John Rowbotham of Goadby Marwood 1845 Will

Leicestershire, Leicester and Rutland Archives PR/T/1845/138

This is the last Will and Testament of me John Rowbotham of Goadby Marwood in the county of Leicester Farmer and Grazier

I direct all my just debts funeral and Testamentary expences to be fully paid

I Give Devise and bequeath All my Messuages Cottages Closes Lands Tenements hereditaments and Real Estate whatsoever situate at Long Clawson and Nether Broughton both in the said County of Leicester or elsewhere with their Appurtenances And also all my Personal Estate and Effects whatsoever of which I shall die possessed Unto my two friends John Wade of Thiselton Rutland Farmer and John Hutchins of Waltham on the Woulds Innkeeper their heirs executors administrators and assigns Upon Trust to permit and suffer my affectionate Wife Mary Rowbotham to receive the rents issues and profits of my said Real and Personal Estates from time to time and apply the same for the benefit of herself for and during such part of her natural life as she shall continue my Widow and for the maintenance education and bringing up of my Grandson Thomas Rowbotham until he attains his age of Twenty one years And when he attains such age Then I Give Devise and bequeath All my said Real and Personal Estates and Effects Unto and between my said Wife Mary Rowbotham and my said Grandson Thomas Rowbotham their heirs executors administrators and assigns in equal shares as Tenants in common Provided my said wife continues my widow

And in case my said Grandson shall happen to die Under age unmarried and without issue and my said Wife shall have died or married again Then upon Trust that the said John Wade and John Hutchins or the Survivor of them or the heirs executors or administrators of such Survivor do and shall sell my said Real and Personal Estates and Effects in such manner as they may think proper and with the monies arising from such Sales as aforesaid to pay the same unto and amongst all the Children of my Son William Rowbotham if more than one share and share alike and if but one Then to such only Child his or her Executors or administrators

And I do appoint the said John Wade and John Hutchins Joint Executors In Trust of this my last will and Testament hereby revoking all former Wills by me made

And for facilitating the sale of my said Real Estates and the indemnity of the Purchaser or Purchasers thereof I do declare that the Receipt or Receipts of my said Trustees or the Survivor of them or his heirs shall be good and sufficient discharge or discharges to such Purchasers who shall not be obliged to see to the application of such monies or be answerable for the loss misapplication or non-application thereof

And Lastly I declare that my said Trustees shall be at liberty out of the said Trust monies and premises to retain all necessary expences they may be at or put to in executing the Trusts hereby reposed and that neither of them shall be answerable for any banker broker or other person in whose hand the monies may be invested or for any loss which may happen thereto unless the same happen through his or their wilful neglect or default not one for the other but each for his own wilful acts deeds neglects and defaults only

In witness whereof I have hereto set my hand and Seal this Thirtieth day of July one thousand eight hundred and forty four

                                                                                                                John Rowbotham

Signed sealed published and declared by the said Testator John Rowbotham 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

Sarah Clark

Wm Clark

Melton Mowbray 11 Feby 1845

John Ware of Thiselton in the county of Rutland farmer and grazier and John Hutchins of Waltham on the Wolds in the county of Leicester Inn-keeper the joint executors in this will named were duly sworn to the truth & faithful performance thereof as usual & that the goods chattels & credits of the deceased without deducting any debts owing by him therefrom do not amount in value to the sum of eight hundred pounds (800£) & that the deceased died on the eighth day of September last past

                                                                                                                Before me John Healy Surrogate to the Commissary