William Hawley of Ab Kettleby 1811 Will
Leicestershire, Leicester and Rutland Archives PR/T/1811/112
This is the last Will and Testament of me William Hawley of Gaudaloupe in the Parish of Eye Kettleby in the county of Leicester Grazier as follows
First I direct my just Debts funeral and testamentary expences be fully paid
I Give Devise and bequeath unto my dear Wife Mary Hawley and her Assigns for and during the term of her natural life in case she continues my Widow One Annuity or yearly sum of Forty pounds payable half yearly ie the fifth day of April and the tenth day of October in every year the first payment thereof to begin and be made on either of the said days as shall first happen after my decease and I do hereby expressly charge All and every my Real Estate situate and being in the said Lordship of Eye Kettleby with their Appurtenances with the just and true payment thereof And in case the said Annuity or any part thereof be unpaid for twenty days after the same ought to be paid as aforesaid then I Give my said Wife such power of enforcing the same as Landlords have for the enforcing and obtaining payment of rent in arrear But if my said Wife should marry again then I will and direct that she shall only receive for the remainder of her natural life One Annuity or Yearly Sum of Twenty pounds chargeable and payable as aforesaid and with the same power of obtaining and enforcing the same
I Give Devise and bequeath All my Messuages Closes Lands and Hereditaments situate standing lying and being in Eye Kettleby aforesaid or elsewhere in England with their and every of their appurtenances And also all my Personal Estate and Effects unto my Uncle John Moore of Long Clawson in the county of Leicester Gentleman And my friend Hugh Durrance of Melton Mowbray in the county of Leicester Grazier their Heirs Executors Administrators and Assigns for ever Upon trust nevertheless that they my said Trustees and the Survivor of them his Heirs Executors or Administrators shall stand seized and possessed of all my said Real and Personal Estate and Effects and shall after payment of my just Debts apply the rents and profits arising from my said Real and Personal Estate and Effects for and towards the maintenance and support of my said Wife and my Son Robert Hawley (in case my said Wife continues my Widow) until my said Son shall have attained his full age of twenty one years But in case my said Wife should be pregnant at my death and should have issue either Son or Daughter the until such after born child shall attain his or her age of twenty one years
But in case my said Son attains his said Age of twenty one years and my said Wife should not have issue by me born after my death Then I Give Devise and bequeath all my said Real and Personal Estate unto my said Son Robert Hawley his Heirs Executors Administrators and Assigns for ever Provided my said Wife should have issue a Son or Daughter by me begotten born after my death Then upon he or she attaining to his or her age of twenty one years I Give and Devise to such after born Child All those my two Closes called the High Field and …any dyke containing together about ten acres lying in the parish of Eye Kettleby aforesaid with their appurtenances And also one Moiety of my personalty Estate unto such after born Child his or her Heirs Executors Admors and assigns for ever and I do hereby subject and charge the said two Closes so devised with the true payment of one Moiety or full half part of the said Annuity to my said Wife
But in case my said Wife shall have no more Child or Children by me begotten and my said Son Robert Hawley should happen to die without leaving issue lawfully begotten Then I direct my said Trustees and the Survivor of them his Heirs Executors and Administrators to stand seized and possessed of all my said Real and personal Estate and with the Rents issues and profits arising therefrom pay unto my dear Wife Mary Hawley (if she continues my Widow) the yearly Sum of ten pounds in addition to the Annuity of forty pounds above devised to her and with the residue of the said Rents issues and profits thereof pay the same and apply the same towards the maintenance and bringing up of all and every the Child and Children of my two Brothers John and Robert Hawley until the youngest of such Child or Children shall have attained to his or her age or ages of twenty one years and when and so soon as the youngest of such Child or Children shall have attained such age as aforesaid Then I direct my said Trustees or the Survivor of them his Heirs Executors or Administrators to sell and dispose of the same Real and Personal Estate and Effects either by Auction or private contact as they or the Survivor of them or the Heirs Executors or Administrators of such Survivor shall deem most proper and for facilitating such Sale I direct that the receipts of my said trustees or the receipt of the Survivor of them shall be a sufficient discharge or discharges to the purchaser or purchasers thereof and that the purchaser or purchasers shall not be answerable or accountable for the misapplication or non application of any part of the purchase money for which such receipt or receipts shall be given and with the monies arising form such Sale or Sales
I direct my said trustees or the Survivor of them his Heirs Executors or Admors In the first place to secure unto my said Wife Mary Hawley for and during such part of her natural life as she shall continue my Widow the said Annuity of fifty pounds Or in case she shall be married again the Annuity of twenty pounds for the remainder of her natural life
And with the residue of the said purchase monies to pay the same and every part thereof unto all and every the said Children of my said two Brothers John Hawley and Robert Hawley in equal shares and proportions
And Lastly I do hereby nominate and appoint the said John Moore and Hugh Durrance Executors in trust of this my last Will and testament hereby revoking all former Wills by me made
In witness whereof I the said William Hawley the Testator have hereunto set my hand and Seal this twenty first day of November One thousand eight hundred and eleven
The mark of William Hawley
Signed sealed published and declared by the said William Hawley the testator 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
Lucy Watchorn
John Houghton
Thos Clarke
Let probate be granted to John Moore of Long Claxton Leicestershire, Grasier, & to Hugh Durrance of Melton Mowbray Leicestershire, Grasier, the joint Executors of this Will they being sworn to the due Execution of it & make Oath that the whole Personal Estate of The Testator at the time of his death (November 29th 1811) did not amount in value to the Sum of Eight hundred pounds
December 24th 1881
Sworn before me Tho: Ford Surrogate