Will of Benjamin Firmin
Will dated 1837. With 3 Codicils in 1838
Transcribed by Frances Belsham
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The last part of this will shows a summary of the Names, Places, Properties and Vessels mentioned in the will.
Will and Codicils
Firman Benjamin
Wivenhoe
Sealed the 16 Aug 1838
Under 600£
1 In the Name of God Amen!
2 I Benjamin Firman late of Wivenhoe in the County of Essex
3 Gentleman but now of Stanway in the said County Gentleman being of sound and
4 disposing mind and understanding do make this my last will and Testament
5 in Manner and form following that is to say I request that my Remains
6 may be interred in the church yard of the parish Church of Saint James in
7 the Borough of Colchester and as near as possible to the Graves of my late wife and
8 three of my children who be buried there And I also direct that my Funeral may
9 be as plain as my Executors hereinafter named may in their discretion think
10 proper and suitable And I direct that soon after that Ceremony as possible all
11 my just Debt Funeral & Testamentary Charges & expenses be fully paid and
12 satisfied And as to my worldly Estate I give and dispose thereof as follows I
13 give and devise unto my loving wife Mary Firman All that my Messuage or
14 Tenement situate in the before mentioned Parish of St James in Colchester
15 aforesaid on the South Side of the Hill there called East Hill and numbered 2 with
16 the yards Gardens Hereditaments and Appurtenances thereto belonging And together
17 also with a Moiety or half part of the Stable now used and occupied with my
18 other Messuage adjoining (Numbered 1) by Nelson Coates and next hereinafter devised
19 as the same Messuage Numbered 2 was lately in the occupation of Peter Devall
20 And now of Richard Stanbury To hold the said messuage or Tenement numbered 2
21 together with a moiety of the Stable (now occupied by the said Nelson Coates with my
22 said messuage Numbered 1) with their and every of their appurtenances unto my said
23 wife and her Assigns for and during the Term of her natural life she and they
24 keeping the same in good and tenantable Repair and committing no waste or
25 damage I give and devise unto my Daughter Alice Pamela All that my said
26 Messuage or Tenement numbered 1 on East Hill in Colchester together with the other
27 Moiety of the said Stable as the said Messuage No 1 with the said Stable is now in the
28 occupation of the said Nelson Coates To hold the said Messuage no 1 Moiety of the said
29 Hereditaments Stable Yards Gardens and appurtenances thereto belonging unto my said
30 Daughter Alice Pamela and her Assigns for and during the Term of her natural
31 Life she and they keeping the same in good and tenantable Repair and committing
32 no waste And subject to the respective Life Interests of my said Wife and Daughter
33 of and in the said two Messuages or Tenaments Hereditaments and Premises I give and
34 devise the same with their and every of their Rights members And appurtenances unto
35 my Son in Law William Lillie of Elmstead in the said County of Essex Farmer
36 and my Friend Edward Clay of Colchester aforesaid Estate Agent and Auctioneer To
37 hold the said two Messuages Hereditaments and Premises with their appurtenances
38 Unto them the said William Lillie and Edward Clay their heirs and Assigns for ever
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39 Upon Trust to make Sale and disposition thereof respectively in the same manner
40 as I have hereinafter directed of and concerning my other Real Estate I give and
41 bequeath to my said wife Mary Firman All the Bread Port and perishables
42 Articles of Food and all my wines Spirits Beer or other Liquors that shall be in
43 my Dwelling House at the Time of my Decease to and for her own Use and Bennefit
44 I direct that as soon as conveniently may be after my decease my Executors take or
45 cause to have taken an Inventory of all my Household Furniture Plate Linen and
46 China which I direct to be removed from my now dwelling House Colchester and
47 I give to my said wife the Use (but not the property) of the said Household Furniture
48 Plate Linen and China during the Term of her natural Life she keeping the same in as
49 good order and Condition as can fairly be expected allowing for reasonable wear and
50 tear thereof But it is my will that in Case it should become necessary to exchange
51 any of the said articles of Furniture enumerated in the Inventory to be taken as
52 aforesaid the article so sold or exchanged shall be replaced by another of the same
53 description and of corresponding value And from and immediately after my said wifes
54 decease I give the said Household Furniture Plate Linen and China unto my four
55 Daughters (namely) the said Alice Pamela, Mary Augusta (the wife of Archibald Alderton
56 of Aldham in the said County of Essex Malster) Emma (the wife of James Firman now
