The Will of Edward Wale 1849

Date: 1843 to 1849
Location: Shepshed, Leicestershire, England

The Will of Edward Wale of Shepshed, Leicestershire, Baker written on 27 April 1843, passed probate on 24 August 1849. Died 30 November 1846.^[1]

Spelling, punctuation and line breaks are as per the register copy. ff is rendered as F. Abbreviations are expanded and additions noted in [square brackets]. Paragraph breaks (where added) and bold text for names are my own for ease of reading.

Beneficiaries of the Will:

• Thomas Roadley Wale (son)
• Elizabeth Brookes Wale (niece)
• Ann Wale wife of Daniel Banks (daughter)
• John Wale (son)
• Mary Wale wife of George Whatton (daughter)
• William Wale (son)
• Elizabeth Wale Wife of the said Samuel Wale (daughter)
• Samuel Chapman Wale (son in law)

---

This is the last Will and Testament of me
Edward Wale of Sheepshead in the County of Leicester
Baker I bequeath unto my son Thomas Roadley Wale
a legacy of Ten pounds to be paid to him within
Twelve months after the decease ^^{of my niece hereinafter mentioned} I devise and bequeath
the Leasehold Tenements ^^{and hereditaments} to which I shall be entitled
at my decease whether held for lives or years absolute
determina[?] unto ^^{unto my niece Elizabeth Brookes Wale and her assigns for her natural life and subject thereto I devise unto} the said Thomas Roadley Wale and
Samuel Wale of Barrow upon Soar in the said County of Leicester
Baker and the survivor of them his Executors administrators
or assigns Upon Trust out of the rents and profits thereof
or by selling the Same or raising money on Mortgage
thereof to pay the rents and perform the covenants subject
to which the same tenements ^^{and hereditaments} are respectively held
and subject thereto Upon Trust to pay and divide the
rents and profits thereof yearly or otherwise and also the
money to arise from such Sale or Mortgage as aforesaid
between my following Sons and Daughters (namely)
The said Thomas Roadley Wale - Ann Wife of Daniel
Banks John Wale Mary wife of George Whatton -
William Wale and Elizabeth Wife of the said Samuel Wale
equally share and share alike absolutely to take as
tenants in common And in case of the Death of one
or more of my said Sons and Daughters (without
leaving lawful issue him or her surviving) then as
to the share or shares of him her or them so dying
issueless to go to and be equally divided between or
[amo]ngst the survivor or survivors of them my
[torn off] [dau?]ghters share and share alike absolutely -
[torn off] [?] that the share and shares of my said
[torn off] [?es] shall be received and enjoyed by the as
[torn off] [?nd] her sole and separate property free from the

[Page 2]
control debts or engagements of any Husbands they
or either of them now have or hereafter may happen to
marry and their separate receipt alone to be a sufficient
discharge and discharges for the same respectively I
devise all real Estates which shall at my decease be
vested in me as trustee or Mortgagee to my said
Trustees (subject to the Equities affecting the same respectively
I empower the Trustees or trustee for the time being of my will
to give receipts for all monies and effects to be paid or delivered to each
Trustees or trustee by virtue of my will and declare that such
receipts shall Exonerate Purchasers Mortgagees and others
taking the same from all liability to see to the application or
disposition of the monies or effects therein mentioned.
And I exempt every trustee of my will from liability for
losses accruing without his own wilful default and authorize
him to retain and allow to his Cotrustees all expenses incidental
to the Trusteeship I appoint the said Thomas Roadley Wale
and Samuel Wale Executors of this my Will - Lastly
I revoke all other wills In Witness whereof I have
hereunto set my hand this twenty seventh day of April
one thousand eight hundred and forty three ./.
[After note] Wm Wale Ann Banks
Mary Whatton to receive
my in come yearly the [torn off]
at my death & if E B [torn off]
should [revive?] me to [torn off]
[Signed] Edward Wale
What she has from i[torn off]
Her death share [torn off]
half yearly

Signed by the said Testator
as and for his last will and testament
in the presence of us present at the
same time who in his presence at
his request and in the presence of
each other have hereunto
subscribed our names as Witnesses
Alfred Hucknall Joh Hayhbro?
Henry Lomas his ?

[Page 3]
3^rd May ^^{5th July} 1849. Let a Probate be made to Thomas Roadley
Wale of Shepshead in the County of Leicester Miller, and
Samuel Chapman Wale (in the Will called Samuel Wale)
of Barrow upon Soar in the said County Baker the Executors
named in the Will of the deceased
They having been first duly sworn to the trust care
faithful performance of the Will as usual and to
to the truth of the usual affadavit for the Stamp
Office that the Testators Goods Chattels and Credits
without deducting any thing on account of debts
owing [?] do not amount in value to the
sum of three hundred pounds and that
the deceased died? on the thirtieth day of November
last
Before me Jho? Stevenson
Surrogate to the Commissary

