In the Name of God amen I Philip
Havens of Wivenhoe in the County of Essex Esquire do make this my
last Will and Testament in manner following that is to say I give and
devise All that my mansion house called Little Wenham Hall with all
and every the farm lands and hereditaments thereto belonging called Little
Wenham Hall situate lying and being in the several parishes of Little
Wenham Great Wenham and Capel or any other Parish near or adjoining
in the County of Suffolk And also all that my Capital messuage or mansion
house called Donyland Hall with all and every the lands meadows pastures
hereditaments and appertenances thereto belonging situate lying and being
In the Parish of East Donyland in the said County of Essex And also all
and every my woods woodgrounds groves lands and hereditaminents in East
Donyland aforesaid And also all that my manor of East Donyland with
the rights members and appurtenances thereof And all and every other my
messuages lands tenements and hereditaments in East Donyland aforesaid
or in any other parish or place near or adjoining And also all the
advowson donation free disposition perpetual right of Patronage and presen-
tation of and to the Rectory and Parish Church of East Donyland aforesaid
with all and every the rights privileges and appurtenances to the said advow-
son belonging And also all such and so much and such part and parts as
is or are freehold and not copyhold of all that my messuage or tenement
and farm with all and every the land hereditaments and appertenances
thereto belonging situate lying and being in Ardleigh or some other Parish
or place thereto near or adjoining in the same County of Essex and now or
late in the tenure or occupation of Nathaniel Wendon his undertenants or
assigns (but with respect to my said estate in East Donyland subject and
charged as hereinafter is mentioned) To the uses following that is to say To the
use of my eldest son Philip Havens and his assigns for his life and after the
determination of that estate by forfeiture or otherwise in the lifetime of my said
son Philip Havens To the use of my son in law Edward Brett Esquire and my
youngest son William Rawdon Havens and their heirs during the life of my
said son Philip Havens In trust for my sense and Philip Havens and his
assigns during his life and from and immediately after the disease of my said
son Philip Havens to the use of the heirs and assigns of my said son
Philip Havens for ever And I further give devise and bequeath all that
my leasehold messuage or tenement with the appertenances situate and
being in Grafton Street Fitzroy Square London And also all that my copy-
hold estates situate at Chiswick in the County of Middlesex with the
appertenances And also all such and so much and such part or parts as
is or are Copyhold and not freehold of All that my said messuage or
tenement farm and lands at Ardleigh aforesaid or some other Parish or
place there to near or a joining and to my said son Philip Havens his heirs
executors and administrators according to the several natures and legal
qualities of such a estates respectively also I give a devise all that my
messuage or tenement and farm part where of is freehold and part Copyhold
with all and every the four tenements or Cottages and the lands Woods
hereditaments and appertenances thereto belonging situate lying and being
in the several parishes of Great Wigborough Salcot and Virley or some
other parish or place thereto near or adjoining in the said county of Essex
and all my estate and interest therein unto my said son William Rawdon
Havens his heirs and the assigns for ever and my mind and will is and I do
hereby expressly subject and charge all and every said Estate in East
Donyland aforsaid hereby devised to my said son Philip Havens as aforesaid
to and with the payment of the sum of one thousand two hundred pounds
of lawful British money unto my Daughter Elizabeth the wife of the said
Edward Brett and also to and with the payment of the sum of two thousand
eight hundred pounds of like lawful money unto my daughter Henrietta
Cordelia Havens and which said two several sums I do hereby order will
and direct shall be paid by my set son Philip Havens his heirs executors
administrators or assigns within six months next after my disease provided
always and I do hereby will and direct in case my said daughter
Elizabeth Brett shall depart this life in my lifetime or before the said sum
of One thousand two hundred pounds shall become payable to her then the
Said sum of One thousand two hundred pounds shall go to and be equally
divided amongst all and every the Children and Child of my said Daughter
Elizabeth Brett share and share a like if more than one has tenants in common
and not as joint tenants and if but one then the whole to that one Child
And I do hereby likewise expressly subject and charge the said Estate
situate in East Donyland so given to my said son Philip Havens as
aforesaid to and with the further payment of the annual sum of fifty
pounds to my said daughter Henrietta Cordelia Havens for her life
provided always and my will and meaning further is and I do hereby
expressly direct that in case my said son Philip Havens his heirs executors
or administrators shall neglect or omit to pay my said Daughter Elizabeth
