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Will of Daniel Freeth

Privacy Level: Open (White)
Date: 26 Jan 1838 to 12 Aug 1841
Location: Nottingham, Nottinghamshire, Englandmap
Surname/tag: Freeth
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This is the last will and testament of me Daniel Freeth of Standard Hill within the precincts of the Castle and in the county of Nottingham.

I give and devise all those my two messuages or dwellinghouses situate on Standard Hill aforesaid with all the outbuildings yards gardens and premises purchased by my late brother Samuel Freeth of the late Mr Barker Bott to the use and in manner following that is to say to the use of my two friends Frederick Robinson and Francis Ward Esquires their executors admons and assigns for and during the term of one hundred years to be completed from the day of my decease without impeachment of waste except pulling down buildings and not rebuilding the same Nevertheless upon the trusts and subject to the proviso herein declared and contained concerning the same.

And from and after the expiration or sooner determination of the said term and in the [ ] subject thereto and to the trusts thereof to the use of my son George Freeth his heirs and assigns for ever.

And I do hereby declare that the said two messuages or dwellinghouses with all the outbuildings yards gardens heredits and premises herein before limited or devised to the use of the said Frederick Robinson and Francis Ward or the survivor of them or the executors admons and assigns of such survivor do and shall permit and suffer my three daughters Sarah Freeth, Mary Ann Freeth and Ellen Freeth and the survivor of them to hold use occupy and enjoy the same as and for a residence or residence during such time as they shall respectively continue single and unmarried paying and discharging the rates taxes and other outgoings payable for or in respect of the same two messuages or dwellinghouses outbuildings yards gardens heredits and appurts and keeping the same in good and tenantable repair and condition (damage by fire excepted) but with full power for the said Sarah Freeth, Mary Ann Freeth and Ellen Freeth or such of them as shall continue being [be] single and unmarried to make any alterations in the said two messuages or dwelling houses outbuildings yards gardens heredits and appurts which they or she shall think fit or do and shall in case the said Sarah Freeth, Mary Ann Freeth and Ellen Freeth or such of them as shall for the time being be single and unmarried shall so order and direct by any writing under their or her hand or hands let or devise the said two messuages or dwelling houses outbuildings yards gardens heredits and appurts or any of them or any part thereof to any person or persons either as tenant or tenants from year to year or for a longer period not exceeding the period of the single life of the daughters or daughter by whose direction such letting or devise shall be made at such rent or rents and upon such terms as such last mentioned daughters or daughter shall think proper and so and shall receive and take the rent or rents which shall be payable for the premises which shall be so let or devised as the same shall respectively become due and pay the same unto such of my said daughters as shall for the time being be single and unmarried if more than one in equal proportions provided aforesaid.

I do hereby declare that immediately after the decease or marriage of my said three daughters the said term of one hundred years shall cease determine and be void. I give and bequeath all the household goods and furniture plate linen china glass and books which shall be in or about my dwellinghouse at the time of my decease and also my carriages (and carriage horses with the harness if any) and all other things thereunto belonging unto the said Frederick Robinson and Francis Ward and the survivor of them and the executors admons and assigns of such survivor do and shall permit and suffer the said Sarah Freeth, Mary Freeth and Ellen Freeth or such of them as shall for the time being continue single and unmarried and reside in the said two dwelling houses or either of them to use possess and enjoy the same as and for their or her own absolute property and with full power for them or her to sell and dispose of the same for their or her own benefit as they or she in their or her lifetime think fit but I direct that no part thereof shall be sold or dispose of without the consent of all my said daughters who shall for the time being be entitled to the use of the same. And that none of my said daughters shall be at liberty to dispose of the same of any part thereof by will. And from and immediately after the decease or marriage of all my said daughters the said household goods and furniture plate linen china glass and books carriages and carriage horses so given and bequeathed to the said Frederick Robinson and Francis Ward their executors admons and assigns as aforesaid or so much or such parts thereof as shall not be previously sold or disposed of wasted consumed or destroyed shall remain and be in trust for my son George Freeth his executors admons and assigns.

