William Hilton of Stathern 1856 Will
Leicestershire, Leicester and Rutland Archives PR/T/1856/99
This is the last Will and Testament of me William Hilton of Stathern in the County of Leicester Farmer
I give and devise all my undivided Share of ands in my Closes Lands and Hereditaments situate at Stathern aforesaid and all other the real Estate of which I shall die possess unto my Wife Mary Ann Hilton her heirs and assigns for ever
And subject to the Payment of my Debts Funeral and Testamentary Expences and the Legacies I shall hereinafter bequeath I give and bequeath all my Money Securities for money household furniture Farming Stock and all other my personal Estate and effects unto my said Wife absolutely and I appoint my said Wife sole executrix of this my last Will and Testament
I give and bequeath to my Wife’s Sister Hannah Musson a Legacy of One hundred Pounds and to William Shipman Dunsmore of Harby a Legacy of One hundred Pounds both Legacies to be paid at the expiration of Twelve Months from my death
I declare that the above Will is only to take effect in the event of my dying without leaving a child or there being none born in due time after my death and in case I should die leaving a Child or Children or one should be born in due time after my death I revoke all the devise and bequests contained in the above Will and devise and bequeath as follows
I give and devise all my said Share in the said real Estate and all my said personal Estate and effects unto my father in law William Musson & to my friends William Shipman of Harby and Thomas Lamin of Harby and to their heirs and assigns Upon the Trusts following that is to say
Upon Trust to pay my Debts Funeral & testamentary Expences and to carry on my farming business with the assistance of my Wife for the maintenance & support of my said Wife and for the maintenance and support and bringing up of any Child or Children of mine hereafter to be born in the best manner and according to the discretion of my said Trustees or the survivors or Survivor of them until my youngest Child shall attain the age of twenty one years and on he or she attaining that age I give and devise all my said real Estate & part or share thereof to my said Wife and my said Child or Children in equal Shares and to their heirs and assigns for ever to hold as tenants in common and not as joint tenants and I direct my said personal Estate to be equally divided between my Wife and my Child or Children in equal Shares
And I expressly direct that my said Trustees shall not be answerable for any loss or diminution of my property in consequence of this carrying on my said Farm
And I appoint my said father in law William Musson and Wm Shipman and Thomas Lamin Executors of this my Will in the event of there being a Child
Provided always and I further direct that in case I have a Child or Children as aforesaid and none of them shall attain the age of 21 years then I direct that on the death of the surviving or only child all the devises and bequests contained in the first part of this my Will shall be revived and stand as if the second devise and bequest had never been made
In Witness whereof I the said William Hilton the Testator have hereunto set my hand this nineteenth day of November one thousand eight hundred and fifty five
William Hilton
Signed published and declared by the said William Hilton 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 hereunto subscribed our Names as Witnesses
Wm Musson
Wm Latham, Solr Melton
Redmile 20th March 1856
Mary Ann Hilton of Stathern in the County of Leicester Widow the sole executrix in this will named was duly sworn to the truth & faithful performance thereof as usual & that the goods chattels & credits of the deceased do not amount in value to the sum of three thousand pounds & that the deceased died on the first day of December last past
Before me John Healy, Surrogate to the Commissary
In the Court of the Commissary of the Archdeacon of Leicester
Appeared personally Mary Ann Hilton of Stathern in the County of Leicester Widow and made oath that she is the Widow of William Hilton late of Stathern aforesaid Farmer deceased who died on the first day of December last past and the sole Executrix named in his last Will and Testament bearing date the nineteenth day of November one thousand eight hundred and fifty five in the event of his dying without leaving a child of there being one born in due time after his death And she further made Oath that the said Testator William Hilton left no child and that she the Deponent is not now pregnant with a child
Mary Ann Hilton
On the 1st day of May 1856 the said Mary Ann Hilton was duly sworn at Redmile in the County and Archdeaconry of Leicester to the truth of the aforegoing Affidavit
Before me John Healy Surrogate to the Commissary
23rd August 1856
Original will and special Affidavit of Mary Ann Hilton exhibited before the Reverend John Wing Clerk Master of Arts and Surrogate and Probate decreed to pass seal to the said Mary Ann Hilton the Executrix in the presence of
Geo H Nevinson Not Pub Registrar
Probate dated 23rd August 1856 and signed by us
Geo H Nevinson )
Thos Nevinson ) Registrars