James FROST of Althorne, formerly of Wivenhoe, Farmer, 1850. D/ABW 139/3/2

I James Frost late of Wivenhoe but now of Althorne in the County
of Essex Farmer do make this my last will and testament in manner following First
I nominate and appoint my two friends Jeremiah Holloway the younger of Heybridge
in the County of Essex Farmer and Maltster and George Linn of Althorne aforesaid
Carpenter and Farmer to be the Executors of this my will And I give and bequeath
unto my dear wife Sarah the use during her life of All such part of my household goods
and furniture as she may make choice of to the value of fifty pounds in the whole
according to a valuation to be made thereof by some proper person to be appointed mutually
by my Executors and my said wife And I direct an Inventory to be made of the same
and one copy thereof to be delivered to my said wife and another copy to be kept by my
Executors And on the decease of my said wife my will is and I do hereby I direct that the
same household goods and furniture shall be sold and the proceeds arising therefrom
disposed of as part of my personal estate And further my will is and I do hereby
order and direct my Executors as soon as conveniently may be after my decease to make
sale and absolutely dispose of all and every my Copyhold Cottages or tenements land and
hereditaments situate in Wivenhoe in Essex or elsewhere and all other my Real Estate
whatsoever and wheresoever either by public auction or private contract and together or in
lots or parcels as they in their discretion may think fit but for the most money and best price
that at the time of such sale can be reasonably obtained for the same and to bargain
sell and convey the said premises to the purchaser or purchasers thereof or otherwise as
he she or they may direct And the moneys to arise or be produced from any such sale
or sales I direct shall be deemed and considered as part of of my personal Estate and be
applied and disposed of as hereinafter is ecpressed And I do hereby declare that the
receipts or receipts of my Executors or of the person or persons for the time being acting
in the execution of this my will shall be a good and effectual discharge or good and
effectual discharges to the purchaser or purchasers of my said Copyhold and other
hereditaments for his her or their purchase money and after taking such receipt or receipts
such purchaser or puchasers shall not be answerable or accountable for the application
of the same money or any part thereof or for the misapplication or nonapplication
thereof And I give and bequeath unto my Executors all my term right Estate and
interest in any farm lands or hereditaments I may at my decease hold occupy or be
entitled to and all my farming stock live and dead growing and severed crops
implements and utensils household furniture (not hereinbefore disposed of) and all other
my personal Estate and effects whatsoever and wheresoever Upon trust that my
said Executors or the survivor of them his executors or administrators do and shall

carry on and continue my farming business during the remainder of any term or interest
I may have therein in case my said wife should so long live, or until her death in
case of her dying before the expiration of such term or interest and upon her decease or
at the end of my term which ever may first happen my will is that my business and
all my term and interest in the same under any lease or otherwise shall be put off
and disposed of in the regular way But nevertheless my will is that my said Executors
shall give to my son George Frost the option or offer of taking the same in the event
of his being able so to do and during the time my said business shall be carried on and
continued by my Executors I authorize and empower them to employ my son George to
assist them therein and at such salary or wages as my said Executors may consider reasonable
and proper provided always and my will is that if my said wife should be living at
the end of the existing term or interest which I may have in any farm or business at
my decease and it should appear to my Executors to be desirable and for the benefit of my
family that the business in which at my decease I may be engaged should be longer
carried on and the term or interest I had therein renewed or extended I authorize and
empower my Executors to apply for and obtain (if it can be had) any fresh or extended
term and to carry on and continue my said farming business for so long during my
said wife’s lifetime as they my said Executors or the survivor of them may think proper
but not so as to prevent its being finally put off upon her decease And I give and
bequeath unto my said wife for and during the term of her natural life an annuity or
yearly sum of forty pounds to and for her own use to be paid quarterly and to commence
from the time of my decease  And my will is that so long as my said business shall
be carried on the said annuity shall be payable and paid from my said business and
afterwards shall be raised and secured in such way and manner from my personal
Estate and from the proceeds of my Real Estate as myExecutors may think proper either
by an investment of a sum of money at interest or by sinking a suffient sum or
otherwise as thought most desirable And as to all other the moneys to arise as well from
my said real and personal Estate including the money employed in my business and the
profits to arise therefrom and from the proceeds on putting off the same from and after
payment and satisfaction of my debts and my funeral and testamentary expences my will
is that my Executors and the survivor of them and the executors and administrators of the
survivor shall stand possessed thereof and of all securities for the same In trust for the
benefit of all my children as hereinafter is mentioned (but subject to raising and paying
as aforesaid the said annuity to my said wife) that is to say in equal shares except
that fifty pounds shall be deducted and taken from the share of my son James and
one hundred pounds from the share of my son Thomas I having made advances to

each of those sons to those amounts and then the said sums of fifty pounds and one
hundred pounds so deducted shall be divided equally between all my said children
including my said sons James and Thomas and the shares of all my said children
respectively shall be vested interests in them on attaining their several ages of twenty
one years but so much and such part of their shares as may be employed in carrying
on my farming business or in providing the said annuity for my said wife shall not be
payable or dividable so long as the same is required for these purposes provided
always and notwithstanding  anything hereinbefore contained my will is that in case
either of my children should be under the age of twenty one years at the time of my
decease it shall be lawful for my Executors to apply so much of the proceeds to arise from
carrying on my said business as may be necessary for and towards his or her maintenance
and support until he or she attains that age and without charging or subjecting the share
of such child under this my will therewith provided also that if either of my children
should die in my lifetime leaving lawful issue or after my decease and under the age of
twenty one years leaving lawful issue him or her surviving then my will is that the part
or share under this my will of such child or children so dying shall go and I give the
same unto his or her issue equally to be divided between them if more than one or in
case of an only one then the whole to that one And I hereby declare that it shall be
lawful for my said Executors and each of them to deduct and retain to themselves
and himself and to pay to his Coexecutor all such costs charges and expences as they may
respectively sustain expend or be put unto in or about the execution of this my will And
that neither of them shall be answerable or accountable the one for the other or for any
involuntary losses which may happen in the execution of this my will.  In witness
whereof I the said James Frost the testator have to this my will contained in three sheets
of paper set my hand to each sheet thereof and my seal to the label by which they are
affixed this seventh day of July in the year of our Lord one thousand
eight hundred and forty eight

James Frost

Signed by the said testator James Frost
as his will in our presence we being both present
at the same time and in his and in each
others presence and at his request have set our names hereto as witnesses

Saml Wittey
Henry Wittey
Solr Colchester

The 11th day of January 1850
Jeremiah Barker Holloway (in the within will by mistake called
Jeremiah Holloway the younger) and George Linn
the Executor within named were duly sworn to the
truth of this Will and to the due performance
thereof and that to the best of their knowledge and
belief the whole of the Goods Chattels and Credits of the
deceased are under the value of Fifteen Hundred
pounds

Before me
James Hutchinson Surrogate

Testator died on the 11th July 1849

Proved on the 11th day of January 1850 before the
Reverend James Hutchinson Clerk, Surrogate &c by the
Oaths of Jeremiah Barker Holloway (in the within
Will by mistake called Jeremiah Holloway the younger)
and George Linn the Executors to whom Admon &c
was granted, they being first sworn duly to administer

This page was added on 17/03/2024.

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