William Wilford of Scalford 1794 Will
Leicestershire, Leicester and Rutland Archives PR/T/1794/143
This is the last Will and Testament of me William Wilford of Scalford in the County of Leicester Grazier made this seventeenth day of February in the year of our Lord one thousand seven hundred and Ninety four
Whereas in and by a certain Indenture bearing Date on or about the twentieth day of October one thousand seven hundred and Eighty made or mentioned to be made between myself and Jane my present wife of the one part and Thomas Wilford of Scalford aforesaid Grazier of the other part and of a fine levied in pursuance thereof All those my pieces or parcells of new inclosed Lands Closes hereditaments and premises situate lying and being in the Lordship or Liberties of Claxton otherwise Long Clawson in the said County of Leicester And also my undivided moiety of a Messuage or Tenement and of the Homestead and other the appurtenances thereunto belonging in Claxton otherwise Long Clawson aforesaid Together with all and singular the rights members and appurtenances thereunto belonging stand limitted to me and Jane my wife for the Term of our natural Lives and the Life of the longer liver of us And from and after our Deceases and the Decease of the Survivor of us Then to the Use of such person or person and for such Estate or Estates and in such manner and form as I at any Time then after during my Life by any Deed or Deeds Writing or Writings under my Hand and Seal and attested by two or more credible Witnesses or by my last Will and Testament in writing duly executed in the presence of and attested by three or more credible Witnesses should limit or appoint give or devise the same and for want of and untill such Limittation or appointment Gift or devise to the use of me my Heirs and Assigns for ever Now I the said William Wilford do by this my last Will and Testament duly executed in the presence of and attested by three or more credible Witnesses limit and appoint Give and devise unto Robert Goodacre of Claxton otherwise Long Clawson aforesaid schoolmaster from and after the Decease of my said wife Jane Wilford All those my said pieces or parcells of new inclosed Lands Closes undivided moiety of my said Messuage or Tenement Homestead and all and singular other my hereditaments and premises in Claxton otherwise Long Clawson aforesaid To hold the same from and after the decease of my said wife Jane Wilford unto the said Robert Goodacre his Executors Administrators and Assigns for during and unto the full end and Term of five hundred years Upon the Trusts and to and for the ends Intents and purposes and subject to the Provisions hereinafter mentioned And from and after the end Expiration or other sooner determination of the said Term of five hundred years Then I limit and appoint Give and devise the said Pieces or Parcells of new inclosed Lands Closes undivided moiety of the said Messuage or Tenement homestead hereditaments and Premises unto my Eldest Son William Wilford for and during the Term of his natural Life without Impeachment of or for any manner of waste
And from and immediately after the determination of that Estate Then to the use of my Grandson Edward Wilford the Eldest son of my said Son William Wilford and his Assigns for and during the Term of his natural Life
And from and immediately after the determination of that Estate Then to the Use of John Buck of Holwell in the County of Leicester Grazier And Andrew Guy of Ab Kettleby in the said County Grazier an their Heirs during the Life of my said Grandson Edward Welford upon Trust to support and preserve the contingent Uses and Estates hereinafter limitted from being defeated and destroyed and for that purpose to make Entries or bring Actions as the Case shall require but nevertheless to permit and suffer my said Grandson Edward Wilford and his Assigns during his Life to receive and take the rents and profits thereof and of every part thereof to and for his and their own use and benefit and from and after the Decease of my said Grandson Edward Wilford Then to the Use and behoof of all and every or such one or more of the Sons and Daughters of my said Grandson Edward Wilford and his Her or their Heirs and Assigns and for such Estate and Estates Use and Uses and Upon such Trust or Trusts and under and subject to such Powers Provioes and Conditions Restrictions and Limittations or not upon any Power Proviso condition Restriction or Limittation and in such parts shares and proportions sort manner and form as my said Grandson Edward Wilford shall by his last Will and Testament in writing to be duly executed and attested by three or more credible Witnesses direct limit or appoint and for want of and untill such direction Limittation and appointment and as to such parts thereof whereof no such limitation direction or appointment shall be made and as and when the Estate and Estates so to be limitted directed or appointed shall respectively cease and determine Ten to the use and behoof of the first Son of the Body of the said Edward Wilford and of the Heirs of the Body of such first Son lawfully issuing And for default of such Issue Then to the use and behoof of the second third fourth fifth and all and every other the Son and Sons of the said Edward Wilford severally successively