The Will of Thomas Roadley Wale 1858

Date: 1856 to 1859
Location: Shepshed, Leicestershire, England

The Will of Thomas Roadley Wale written on 3 January 1856 in Shepshed, Leicestershire, and proved on 20 January 1859. Date of death 12 August 1858.^[1]

Beneficiaries in Will:

• Wife (unnamed)
• James Wale (son)
• George Henry Wale (son)
• Frederick Wale (son)
• William Wale (brother, farmer)
• Samuel Chapman Wale (brother in law, baker)

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This is the last Will and Testament of me Thomas Roadley Wale of
Sheepshead in the County of Leicester Miller First I direct all my
just debts funeral expenses and the expense of proving this my
Will to be paid by my Executors hereinafter named as soon as
conveniently may be after my decease I give and devise Unto
my son James All that Messuage or Tenement and Windmill
with the appurtenances thereto belonging situate and being in
Sheepshead aforesaid And also all that my Close of Land adjoining
containing one acre and a half or thereabouts and now in my own
occupation To hold to him my said son James his Heirs and
Assigns for ever Also I give and devise unto my two sons George
Henry and Frederick All that my Close of Land situate in the
parish of Sheepshead aforesaid and adjoining M^r Lamberts
Brickyard containing one acre or thereabouts and now in my
own occupation To hold to them my said sons George Henry and
Frederick their Heirs and Assigns for ever as Tenants in
Common and not as joint Tenants And I give devise and
bequeath unto my Brother William Wale of Sheepshead aforesaid
Farmer and my brother in Law Samuel Chapman Wale of Barrow
upon Soar in the said County of Leicester Baker All and every
the rest residue and remainder of my Real Estate whatsoever
and wheresoever and also all and singular my personal
Estate whatsoever or wheresoever that I may be seized
possessed of or entitled to at the time of my decease To hold the
same to them the said William Wale and Samuel Chapman
Wale their Heirs Executors Administrators and Assigns according
to the nature and tenure of such Estates respectively Upon the
Trusts nevertheless hereinafter expressed and declared (that is
to say) Upon Trust that they my said Trustees or the survivor of

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them his Heirs Executors or Administrators do and shall as soon
as conveniently may be after my decease sell and dispose of
all such parts of my said personal Estate as shall be in their
nature saleable and collect and get in all debts and sums of
money that may be due and owing to me at the time of my
decease and after payment thereout of all my just debts funeral
and testamentary expenses as aforesaid do and shall pay to
my Wife the Legacy or sum of Ten pounds within three months
next after my decease and after payment thereof do and shall
divide [Thomas Roadley Wale] the residue of my said
personal Estate unto and equally between and amongst my
three Sons James, George Henry, and Frederick share and share
alike on their severally attaining the age of Twenty one years
the Interest thereof being applied for their benefit during minority
And as for and concerning all that my Close of Land
containing Two Acres and one rood or thereabouts situate and
being in Sheepshead aforesaid and near to the Watermill and
now in my own occupation Upon Trust to pay the rents and
profits thereof unto my said Wife for and during the term of her
natural life if she shall so long continue my Widow or permit
and suffer her to receive the same at their discretion And from
and after her decease or second marriage whichever shall
first happen I give and devise my said last mentioned Close
unto my said two sons George Henry and Frederick To hold to them
their Heirs and assigns for ever as Tenants in Common and
not as joint Tenants And as for and concerning all the rest
and residue of my said Real Estate I do hereby give and devise
the same Unto my said two sons George Henry and Frederick
To hold to them their Heirs and Assigns for ever as Tenants in
Common and not as joint Tenants And I do hereby direct and
it is my mind and Will that the rents and profits arising from
my said Real Estate hereinbefore devised to my said Sons
shall be paid and applied by my said Trustees for the benefit
of my said Sons respectively during their respective minorities
Provided always and I do hereby Will and declare that my
said Trustees shall and may out of the monies which shall

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come to their respective hands by virtue of the trusts of this
my Will retain to and reimburse himself and themselves
respectively all loss costs damages and expences which they
may respectively sustain expend or be put unto in or about the
execution of the trusts of this my Will And that they my said
Trustees shall be chargeable only for so much money as they
or he shall actually receive by virtue of the Trusts of this my
Will And that one of them shall not be answerable or accountable
for the other of them but each for his own acts receipts and
defaults only And that they shall not be answerable or
accountable for any loss which may happen to the said trust
monies in consequence of the failure of any Banker or Bankers
or other person in whose hands any part of the said trust
monies shall be deposited or lodged for safe custody or
otherwise nor for any misfortune loss or damage unless
the same shall happen by or through their or his [Thomas]
[Roadley Wale] own wilful neglect or default respectively I
give and devise all Hereditaments and Estates vested in me as
Trustee or Mortgagee unto the said William Wale and Samuel
Chapman Wale To hold to them their Heirs and Assigns according
to the nature and tenure of such Estates respectively subject
nevertheless to the trusts and equities of redemption affecting
the same Hereditaments and Estates respectively And lastly I
do hereby nominate constitute and appoint the said William
Wale and Samuel Chapman Wale joint Executors of this my
Will and do hereby revoke all former and other Wills by me made
In Witness whereof I have to this my last Will and Testament
contained on three sheets of paper set my hand and seal (that
is to say) my hand to the first two sheets thereof and my hand
and seal to this third and last sheet thereof this Third day
of January One thousand eight hundred and fifty six
Thomas Roadley Wale LS Signed Sealed published
and declared by the said Thomas Roadley Wale as and for his
last Will and Testament in the presence of us who in his
presence at his request and in the presence of each other all
being present at the same time have hereunto subscribed our

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names as witnesses the erazure in the thirty second line and
obliteration in the last line of the first sheet the two obliterations
and interlineation in the sixteenth line of the second sheet and
the interlineation of the word "six" in the last line of the third
sheet of this Will being all first made - Henry Toone Solicitor
Loughborough - W H Toone
Proved 20^th January 1859 by the Oaths of William Wale
Brother of the deceased and Samuel Chapman Wale
the Executors to whom was granted execution
Sworn under £300 and that the testator died on or
about the 12^th day of August 1858

Notes

The obliterations and interlineations mentioned at the close of the Will do not appear in the copy of the original, and I believe the appearance of [Thomas Roadley Wale] in the middle of two pages is due to a change of line/page breaks in the copy of the original.

Sources

1. ↑ Probate: "Leicestershire Wills And Probate Records, 1500-1939"
   Archive: Record Office for Leicestershire, Leicester & Rutland; Reference: DE462/2
   FindMyPast Image - FindMyPast Transcription (accessed 24 July 2022)
   Thomas Roadley Wale probate in 1859 in Sheepshed. Died 12 Aug 1858 in Sheepshed. Occupation: Miller.