Woodroffe Joseph 1763 of Nether Broughton will

Joseph Woodroffe of Nether Broughton 1763 Will

Leicestershire, Leicester and Rutland Archives, Leicestershire Wills and Probate Records 1763

In the name of God Amen I Joseph Woodroffe of Nether Broughton in the County of Leicester Hosier being of Sound and disposing Mind and Memory do make this my last Will and Testament in manner and form following (that is to say)

First I Give and Devise All those my Messuages Lands Tenements Hereditaments and premises with the appurtenances situate lying and being within the Lordship or Liberty of Nether Broughton aforesaid or elsewhere in the Kingdom of Great Britain And Also all my Goods Chattles and personal Estate whatsoever or of what nature or kind soever the same may be or consist unto my friends Solomon Woodroffe of Rempston in the County of Nottingham Gentleman and Thomas Smart of Burton upon the Woulds in the said County of Leicester Gentleman their Heirs Executors and Administrators Upon the Trusts and to and for the several uses Intents and purposes hereinafter mentioned Expressed and Declared (that is to say)

In Trust nevertheless in the first place as soon as conveniently may be after my Decease to Sell and dispose of all my personal Estate and Effects and with the Moneys Arising by sale thereof to pay and apply the same towards the discharge of all my Just Debts and funeral Expences And in Case the same shall not be Sufficient to Discharge the same Then upon Trust to Sell and dispose of such part or parts of my said real Estate (as they my said Trustees shall in their Judgment think proper) and with the Moneys arising from such Sale or sales of my said real Estate to pay and Discharge such part of my said Debts and funeral Expences as shall then remain unsatisfied

And Then upon further Trust That they the said Solomon Woodroffe and Thomas Smart and the Survivor of them and the Heirs Executors or Administrators of such Survivor do shall and lawfully may hold Enjoy receive and take the rents issues and profits of my said real Estate that shall be then unsold and pay and Apply the same from time to time to and for the sole and separate use of my sister Mary Wright Wife of John Wright of Nether Broughton aforesaid farmer for and during the Term of her Natural life without being Accountable for the same to the said John Wright her Husband and which shall not be subject or lyable to the payment of his Debts or Engagements or otherwise And to Give her own receipt from time to time to the said Solomon Woodroffe and Thomas Smart for such rents and profits and which receipts shall in the case notwithstanding her Coverture be deemed a good and sufficient discharge in Law to them for the same

And from and Immediately after the Decease of the said Mary Wright Then upon this further Trust to pay and Apply the rents issues and profits of my said real Estate that shall from time to time arise from the same to and for the Maintenance Education and Support of all and every the Child or Children of my said Sister Mary Wright (if more than one) till they severally and respectively Attain their respective Age or Ages of Twenty one Years and if only one then the same to such one Child in manner aforesaid and from and Imediately after all and every the Child or Children of my said Sister Mary Wright shall so have attained his her or their said age or ages of Twenty one years Then upon this further Trust That they the said Solomon Woodroffe and Thomas Smart and the Survivor of them and his Heirs do and shall sell and dispose of all my said Real Estate and with the Moneys arising by sale thereof to pay and apply the same in manner following (that is to say)

One half part thereof unto and Amongst all and every the Children of my said Sister Mary Wright which shall be then living (if more than one) and if only one Then to such one Child and the other half part thereof unto and Amongst all and every the Children of my Brother Solomon Woodroffe of Stampford in the County of Lincoln Druggist which shall be then living (if more than one) and if only one Then to such one Child

And my Will and Mind is further and I do hereby Direct and appoint that it shall and may be lawful to and for my said Trustees or the Survivor of them or the Heirs Executors or administrators of such survivor to Deduct and reimburse him and themselves out of the Moneys arising by Sale of my said real and personal Estate all such Costs Charges and Expences as they or any of them shall from time to time pay Expend or be put unto or reasonably deserve to have for their loss of time and trouble in and about the Execution of the Trust and in the performance of this my will

And Lastly I do hereby Appoint my said Trustees Solomon Woodroffe and Thomas Smart Sole Executors of this my last Will and Testament hereby revoking all former Wills by me at any time heretofore made

In Witness whereof I the said Joseph Woodroffe have to this my last Will and Testament set my hand and seal the first day of October in the Year of our Lord one thousand seven hundred and Sixty two

                                                                                                         Joseph Woodroffe

Signed sealed published and Declared by the above named Joseph Woodroffe as and for his last Will and Testament in the presence of us who have hereunto subscribed our Names as Witnesses thereto at his request and in the presence of each other

Elizabeth Morley

Henry Man

Frances Man

The 17th day of February 1763 Solomon Woodroffe and Thomas Smart the Joint Executors within named were sworn

                                                                                                         Before me Tho: Parkinson Surrogate