Ann Fox of Scalford 1822 Will
Leicestershire, Leicester and Rutland Archives, Leicestershire Wills and Probate Record 1822
The are several pencil interlineations and pencil erasures on this will. They look as though they are notes for an updated version of the will, for example “as soon as conveniently may be” has been underlined and “at such time or times as he or they shall think proper (but not exceeding the term of … years therefrom)” has been interlined. This will has been duly executed and there is no evidence that the revised version was ever put into force. The version transcribed below is the will as it originally stood.
This is the last Will & Testament of me Anne Fox of Scalford in the county of Leicester Widow
All and singular my Messuages Tenements Cottages closes Lands Hereditaments and real Estate with the appurtenances whatsoever and wheresoever I Give and devise unto my Friend the Reverend Daniel Wagstaff of Goadby Marwood in the said County Clerk his heirs and Assigns Upon the Trusts nevertheless hereinafter mentioned expressed and declared of and concerning the same (that is to say)
Upon trust that he my said Trustee his heirs or assignes do and shall as soon as conveniently may be after my decease either by public Auction or private contract (whichever shall to him or them be and appear most convenient) sell and dispose of all and singular my said hereditaments and real Estate either together or in parcels for the best price or prices that can or may be reasonably had or gotten for the same and do and shall pay apply and dispose of the monies arising by such sale or sales in such manner as is hereinafter willed and directed
And I do hereby declare that the Receipt or Receipts of my said Trustee his heirs or assigns to any purchaser or purchasers of all or any part of my said real Estate shall be a good effectual and sufficient discharge and discharges to such Purchaser or Purchasers for such and so much of the said Purchase Monies as in and by such receipt or receipts shall be expressed to be received and that after such receipt or receipts given such Purchaser or Purchasers shall not be answerable or accountable for any misapplication or nonapplication of the said purchase monies or any part or parts thereof
And as to for and concerning the Monies to arise from such sale or sales as aforesaid I give and bequeath the same to the said Daniel Wagstaff his executors and administrators Upon trust that he or the do and shall in the first place pay thereout any funeral and testamentary expences and then All and singular the costs charges and expences which have been or hereafter may be made or expended by John Stockdale Hardy of the Borough of Leicester Gentleman in obtaining and recovering for me certain hereditaments and premises with their appurtenances situate at Billesdon in the said County of Leicester and which have descended to me as the heir at law on the part of his Grandmother Elizabeth Davenport (theretofore Elizabeth Fox Spinster) of Thomas Davenport late of Billesdon aforesaid yeoman deceased And after payment and satisfaction thereof Upon Trust that he the said Daniel Wagstaff his executors and administrators do and shall stand possessed of the residue of the said Monies arising from such Sale and disposition as aforesaid Upon trust to pay and equally divide the same amongst my three Children William Fox, John Fox and Hannah Fox and Maria Fox (the daughter of my said daughter Hannah and who now resides with me) share and share alike [there are then three blank lines]
All and singular my personal Estate and Effects whatsoever and wheresoever I Give and bequeath unto the said Daniel Wagstaff Upon trust to divide the same equally amongst the said William Fox, John Fox, Hannah Fox and Maria Fox share and share alike
And I nominate and appoint the said Daniel Wagstaff sole Executor of this my last Will and Testament Provided always and I do hereby declare that no persons named or becoming a Trustee in under or in consequence of this my Will shall be answerable or accountable for more of the aforesaid trust Monies and premises than he or they respectively shall actually receive notwithstanding the joining in or signing any receipt by way of conformity nor otherwise than for his her or their own acts deeds defaults receipts or neglects only nor for any loss damage or misfortune which shall or may happen of or to the said trust monies and premises by failure or defect of any Bank Banker or Security whereon or wherein or with whom the same shall be put placed or deposited for safe custody or by any other means whatsoever so as such loss damage or misfortune happen without his her or their wilful default or neglect
And that it shall be lawful for every such Trustee by and out of the said trust monies and premises to retain to and reimburse himself herself and themselves and to allow and pay to his her or their co-trustee or co-trustees all such loss costs charges damages and expences together with a reasonable allowance for his or their loss of time and trouble and fees to Council for advice as he she they or any of them shall sustain bear pay expend or be put unto or become entitled to in or about the management and execution of the trusts hereby created and reposed or otherwise relative thereto
In Witness whereof I the said Anne Fox the Testatrix have to this my last Will and Testament contained on three sheets of Paper set my hand and seal (that is to say) to the two first sheets thereof my hand only and to this third and last sheet thereof my hand and seal this second day of April in the year of our Lord one thousand eight hundred and twenty two
The Mark of Anne Fox
Signed, Sealed, Published and declared by the said Anne Fox the Testatrix as and for her last Will and Testament in the presence of us who in her presence at her request and in the presence of each other have hereunto set our names as Witnesses
William Greenwood
William Fryer
James Bayfield
Whereas I Anne Fox the Testatrix named in this Will have republished the same with an intent thereby to make void all and every other will and wills at any time heretofore by me made, and to confirm and establish this which I have declared to be my last Will and Testament in the presence of Henry Payne, Mark Snelson, and William Liptrott Chamberlain who I have desired to subscribe their names as Witnesses hereto and In Witness whereof I the said Anne Fox have hereunto subscribed my name and set my Seal this seventh day of November in the year of our Lord one thousand eight hundred and twenty two
The mark of Anne Fox
Signed, Sealed, Published and Declared by the said Ann Fox the Testatrix in the presence of us who at her request and in her presence have subscribed our names as Witnesses to the above republication
Henry Payne
Mark Snelson
Wm L Chamberlain