57 resident in North America) and Sarah Firman Spinster equally to be divided between
58 them share and share alike And in case there should be any dispute between them
59 said four Daughters respecting the Division thereof then I hereby direct my said Executors
60 to make such division so by them made shall be final and the shares so respectively allotted shall
61 be deemed and I do declare the same to be the respective parts they my said four children
62 shall be intitled to by virtue of this my will of and in the said Household Furniture Plate
63 Linen and China I give and bequeath to my said wife an Annuity or clear yearly
64 sum of Fifty Pounds of lawful money of Great Britain for and during the Term of her
65 natural life provided she so long continues my widow, And in case of her second marriage
66 then from and after the Solemnization thereof I do hereby reduce the same to the annual
67 Sum of Forty pounds only And I do hereby direct that either of the said annuities shall
68 be paid quarterly by equal Payments The first quarterly Payment of the said annuity of fifty Pounds to
69 be paid within three Calender months after my decease And in Case of such second
70 marriage then the first payment of the said annuity of forty Pounds to be made within
71 three calender months next after the solemnization of such Marriage And my will is
72 respective the last mentioned Annuity or annual Sum of Forty pounds that the same
73 shall be paid in manner aforesaid into the Hands of my said wife or to such person
74 or Persons as she may appoint exclusive of her Husband who is not to interfere or
75 intermeddle therewith nor is the same Annuity or any part thereof to be subject to his
76 Control Debts or Engagements I give and bequeath unto my son in Law John
77 William Rayner now residing with me an Annuity or clear yearly Sum of forty
78 Pounds of like lawful money during the Term of his natural Life such annuity to be
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79 paid to him my said Son in Law in such proportions and at such Times in the
80 year as to them my Executors hereinafter named may consider best for his Interest
81 and most likely to conduce to his Comfort and Convenience such annuity or annual
82 Sum of Forty Pounds to commence from the Time of my decease and he intitled to a
83 fourth part thereof at the End of three Calendar months next after And I do declare
84 and expressly order that the said John William Rayner shall not be empowered to make sale
85 or disposition of the said Annuity to any Person or Persons whatsoever for any time
86 or Term whatsoever and that in Case of his making any such Sale or other disposition
87 thereof the said annuity shall cease and he utterly excluded and debarred from all
88 Benefit and Advantage under this my will And I hereby charge and make
89 chargeable with the payment of the aforesaid annuities to my wife and to my said
90 Son in Law respectively All those my two messuages or Tenaments and Farm called “ Clevelands “
91 situate lying and being at a Place called the Old Heath and in the several parishes
92 of Saint Giles in Colchester aforesaid and Wivenhoe aforesaid with all and singular the
93 Lands Hereditaments and appurtenances to the same belonging or of right appertaining
94 as the same were late in the occupation of Arnold and are now in the Tenure
95 or occupation of Joseph Daldy his undertenants or assigns And I do declare that
96 the provision hereby made for my said wife is to be a Bar to and in Lieu of all
97 Dower thirds or Freebench she might otherwise by Law be intitled to out of my Real
98 Property I give and bequeath unto my said Daughter Alice Pamela the sum of five
99 Pounds to be paid to her as soon as conveniently may be after my decease but
100 I wish it to be understood by my Family that this additional Legacy of five Pounds is not given
101 under an Idea of showing greater affection to her than the rest of my dear Children
102 but inasmuch as she has had and will have better opportunity of showing kindness
103 and attention to my said Son in Law, my Daughter Mary Ann and my Grandson
104 George Firman I trust she my said Daughter Alice Pamela will bear in mind
105 her Fathers anxiety for their welfare and in future as far as she can without
106 prejudicially affecting her own Interest continue to show them the same uniform
107 care and kindness which she has hitherto done so much to my satisfaction I
108 hereby direct authorize and empower my Executors hereinafter named as soon as they
109 may deem it advisable after my decease to make sale and absolutely dispose of
110 either by Public Auction or Private Contract and in such lots portions or divisions as
111 they may deem most advisable All that my Copyhold Cottage or Tenement with the
112 Gardens Hereditaments and appurtenances thereto belonging situate lying and being in
113 Lexden and holden of the Manor of Lexden and now in the occupation of Percival And
