The will of Richard Wale 1828

Date: 1827 [unknown]
Location: Mountsorrel, Leicestershire, England, United Kingdom

The Will of Richard Wale of Mountsorrel, baker, written 20 January 1827, passed probate on 28 January 1828.^[1][2]

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 in Will:

• Lydia (Shenton) Wale (wife)
• John Wale (son)
• William Wale (son)
• Sarah Wale (daughter) the wife of Robert Pearson Jacques
• Mary Wale (daughter) the wife of John Snelson Shenton
• Anna Wale (daughter) the wife of William Fidler
• Robert Pearson Jacques and John Snelson Shenton (sons in law)
• Rebecca Wale (daughter)

---

This is the last Will and Testament of me Richard
Wale of Mountsorrel in the County of Leicester Baker First I give and bequeath
devise all my real estate whatsoever and wheresoever unto and to the use of my
dear wife Lydia Wale and her assigns for and during the term of her natural life
if she shall so long continue my widow sole and unmarried Nevertheless I do
hereby declare that such Estate so given to my said wife and her assigns as aforesaid
is not given to her or them dispunishable of waste but on the contrary that she
or they respectively shall be punished for any waste committed by her or them
during the Interest therein of my said wife either by pulling down damaging or
destroying or suffering to be pulled down damaged or destroyed any of the Walls
Roofs or Windows of any of my messuages or Tenements or by cutting or felling any
Timber on any of my Closes or Grounds inclosed lands and hereditaments or on
any part thereof respectively except for necessary repairs And from and after the
decease or second marriage of my said wife which shall first happen. Then
I do give and devise my said real estate in such proportions and in manner and form
as hereinafter contained (that is to say) As for and concerning all that my
messuage Cottage or Tenement with the Bakehouse Outbuildings Orchard Garden
Homestead or Backside and all the Appurtenances thereto belonging and now occupied
therewith situate standing and being in the North End of Mountsorrel aforesaid and
which I purchased of John Hardy, Baker and now in the occupation of my son
John Wale And also all that my right of Common and Commonage and all
other the rights whatsoever which I purchased of John Doughty and which
he had in respect of a messuage cottage or tenement standing and being in
Mountsorrel aforesaid formerly occupied by John Brown in over and upon certain
Commonable Lands in Mountsorrel aforesaid called Mountsorrel Hills but not
upon Rothley Plain or Charnwood Forest or either of them I do give and
devise the same unto and to the use of my said son William Wale his heirs
and assigns for ever and as for and concerning all that my other messuage
or tenement with the Yard Garden Orchard and Backside to the same belonging
and b[?] ^^adjoining with the appurtenances situate and being at Mountsorrel aforesaid
al that and thereof which is towards Rothley formerly in the tenure or
occupation of Joseph Gill since of Thomas Gowan And also all that allotment of piece
or parcel of inclosed land or ground adjoining to the Eastwardly side of the said premises
and now or heretofore used as a Garden and which was allotted in right of the same
[?] described premises upon the late Inclosure of the Commons and Waste Lands
within the Parish Liberties or Precints of Rothley aforesaid and which I purchased
together with the lastly described messuage or tenement of Samuel Shenton I do
give and devise the same unto and to the use of my Daughter Sarah the wife of
Robert Pearson Jacques of Mountsorrel aforesaid Needle maker her heirs and assigns
for ever And also for and concerning all that my close or ground inclosed called Hotchpot
Close with the Appurtenances thereto belonging lying in the Lordship of Rothley aforesaid
conatining two acres one rood and twenty perches or thereabouts and which I purchased
of Thomas Kirk and now in my own occupation I do give and devise the same
unto and to the use of my Daughter Mary the wife of John Snelson ^^Shenton of Husbands Bosworth
in the said County Plumber and Glazier her heirs and assigns for ever And as to
for and concerning All that my close or ground inclosed with the appurtenances situate
[lying?] and being in Rothley Plain in the said County and which has been [?] allotted
or is now about to be allotted to me in lieu of common right upon the Common
called Rothley Plain and containing by admeasurement four acres or thereabouts
and now in the occupation of William Cufflin I do give and devise the same unto and
to the use of my Daughter Anna the wife of William Fidler of [blank] her heirs