and in remainder one after another as they and every of them shall be in seniority of age and Priority of Birth and of the several and respective Heirs of the Body and Bodies of all and every such Son and Sons lawfully issuing the Elder of such Sons and the Heirs of his Body issuing being always to be preferred and to take before the Younger of such Sons and the Heirs of his or their Body or Bodies issuing And for default of such Issue Then to the Use and behoof of all and every the Daughter and Daughters of the Body of the said Edward Wilford to be equally divided between them if more than one share and share alike as Tenants in common and not as joint Tenants and of the several and respective Heirs of the Body and Bodies of all and every such Daughter and Daughters lawfully issuing and for Default of such Issue Then to the Use and behoof of the right Heirs of my said Son William Wilford for ever
And I do hereby declared that the said Term of five hundred years is limitted to the said Robert Goodacre his Executors Administrators and Assigns upon the Trusts and to and for the ends Intents and Purposes following (that is to say)
Upon Trust That he the said Robert Goodacre his Executors or Administrators shall and do within twelve Calendar months next after the Decease of my said wife Jane Wilford by demise sale or mortgage of all or any part of the said Pieces or parcells of new inclosed Land Closes undivided moiety of the said Messuage or Tenement homestead hereditaments and premises for all or any part of the said Term of five hundred years therein raise and levy or borrow and take up at Interest the Sum of one hundred pounds and pay the same unto my Youngest son Thomas Wilford his Executors administrators or assigns Provided always that in Case my said Son William Wilford his Heirs Executors or Administrators or any of them do and shall well and truly pay or cause to be paid unto the said Thomas Wilford his Executors Administrators or assigns the said Sum of one hundred pounds within twelve Calendar Months next after the decease of my said wife Jane Wilford without making any deduction or abatement out of the same or any part thereof upon any Account whatsoever Then the said Term of five hundred years of and in the said Premises so as aforesaid limitted to the said Robert Goodacre his Executors and administrators shall cease determine and be absolutely void to all Intents and purposes whatsoever any thing herein contained to the contrary thereof in any wise notwithstanding
And Whereas by a Certain other Indenture bearing date on or about the Twenty first Day of January which was in the year of our Lord one thousand seven hundred and Eighty Eight and made or mentioned to be made Between myself and Jane my said wife of the one part and John Buck of Holwell in the said County of Leicester Grazier of the other part and of a fine levied in pursuance thereof All that Messuage Cottage or tenement with the Workshop and other the Buildings and the orchard homestead and appurtenances thereunto belonging situate standing and being in Scalford aforesaid formerly in the Possession of William Pallet afterwards of Thomas Smart and then or late of William Hawley And also all that homestead or little Close of pasture Ground with the appurtenances lying and being in Scalford aforesaid containing by Estimation two roods or thereabouts and commonly called or known by the Name of Calves Close formerly in the possession of Edward Wilford and then in my own occupation And also all that Close or piece or parcel of inclosed Land lying or being in the Lordship of Scalford aforesaid in certain fields there called the Mainbrook field and Nether field bounded on the North by Lands belonging to the Churchwardens and Overseers of the Poor of Scalford aforesaid On the East and part of the South by Lands then or late belonging to William Sherrard On the part of the South by Lands then or late belonging to John Kirk And on the West by Lands then or late belonging to Nathaniel Stone containing by Estimation nine Acres one rood and eleven perches or thereabouts and then or late in my own occupation Together with all and singular the rights members and appurtenances thereunto belonging Stand limitted to the use of me the said William Wilford and Jane my wife for and during the Term of our natural Lives and the life of the longer liver of us
And from and after our Decease and the decease of the Survivor of us To the Use of such person or persons and for such Estate and Estates and under and subject to such powers provisoes conditions Restrictions and Limittations and in such manner and form as I the said William Wilford at any Time or Times then after during my Life by any Deed or Deeds writing or writings under my Hand and seal attested by two or more credible Witnesses or by my last Will and Testament in writing duly executed in the presence of and attested by three or more credible Witnesses shall limit or appoint give or devise the same And for want of and untill such Limittation or appointment Gift or devise To the Use of Thomas Wilford of Scalford aforesaid (youngest Son of me the said William Wilford) and the Heirs and Assigns of the said Thomas Wilford for ever