114 Also all that my Piece or Parcel of Copyhold Land or Ground near or thereto adjoining
115 being an allotment to me of Parcel of the waste of the said Manor as the same is now
116 in the Tenure or occupation of myself And also all other my Copyhold
117 Messuages Lands Hereditaments whatsoever and wheresoever And upon sale or
118 disposition thereof in due form of Law to Bargain and sell the same to the purchaser
119 or Purchasers thereof and stand possessed and interested in the monies to arise therefrom
120 Upon the Trusts hereinafter declared I give devise and bequeath unto them the said
121 William Lillie and Edward Clay ( subject nevertheless to the annuities therein charged
122 as aforesaid to my said wife and Son in Law John William Rayner) All those my
123 two said Messuages or Tenements and Farm called “ Clevelands “ with all and singular the
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124 Lands Hereditaments and Appurtenances to the same belonging And also all that
125 my Messuages Tenement and Farm wherein I now dwell with all and singular the
126 Lands Hereditaments and Appurtenances thereto belonging And also all and singular
127 other Messuages or Tenements Lands Hereditaments rest residue and Remainder
128 of my Real Estate whatsoever and wheresoever in Revision remainder or Expectancy
129 To hold the same unto them the said William Lillie and Edward Clay their
130 Heirs and Assigns for ever Upon Trust with all Convenient speed and after Six
131 Calendar Months shall have elapsed after my decease to make sale and absolutely
132 dispose of All and singular other my Real Property except the two Houses
133 on East Hill so respectively devised to my said wife and Daughter for life as aforesaid
134 and the said farm called Clevelands so charged with the Payment of the annuities to
135 my said wife and my said Son in Law respectively And upon Trust with all
136 convenient speed after Six
137 Calender months shall have elapsed after the Death of my said wife to sell and
138 Dispose of the said Messuage or Tenament on East Hill so left to her for Lafe as aforesaid
139 And in like manner after Six Calendar months from the Death of my said Daughter
140 sell & dispose of the other Messuage or Tenament on East Hill so left to her for Life
141 as aforesaid And in like manner after Six Calendar Months shall have elapsed
142 from the death of the survivor of them my said wife and Son in Law John William
143 to sell and dispose of my said Two Messuages or Tenements Farm Lands and
144 Hereditaments called Clevelands And I do declare that it shall be lawful for
145 my said Trustees to sell the Freehold property so devised to them upon Trust as
146 aforesaid either by public Auction or Private Contract and in such Lots or Parcels
147 as they in their discretion shall think proper And I hereby declare that the Receipt or Receipts of
148 either my said Trustees or Executors for any Sum or Sums of Money which by
149 virtue of this my will shall come to their or either of their Hands shall to all
150 intents and purposes be valid and the person or persons taking such Receipt
151 shall not be answerable or accountable for any misapplication or non application
152 of the monies so paid and and acknowledged to have been received And I do
152 hereby declare that my said Trustees shall stand Possed of the monies to arise
153 by such sales as aforesaid and of such other monies as by virtue of this my will
154 shall come to their Hands from Time to Time Upon Trust and for the several
155 Ends Intents and purposes hereinafter mentioned And subject to the Payment o
156 of my just Debts funeral and Testementary Charges and all charges incident to
157 the Executors life I give and bequeath unto them the said William Lillie and
158 Edward Clay their Executors and Administrators All the rest residue and Remainder
159 of my live and dead Farming Stock Implements of Husbandry Books Papers Monies
160 Security for money Personal Estate and Effects whatsoever and wheresoever and
161 of what Nature or kind soever Upon Trust as soon as conveniently may be
162 after my decease to collect and get in all outstanding Debts and convert into
163 money such Part thereof as do not consist of money And stand possessed of the
164 neat proceeds thereof together with the monies to arise from Time to Time by virtue of
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165 ………………………………………………………….the Sale and disposition hereinbefore directed and
166 contained Upon the trust herenafter mentioned and expressed of and concerning the
167 same that is to say Upon the Trust after Payment of my Debts and necessary Expences to pay
168 to each of my Children ( except my Daughter Mary Ann for whom I have hereinafter
169 provided) to or for whom during my Life Time no advance has been made by me for or on
170 account of his or her Patrimony the sum of three hundred pounds a piece And whereas I
