John Whittle of Harby 1841 Will
Leicestershire, Leicester and Rutland Archives PR/T/1841/188
This is the last Will and Testament of me John Whittle of Harby in the County of Leicester farmer and grazier
I direct that all my just debts funeral and testamentary expences be fully paid and satisfied by my executors hereinafter named as soon as conveniently may be after my decease
I give and devise all that my messuage tenement or dwellinghouse at Harby aforesaid in my own occupation and also all my closes pieces or parcels of land or ground at Harby aforesaid and all other my real estate whatsoever and wheresoever unto Levi Doughty living with me To hold unto and to the use of him the said Levi Doughty and his assigns for and during the Term of his natural life and from
And after his decease I give and devise all and singular my said messuage tenement or dwellinghouse closes pieces or parcels of land or ground hereditaments and real Estate unto my eldest Son John Whittle his heirs and assigns To hold unto and to the use of my said so John Whittle his heirs and assigns for ever Subject nevertheless and charged and chargeable with the payment by my said son his heirs or assigns of a clear yearly sum of annuity of Thirty Pounds unto my dear wife Ann Whittle and her assigns for and during the term of her natural life provided she so long continue my widow payable quarterly and subject also and charged and chargeable with the payment by my said son John his heirs or assigns of the Legacy or sum of Five hundred Pounds apiece to each of my two sons Levi Doughty Whittle and James Whittle which said several legacies or sums of Five hundred Pounds I direct shall be paid by my said son John his heirs or assigns to my said sons Levi Doughty Whittle and James Whittle on their respectively attaining their ages of twenty one years
And in case my said son John Whittle shall depart this life under the age of twenty one years without leaving lawful issue of his body him surviving then I give and devise my said messuage closes hereditaments and real Estate unto my two sons Levi Doughty Whittle and James Whittle their heirs and assigns for ever to be equally divided between them as tenants in common in fee freed and discharged of and from the said two legacies or sums of Five hundred Pounds but subject and charged with said annuity of Thirty Pounds
Provided always and I direct that from and after my said son John Whittle shall have become entitled to my said hereditaments and real Estate he my said son is heirs and assigns shall pay interest upon the said two legacies or sums hereby given to my said sons Levi Doughty Whittle and James Whittle and charged upon my said real Estate after the rate of Four Pounds for every one hundred pounds for a year unto the Trustees or Trustee for the time being of this my will to be by them or him applied in and towards the maintenance education and advancement in the world of my said two sons Levi Doughty Whittle and James Whittle until they shall attain their respective ages of twenty one years Provided always and I direct that if any person for the time being entitled to the actual possession or to the receipts of the rents and profits of my said hereditaments and real estate or any part thereof shall be under the age of twenty one years the Trustees or Trustee for the time being of this my will shall so long as the person entitled as aforesaid shall be under the age of twenty one years receive and take the rents and profits of my said hereditaments and real estate or of such part thereof to which such person shall be entitled and apply the same or a competent part thereof for his maintenance and education and advancement in the world
I give and bequeath all my monies securities for money live and dead farming stock and all and singular other my personal estate and effects whatsoever and wheresoever and of what nature or kind soever unto the said Levi Doughty and John Orson of Harby aforesaid farmer and grazier their executors administrators and assigns Upon trust that they my said trustees and the survivor of them his executors administrators or assigns do and shall collect and get in all such parts thereof as may not consist of money or securities for money and do and shall sell and convert into money all other parts of my said personal estate and do and shall invest and place out at interest the monies produced by the collection and conversion of my said personal estate upon Government or real securities at interest (from time to time varying and transposing the same several stocks funds and securities or any of them and also any part or parts of my said personal estate which may consist of stocks funds or securities not converted into money in the first instance as my Trustees or Trustee for the time being shall think proper) and do and shall pay and apply the interest dividends and annual proceeds thereof unto and for the maintenance of my said wife provided she continue my widow and the maintenance education and advancement of all and every my child or children until my said son John Whittle shall attain the age of twenty one years then Upon trust that my said Trustees and Trustee do and shall pay and assign the sd trust monies and the stocks funds and securities which the same may happen to be invested unto my said son John Whittle has executors administrators and assigns absolutely for his and their own use and benefit
But if my said son John Whittle shall happen to die under the age of twenty one years without leaving lawful issue living at his death I declare that my said Trustees and Trustee for the time being shall stand and be possessed of the said Trust monies stocks funds and securities In trust for all and every the child and children of mine who shall be living at the decease of my said son and who shall attain the age of twenty one years or marry as tenants in common if more than one And also the issue then living and who shall attain the age of twenty one years or marry of any child or children of mine who shall have died in the lifetime of my said son whether in my lifetime or after my decease such issue through all degrees to take per stirpes as tenants in common if more than one the share or respective shares which his her or their parent or respective parents would have been entitled to if living for the absolute use or benefit of such child children or issue respectively
