Thomas Tyler of Holwell 1831 Will

Leicestershire, Leicester and Rutland Archives PR/T/1831/181

This is the last Will and Testament of me Thomas Tyler of Holwell in the County of Leicester Yeoman

I direct all my debts funeral and Testamentary expences to be fully paid out of my personal Estate

I Give and Devise All my Messuage or Dwelling House and homestead adjoining called “Old Ben’s Cottage” situate in Holwell aforesaid And also All that Close or ground inclosed situate in the lordship of Wartnaby in the said County called Wartnaby Woulds containing 3½  acres with their appurtenances unto my son John Tyler and his assigns for his life And after his decease Then I Give the said Messuage or Dwelling House and homestead and hereditaments in Holwell aforesaid unto my Grandson John Tyler his heirs and assigns for ever

But in case my said Son John Tyler shall fulfil his present intention of emigrating to America and take also with him his son the said John Tyler Then and in such case and immediately upon their leaving this County I hereby Revoke and make void the said Devise And do hereby Give and Devise the said Messuage or Dwelling house homestead and hereditaments unto my Grandson Thomas Williamson his heirs and assigns for ever

And as to the said Close called Wartnaby Woulds after the decease or emigration of my said Son John Tyler I Give and Devise the same unto my Three Grand children William Sarah and Elizabeth Tyler their heirs and assigns for ever as tenants in common and not as joint tenants

And my will expressly is that the Title deeds to my said Estate shall immediately after my decease be placed in the possession of my Trustees for safe Custody for the benefit of such persons who shall become entitled to my Estates after the death or emigration of my said Son as aforesaid

I Give unto my daughters Ann Cooke and Elizabeth Barrett Eighty pounds apiece to be paid to them at the end of Twelve months after my decease

And Whereas my Son in Law John Williamson hath in his possession the sum of Twenty pounds secured upon his note of Hand now I do hereby direct my said Trustees to continue the same upon such Security and with the Interest arising therefrom to pay the same unto my granddaughter Martha Tyler during her life And after her decease I Give the said Sum of Twenty pounds equally unto and between my Granddaughters Mary and Cordelia Williamson when they attain the Age of Twenty one years but in case either of them die under age Then her share to go to the Survivor But in case both shall die under age as aforesaid Then I Give the same unto my Granddaughter Sarah Williamson for her own use

I Give unto my two Granddaughters Sarah and Ann Tyler (two of the children of my late Son William Tyler) the Sum of Nineteen pounds and nineteen shillings apeice to be paid to them when and as they attain the Age of Twenty one years And in case either of them die under age then her share to go to the Survivor

I Give to my said Granddaughter Sarah Williamson the sum of Nineteen pounds and nineteen shillings to be paid to her at the age of Twenty one years the interest in the mean time to go for her benefit Also a Set of Drawers in the Chamber my 8 day Clock The bedstead and bedding where her father and mother sleep, Great Dining Table, Tea Table, and all my Pewter

I Give to my daughter Sarah Williamson One pound

And should it happen that my personal Estate shall be insufficient to answer in full the payment of the said legacies Then I impower my Trustees Samuel Wells of Abb Kettleby Farmer and Charles Mitchel of Scalford Miller and Survivor of them his Executors and administrators to Raise by way of Mortgage upon the said Close called Wartnaby Woulds such a sum of money as may be wanting to make up any deficiency and which I hereby charge accordingly And do declare that the Receipt or Receipts of my said Trustees or the Survivor of them shall be good and sufficient discharge and discharges to the person or person advancing the Same who shall not be answerable for the misapplication or non application thereof

I Give all the Residue of my Household Furniture (except the Parlour bedstead and bedding thereon which I Give to my said Son John Tyler) unto my said Grand daughter Sarah Williamson for her own use

And do hereby appoint the said Samuel Wells and Charles Mitchill Guardians of my said Grand children during their minority and also joint Executors In Trust of this my last Will and Testament hereby Revoking all former Wills by me made

And my Will lastly is that my said Trustees shall be at liberty out of the said Trust monies to retain all necessary expences they may be at or put to in executing the said Trusts and that neither of them shall be answerable for any thing except his own wilful neglect or default

In Witness whereof I have hereunto set my hand and Seal this Ninth day of November 1830

                                                                                                                The mark and Seal of Thomas Tyler

Signed sealed published and declared by the said Testator Thomas Tyler 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

John Watts

George Brown

Wm Clark

27 October 1831 probate to Samuel Wells farmer of Ab Kettleby and Charles Mitchel miller and baker of Scalford.  Thomas Tyler died at Holwell 22 December 1830.  Personal estate under £300.