John Whittle of Harby 1848 Will
Leicestershire, Leicester and Rutland Archives PR/T/1848/207
This is the last Will and Testament of me John Whittle of Harby in the County of Leicester Publican and Farmer
First I will order and direct that all my just debts funeral and Testamentary expenses be fully paid and satisfied out of my personal Estate by my Executors hereinafter named as soon as conveniently may be after my decease
I give devise and bequeath all and every my houses lands tenements and hereditaments whatsoever and wheresoever and also all and every my personal Estate unto my Friends Beaumont Shilcock of Hose in the County of Leicester Farmer and Henry Hall of Aslockton Abbey in the County of Nottingham Farmer their heirs executors administrators and assigns Upon trust to receive the rents and profits of my real Estate and after paying the necessary expenses of keeping the buildings in repair to pay over the residue of such rents and profits unto my Dear Wife Elizabeth for her sole and absolute use and benefit so long as she shall continue my Widow and also permit and suffer my said Dear Wife during her Widowhood to have under the Control of my said trustees their executors and administrators the use and enjoyment of all my personal Estate so that the same be not wilfully diminished or wasted
And on the death or Marriage of my said Wife Upon trust to deliver over to my eldest Son John Whittle all and every the Stock and Crop and Implements for farming which may be in and upon my said lands and the Farm which I occupy for his sole and absolute use and benefit
And also upon Trust as soon as conveniently may be after the decease or marriage of my said Wife absolutely to sell and dispose of all and every my household furniture brewing vessels and other personal Estate not hereinbefore bequeathed and also all my houses, lands, tenements, and real Estate whatsoever and wheresoever either together or in lots by Public Auction or by Private Contract for such prices as they my said trustees or the Survivor of them or his heirs shall deem reasonable and sufficient and to receive the moneys to arise from such Sale or Sales and to pay and divide the same unto and amongst all and every my Children who shall be living at the time of the decease or marriage of my said Wife and the issue of such of them as shall be then dead if any in equal shares and proportions when and as they shall attain the age of twenty one years, the issue of any such deceased child or children taking only the share or shares which his or their deceased parent or parents would have been entitled to respectively
And in case any of my said Children shall happen to be under the age of twenty one years at the death or marriage of my said Wife Upon trust that they my said Trustees and the survivor of them shall invest the share or shares of such Child or Children so under age to arise from the sale of my said real Estate upon good real or Government Security and pay the interest or dividends thereof for the use of such Child or Children respectively as they shall see fit and expedient and when and as they the said Children shall attain twenty One years of age then to call in his her or their share or shares and to pay the same to such Child or Children respectively
And I do hereby declare that the receipt or receipts of my said Trustees or the Survivor of them his heirs or assigns shall be good and effectual discharges to the purchaser or purchasers of my said real Estate or any part thereof and that such purchaser or purchasers shall not be bound to see to the application or answerable for the misapplication or nonapplication of such purchase money or any part thereof
And further that they my said trustees shall not be answerable or accountable for any more or other moneys than shall actually come to their respective hands under the trusts of this my will nor for any loss which may happen thereto (except such loss be thro’ their or his wilful neglect or default) nor the one of them for the other of them or the acts deeds or defaults of the other of them but each for his own acts deeds and defaults only
And lastly I hereby revoke all other wills by me heretofore made and declaring this to be my last Will and Testament I do hereby appoint the said Beaumont Shilcock and Henry Hall joint Executors hereof
In Witness whereof I have to this my Will contained in two sheets of paper subscribed my hand and set my seal this sixth day of October One thousand eight hundred and thirty six
John Whittle
Signed, Sealed, published and declared by the Testator as and for his last Will and Testament in the presence of us who in his presence of us and in the presence of each other have subscribed our names as Witnesses
… Browne Solr Nottm
Wm Green Clerk to Mr Browne
Elizabeth …ter Servant to Mr Browne
Melton Mowbray 6th day of June 1848
Beaumont Shilcock of Hose in the county of Leicester Farmer and Henry Hall of Aslockton Abbey in the County of Nottingham Farmer the joint Executors in this Will named were duly sworn to the Truth and faithful performance thereof as usual and that the Goods Chattels and Credits of the deceased do not amount in value to the Sum of Two hundred Pounds and that the deceased died on the 17th day of February last past
Before me J Healy Surrogate to the Commissary
On the 17th June 1848 Origl Will exhibited before the Rev George William Shaton [?] Clerk BA & Surrogate of the Commissary and Probate decreed to pass Seal to Thomas Beaumont Shilcock (in the Will called Beaumont Shilcock) and Henry Hall in the presence of
John Stockdale Hardy Registrar
Same day Probate dated