Provided always and I do direct that it shall and may be lawful for the said Levi Doughty and John Orson and the survivor of them his executors or administrators in the meantime and until my said son John Whittle shall attain the age of twenty one years or in case of his death until my youngest surviving child shall attain the age of twenty one years if my said trustees or trustee shall think fit so to do but not otherwise either by themselves or himself or by any other person or persons to be employed by them or him to carry on the business of my farm and for that purpose to hold and occupy the several closes hereinbefore devised jointly with such other lands and hereditaments as I may rent or hold of any other person at the time of my decease with full power to cultivate and manage the same in such manner as the said Trustees or Trustee shall think fit and to sell and dispose of all or any part of the Stock and produce of the said farm and to purchase cattle and other articles to supply the place of the Cattle and other articles which shall be sold from time to time as aforesaid or which shall be necessary to carry on the business of my said Farm with power to increase or diminish the stock thereof and to employ such Bailiff and other servants and laborers as my said trustee or trustees for the time being shall see occasion and at such Salaries and wages and other privileges and allowances and with such powers and authorities and confidence or trust to be reposed in them or him respectively as shall be deemed advisable or expedient
And I further declare that the profits which shall arise from my said Farm during the time the same shall be so carried on as aforesaid or a competent part thereof after paying the costs of repairs and of insuring against fire and other the charges and expences to be incurred in the execution of the aforesaid trusts shall be applied in the maintenance and support of my said Wife (provided she continue my widow) and the maintenance support and education of all and every my children who shall be living at my decease or otherwise for their respective benefit in such manner and proportions as my said trustees and trustee shall think fit And in such and the same manner as I have hereinbefore directed with regard to the interest of the monies produced by the collection and conversion of my personal estate
And on my said son John Whittle attaining the age of twenty one years then I direct my said trustees and trustee for the time being to pay and assign all and singular the capital stock monies and effects in upon and about my said Farm and all other my residuary personal estate unto my said son John Whittle his executors administrators and assigns absolutely for his and their own use and benefit or in case my said son John Whittle shall happen to depart this life before he shall attain the age of twenty one years without leaving lawful issue him surviving then on my youngest surviving child attaining his age of twenty one years then I direct my said trustees and trustee for the time being to pay and assign all and singular the capital stock monies and effects in upon and about my said Farm and all other my residuary personal Estate unto all and every the child and children of mine who shall be living at the decease of my said son and who shall attain the age of twenty one years or marry as tenants in common if more than one And also the issue then living and who shall attain the age of twenty one years or marry of any child or children of mine who shall have died in the lifetime of my said son whether in my lifetime or after my decease such issue through all the degrees to take per stirpes as tenants in common if more than one the share or respective shares which his her or their parent or respective parents would have been entitled to if living for the absolute use or benefit of such child children or issue respectively
And I declare that it shall be lawful for the said Levi Doughty and John Orson and the survivor of them and the executors administrators and assigns of such survivor to sign and give any receipt or receipts for any sum or sums of money payable to them or him under or by virtue of this my will and that any person or persons paying them or him any such sum or sums of money and taking their or his receipts for the same respectively shall not afterwards be answerable or accountable for the loss misapplication or nonapplication or in anywise concerned to see to the application of the money in the said receipts mentioned or acknowledged to be received
And I further declare that my said Trustees or Trustee shall be charged and chargeable only for such monies as they or he respectively shall actually receive by virtue of the trusts hereinbefore mentioned notwithstanding his or their giving or signing any receipt or receipts for the sake of conformity And that they shall not be answerable or accountable for any Banker or other person with whom or in whose hands the said trust monies shall or may be deposited or lodged for safe custody or otherwise in the execution of the trusts hereinbefore mentioned And that he or they or any of them shall not be answerable or accountable for any misfortune loss or damage which may happen in the execution of the aforesaid trusts or in relation thereto except the same should happen by or through his or their wilful defaults respectively
And also that it shall be lawful for the said Trustees or Trustee for the time being of this my will and his and their respective heirs executors administrators or assigns and each and every of them by and out of the monies which shall come to his or their respective hands by virtue of the trusts aforesaid to deduct retain to and reimburse himself and themselves respectively And to pay to and allow his and their Co-trustee and Co-trustees respectively all costs charges and expences which they or any of them shall sustain or be put unto about the execution of the aforesaid trusts or in relation thereto
And lastly I nominate constitute and appoint the said Levi Doughty and John Orson joint Executors of this my Will and hereby revoke all former and other wills by me at any time heretofore made
In witness whereof I the said John Whittle the testator have to this my last Will and Testament contained in five Sheets of Paper set my hand the twenty second day of December in the year of our Lord one thousand eight hundred and forty
John Whittle
Signed by the above named John Whittle the testator as and for his last Will and Testament in the presence of us both then present together and who in his presence and in the presence of each other have hereunto subscribed our names as witnesses
Henry Thompson Solr Grantham
… Simpson Clk to Mr Thompson
Levi Doughty of Harby in the County of Leicester, Farmer, one of the Executors in this will named, was duly sworn to the truth, and faithful performance thereof, as usual, and that the goods, chattels, and credits of the said deceased do not amount in value to the sum of Four Hundred and Fifty Pounds: and that the deceased died on the sixth day of January last past
Before Thomas Powys Outram
Surrogate to the Commissary
Power reserved for John Orson of Harby in the County of Leicester farmer, the other executor in this will named, when he shall apply for the same.
On the 23rd June 1841 Orig Will exhibited before the Rev. Jemson Davies Clerk Master of Arts and Surrogate of the Commissary and Probate decreed to pass Seal (with reservation for John Orson the other Executor) in the presence of
John Stockdale Hardy Depy Registrar
23rd June 1841 Probate dated