171 have made no such advance to my said Daughter Mary Ann now I do hereby direct that the
172 Sum of three hundred pounds may be put out at Interest instead of being paid to her And
173 the Interest arising therefrom as and when the same shall be received paid to be my said
174 Daughter Alice Pamela for the maintenance and support of my said Daughter Mary Ann
175 during her natural Life whether she be married or single but in case she shall be married
176 then in such manner that her present or any future Husband can have no control
177 over it or prevent her enjoyment thereof And upon further Trust to pay to each of my
178 Children except my Daughter Charlotte Louisa to whom an advance has been made
179 as aforesaid so much apiece as will make their respective advances amount to three
180 hundred pounds each And I direct that the Sum of one hundred and fifty Pound be
181 placed out at Interest and the proceeds thereof paid to my said Daughter Charlotte Louisa
182 for her natural Life under the same restrictions as I have hereinbefore given respecting
183 the Legacy to my said Daughter Mary Ann And after such payments as aforesaid Then upon
184 Trust as to the Residue of my monies in manner hereinafter mentioned And whereas I
185 paid and advanced to and for several of my Children as after mentioned the following
186 Sums of money that is to say my Daughter Isabella Elliston the wife of the said William
187 Lillie the Sum of three hundred Pounds to or for my said Daughter Eliza Terrett the
188 wife of Robert Parker of Rushmere Farmer the Sum of nine hundred pounds to or for my
189 Daughter Harriet Terrett the wife of Henry Salmon the Sum of six hundred and fifty
190 Pounds – to or for my Son Benjamin Terrett Firman the Sum of nine hundred Pounds
191 and to or for my Daughter Charlotte Louisa Firman the Sum of one hundred and
192 fifty Pounds and to and for my said Daughter Emma the wife of the said James Firman
193 the Sum of one hundred Pounds and to or for my Son Henry Joseph Firman the Sum
194 of two hundred Pounds Now I do declare that all and every the Sum and Sums
195 of money so already advanced or hereafter to be advanced to any of my said Children
196 or to their respective Husbands on their account respectively (except as to the said sums
197 of three hundred pounds where no advance has been made and the said Sums to such
198 Children to make up three hundred pounds as aforesaid) shall be deemed and taken
199 as and by way of advancement and on account of the Share of the Residue of
200 my Property as any Child has received in advance over and above the Sum of three
201 hundred Pounds – And in order to effect an equal Distribution of my residual
202 property among my Children I declare that each of the said advancements
203 to my said Children as aforesaid over and above the said Sum of three hundred
204 pounds and all Sums to be advanced when or where any Childs share shall
205 be made above the Sum of three hundred pounds shall before a Division
206 of the Residue and for the purpose of Calculation only be added to and
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207 considered as forming a part of the Residue and be deducted from the
208 shares of each child respectively And in order to prevent dispute I do declare
209 that the Sums before stated to have been advanced to my said Children
210 respectively shall be deemed correct and a calculation made accordingly
211 And after the several payments to be made as aforesaid I direct that the
212 clear residue shall be divided into ten equal parts or shares One tenth
213 part or share to be placed out at Interest and the annual proceeds paid to my
214 said Daughter Alice Pamela for the use of my said Daughter Mary Ann during her natural life for
215 purposes and in manner as I have herein before directed concerning the Interest of
216 the said Sum of three hundred pounds so directed to be placed out at Interest for
217 her use as aforesaid and subject to the same restrictions and Conditions And
218 from and immediately after the decease of my said Daughter Mary Ann I give
219 and bequeath a moiety of the said principal Sum of three Hundred pounds and
220 a moiety of the said one tenth Share of Residue unto her natural Son Frederick
221 Firman for his own use and Benefit and the other moiety of the said principal
222 Sum of three hundred pounds and of the tenth share of the Residue unto all or any
223 Children or child the said Mary Ann may leave born in Lawful wedlock but
224 in Case she should leave no Children or child I give the last mentioned moieties
225 to be equally divided between her surviving Brothers and Sisters or their personal
226 Representatives And as to one other tenth part or Share of the said Residue
227 I direct that the same may be placed out at Interest
228 and the proceed thereof paid to my said Daughter Charlotte Louisa
229 for her natural Life under the same restrictions as I have before made and
