Robert Yalding of Stathern 1828 Will
Leicestershire, Leicester and Rutland Archives PR/T/1828/209
This is the last Will and Testament of me Robert Yalding of Stathern in the County of Leicester Farmer as follows
First I direct my Executors hereinafter named to pay all my just debts funeral and Testamentary expences
I Give and Devise All my Messuage or Tenement with the Orchard Yard and Outbuildings thereto belonging And also All that Close or ground inclosed called the Tofts containing nine Acres or thereabouts situate standing lying and being in Stathern aforesaid and in my own occupation unto my daughter Catherine Crofts and her assigns for and during the Term of her natural life
Also I Give and bequeath All my Household furniture Plate linen stock upon my Farm and all other my Personal Estate whatsoever (except my ready money or securities for money) Subject as aforesaid unto my said daughter Catherine Crofts her Executors and Administrators
After the decease of my said daughter Catherine Crofts I Give and Devise All that my said Messuage or Tenement Orchard Close and Real Estate so situated in Stathern aforesaid with the Appurtenances unto my Two friends The Reverend William Greenwood of Stathern aforesaid Clerk and Thomas Clarke of Melton Mowbray in the said County of Leicester Gentleman their heirs and Assigns Upon this Special Trust nevertheless that they the said William Greenwood and Thomas Clarke or the Survivor of them and his heirs do and shall as soon as convenient after my said daughters decease Sell and dispose of all my said Real Estate and premises either by Auction or Private Contract as may seem to them or the Survivor of them and his heirs most advisable and with the monies to arise therefrom (after deducting the Sum of Two hundred pounds part thereof which I have hereafter bequeathed) to divide the same into and amongst all and every my Grand Children share and share alike And in case any of my said Grandchildren shall happen to die before his or her share of the said Purchase money becomes due and payable without leaving issue living at the time of his or her decease Then I direct the Share or Shares of him her or them so dying without issue as aforesaid shall go to and be amongst the Survivors and Survivor of them if more than one equally share and share alike and if but one Then to such only Grand Child his or her Executors and Administrators
And with Respect to the said Sum of Five hundred pounds so to be deducted as aforesaid I will and direct that the said William Greenwood and Thomas Clarke and the Survivor of them and his heirs to pay and divide the same unto and amongst the Children of my daughters Sarah Scrimshaw, Bridget Swain, Elizabeth Blankley, Ann Mintin, and Jane Feilding in equal shares in addition to the Sums they may receive under and by virtue of this my Will But in Case any of the said Children shall happen to die before his her or their share of the said Sum of Two hundred pounds becomes due and payable without issue living at the time of his her or their decease Then I direct that the share or shares of him her or them so dying without leaving issue as aforesaid shall go and be paid to the Survivors or Survivor of them if more than one share and share alike and if but one Then to such Surviving Child his or her Executors or Administrators
And for facilitating the sale of my said Real Estate and premises I do hereby expressly direct that the receipt or receipts of the said William Greenwood and Thomas Clarke, and the Survivor of them and his heirs shall be sufficient discharges and discharge to the Purchaser or Purchasers of all or any part of the said Real Estate for the purchase money thereof and that the purchaser or purchasers shall not be answerable or accountable for the same or be obliged to see to the application thereof or of any part thereof
I Give and bequeath unto my daughter Ann the Wife of Edward Mintin and her assigns for and during the Term of her natural life One Annuity or yearly sum of Ten pounds of lawful English money clear of all deductions whatsoever payable half yearly namely the fifth day of April and the Tenth day of October in every Year the first payment to be made on either of the said days as shall first and next happen after my decease and I do hereby Subject and charge all the Residue of my Personal Estate hereinafter bequeathed with the just and true payment thereof
I Give and bequeath unto my daughter Frances the wife of Berry Rushland and her assigns for and during the Term of her natural life One Annuity or Yearly sum of Ten pounds of lawful English money clear of all deductions whatsoever payable half yearly namely the fifth day of April and the Tenth day of October in every year The first payment thereof to be made on either of the said days as shall first and next happen after my decease and I do hereby subject and charge All the Residue of my Personal Estate hereinafter bequeathed with the just and true payment thereof
And Subject to the said Two Several Annuities debts funeral and Testamentary expences I Give and bequeath All the Rest and Residue of my Personal Estate and Effects or whatever kind or sort unto my said Two friends William Greenwood and Thomas Clarke their Executors and Administrators Upon trust Nevertheless that they and the Survivor of them his Executors and Administrators do and shall stand possessed of the said Residue of my said Personal Estate and Effects Subject as aforesaid and pay and divide the same unto and amongst all and every my Grand Children share and share alike And in any case any of my said Grandchildren shall happen to die before his her or their share or shares become due and payable without leaving issue living at the time of his her or their decease Then I will that the Share or Shares of him her or them so dying without issue as aforesaid shall go to and amongst the Survivors and Survivor of them if more than one in equal shares and if but one Then to such only one his or her Executors and administrators