On the 24^th day of August 1849
original Will and special
Affadavit of Alfred Hucknall
and Samuel Chapman Wale
exhibited before the Reverend
Jemson? Davis Clerk m a and
Surrogate and Probate ?
to pass Seal to the ? ?
Thomas Roadley Wale and Samuel
Chapman Wale in the presence of
Geo H Newinson
Revd Newinson Registrars
Same Day - Probate dated

[Affadavit Alfred Hucknall]
In the Commisary Court of the Archdeaconry of Leicester
Appeared personally Alfred Hucknall of Loughborough
in the County and Archdeaconry of Leicester Gentleman
and made oath that he is one of the subscribed Witnesses
to the last Will and Testament of Edward Wale late of
Shepshead in the said County and Archdeaconry of Leicester
Baker deceased bearing the date the twenty seventh day of April
which was in the year of our Lord one thousand eight hundred
and forty three now hereunto annexed and marked with the
letter A and he further made Oath that on the twenty seventh
day of April aforesaid the said Testator duly executed his
said last Will by signing his name at the foot or end thereof
in the presence of this Deponent and of Henry Lomas the other
subscribed Witness thereto who were then together present at the same
time with the said deceased and this Deponent and the said
Henry Lomas thereupon attested and subscribed the said Will
in the presence of the said Testator and of each other And the
Deponent having now carefully perused and inspected the same
Will he further made oath that an interlineation of the words
"of my niece hereinafter mentioned" between the fourth and
fifth line from the top of the first side or page of the said
Will - an interlineation of the words "and hereditaments" between
the fifth and sixth lines from the top of the said first side or
page - an interlineation of the words "unto my niece Elizabeth
Brookes Wale and her assigns for her natural life and subject
Hereto I devise and bequeath the same unto" between the
seventh and eighth lines from the top of the said first side or
page and an interlineation of the words "and hereditaments"
between the thirteenth and fourteenth lines from the top of the
said first side or page were all respectively made and done
previous to the execution of the said Will by the said deceased
on the day month and year aforesaid And the Deponents
further made Oath that the writing appearing on the second
side or page of the said Will [?] at the foot or end thereof commencing
with the words "Wm Wale ^^{Ann Banks Mary Whatton} and ending with the ? yearly" has (with the
exception of the signature of the said Edward Wale) been written since
the execution of the said Will by the said deceased And the Deponent lastly made
Oath that the said Will is now (with this exception of its being marked with the letter A
as aforesaid the said writing at the foot or end shall of ^^{(with the exception of the signature of the ? Edward Wale)} and a piece torn from a corner
of the said Will) in the same state and condition as when executed by the said deceased
[Signed] Alfred Hucknall
On the third day of May 1849 the said Alfred
Hucknall was duly sworn at Loughborough aforesaid to the
truth of the aforegoing Affidavit Before me
Jho? Stevenson
Surrogate to the Commissary

[Affadavit Samuel Chapman Wale]
In the Court of the Commissary of the Archdeaconty of Leicester

Appeared personally Sam^l Chapman Wale (in
the Will called Samuel Wale) of Barrow upon Soar
in the County and Archdeaconry of Leicester
Baker & made Oath that the last Will & Testament
of Edward Wale late of Sheepshead in the said County
and Archdeaconry Baker deceased hereunto
annexed & maked with the letter (A) bearing date
the twenty seventh day of April which was in
the year of ^^{our Lord One thousand eight hundred and forty three} came into his possession locked up in a
Bureau belonging to the said deceased on the twenty eighth day of November One thousand eight hundred and forty six being two days
before his death, that the Bureau remained in his
custody locked until ten days after the deceased's
death when it was opened in the presence of
this deponent who then discovered the said Will
and examined it and there was no third side
to it And he further ^^made Oath that he knew and was
intimate with the deceased and [erased]
[erased] that he has frequently seen him write
and ^^{thereby became well} acquainted with the character and
style of his handwriting and believed that the writing
on the second side of the said Will commencing ^^{with the words or names}
"Wm Wale ^^{Ann Banks Mary Whatton"} and ending ^^{with the words} "half yearly" is in the proper
handwriting of the said deceased And the
Deponent lastly made Oath that the said Will is
now (with the exception of its being marked with
the letter (A) as aforesaid) in precisely the same state
plight and condition as when discovered by him
in the Bureau as aforesaid
[Signed] Samuel Chapman Wale
On the third day of
May in the year
of our Lord one thousand
eight hundred and forty nine the
said Sam^l Chapman Wale
was duly sworn at
Loughborough in the County
and Archdeaconry of Leicester
to the truth of the Aforegoing
affidavit/
Before me
Jho? Stevenson Surrogate to the Commissary

Sources

1. ↑ Probate: "Leicestershire Wills And Probate Records, 1500-1939"
   Archive: Record Office for Leicestershire, Leicester & Rutland; Reference: PR/T/1847
   FindMyPast Image - FindMyPast Transcription (accessed 23 July 2022)
   Edward Wale probate in 1849 in Shepshed. Died 30 Nov 1846 in Shepshed. Occupation: Baker.