Sarah Mutton of Market Harborough - her Will - 25 August 1837

Tuesday, 31 January 2017 05:33 PM GMT

Contributed by: Jerry Green

 Sarah was the sister of my 3xG Grandmother. More details of her life can be found here.

 This is the last Will and Testament

of me Sarah Mutton of Market Harborough in the County of Leicester and
spinster I give unto my niece Francis Green of Kingsthorpe and to
her three children William Elizabeth Ann and George the sum of nine-
teen pounds and nineteen shillings apiece and to my nephew Abraham
Walter (who is now in America) the sum of nineteen pounds and nineteen 
shillings and to Jane Walter the sum of ten pounds to be paid her for her seperate use and her 
receipt/ alone notwithstanding coverture to be a [] and to the tewo sons of John Walter
the sum of five pounds apiece all which said legacies I direct to
be paid six months after my decease I give and bequeath unto
my nephew Thomas Cooke and my friend Thomas Bates of
Market Harborough aforesaid their executors and administrators
three several sums of two hundred pounds to be paid or
retained six months after my decease In trust to place out at
interest and invest the same sums in their or his names or names
in or upon the public funds or government or real securities (with
 
power for them and him to alter and vary such securities as often
as may be thought fit) and stand possessed thereof upon the trusts herein
after declared (namely) as? to one sum of two hundred pounds and the funds
and securities upon which the same may be invested upon trust to pay
the interest and dividends thereof unto my sister Elizabeth Mawby or
permit her to receive the same during her life and after her decease upon
trust out of the said sum of two hundred pounds to pay to her two chil-
dren Joseph Mawby and Mary Elms the sum of ten pounds apiece to
whom I give the same respectively And the residue of the said sum
of two hundred pounds shall be In trust for and paid to the said
Thomas Cooke and his sisters Ann and Frances in equal shares as
tenants in common And as to one other sum of two hundred pounds
and the funds and securities upon which the same may be invested
In trust to pay the interest and dividends thereof unto my sister Ann
Bradshaw (wife of Philip Bradshaw) or permit her to receive the same
during her life for her separate use free from the debts or control
of her present or any future husband and her receipts alone shall
be sufficient discharges for the same And after her decease in case her
husband shall survive her In trust to pay the interest and divi-
dends of the said last mentioned sum of two hundred pounds unto
her husband the said Philip Bradshaw or permit him to receive the
same during his life and after his decease the principal of the said
sum of two hundred pounds shall be in trust for and paid to their
three children Philip Bradshaw Mary Robinson and Ann Norton in
equal shares as tenants in common And as to the remaining sum of two
hundred pounds and the securities for the same In trust to pay the inter-
est and dividends thereof unto my sister Mary Cooke or permit her to
receive the same during her life And after her decease the said princi-
pal sum shall be In Trust for and paid to her three children the said
Thomas Cooke Ann and Frances in equal shares as tenants in com-
mon Provided always and I hereby declare my will to be that in case
the said Elizabeth Mawby Ann Bradshaw Philip Bradshaw her husband
and Mary Cooke or any of them shall be attacked by illness and shall
request and in the opinion of my said trustees or trustee for the time
being shall require assistance then it shall be lawful and I hereby
authorise and direct my said trustees to advance and pay to each of
them the said Elizabeth Mawby Ann Bradshaw Philip Bradshaw
and Mary Cooke for their own use respectively out of the said several
sums directed to be invested for their benefit as aforesaid any sum or sums
of money to the amount of thirty pounds apiece and their respectively
receipts for the same or such part thereof as may be paid to
them shall be sufficient discharges for such advances hereinbefore
contained to the contrary thereof notwithstanding And I declare that if my
personal estate shall after paying my debts funeral and testamentary
expenses be insufficient to pay the said legacies in full then a pro-
portionate abatement shall be made out of the said legacies accor-
ding to the respective amounts thereof I give and bequeath all my
linen wearing apparel and all other my personal Estate and Effects
whatsoever not before disposed of after payment of all my just
debts funeral and testamentary expenses and the aforesaid legacies
unto my sister Mary Cooke absolutely for their own use And i hereby
declare that the legacies and bequests in this my will mentioned
shall be vested interests in the legatees respectively immediately
on my decease And in case any of them shall die in my lifetime
leaving lawful issue living at his or her death such issue shall stand
in the place of and take the legacy and bequests the parent would
have been entitled to if living to be divided amongst such issue in
 