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heirs and assigns for ever And as to for and concerning all those my two messuages
dwelling houses or tenements with the Yard and Appuretnances thereto belonging situate
and being in a certain place in the South End of Mountsorrel aforesaid called the
Green And also all that my Orchard or Backside and the Appurtenances thereto
belonging adjoining the said lastly described messuages or tenements containing in
lenghth from North to South sixteen feet or thereabouts And in breadth at the
North End twenty nine feet or thereabouts and at the South End fifty one feet or
thereabouts which I purchased together with the lastly described two messuages or
tenements of Samuel Whittle which said lastly described messuages or tenements
and Orchard are now or late were in the occupations of Thomas Smith and
[Blank] Mountney I do give and devise the same unto and to the use of my Daughter
Rebecca Wale her heirs and assigns for ever And as to for and concerning all that my
messuage or dwellinghouse wherin I now dwell with the Outbuildings and garden
thereto belonging situate standing and being in the South End of mountsorrel
aforesaid Also those my two other messuages or tenements adjoinng to the lastly
described messuages or dwellinghouses and now in the several occupations of Thomas
Summerfield and Joseph Noon with the Appurtenances thereto respectively belonging
Also all other my Common right on Mountsorrel Hills aforesaid And also all other
my real estate whatsoever and wheresoever not heretofore disposed of I do give
and devise the same unto and to the use of my son John Wale his heirs and assigns
for ever (subject nevertheless to and charged and chargeable with the payment of
the sum of one hundred pounds to my said son ^^{the said} William Wale his executors adm[inistrat]ors
or assigns the same to be arrested Interest in him immediately on my death and to
be paid to him his executors or administrators within twelve calendar months next
after the decease or second marriage of my said wife which shall first happen
with Interest at the rate of five pounds per cent[?[ per annum from the time of
such decease or second marriage until the time of payment I give and bequeath
to my said John Wale and my said two sons in law Robert Pearson Jacques and
John Snelson Shenton their executors and administrators the sum of three hundred
pounds upon trust that they or the survivors or survivor of them do and shall
share out and invest the same in their or his own names or name upon such
Government or real Security or Securities as they or he shall think proper and from
time to time at discretion alter vary and change such security or securities for others
or other of a like nature And upon trust that they said trustees or the survivors or
survivor of them or the executors or administrators of such survivor do and shall pay
apply and dispose of the dividends interest and produce of the said sum of three hundred
pounds so to be placed out at Interest as aforesaid as the same shall from time to time
be [r?d] unto or for the use and benefit of my said wife Lydia Wale and her assigns
for and during the term of her natural life if she shall so long continue my widow and
from and after her decease or second marriage which shall first happen Upon trust
to pay the sum of one hundred pounds part of the said principal sum of three hundred
pounds unto my said Daughter Mary Shenton for her own absolute use and benefit
and the further sum of one hundred pounds other part thereof unto my said Daughter
Anna Fidler for her own absolute use and benefit And the further sum of one hundred
pounds residue of the said principal sum of three hundred pounds unto my said
Daughter Rebecca Wale for her own absolute use and benefit Next I give and
bequeath all my household goods and Furniture And all the rest residue and
remainder of my Goods Chattels and Effects ready money securities for money stock in trade
and all other my personal Estate and Effects whatsoever and wheresoever (subject to
the paying of all my just debts funeral and Testamentary expenses and the above
mentioned legacy of three hundred pounds) unto my ^^said wife for her own use and benefit
provided always and I do hereby declare that if the said John Wale Robert Pearson
Jacques and John Snelson ^^Shenton or any of them or any other trustee or trustees to be appointed
in their either or any of their stead as hereinafter is mentioned or other respective heirs
executors administrators or assigns shall die or be desirous to be discharged from or [d?]
or become incapable to act in the trusts of this my will it shall be lawful for the
surviving or continuing trustee or trustees for the time being or the heirs executors

[Page 3]
or administrators of the last surviving trustee or any Deed or Deeds in writing
under his and their hand or hands (with the consent and approbation of my said
wife Lydia Wale) to appoint one or more person or persons to act in the room of
the trustee or trustees so dying or desiring to be discharged or declining or becoming
incapable to act as thereinbefore is mentioned And I do hereby further declare
that my said trust estates monies and premises or such part thereof as shall
then remain undisposed of shall be forthwith assigned or conveyed to and vested
in the new trustee or trustees jointly with a surviving or continuing Trustee or
Trustees or solely as occasion may require And that every such new trustee his
heirs executors and administrators shall have the same power and exemptions
as the trustee in whose room he shall be appointed And I do hereby also
declare that none of the trustees appointed or to be appointed as hereinbefore
is mentioned their heirs executors or administrators shall be answerable the
one of them for the other of them or for the signing of receipts for the sake of
conformity or for any involuntary loss of the said trust estates monies and premises
and that it shall be lawful for any such trustee or trustees out of the monies
which shall come to his or their hands respectively to reimburse himself and
themselves and to allow his or their hands respectively to reimburse himself and
Cotrustee or Cotrustees his and their costs and expences in discharging the trusts
hereby reposed in them And lastly I appoint my said wife sole Executrix of this my
^^last Will and Testament And I hereby revoke all former and other wills by me at any
time heretofore made In witness whereof I have to this my last Will and Testament
contained in four sheets of paper set my hand and seal (viz! to each of the three
preceding sheets my hand and to the fourth and last sheet my hand and seal)
^^the twentieth day of January in the year of our Lord one thousand eight hundred
and twenty seven Rich Wale LS Signed sealed published and declared by the said
Richard Wale (the testator) as and for this last will and Testament in the presence
of us who at his request in his presence and in the presence of each other have
subscribed our names as witnesses thereto Jesse Berridge - Nathl Cumberlege
John Marston

Proved at London 28th January 1828 before the Judge by the Oath of Lydia
Wale Widow the Relict the sole Executrix to whom Adm[inistrat]ion was granted being first
sworn by Com[misi]on duly to Adm[iniste]r.

[Right hand margin]
On the 5th August 1840
Adm[inistrati]on with the Will
annexed of the Goods
Chattels and Credits of
Richard Wale late of
Mountsorrell in the County
of Leicester baker dec[eas]ed
left un adm[inistere]d by Lydia Wale
Widow deceased whilst
living the Relict of the said
Deceased and the sole Executrix
and Residuary Legatee named
in the said Will was granted
to John Wale the Son and
Administrator of the Goods
of the said Lydia Wale
deceased having been
first sworn (by Com[missi]on
duly to administer.
The said Executrix died
Intestate.

Sources

1. ↑ Will: "England & Wales, Prerogative Court of Canterbury Wills, 1384-1858"
   The National Archives; Kew, Surrey, England; Records of the Prerogative Court of Canterbury, Series PROB 11; Class: PROB 11; Piece: 1736
   Ancestry Sharing Link - Ancestry uk Record 5111 #439599 (accessed 19 July 2022)
   Will of Richard Wale of Mountsorrel, Leicestershire, England, granted probate on 28 Jan 1828. Died Abt 1828.
2. ↑ Will of Richard Wale, Baker of Mountsorrel Reference: PROB 11/1736/49 Description: Will of Richard Wale, Baker of Mountsorrel , Leicestershire Date: 28 January 1828 Held by: The National Archives, Kew