Esther Faulkner of Scalford 1723 Will
Leicestershire, Leicester and Rutland Archives, Leicestershire Wills and Probate Records 1723
In the Name of God Amen I Esther Falkener of Scalford in the County of Leicester widow being of Sound & Disposing Mind & Memory praised be God for the same having Revoaked all former Wills by Mee att any tyme heretofore made doe make & ordain this my last Will & testament in Manner & forme following (that is to say)
In the first place I Committ my body to the earth to be Decently Interred att the Discretion of my Executor hereinafter Named & as to the Worldly Estate wherewith it hath pleased god to bestow upon mee I Give & bequeath the same as followeth
Imprimis I Give & bequeath unto my Sister Sarah Marshall of Scalford aforsd widow All that my Messuage or tenement with thappurtences in Scalford aforesd now in the tenure or occupacon of Robert Pallett his undertenants or Assignes And also All those my Several peeces & parcells of Arable land ley Meadow pasture & Grass ground with thappurtences scituate lying & being Dispersedly in the Comon & open feilds libertys precincts & territoryes of Scalford aforsd Conteyning by estimacon & Comonly Reputed to be two yard lands & now in the tenure of occupacon of the said Robert Pallett his Assignee or Assignes And also All that my Cottage or tenement with thappurtences in Scalford aforsd now in the tenure or occupacon of John Smart his Assignee or Assigne And also All that my other Cottage or tenemt with thappurtences in Scalford aforsd Now in the tenure or occupacon of William Brudenell & William Creecall their Assignee or Assigne And also All other my Messuages Cottages & Closes lands tenements & hereditaments with theappurtences in Scalford aforsd or in the feilds & libertys thereof To hold the same premises with thappurtences unto my said Sister Sarah Marshall for & During the terme of her Naturall life & from & Imediately after her Decease I Give & bequeath All the above menconed premises with thappurtences Unto my Grandson William Falkener gent his heirs & Assignes forever Subject nevertheless & lyable to the payment of the Severall Legacys hereinafter menconed
Item I Give unto my granddaughter Catherine Herrenden twenty pounds to be paid within twelve months next after the Decease of my said Sister Sarah Marshall
Item I give unto my Grandsons Lionel Keneline & Everard Sons of my late Son Everard Falkener Deced the Sume of thirty pounds apeece to be paid within twelve months next after the Decease of my said Sister Sarah Marshall
Item I Give unto my Grandaughters Elizabeth Esther & Sarah Daughters of my said late Son Everard Falkener Deced the Sume of tenn pounds apeece to be paid within twelve months next after the Decease of my said Sister Sarah Marshall
Item I Give unto my Daughter Elizabeth Falkener widow of my said late son Everard Falkener Deced the sum of forty shillings per Annum without any Deduction for taxes or otherwise for & During the terme of her naturall life to be paid her in the South porch of the Church of Uppingham in the County of Rutland by my Executor hereinafter named by two equall payments in the year att the feasts of Saint Michael the Archangell & the Annunciation of the Blessed Virgin Mary the first paymt thereof to begin & to be made on such of the said feasts as shall first happen next after the decease of my said Sister Sarah Marshall And my Will & Mind is that in Case my said Daughter Elizabeth Falkener widow shall Marry again that then & in such Case her said Yearly payment of Forty Shillings per Annum shall Cease & be void & shall no longer be paid her
Item I Give & bequeath unto my Grandaughter Magdalen Herrenden the Sume of Six pounds per Annum without any deduction for taxes or otherwise for & During the terme of her naturall life to be paid in the South porch of the Church of Uppingham aforesd by my Executor hereinafter named by two Equall payments in the year att the feasts of Saint Michael the Arch Angell & the Annunciation of the blessed virgin Mary the first payment thereof to begin & to be made on such of the said feasts as shall first happen after the Decease of my said sister Sarah Marshall
And my Mind & Will further is that in Case it shall happen that the beforemenconed yearly payments of forty shillings & six pounds or any other of the Legacys abovemenconed or any part of any of them shall be behind & Unpaid by the Space of forty days next after the Respective days & tymes whereon the Same ought to be paid as aforesd Then I will that it shall & may be lawfull to & for the Respective person or persons to Whome the said yearly paymt or other Legacys above menconed are Reserved as aforesd whose respective paymt or paymts shall be behind & unpaid as aforsd from & after the Decease of my said Sister Sarah Marshall into & Upon the sd lands & premisses hereinbefore given to my said Grandson William Falkener as aforsd to enter & Distreyne for the same & the Distress & Distresses there taken from tyme to tyme to lead Drive Carry away & Impound & the Same in pound to Detain by the Space of five days att the Expiracon of which if there be no Replevin brought nor satisfaccon made in that tyme the same distress & Distresses to appraise & Sell for the satisfaccon & paymt of such of the said Severall & respective yearly payments or other Legacyes aboveMenconed or such part or parts thereof as shall be behind & unpaid as aforsd after the same shall be due & payable as aforsd & the overplus if there be any doe & shall Restore to the person or persons to whome the Inheritance of the said premises shall for the tyme being belong & apperteyne
And my mind & Will further is that in Case my said Grandaughter Magdalen Herrenden had rather Accept of & take the summe of Sixty pounds then the said Annuity of Six pounds per Annum for her life hereinbefore given her as aforsd That then & in such Case I Will & appoint that my Executor hereinafter named doth & shall pay or Cause to be paid unto the said Magdalen Herrenden att the day & tyme on which the first paymt of the Annuity hereinbefore given her becomes due & payable the sum of Sixty pounds in liew & full satisfaccon of the said Annuity hereinbefore given her as aforsd & on Receipt of the said Summe of Sixty pounds That shee the said Magdalen Herrenden doth & shall att the Costs & Charges of my said Executor hereinafter named Seale & Execute such a legall Discharge as my Executor or his Counsell shall Direct in full of all Legacy given her in & by this my Will
All the rest & residue of my Goods & Chattels and personall Estate of What Nature & kind soever not hereinbefore by mee bequeathed I Give & bequeath the same unto my said Grandson William Falkener he paying my Debts legacyes & funerall Exepnces & the Charges of proving of this my Will
And I hereby Make & Constitute my said Grandson William Falkener Sole Executor of this my will
In Witness whereof I have to this my will Contained in three sheets of paper Annexed togeather in the heads thereof to the first & second sheets have sett my hand & to the third sheet have sett my hand & seale this twentyth day of February Anno Dni one thousand seven hundred Twenty & one
Esther Falkener
Signed sealed published & Declared by the above named Esther Falkener the testatrix as & for her last Will & testament in the presence of us whose names are hereunto Subscribed as Witnesses in the presence of the said Testatrix in the presence of
John Smart
William Moulton
John Willford
Probate 14 May 1723