This is the last Will and Testament of me
John Thomas of Wivenhoe in the County of Essex Yeoman now
in the time of my being of perfect mind memory understanding
but of an infirm body and advanced in years I give devise
bequeath to John Dyer the infant son of William Dyer of Wyvenhoe
aforesaid Mariner all that my messuage or tenement situate and
being in Wivenhoe aforesaid called Cold Hall and all those two
tenements near to or adjoining the same with all every the
Yards Gardens Stables outhouses and buildings thereto or to either
of them belonging used occupied or enjoyed as the same is now
in my own occupation and in the occupation of Arnold Nichols
late of William Heath their several undertenants or assigns to
hold the same messuage or Tenement aforesaid with their appurt[enance]s
unto the said John Dyer & his heirs forever I give to Jane Dyer
The infant daughter of the said William Dyer of Wivenhoe
Mariner all that my Tenement & building called the Bath
situate & being in Wivenhoe aforesaid with all & singular the
Yards Gardens outhouses heredit[ament]s & appurt[enance]s thereto belonging or
therewith used occupied or enjoyed as the same is now in the
tenure or occupation of the said William Dyer to hold the said
tenement & Building called the Bath with the appurt[enance]s unto
the said Jane Dyer and her heirs for ever I give & devise to
William Dyer the infant son of the said William Dyer of
Wivenhoe Mariner all that messuage or Tenement & Garden
situate & being in Wivenhoe aforesaid with all & singular the
heredit[ament]s & appurt[enence]s thereto belonging as the same is now in the
Tenure or occupation of Richard Ham or his undertenants to
hold the same with the appurt[enence]s unto the said William Dyer
the infant & his heirs for ever and it is my mind and intent
that in case any of the said three infant children of the
said William Dyer shall die under the age of twenty one
years without leaving lawful issue of his her or their body him
her or them surviving that the Estate or Estates hereinbefore
devised to him her or them so dying without issue and under the
age aforesaid shall descend to the survivors or survivor of such
infant children if more than one in equal shares as tenants
in common and if but one to such surviving or only infant
child and the heirs of such only child for ever and I do direct order
and appoint that the said William Dyer Mariner Jane Dyer his
Wife and William Bragg of Wivenhoe aforesaid yeoman shall
jointly have the management and concern of the several Estates herein
before devised to the infant children of said William Dyer to
see the same kept in a proper state of repair to receive the the
rents and profits of the same & to apply such rents & profits after
deducting the charges of sat reparations in the maintenance & education
& bringing up of the said infant children until they shall
respectively attain their ages of twenty one years I give & devise to
the said William Bragg of Wivenhoe aforesaid Yeoman all that
messuage or Tenement with the Yards Gardens outhouses heredit[ament]s
and appurt[enence]s thereto belonging or with the same used held occupied
or enjoyed situate and being in the Hog Lane in Wivenhoe aforesaid
and now in the occupation of the said William Bragg or his
undertenants to hold the same with the appurt[enence]s to the said
William Bragg & his heirs for ever I give & devise unto Edward
Layzell the youngest son of James Layzell late of Colchester
in the County of Essex Victualler dec[ease]d all that messuage now divided
into two Tenements with the Yards Gardens outhouses heredi[men]ts and
appert[enance]s thereunto belonging or therewith usually held occupied or
enjoyed situate and being in Hog Lane in Wivenhoe aforesaid
now in the Tenure or occupation of John Barr & Robert Murrells
their undertenants or assigns to hold the same with the appurt[enence]s
to the said Edward Layzell his heirs and assigns for ever I give &
bequeath the sum of Eleven hundred pounds which I now have in
the Public Funds called the navy five per cent annuities unto
my Exec[utor]s hereinafter named upon trust that they or the survivor
of them do pay & apply the interest proceed and dividend as the
same shall arise and be payable unto my brother Philip
Thomas who resides in Monmouthshire in Wales and to
my sister Mary if she be living in equal shares during their
joint natural lives & after the decease of either of them I do
direct the whole interest dividends proceed and dividend
arising from the said stock to be paid to the survivor of them
during his or her natural life and after the decease of such survivor
upon trust and I do direct my said Exec[utor]s to transfer & assign Eight
hundred pounds part of the said Stock unto the four children of
my said Brother Philip Thomas in equal shares or to their
legal representatives and three hundred pounds other part
and remainder of the said Stock I do direct them to transfer
and assign unto the six children of my of the rev[eren]d John Garnons of
Wivenhoe aforesaid Clerk in equal shares to their legal representatives
and I do order and direct my Exec[utor]s to have me enterred in the
Church Yard of Wivenhoe aforesaid in the brick Grave next to my
late dear Wife & to have a raised portland tomb stone placed over the
same & that of my said Wife with suitable inscriptions thereon
& to have the same surrounded with a cast iron railing &
as to all the rest residue & remainder of my personal Estate
& effects whatsoever and wheresoever after the payment of my
Just Debts my funeral Expenses the Charges of the Tombstone
aforesaid and all other charges incident to or attending the
execution of this my will I give and bequeath the same to Jane
the wife of Munsey otherwise Munson to & for her own
use & benefit & I do hereby nominate & appoint Edward Sage of Wivenhoe
aforesaid Butcher and the hereinbefore named William Bragg
Exec[utor]s of this my will & I hereby revoking all former & other Wills
by me heretofore made I do declare this to be my last In
witness whereof I the said John Thomas have to this my will
contained in two sheets of paper set my hand to the first sheet
and my hand and seal to the second sheet and my seal to
the Label by which they are together united the sixth day of
December in the year of our Lord one thousand eight hundred
and nine John Thomas Signed sealed published & declared
by the said John Thomas the Test[at]or as & 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 hereunto subscribed
our names as Witnesses Samuel Wade Elizabeth Parker
Benj Strutt
This is a Codicil to the last Will and Testament of me John
Thomas of Wivenhoe in the County of Essex Yeoman whereas
I have in & by my last Will and Testament directed my Exe[cut]ors
to transfer and assign the sum of three hundred pounds part of
the sum of eleven hundred pounds which I have in the stock
called the navy five per cents after the death of my brother
Philip Thomas and Mary his wife unto the six children of
the Rev[eren]d John Garnons of Wivenhoe aforesaid in equal shares
or to their legal representatives now I do hereby revoke the
same bequest & direction & do direct my said Exec[utor]s to transfer
& assign the same to the four children of my brother Philip
Thomas in equal shares or to their legal representatives in the same
manner as i have directed the eight hundred pounds other part of the
same stock to be transferred and whereas I have given and devised by my
will unto Edward Layzell son of James Layzell of Colchester Victualler
deceased a messuage divided into two tenaments with the appurt[enence]s situate
in Hog Lane in Wivenhoe aforesaid and then & now in the tenure or
occupation of John Burr and Robert Murrells their undertenants
or assigns now I do revoke the same and I do give & devise the same
unto John Dyer son of the said Jane & William & to his heirs forever and
I do in all other respects ratify and confirm my said Will in Witness
whereof I have hereunto set my hand and seal the twenty seventh
day of February in the Year of our Lord one thousand eight
hundred and thirteen The mark of (X) John Thomas Signed
sealed published and declared by the said John Thomas as & for a codicil
to his last Will and Testament in the presence of us Benj Strutt
William Bragg The mark of (X) Jane Ship
No Comments
Add a comment about this page