And my mind and will further is and I do hereby direct that my said Trustees and the Survivor of them his Executors and administrators shall be at liberty by and out of the said Trust monies and premises to retain to themselves all reasonable Costs charges and expences they may be at or put to in the Execution of the Trusts hereby in them Reposed and that neither of them shall be answerable or accountable for any loss which may happen to the said Trust monies unless the same happen through his or their wilful neglect or default not one for the other but each for his own acts deeds and defaults
And Lastly I do hereby appoint the said William Greenwood and Thomas Clarke Guardians for my said Grand Children during their respective Minorities and also Joint Executors In Trust of this my last Will and Testament hereby Revokeing all former wills by me made
In Witness whereof I the said Robert Yalding the Testator have hereunto set my hand and Seal this twenty third day of June one thousand eight hundred and Twenty five
Robert Yalding
Signed sealed published and declared by the said Testator Robert Yalding as and for his last Will and Testament in the presence of us who have at his Request in his presence and in the presence of each other Set our hands as Witnesses to the due Execution thereof
Tho Parke
John Cobley
William Greenwood Jur
Whereas I Robert Yalding of Stathern in the County of Leicester Farmer have duly made and published my last will and testament in writing bearing date the twenty third day of June One thousand eight hundred and twenty five and thereby Given and Devised and bequeathed a Messuage or tenement Orchard Close and Hereditaments unto my Daughter Catharine Crofts and her Assigns for the term of her natural life And also All my Household Goods Plate Linen Stock upon the Farm and other Effects (except as therein is excepted) unto my said Daughter Catharine Crofts her Executors and Administrators Now I do hereby expressly declare that the above devise and bequest to my said Daughter Catharine Crofts shall not be subject to the payment of any portion of the Debts of her Husband Thomas Crofts or any ways liable to his Controul or engagements but entirely for the sole benefit of my said Daughter Catharine Crofts
And I do hereby ratify and confirm my said Will and every particular thereof by this my Codicil thereto and which I declare is part thereof
In Witness whereof I have hereunto set my hand and seal this thirty first day of May One thousand eight hundred and twenty six
Robert Yalding
Signed sealed published and declared by the said Robert Yalding the testator as and for a Codicil to his last will and testament in the presence of us who have at his request in this presence and in the presence of each other set our hands as Witnesses to the due execution thereof
John Shipman
Robert Barke
George Doubleday
Whereas I Robert Yalding of Stathern in the County of Leicester Grazier have duly made and published my last Will and Testament in Writing bearing date the Twenty third day of June One thousand eight hundred and Twenty five And have also duly made and published a Codicil to My Said Will bearing date the Thirty first day of May last past which is annexed thereto and I direct the same to be taken as part thereof
Now I do hereby declare this present Writing to be a Second Codicil to my said Will and direct that the same be also annexed thereto and taken as part thereof
And Whereas since the making and publishing of my said will and first Codicil I have purchased a certain Orchard in Stathern aforesaid adjoining the premises now in my own occupation of one Alfred Limbert Now my Mind and Will is And I do Give and Devise the said Orchard and hereditaments unto my daughter Catherine Crofts for and during her life And after her decease I Give and Devise the same unto my Two Trustees in my said Will named their heirs and assigns Upon Trust to be sold in such manner as is therein named as to the other part of my Real Estate and the monies arising therefrom to be applied to and for the use and benefit of such persons as are in my said Will particularly mentioned to receive the purchase monies to arise from the sale of my said Real Estate and premises after the decease of my said daughter Catherine Crofts namely all my Grandchildren Share and Share alike in such manner and at such time or times as in my said Will is expressly appointed for payment thereof
And I do hereby Ratify and confirm [about four words lost in a fold] thereof
In witness [small hole] have to this my said Second Codicil set my hand and Seal this Twenty ninth day of November one thousand eight hundred and Twenty six
Robert Yalding
Signed sealed published and declared by the said Robert Yalding the Testator as and for a Codicil to be annexed to his last Will and Testament in the presence of use
Wm Clark
Robert Barke
Henry Barke
Melton Mowbray 1st April 1828
Let a probat be made to the Revd William Greenwood of Stathern in the County of Leicester Clerk and Thomas Clarke of Melton Mowbray in the same County Gentleman the joint Executors named in the Will of the deceased
They having been first duly sworn as well to the faithful Excon of the Will & Codicils marked (A) and (B) as that the Goods and Chattels and Credits of the said deceased as they were at his death without deducting any debts due and owing therefrom do not amount in Value to the Sume of Three Thousand Pounds
Before me Thos Hoe Commissioner
19th April 1828
Will Commission executed exhibited before the Revd George Berkeley Mitchell Clerk & Surrogate and Probate passed Seal
Signed by John Stockdale Hardy Depy Registrar
Deced died 31st Decr last
