This is the last will and testament of me Margaret Freeth of the town and county of the town of Nottingham widow.
I give and devise all my messuages burgages or dwellinghouses renthouses buildings yards tenements and hereditaments situate and being in or near and on the south side of the Great Market Place and a street called Wheelergate in the town and county of the town of Nottingham aforesaid unto my eldest son Daniel Freeth his heirs and assigns forever.
I give and devise all my closes Lands and Hereditaments situate lying and being (near Bobbers Mile) in the parish of Radford in the county of Nottingham unto my second son John Freeth his heirs and assigns forever.
And I give and devise my messuages farm closes lands tenaments and hereditaments whatsoever at Nedville in the county of Leicester unto my third son Samuel Freeth his heirs and assigns forever.
Provided always and my mind and will further is and I do hereby order and direct that every of my said three sons shall within three calendar moths after my death nominate and appoint an indifferent person conversant with the valuing of houses and lands and that the three indifferent persons so to be nominated and appointed or any two of them shall survey estimate and value the said three several estates and premises hereinbefore devised to my said three sons. And I do hereby further will order and direct that such sum or sums of money shall (within six months after my death) be paid out of my personal estate unto such two of my said three sons whose said estates and premises shall or may be estimated in the way aforesaid at a lesser value or values than the other of my said three sons as will make up the said estates and premises of lesser value equal in value to the estate and premises of greatest value. And I give and bequeath such sum and sums of money to make up such equality and charge my personal estate with the payment thereof accordingly.
I give and devise my messuage farm closes lands tenements and hereditaments situate and being at a place called Ashby Shrubs in the parish of Kirkby Muxloe and in the county of Leicester unto and to the use of my said three sons Daniel Freeth, John Freeth and Samuel Freeth and their heirs (without impeachment for waste other than voluntary waste) upon the trusts and for the ends intents and purposes following that is to say In trust to pay the yearly and other rents issues and profits of the said last mentioned premises unto or apply the same to the use of my daughter Elizabeth Freeth for and during her natural life. And from and immediately after the death of my said daughter whether that happens before or after my decease I absolutely give and devise the said last mentioned premises unto my said three sons Daniel Freeth John Freeth and Samuel Freeth to and for their own absolute use equally to be divided amongst them and to the respective heirs and assigns of my said three sons shall be then living or not it being my will and intention that in case of their or any of their death their respective heirs and assigns should take forever provided always nevertheless that in case my said daughter shall not at any time during her life be inclined and desirous that the said estate at Ashby Shrubs should be absolutely sold and disposed of and shall signify such her desire to my said sons or any of them by any writing signed by her in the presence of one or more reliable witness or witnesses. Then I so hereby order and direct that they my said three sons Daniel Freeth John Freeth and Samuel Freeth or the survivor of them or the heirs of such survivor shall and so forth with and as soon as conveniently may be proceed to sell and dispose of the said last mentioned premises or any part thereof together or in parcels by public auction or private contract for the most money that can be reasonably and bona fide had and gotten for the same. And I do will order and direct that the receipt of receipts to be sworn by my said trustees or the survivor of them or the heirs of such survivor for the purchase monies for the said premises shall be a good and sufficient release and discharge to all intents and purposes to as such purchaser or purchasers shall not be answerable or accountable for the loss misapplication or non application of such purchase monies or any part thereof. Provided further and upon this further trust that they my said trustees or the survivor or survivors of them or the executors or administrators of such survivor shall in case of such sale or sales put and place the net monies arising therefrom ( after deducting expenses) from time to time out at interest together or in parcels on real security or securities. And to pay and apply the yearly interest and dividends thereof unto or to the use of my said daughter Elizabeth for and during her natural life. And from and after her death to pay the principal monies and the interest and dividends thereof unto my said three sons or in case of the death of them or any of them to their respective executors administrators or assigns in such and the same last manner and for as the said real estates and premises so hereinbefore devised in trust as aforesaid are hereinbefore directed to go.
I give and devise my messuage lands tenaments and hereditaments at Bolton in the county of Leicester and my moiety of tenaments and hereditaments at Loughborough in the said county of Leicester and all other my real estates whatsoever and wheresoever (not hereinbefore devised) unto my said three sons Daniel Freeth, John Freeth and Samuel Freeth equally to be divided among them and to their respective heirs and assigns forever as tenants in common and not as joint tenants.
I give and bequeath all my clothes and wearing apparel and one fourth part of my plate linen and china unto my said daughter Elizabeth Freeth.
I give unto my grandson James Freeth and my granddaughter Margaret Freeth (children of my said son John Freeth) one hundred pounds a piece to be paid them respectively when they attain twenty one years of age if they shall respectively so long live but not otherwise.
I give unto my said son Daniel Freeth five hundred pounds to be paid in twelve months after my death.
And as to for and concerning all the rest residue and remainder of my ready money and securities for money books chattels personal estate debts credits and effects whatsoever and wheresoever (after paying the said legacies and charges hereinbefore mentioned or given and such small legacies as I may leave by manner in my own handwriting and subject to the payment of my just debts and funeral expenses) I give and bequeath to my said three sons Daniel Freeth, John Freeth and Samuel Freeth equally to be divided among them share and share alike and to their respective executors administrators and assigns.
And I do hereby nominate constitute and appoint them my said three sons Daniel Freeth, John Freeth and Samuel Freeth joint executors of this my last will and testament hereby revoking all former wills by me made. In witness whereof I the said Margaret Freeth testatrix have to this my last will and testament written on three sheets of paper set my hand and seal that is to say to the two proceeding sheets my hand only and to this third and last sheet my hand and seal the thirty first day of December in the year of our Lord one thousand eight hundred and three.
- Margaret Freeth
Signed sealed published and declared by the said Margaret Freeth 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 subscribed our names as witnesses thereto.
- Robert Leeson
- R Sykes
- Wm Hurst
This will was proved at London on the sixth day of June in the year of our Lord one thousand eight hundred and six before the right Honourable Sir William [ ] Knight Doctor of Laws Master on Commissary of the Prerogative Court of Canterbury lawfully constituted by the oaths of Daniel Freeth John Freeth and Samuel Freeth the sons of the deceased and the executors named in the said will to whom administration was granted of all and singular the good chattels and credits of the said deceased they having been first sworn by commission duly to administer.