I give and bequeath to my said daughter Sarah Freeth a legacy of ten thousand pounds of lawful money of Great Britain. And also one fourth part of the principal monies with the dividends thereon that may be due and owing to me from the stocks or funds of the government of France at the time of my decease.

I give and bequeath the like two legacies to my daughter Mary Ann Freeth.

I give and bequeath the like two legacies to my daughter Ellen Freeth.

I give and devise my real estate at South Clifton in the county of Nottingham which I purchased of Mr Ffortmery’s trustees and also the small croft opposite which I purchased of George Wiggit with all the heredits and appurts appertaining to each to my daughter Elizabeth Freeth her heirs and assigns for ever. And also all the right title and interest which I have in the two Marsh Gates in South Clifton aforesaid which were bought by the late Mrs Hindson and intended by her to devolve to my said daughter Elizabeth Freeth.

I give and bequeath to my said daughter Elizabeth Freeth a legacy of ten thousand pounds of lawful money of Great Britain and also the remaining fourth part of the principal monies with the dividends thereof that may be due and owing to me from the stock or funds of the government of France at the time of my decease. And I do hereby declare it to by my will that the said four legacies of ten thousand pounds each are to be considered as due and chargeable with the payment of lawful interest thereon from the day of my death.

And I command to my executor that he shall pay the same or as near as circumstances will admit out of such mortgages as I may happen to die possessed of if sufficient by transferring to each of my said daughters such securities as will amount to their respective legacies as near as may be and as equal as he can judge for eligibility.

I give and devise to my son George Freeth and to my said four daughters their respective heirs and assigns for ever to take as tenants in common and not as joint tenants all those four closes of land which I purchased of the trustees of the late Mr Hiffington situate at North Clifton in the said county with their rights and appurts and now in the tenure of widow Lowndes.

I give and bequeath all the rest residue and remainder of my estates whether real or personal of what nature or kind so ever and where so ever save and except such estates as are vested in me by way of mortgage to my son George Freeth his heirs executors admons and assigns but it is my mind and will that the personal part of my estate so bequeathed to my said son be chargeable with the payment of all my just debts funeral expenses and the expenses of proving this my will and also the legacy duty to which my said daughters legacies will be liable.

And I do hereby constitute and appoint my said son George Freeth sole executor of this my will.

In witness whereof I have to this my last will and testament contained in this and the three proceeding sheets set my hand and seal that is to say my hand at the bottom of each of the proceeding sheets and my hand and seal to this last sheet this twenty sixth [day] of January one thousand eight hundred and thirty eight

Daniel Freeth

Signed sealed published and declared by the testator Daniel Freeth as and for his last will and testament in the presence of us who at his request and in the presence of each other have hereunto subscribed our names as witnesses

William Harold Burnside
John Elliot Burnside
William Burnside


In the prerogative court of Canterbury

In the goods of Daniel Freeth Esquire deceased appeared personally William Stanford Burnside of Aspley Hall in the county of Nottingham Esquire and made oath that he is one of the subscribed witnesses to the last will and testament of Daniel Freeth late of Standard Hill within the precincts of Nottingham Castle in the county of Nottingham esquire deceased bearing date the twenty sixth day of January one thousand with hundred and thirty eight now hereunto annexed And he further made oath that on the twenty sixth day of January aforesaid the said testator duly executed his said will by signing his name at the foot or end thereof in the presence of this deponent and of John Elliot Burnside and William Burnside the other subscribed witnesses thereto all of whom were present at the same time and this deponent and the said John Elliot Burnside and William Burnside thereupon attested and subscribed the said will in the presence of the said testator.

Wm Stanford Burnside.

On the 3rd day of August 1841 the said William Stanford Burnside was duly sworn to the truth of this affidavit in virtue of the annexed requisition before me

R W Almond M A Surrogate

Proved at London 12th Aug 1841 before the worshipful John Danberry Doctor of Laws and Surrogate by the oath of George Freeth Esq the sole executor to whom admon was granted having been first sworn duly to administer.





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