230 directed concerning the Sum of one hundred and fifty Pounds so placed out
231 at Interest as aforesaid And I do further declare that if either of my said Daughters
232 shall part with by sale or otherwise of the annual Income to be derived from the
233 provision made for them by this my will then and in that Case the Bequests
234 hereby respectively made to them shall cease and the persons to whom the same are commited
235 after their decease shall be intitled to take the same as hereinbefore and
236 hereinafter directed And after the decease in sale of the Interest of the said
237 Charlotte Louisa I give and bequeath the principal of the said Sum of one
238 hundred and fifty Pounds and one tenth Shall unto her Son George Firman
239 for his own sole use to be paid to him at the age of twenty one years But if
240 he should die in his Mothers Life Time and without leaving lawful Issue then
241 I give the said principal Sum of one hundred and fifty Pounds and tenth of
242 Residue to all the Children of the said Charlotte Louisa living at her Death born
243 in Lawful wedlock of more than one share and share alike as tenants in
244 Common and in Case there shall be but one child then to such only
245 Child Provided nevertheless And I do hereby give my Executors a
246 discretionary power (upon the Request of the said Charlotte Louisa) to advance
247 and pay to her the whole or any part of the said principal Sum of One hundred
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248 and fifty Pounds and one tenth Share of Residue hereby given to her
249 such advance to be made by my Executor either the whole at once or from
250 time to time as they in their Discretion may deem prudent and advisable
251 and in the event of the advance of the whole or any part of the said
252 principal Sums then to such Intent I revoke the bequest of the
253 Remainders over to her Son George and her other Issue And as to
254 the remaining Eight tenth parts a Share of the said Residue I give and
255 bequeath the same unto my eight other Children (viz) the said Isabella Elliston
256 Lillie, Eliza Terrett Parker, Harriet Terrett Salmon, Benjamin Terrett Firman
257 Henry Joseph Firman, Alice Pamela Firman, Emma Firman, Hannah
258 Maria Firman, Mary Augusta Firman and Sarah Ann Firman equally
259 to be divided between them share and Share alike – Provided always and
260 it is my will that in Case either of my said Children shall depart this
261 Life under the age of twenty one years without leaving lawful Issue then
262 the share or shares of him her or them so dying shall go and accrue to
263 the Survivors or survivor of them if more than one share & share alike
264 I further direct my said Trustees out of the surplus Rents and Profits of
265 my Farm called Cleveland after payment of the annuities Charged thereon to
266 keep the two messuages and all the Buildings Gates and Stiles in good and
267 tenantable repair until Sale thereof according to the directions hereinbefore
268 contained I declare that it shall be lawful for my said Trustees and
269 Executors to reimburse themselves out of the monies which by virtue of this
270 my will shall come to their Hands all Costs and Charges they may bear or
271 sustain in and about the Execution of the Trusts of this my will And that
272 each shall be answerable only for his own acts Deeds and wilful Defaults
273 nominate constitute and appoint my said Daughter Alice Pamela
274 Executor and the said William Lillie and Edward Clay Executors of this my
275 Will And lastly I hereby revoke and make void all former and other
276 Wills by me at any Time heretofore made and do declare this only to be
277 my last will and Testament In Witness whereof I the said Benjamin
278 Firmin the Testator have to this my last will and Testament contained in
279 Seven Sheets of Paper to the first Six sheets set my Hand and to this
280 Seventh and last Sheet my Hand and Seal this Ninth Day of June
281 One thousand Eight hundred and thirty six
Signed dealed published and declared by the
said Benjamin Firman the Testator as and
for his last will and Testament in the presence
of us who in his presence at his Request and
in the presence of each other have hereinunder
subscribed our names as Witnesses
Charlotte Adams
(signature illegible)
Alex Keslover
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288 This is a Codicil to be added to and taken as part of
289 the last will and Testament of me Benjamin Firman of Stanway in the
290 County of Essex Gentleman Whereas in and by my said last will and
291 Testament which is hereto annexed and bears Date the ninth Day of
292 June one thousand eight hundred and thirty six I have given and
293 bequeathed to my wife mary Firman an annuity of Fifty Pounds
294 for her Life and charged upon my Estate called Clevelands now I
295 do hereby revoke the said bequest of an annuity of Fifty Pounds and
