Thomas Wilford of Stathern 1817 Will
Leicestershire, Leicester and Rutland Archives PR/T/1817/217
In the name of God Amen This is the last Will and Testament of me Thomas Wilford of Stathern in the County of Leicester Grazier
I Give and Devise all my Messuages Closes Lands Tenements Hereditaments and real Estate both Freehold and Copyhold (the Copyhold part whereof I have surrendered to the use of my Will) situate and being in Stathern aforesaid or elsewhere with their and every of their rights members and appurtenances unto my Brother in law Thomas Black of Melton Mowbray in the County of Leicester Grazier William Hall of Melton Mowbray aforesaid Liquor Merchant and Richard Healy the younger of Wymondham in the said County of Leicester Grazier their Heirs and Assigns To hold the same unto and to the use of the said Thomas Black William Hall and Richard Healy their Heirs and assigns for ever
I Give and Bequeath unto the said Thomas Black William Hall and Richard Healy their Executors administrators and assigns all the Personal Estate and Effects of every kind of which I shall die possessed and I do expressly direct and declare that the said Thomas Black William Hall and Richard Healy and the Trustees to be appointed under the Provision I shall hereafter make for that purpose shall stand possessed of the whole of the Estate and Effects hereby given devised and bequeathed upon the trusts and for the intents and purposes hereafter expressed and declared (that is to say)
Upon Trust that my Trustees for the time being do and shall immediately after my death deliver all my Household Furniture Plate Linen and other Household Effect to my Dear Wife Sarah Wilford for her own use and benefit
And upon further trust that my said Trustees do from the rest of my estate raise sufficient money to pay and satisfy all my just debts and my funeral and Testamentary Expenses and that they raise the sum of One thousand Pounds for the benefit of my youngest Son John Wilford and that they apply the Interest or competent part thereof in the maintenance and education of my said Son until he shall attain the age of twenty one years and that they do also if necessary advance any part of the Principal for my said sons benefit during his minority
And in case my said son shall live to attain the age of twenty one years then that my Trustees pay to him the Principal and the accumulation of Interest if any (or such part as shall not have been previously advanced) for his own use and benefit but in case my said Son shall die under the age of twenty one years having a Child or Children then that my Trustees do stand possessed of the said Principal and interest for the benefit of such Child or Children but in case my said son shall die under the age of twenty one years without Issue then the said Principal Money and Interest shall be divided equally between my Wife and my eldest son Thomas Wilford
And subject to the above Provision for payment of Debts and for my youngest son Upon trust that my said Trustees do stand possessed of one equal half part of my said Estate and Effects in trust for my Wife the said Sarah Wilford for her life and after her death in trust for one or both of my said sons Thomas Wilford and John Wilford or for the Child or Children of my said sons or either of them in such parts shares and proportions as she my said Wife shall by any Deed or Deeds in her lifetime or by her last Will and Testament or any Codicil or Codicils thereto direct or appoint and in default of such direction then in trust for my said two sons and their respective Executors and Administrators share and share alike
And that my said Trustees do stand possessed of the other equal half part of my said Estate and Effects for the benefit of my eldest son Thomas Wilford And I do expressly declare that though the whole of my real estate may not be converted into money immediately at my death yet the same shall be considered as personalty for every purpose of descent or disposition
And I expressly declare that my said Trustees for the time being shall in their discretion at any time or times after my death when they shall think it most expedient sell and dispose of the whole or any part of my real estate and also of such part of my personal estate as shall not be in money at my Death either by public auction or private contract or together or in parcels and convey the same to the purchaser or purchasers thereof and receive the purchase money thereof And I particularly wish it to be understood that my said Trustees are not to be controlled in making such Sales by my Wife or Children or any other Persons who may be beneficially interested but in case my said Trustees shall think it expedient not to sell my real Estates they shall have full power and authority to borrow any money they may have occasion for on Mortgage of my said real Estates or any part thereof
And I expressly direct that the Person or Persons who shall become the purchaser or purchasers of all or any part of my real and personal Estate or who shall lend any sum or sums of money on Mortgage of my Real Estate or who shall from time to time have any part of my personal Estate and Effects in his or their hands or upon Securities given or to be given by him her or them shall not be obliged to see to the application of the money to be lent advanced and paid by him her or them respectively to my said Trustees for her time being or their Agents under his or their direction or be answerable or accountable for the misapplication or nonapplication of the same and that every receipt that shall be given for the said purchase or Mortgage money or other trust monies or any part thereof respectively by the said Trustees for the time being or their agents or any other Person to whom the same monies shall be paid under his or their direction shall be an effectual discharge for the sum or sums which thereby shall be acknowledged or expressed to be received and that all and every sale or sales which shall be made or contract or contracts for sale which shall be entered into and Conveyance and Conveyances Mortgage and Mortgages which shall be executed by my said Trustees for the time being shall be binding and conclusive on the Person or Persons beneficially interested and his her or their Executors or Administrators
