William Hickling of Long Clawson 1815 Will

Leicestershire, Leicester and Rutland Archives PR/T/1815/96

This is the Last Will and Testament of me William Hickling of Claxton otherwise Long Clawson in the County of Leicester Grazier

I Give and Devise all my Messuage Closes Lands Tenement and Hereditaments situate and being in Claxton otherwise Long Clawson aforesaid with the appurtenances and all other my real estate whatsoever unto my Brothers-in-law Henry Miles of Stoke Golding in the said County of Leicester Grazier and William Miles of Osgathorpe in the said County of Leicester Grazier and unto Jonathan Ward of Hinckley in the said County Grocer To hold the same unto and to the use of the said Henry Miles William Miles and Jonathan Ward their Heirs and assigns for ever

I Give and bequeath unto the said Henry Miles William Miles and Jonathan Ward all my personal estate and effects of every kind of which I shall die possessed And I expressly Direct and declare that the said Henry Miles William Miles and Jonathan Ward  and the Trustees to be appointed hereafter by virtue of the power I shall insert for that purpose shall stand possessed of my said real and personal estate upon the trusts and for the intents and purpose hereinafter mentioned expressed and declared (that is to say)

In the first place to pay all my debts and funeral and testamentary expences and then raise the sum of One thousand pounds for the purposes hereafter declared and subject as aforesaid to stand possessed of all my said real and personal estate and effects for the benefit of all my Children now born or hereafter to be born share and share alike, the shares of my said Children to vest in them respectively at the age of twenty one years and in case of the death of any of my said Children under the age of twenty one years leaving a child or children such child or children to take the share or shares of his her or their Parent or Parents but in case of the death of any of my children under the age of twenty one years without Issue the share or shares of him her or them so dying to go to the survivor and survivors or my said children And I expressly direct that the shares of my said children shall vest in them respectively as personalty tho’ my real estate may not be converted into money at the time of my said Childrens shares so vesting And I declare that my said trustees shall with the approbation of my wife if living or unmarried and of their own authority if my wife shall be dead or married again apply the rents and profits of my said real and personal estate for the benefit of my family in such way as they shall judge most proper and I expressly declare that my said Trustees shall sell my real estates at any time or times they shall judge most proper and beneficial and that in case they shall judge it expedient to Mortgage my real estate for any of the purposes of this my Will they shall have full power and authority so to do

And as to the said sum of one thousand pounds I direct that the same shall be placed out upon good Security and the Interest thereof paid to my Wife for her life and after her death that the principal or any part thereof shall be paid to or applied for the benefit of all or any of my said Children in such manner as she my said Wife shall at any time or times and from time to time by any deed or deeds or by her last Will and Testament or any codicil or codicils thereto (which deeds will and Codicil she my said Wife shall for this purpose have full power to make notwithstanding her being married) direct or appoint and in default of such direction or appointment and as to such part of the said principal money which she shall not so direct or appoint to stand possessed of the same for the benefit of all my children and to vest in such manner as I have declared concerning the shares of my said Children before provided for them

And I direct that my wife shall receive Interest for the said sum of one thousand pounds from the time of my Death until the principal shall be raised except that so long as my said Wife shall be living with my children and supported from the general profits of my effects she shall not receive such Interest and I declare that the Provision made for my Wife shall be accepted by her in lieu of any dower she may claim out of me real estate Provided and I further direct that my said Trustees for the time being shall from time to time lay out and invest or continue my said personal estate and effects in or upon some of the Government Stocks and funds of Great Britain or in or upon real Securities in England or Wales and shall and may transpose such Stocks funds and Securities either as occasion shall require or shall be deemed proper

Provided also and I further direct that the Person or Persons who shall become the purchaser or purchasers of the whole or any part of my real and personal estates or who shall lend any sum or sums of money upon any Mortgage or Mortgages of my said trust estate or estate or who shall from time to time have all or any part of my personal estate and effects in his her 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 the time being or their Agent or Agents under their direction or be answerable or accountable for the misapplication or nonapplication thereof or be obliged to enquire whether such Mortgage or Mortgages as aforesaid is or are necessary for the respective purposes hereinbefore expressed And that every receipt which shall be given for the said purchase money or other trust monies or any part thereof respectively by the said trustees for the time being or their Agent or Agents or any other Person or Persons to whom the same money shall be paid under their direction shall be an effectual discharge for the sum which thereby shall be acknowledged or expressed to be received and that all and every sale or sales which shall be made and contract and contracts for sale which shall be entered into and conveyance or conveyances which shall be executed by my said Trustees for the time being shall be binding and conclusive on the Person or Persons beneficially interested his her or their executors or administrators

Provided also and I do further declare and direct that in case the said Henry Miles William Miles and Jonathan Ward or any of them or any Trustee or Trustees to be appointed under this present provision in their or any 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 for the acting Trustee or Trustees for the time being under this will to nominate any fit person or persons to supply the place or places 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 estate 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 trustee or trustees jointly with the surviving or continuing Trustees or Trustee or in such new Trustees solely as the same may require and his her or 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 in every respect as if he or she had been appointed a trustee or Trustees by this Will

Provided also and I further declare that the said Trustees hereby appointed and also the Trustee or Trustees to be appointed by virtue of the Provision hereinbefore contained several 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 or accountable for any Banker or Broker or other Person with whom or in whose hands any part of the said 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 defaults respectively and in that case each person alone shall be answerable for such misfortune loss or damage as shall arise from his own neglect or default

Provided also that it shall and may be lawful for the said Trustees hereby appointed and such future Trustee or Trustees to be appointed as aforesaid and every or any of them their and every or any of their Heirs Executors and Administrators by and out of the monies which shall come to his 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 and their Co’trustee and Co’trustees all costs charges and expences and fees to counsel for advice which they or any of them shall or may sustain or be put unto in or about the execution of the aforesaid trusts or in relation thereto

And I declare that my Trustees with the consent of my wife if living and unmarried and of their own authority if my wife shall be dead or married may advance any part of my said childrens portions during their minorities

And I appoint my Wife Sarah Hickling and the said Henry Miles William Miles and Jonathan Ward and the survivors and survivor of them guardians and guardian of my infant children during their respective minorities

And I appoint the said Henry Miles William Miles and Jonathan Ward joint executors of this my Will hereby revoking all former wills by me made

In Witness whereof I the said William Hickling the Testator have to his my last Will and Testament contained on five sheets of Paper set my hand and seal (that is to say) to the four first sheets hereof my hand and to this fifth and last sheet thereof my hand and seal this twenty fifth day of November in the year of our Lord one thousand eight hundred and thirteen

                                                                                                         William Hickling

Signed sealed published and declared by the said William Hickling 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

Chas Latham

Chas Latham Jun

John Law

December 22 1815

Let a Probate be made to Henry Miles of Stoke Golding in the County of Leicester Grazier William Miles of Osgathorpe in the said County of Leicester Grazier and John Ward of Hinckley in the said County Grocer Executors named in the last Will and Testament of William Hickling late of Claxton otherwise Long Clawson in the County and Archdeaconry of Leicester Grazier who died on the eleventh day of May 1815

They being duly Sworn as well to the faithful Execution of the Will as that the Testator’s Goods Chattels and Credits of the said deceased as they were at his death without deducting any debts owing therefrom did not amount in value to the Sum of Four hundred and fifty pounds

                                                                                                         Before me … Browne Surrogate

26 December 1815 probat passed the seal

W Harrison Depy Reg