296 in lieu thereof do give and bequeath to her an annuity of Forty
297 Pounds for her Life charged and chargeable upon the same Estate
298 called Clevelands but instead of the said last mentioned annuity
299 of Forty pounds being payable and subject to such Conditions as in my
300 said will is mentioned concerning the said annuity of Fifty Pounds
301 I do hereby direct my Executors therein so named to pay and apply
302 the same for and towards the Maintenance and support of my said
303 Wife by such monthly or other Sum or Sums of Money as they may
304 deem most conducive of her Comfort for so long Time as she my said wife
305 continues in her present unsound state of mind and incapable of managing
306 her own affairs And I do also direct my said Executors to receive the Rents
307 and Profits of my House No 2 on East Hill (devised to my wife for Life) during
308 the continuation of my said wifes afflictions and pay and apply
309 such part thereof as they may deem necessary in providing my said wife with
310 Clothing Medical attendance or such other necessaries her state may require
311 they however reserving thereout a Fund to be kept in their Hands for the
312 purpose of paying the expences of her Funeral in Case of her Death in her
313 present state of Mind But in case it shall please the almighty to restore her
314 to the use of her Faculties & she should become capable of managing her own
315 affairs then I will and direct that my said wife shall be intitled to
316 receive into her own Hands the said annuity of forty Pounds for her Life
317 Quarterly and also the Rents and Profits of the said House No 2 on East Hill
318 And also have paid to her any reserved Fund then in the Hands of
319 my said Executors for the purposes aforesaid to and for her own use and
320 Benefit Instead of the Legacy of five Pounds bequeathed to my said Daughter
321 Alice Pamela I bequeath to her the Sum of Ten Pounds In all other
322 Aspects I hereby ratify and confirm my said will In Witness whereof
323 I have to this Codicil to my said Will set my Hand and Seal this fourth
324 Day of May one thousand Eight hundred and thirty seven
Signed sealed and published by the said Benjamin Firman the
Testator as for and by way of a Codicil to his last will and
Testament hereunto annexed in the presence of us who
in his presence at his request and in the presence of each
other have subscribed our names as witnesses
Emily Sum??iss
William Pyke
Alex Keslove
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330 This is a Second Codicil to be added to my last will
331 and Testament hereto annexed bearing Date the Ninth Day of
332 June one thousand Eight hundred and thirty Six whereas
333 on the second Sheet of my said will I have named my Daughter
334 Sarah with only one Christian name and her name
335 being Sarah Ann Firman I hereby confirm every thing in my said
336 will so far as regard her in those names And whereas I have
337 given and bequeathed to my Daughters Alice Pamela Mary Augusta
338 Alderton Emma the wife of James Firman resident in North
339 America and my said Daughter Sarah Ann but
340 (in my said will called Sarah only) All my Household
341 Furniture Plate Linen and China equally to be divided between
342 them after my wifes decease Now I do hereby revoke the bequest
343 to my said Daughter Emma the Wife of James Firman and do
344 hereby give and bequeath her one fourth part or share to
345 my Daughter Hannah Maria the wife of John Giblin of Langdon
346 Hills Sheep Farmer for her own use absolutely and whereas I have
347 since making my said will advanced and paid to the said John
348 Giblin the Sum of Fifty Pounds now I do hereby order and direct that
349 he or his wife account account for the sum as an advance towards the portion
350 or benefit to be by her derived from my said will and in manner
351 therein directed – And whereas as will be seen on the Sixth Sheet of
352 my said will I have directed that the principal Sum of one hundred
353 and fifty Pounds and tenth part of my Residue bequeathed to
354 my Daughter Charlotte Louisa after the Limitations and conditions therein
355 expressed be divided between all her Children living at her decease now
356 I do hereby declare that such bequest shall not extend to her Son
357 Benjamin (her Second Child) it being intended and I hereby declare
358 he is to take no Benefit or Advantage under this my will – And
359 whereas I have bequeathed to my wife all my Bread Pork Meat and
360 perishable articles of Food Wines Spirits Beer and other Liquors which shall
361 be in the house at the Time of my decease for her own use Now I do
362 hereby revoke that bequest and do give and bequeath the said Bread
363 Pork Meat and Perishables Articles of Food Wines Spirits Beer and other
364 liquors which shall be in the House at the Time of my decease unto
365 my said Daughter Alice Pamela for her own use absolutely And
366 I further direct that my said Daughter Alice Pamela shall have the sole care