Provided and I further direct that my Trustees for the time being shall from time to time lay out and invest or continue my personal estate and effects in or upon some of the Government Stocks or Funds of Great Britain or upon real Securities in England or Wales and shall and may transfer such stocks Funds and securities as occasion shall require or as shall be deemed proper
Provided also and I further direct that in case the said Thomas Black William Hall and Richard Healy or either of them or any Trustee to be appointed under this provision in their or either of their place shall die or become unwilling or unable to act in the aforesaid trusts before the said trusts shall be fully executed and performed then and in that case and as soon and as often as the same shall happen it shall and may be lawful unto and for the acting Trustee or Trustees for the time being under this Will to nominate any fit person or persons to supply the place of the Trustee or Trustees so dying or becoming unwilling or unable to act as aforesaid and that immediately after every such appointment the said trust estates and trust monies and the Stocks Funds and Securities in and upon which the said Trust monies shall be invested shall be conveyed assigned and transferred so and in such manner that the same may vest in such new Trustee or Trustees or in such new Trustees solely as the case may require and their Heirs Executors administrators and assigns to the uses and upon the trusts hereinbefore declared of and concerning the same respectively and every such new Trustee shall have and may exercise the same powers privileges authorities of approbation consent discretion and of giving effectual receipts maintenance and education and all other powers and authorities whatsoever as if he she or they or they had been appointed a Trustee by this my will
Provided also And I further declare that the said Trustees hereby appointed and also the Trustees to be appointed by virtue of the provisions hereinbefore mentioned severally and respectively and their several and respective Heirs Executors and Administrators shall be charged and chargeable only for such sums as the said Trustees respectively shall actually receive by virtue of the trusts hereby in them reposed notwithstanding their giving or signing or joining in giving or signing any receipt or receipts for the sake of conformity and that they or any of them shall not be answerable for any Banker or Broker or other Person with whom or in whose hands any part of the Trust monies shall be deposited for safe custody or otherwise in the execution of the aforesaid trusts nor for any misfortune loss or damage which may happen in the execution of the aforesaid trusts or in relation thereto except the same shall happen by or through his or their own wilful neglect or default respectively and in that case each Person alone shall be answerable for such loss or damage as shall arise from his own act neglect or default
Provided lastly that it shall and may be lawful to and for the Trustees hereby named and such future Trustees to be appointed as aforesaid and every or any of them their and every or any of their Heirs Executors administrators and assigns by and out of the monies which shall come to his her or their hands by virtue of the Trusts aforesaid to deduct retain and reimburse for himself herself and themselves respectively and also to allow to his her or their Co trustee or Co trustees all costs charges and Expences and fees to Counsel for advice which they or any of them shall or may sustain disburse or be put unto in or about the execution of the aforesaid trusts or in relation thereto
And I appoint my wife the said Sarah Wilford and the said Thomas Black William Hall and Richard Healy and the Survivors and Survivor of them Guardians and Guardian of my said son John during his minority And I appoint the said Thomas Black William Hall and Richard Healy joint Executors of this my Will hereby revoking all former Wills by me made
In Witness whereof I the said Thomas Wilford the Testator have to this my last Will and Testament contained on six sheets of Paper set my hand and seal (that is to say) to the five first sheets hereof my hand and to this sixth and last sheet my hand and seal the thirty first day of August in the year of our Lord one thousand eight hundred and eleven
Thos Wilford
Signed sealed published and declared by the said Thomas Wilford the Testator as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have subscribed our names as Witnesses thereto
Saml Woolley Melton Mowbray
John Vincent Stathern
Chas Latham Melton Mowbray
19th June 1817
Let a probat be made to Thomas Black of Melton Mowbray Grazier and William Hall of the same place Liquor Merchant Richard Healey heretofore of Wymondham in the County of Leicester but now of Laughton in the County of Lincoln Grazier the joint Executors named in the will of the deceased who died in the month of July last
They the said Thomas Black and William Hall being first duly sworn as well to the faithful Execution of the will as that the Testators Goods Chattels and Credits as they were at his death without deducting any Debts owing by him therefrom do not amount in value to the sum of One thousand Pounds
Before me William Greenwood Surrogate to the Commissary
Same day probat passed the seal
Wm Harrison Depy Regr