Robert Allen of Old Dalby 1894 Will
Leicestershire, Leicester and Rutland Archives, DE 462/37 page 221
This is the last Will and Testament of me Robert Allen of Old Dalby in the County of Leicester Gentleman. I revoke all former testamentary dispositions made by me
I appoint my friends Amos Brown of Hucknall Torkard in the County of Nottingham Butcher and Frederick Jallands of Old Dalby aforesaid Shoemaker (who are hereinafter called “my Trustees”) to be the Executors and Trustees of this my Will And I bequeath to each of them on proving my Will a legacy of Ten pounds
I bequeath all my personal estate and effects not hereby otherwise disposed of Unto my Trustees Upon trust that my Trustees shall sell call in and convert the same into money or such part thereof as shall not consist of money and shall out of the moneys produced by such sale calling in and conversion and out of my ready money pay my funeral and testamentary expenses and debts and the legacies hereby bequeathed and shall invest the net residue of the said moneys in or upon any of the stocks funds or securities authorised by law as investments for trust funds with power for my Trustees from time to time at their discretion to vary such investments and shall stand possessed of the said residuary trust moneys and investments upon the trusts hereinafter declared concerning the same
I devise all those my four Messuages or Tenements and premises situate at Hucknall Torkard aforesaid and all other my real estate whatsoever and wheresoever Unto my Trustees Upon trust during the life of my daughter Mary Ann Howard to let and manage the same in such manner as they shall in their absolute discretion think fit and receive the rents and profits thereof and thereout to pay all necessary outgoings for rates taxes repairs and insurance and to stand possessed of the net residue of such rents and profits Upon the trusts hereinafter declared concerning the same And I direct my Trustees out of the income of my residuary personal estate and the investments thereof and the net rents and profits of my real estate to pay the sum of Eight shillings per week to my daughter Mary Ann Howard during her life such allowance to be paid by equal monthly instalments the first of which shall be due at the expiration of six calendar months after my decease and to be for the sole and separate use of my same daughter while she shall be under coverture without power of anticipation
And subject thereto to accumulate at compound interest the surplus (if any) of the said income rents and profits by investing the same and the resulting income thereof in or upon any of the investments hereinbefore authorized with power from time to time at their discretion to vary such investments and on the decease of my said daughter I declare that my Trustees shall sell my said real estate by public auction but not in any other way and shall stand possessed of the net sale moneys thereof and also of my residuary personal estate and investments and also of all accumulations under the trust in that behalf hereinbefore contained (hereinafter called “my residuary estate”)
In trust as to one equal sixth part thereof for my granddaughter Ann Richards absolutely
As to one other equal sixth part thereof for my granddaughter Martha McConnell absolutely
As to one other equal sixth part thereof for my Granddaughter Elizabeth Howard absolutely
As to one other equal sixth part thereof for my Granddaughter Caroline Howard
As to one other equal sixth part thereof for my grandson Herbert Howard and
As to the remaining one equal sixth part thereof In trust for such of the children of my grandson Robert Allen Howard as shall be living at the decease of the survivor of me and my said daughter Mary Ann Howard to be divided between them if more than one as tenants in common in equal shares
Provided always that if any one or more of them the said Ann Richards Martha McConnell Elizabeth Howard Caroline Howard and Herbert Howard shall die in my lifetime or after my decease before the period arrives for the distribution of my residuary estate leaving a child or children who shall survive me and be living at the arrival of such period then and in every such case such last mentioned child or children shall take and if more than one equally between them the share which his her or their parent would have taken of and in my residuary estate if such parent had survived me and been living at the arrival of the period for distribution aforesaid
And I appoint my Trustees to be Trustees of this my Will for the purposes of the Settled Land Acts 1882 and 1890
In Witness whereof I have hereunto set my hand this second day of August 1892
Robert Allen
Signed and Declared by the above named Robert Allen the Testator as and for his last Will and Testament in the presence of us both being present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as Witnesses the word “arrives” in the ninth line from the bottom of the second page having been first erased with a pen.
Alfred Pywell ) Clerks to Messrs Latham & New
William H Julian ) Solicitors, Melton Mowbray
On the nineteenth day of March 1894 Probate of this Will was granted at Leicester to Amos Brown and Frederick Jallands the Executors