Now I the said William Wilford Do by this my last Will and Testament duly executed in the presence of and attested by three or more credible Witnesses limit and appoint Give and devise the said Messuage Cottage or tenement Workshop orchard Closes or pieces or parcels of Ground hereditaments and Premises in Scalford aforesaid from and after the decease of my said wife Jane Wilford unto my said Son Thomas Wilford and his assigns for and during the Term of his natural Life and from and after the determination of that Estate Then I limit and appoint Give and devise the same Hereditaments and premises in Scalford aforesaid To the said Robert Goodacre and his Heirs during the Life of the said Thomas Wilford Upon Trust to support and preserve the contingent uses and Estates hereinafter limitted from being defeated and destroyed And for that purpose to make entries or bring Actions as occasion shall require yet nevertheless to permit and suffer the said Thomas Wilford and his assigns during his Life to receive and take the rents Issues and profits thereof and of every part thereof to and for his and their own use and benefit And from an after the decease of the said Thomas Wilford Then to the Use of the Heirs of his Body lawfully to be begotten And for default of such Issue Then I limit and appoint give and devise the same hereditaments and premises To my Grandson William Wilford the fourth Son of my said Son William Wilford for and during the Term of his natural Life without Impeachment of Waste And from and immediately after the Determination of that Estate Then to the use of the said Robert Goodacre and his Heirs during the Life of my said Grandson William Wilford upon Trust to support and preserve the contingent uses and Estates hereinafter limitted from being defeated and destroyed and for that purpose to make entries or bring Actions as the Case shall require but nevertheless to permit and suffer my said Grandson William Wilford and his assigns during this Life to receive and take the rents and profits thereof and of every part thereof to and for his and their own use and benefit And from and after the decease of my said Grandson William Wilford Then to the use of the Heirs of his Body lawfully to be begotten
And for default of such Issue Then I limit and appoint Give and devise the same hereditaments and premises last mentioned To my Grandson Thomas Wilford the third Son of my said Son William Wilford for and during the Term of his natural Life without Impeachment of Waste And from and immediately after the determination of that Estate Then to the Use of the said Robert Goodacre and his heirs during the Life of my said Grandson Thomas Wilford Upon Trust to support and preserve the contingent uses and Estates hereinafter limitted from being defeated and destroyed and for that purpose to make Entries and bring Actions as the case may require but nevertheless to permit and suffer my said Grandson Thomas Wilford and his Assigns during his Life to receive and take the rents and profits thereof and of every part thereof to and for his and their own use and Benefit And from and after the decease of my said Grandson Thomas Wilford Then to the Use of the Heirs of his Body lawfully to be begotten And for Default of such Issue To the use of the right Heirs of my said Son William Wilford forever
Also I give unto my wife Jane Wilford the Sum of Twenty pounds to be paid to her immediately after my decease by my Executor hereinafter named
Also my Will is and I do hereby direct That my said wife shall (if she pleases) have and enjoy such part of my household Goods and furniture as she shall select not exceeding in value altogether the Sum of Sixty Pounds for and during the Term of her natural Life And that the value thereof in case of dispute shall be ascertained by two Indifferent persons one to be nominated by my said wife and the other by my Executor hereinafter named
And as to all my ready money and securities for money household Goods furniture Cattle Stock Chattels and personal Estate of what nature or kind soever and wheresoever not hereinbefore disposed of I give and bequeath the same and every part thereof (Subject nevertheless to and charged and chargeable with the payment of all my just Debts funeral Expences the Charges of proving this my Will and the said Legacy of twenty pounds so as aforesaid given to my said wife) unto my said Son Thomas Wilford his Executors Administrators and assigns
And I do hereby nominate and appoint my said Son Thomas Wilford Sole Executor of this my last Will and Testament
In Witness whereof I the said William Wilford the Testator have to this my Last Will and Testament contained in five Sheets of Paper set my Hand at the bottom of the four first Sheets And my hand and Seal to this last Sheet the day and year first above written
William Wilford
Signed sealed published and declared by the said William Wilford the Testator as and for his last Will and Testament in the presence of us who in his presence and in the presence of each other have subscribed our names as Witnesses thereto
James Darker
Robert Parr
Jemima Fox
7th October 1794
Let a probat be made to Thomas Wilford the sole Executor within named He being duly sworn as well to the faithful Execution of the Will as that the Testator’s Goods Chattels and Credits do not amount in Value to the sum of One thousand pounds
Before me Tho. Ford, Surrogate