equal shares if more than one And I nominate and appoint my said
Sister Mary Cooke and the said Thomas Cooke and Thomas Bates
Executrix and Executors of this my will And I hereby declare that when and
as often as any vacancy shall occur in the office of trustee under this my
will by reason of death (whether in my lifetime or after my decease) a
renunciation incapacity or resignation of any trustee for the time being it shall
be lawful for the surviving or continuing trustee or trustees for the
time being or if there be no such trustee then for the executors or
administrators of the last deceased trustee or if there be no such last
mentioned person then for the renouncing or retiring trustee or
trustees to nominate a new trustee or trustees to supply such vacancy or
vacancies respectively And I hereby declare that my said executors and trus-
tees for the time being shall not be answerable for each other or for involun-
tary losses And that they shall be allowed and may retain all their
costs and expenses incurred in the execution of the trusts hereby in
them reposed And that every person paying money to such execu-
tors and trustees shall be exonerated from all responsibity in respat
of the application thereof In witness whereof I have hereunto set my
hand and seal this twenty fifth day of August one thousand eight
hundred and thirty seven Sarah Mutton Signed sealed published
and declared by the said Sarah Mutton the testatrix as and for her last
will and testament in the presence of us who in her presence at her request
and in the presence of each other have hereunto subscribed our names
as witnesses Hannah Brown (Little Bowden) W Warmaby Junr Solicitor Harbro
 
This is a Codicil to the last will and testament of me
Sarah Mutton of Market Harborough in the County of Leicester a
spinster which will bears date the twenty seventh day of August 1837 whereas
I have by my said will given to Jane Walter the sum of ten pounds
for her seperate use And to the sons of John Walter the sum of
five pounds apiece which legacies are interlined in the first sheet of my
will and which I now confirm And whereas since making my said
will my sister Elizabeth Mawby has departed this life And I hereby
confirm the bequests of ten pounds apiece to her two children Joseph
Mawby and Mary Elms to be paid them six months after my decease
and the remainder of the first sum of two hundred pounds in my said
will mentioned to go between the said Thomas Cooke and his sisters Ann
and Frances in equal shares And whereas Philip Bradshaw the hus-
band of my sister Ann has also departed this life And I have by my said will appoin-
ted Thomas Bates one of the trustees and executors of my said will and
he having removed to a distance I hereby revoke the appointment of
the said Thomas Bates as one of such trustees and executors and the
gifts and bequests to him And it is my will that Samuel Watson Cox of
Market Harborough Jeweller shall be substituted in the place of the said
Thomas Bates as one of the trustees and Executors of my said will And I
direct my said will shall be read and [] as if the name of the
said Samuel Watson Cox had been inserted therein in the place and []
of the name of the said Thomas Bates And I give and devise all estates
which may at my decease be in
vested in me as trustee or mortgagee unto and to the use of the said
Thomas Cooke and Samuel Watson Cox their heirs and assigns upon the
trusts and subject to the [] affecting the same And I confirm my
said will except where the same is hereby revoked or altered In
witness whereof I have hereunto set my hand this twelfth day of July
one thousand eight hundred and forty three - The Mark of Sarah
Mutton Signed and declared by the said Sarah Mutton the testatrix
as and for a codicil to her last will and testament in the presence
 
of us present at the same time who in her presence and in the presence of
each other have hereunto subscribed our names as witnesses - Hartley
Webster of Harborough Saddler - W Warmaby Solicitor Harbro.
 
Due to alterations in this will and codicil and date error in codicil W Warmaby Solicitor had to personally appear at the Prerogative Court of Canterbury to confirm the will had not been changed and that the errors were his.
 
Proved at London with a Codicil 11th October 1843 before the worshipful
John Elliot Pasley Robertson doctor of Laws and Surrogate by
the oaths of Thomas Cooke the nephew one of the Executors named in
the will and Samuel Watson Cox the Executor named in the Codicil to
whom Administration was granted having been first sworn duly to
administer Power reserved of making the like grant to Mary Cooke widow
the sister the other Executor when she shall apply for the same.

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