367 and custody of the Household Furniture left to my wife during her present
368 Affliction but in Case she my said wife shall be in a state of mind capable of
369 the management of her own affairs then the same shall be delivered to her
370 In all other respects I hereby confirm my said last will and the first
371 Codicil both here annexed In witness whereof I have hereunto set my Hand
372 and Seal this Eleventh Day of April One thousand eight hundred and thirty
373 Eight
374 Signed sealed published and declared as and for a codicil
375 to be added to be added to the last will and Testament of
376 this the Testator Benjamin Firman in the presence of us
377 ( also in his presence and in each others Presence ) who
378 In his Presence have Subscribed our names as Witnesses
Laura Agnes Highan
William Pyke
Alex K Glover
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379 This is a third Codicil to be added to my last will and Testament
380 And the two other Codicils before added – whereas I have
381 directed that as soon as convenient after my decease that my
382 Executors take or cause to have taken an Inventory of all my Household
383 Furniture plate Linen and China and have given the use thereof to my wife
384 for her life Now I do hereby declare that such Inventory shall extend not only
385 to the Household Furniture plate Linen and China but also to the glass
386 utensils in my Dwelling House And that the said Household Furniture
387 Plate Linen China and Glass Utensils shall after my wifes decease be
388 equally divided between my said Daughters Alice Pamela Hannah Maria
389 Giblin Mary Augusta Alderton and Sarah Ann as in my Second Codicil
390 mentioned And I do hereby give to my said Daughter Alice Pamela the
391 use of Poney the four wheeled Chaise and Harness thereto for such Time as
392 she may deem it necessary and convenient for the use of herself and
393 that part of my Family forming Part of my Establishment at the Time
394 of my Decease – But I do hereby will and direct that the said Poney Chaise
395 and Harness shall be considered as forming Part of my Residue and whenever
396 my said Daughter Alice Pamela shall have no further occasion for
397 their use or be inclined to give the same up the same shall be disposed of
398 by my Executors and the proceeds carried to the account of my residual Estate
399 In all other respects I hereby I hereby ratify and confirm my said will and
400 former Codicils – In witness whereof I have hereunto set my Hand and Seal
401 this Twelfth Day of April one thousand Eight hundred and thirty eight
Signed Sealed published and
declared as and for a third Codicil
to be added to the last will and Testament
of the said Benjamin Firmin the Testator
in the presence of us ( in his presence & in
each others Presence have subscribed our
names as Witnesses
409 Laura Agnes Highan
410 Alex K Glover
The sixteenth day of June — one thousand eight
hundred and thirty eight
413 Alice Pamela Firman William Lillie and Edward
414 ClayThe Executrix and Executor within named were sworn
415 to the truth of this Will and three Codicils and to the due
416 performance thereof and that to the best of their
417 knowledge and belief the amount of the value of the
418 Goods Chattels and Credits of the deceased is made the
419 sum of six hundred pounds
420 The Testator Died on or about Before me
421 the fourth day of May John Dakins
422 last in the parish of Stanway Surrogate
423 and was buried in the parish
424 of Saint James Colchester
425 Proved with 3 Codicils on the 16th Day of August 1838
426 before the Revd John Dakins Clk Surrog by
427 the oaths of Alice Pamela Firman William Lillie
428 & Edward Clay the Exors to whom Admon
429 was granted they being first sworn
430 duly to admin
A Summary of Names, Relationships, Places and Properties.
Name Place Relationship/Status Line
Mary Firman Wife 13, 41, 63, 73, 89, 122, 142
Alice Pamela Daughter 25, 30, 55, 98, 104, 174,
214, 257, 273
William Lillie Son in Law 35, 121, 129, 157, 274
Edward Clay Friend 36, 121, 129, 158, 274
Mary Augustus Alderton Daughter 55, 258
Emma Firman Daughter 56, 192, 257
James Firman 56
Sarah Firman Daughter 57, 258
John William Rayner Son in Law 76, 84, 90, 122, 142
Mary Ann Daughter 103, 168, 171, 174, 183,
214, 218, 223
George Firman Grandson 104, 238, 253
Charlotte Louisa Daughter 178, 181, 228, 237, 242,
246
Isabella Eliston Lillie Daughter 186, 255
Eliza Terrett Parker Daughter 187, 256
Harriet Terrett Salmon Daughter 189, 256
Benjamin Terrett Firman Son 190, 256, 277
Henry Joseph Firman Son 193, 257
Frederick Firman Grandson 221
Hannah Maria Daughter 257
Property
Messuage No 2 East Hill Colchester 15, 19, 21, 132/133, 138
Messuage No 1 East Hill Colchester 18, 19, 22, 26, 132/133,
140
Clevelands Farm Old Heath 90, 123, 134, 144
2 Messuages Wivenhoe/St Giles 92
Cottage Lexden 111-113
Land Lexden 115
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