Brett or her Children or Child as the case may be or my said daughter
Henrietta Cordelia Havens their said several and respective legacies or
shall neglect to pay the said annuity to my said daughter Henrietta Cordelia
Havens at the times at which the same legacies and annuity shall res-
pectively become due and payable Then I do hereby direct that it shall and
may be lawful to and for I said daughter Elizabeth Brett or her chil-
dren or child as the case may be and my said daughter henryetta Cordelia
Havens respectively or such of them whose legacy or annuity shall be so
unpaid into an upon this said Capital messuage manor advowson lands
woods hereditaments and premises hereby charged with the payment of
the same respectively or into an upon any part or parts thereof to enter
and distrain for the same and all interest and arrears thereof respectively
And the distress and distresses then and there found to detain manage sell
and dispose of in the same manner in all respects and upon the same
terms as distresses for rent reserved upon leases for years may be and are
and ought to be detained managed sold and disposed of and as if the
same sums respectively were rent reserve upon leases for years to the
intent that my said daughter Elizabeth Brett or her Children or child
as the case may be and my said daughter Henrietta Cordelia Havens
shall thereby therewith or otherwise be fully satisfied and paid their
said several and respective legacies and annuity and all interest and arrears
thereof respectively and all costs charges and expenses to be occasioned by the
nonpayment thereof respectively at the times at which the same legacies
and annuity shall respectively become due and payable And my mind
and will further is and I do hereby empower my said daughter Elizabeth
Brett or her Children or Child as the case may be and my said daughter
Henrietta Cordelia Havens in case their said several and respective legacies
and annuity shall remain unpaid at the times at which the same
shall respectively become due and payable into an upon said heredita-
ments and premises hereby charged with the payment of the same respec-
tively or unto any part thereof in the name of the whole to enter and the
same to have hold and enjoy and the rents and profits thereof and of every
part thereof to receive and take to and for her and their own use and bene-
fit respectively until she or they shall respectively thereby therewith or
otherwise be fully paid and satisfied they said several and respective lega-
cies and annuity and all interest and arrears thereof respectively and also all
such cost losses charges damages and expenses as shall be occasioned by
the nonpayment thereof Also I give and bequeath the legacy or sum of
Three hundred pounds to my said son William Rawdon Havens to and
for his own use and benefit and after payment of all my just debts my
funeral expenses the charges of proving and attending the execution of this
my will and other incidental expenses I give devise and bequeath all the
rest residue and remainder of my estate and effects both real and person-
al whatsoever and wheresoever and of what nature or kind soever not
hereinbefor disposed of unto my said son Philip Havens his heirs executors
administrators and assigns And I do hereby nominate constitute and appoint
my said two sons Philip Havens and William Rawdon Havens
Executors of this my Will and I do declare that they my said Executors or
either of them shall not be charged or chargeable with or for any other
sum or sums of money than shall come to their hands respectively by
Virtue of or under this my Will and that the one of them shall not be
accountable with or for the acts or deeds of the other of them but each of
them for his own acts and deeds only and that they or either of them shall
not be answerable for any loss that may happen in or to the said Trust
premises unless the same shall be occasioned by his or their wilful default.
And I do declare and direct that in case my said executors or either of them
shall stand indebted to me at the time of my decease the appointment of
them or him as Executors or as an Executor of this my Will shall not oper-
ate or be considered as a discharge or release of what they or he shall so
be indebted to me And it is my Will and desire that each of my children be
supplied with a Copy of this my Will immediately after my decease And
hereby revoking all forme Wills by me at any time heretofor made I declare
this to be my last Will and Testament in witness whereof I the said
Testator Philip Havens have to this my last Will and Testament contained
in five sheets of papers set my hand this fourth day of November one
thousand eight hundred and forty four Philip Havens Signed by the
said Testator Philip Havens in the presence of us we being both present
at the same time and who in his presence have hereunto subscribed our
names as Witnesses James Inglis Solr Colchester J N stonehold
Clerk to Messrs Keeling and Co
Proved at London the 19th of March 1857 before the Judge by the
oaths of Philip Havens and William Rawdon Havens the sons the
Ex[ecut]ors to whom Admon was granted having been first sworn by comon duly
to adm[iniste]r
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