This is the last Will and Testament of me Benjamin
Ham of Wivenhoe in the County of Essex yeoman as follows I give and devise unto my
Granddaughter Susannah Browne All that my Copyhold Estate in Wivenhoe aforesaid
which I purchased of one Pearce a Carpenter now divided into four Tenements and in the
several occupations of Abraham Ham the Widow Burridge the Widow Long and the Widow
Cleave To hold the same to my said Grandaughter Susannah Brown her heirs and
assigns for ever Subject nevertheless and I do hereby charge the same with the payment of
one annuity or yearly rent charge of two pounds ten shillings to be paid and payable to
my daughter Elizabeth Hannah Browne during the natural life of Elizabeth my Wife
only (and no longer) to be paid to her by half yearly payments The first to commence
at the end of Six months next after my decease Also I give and devise unto my Son
in law William Brown of Wivenhoe aforesaid Twine Spinner and John Smith
of the same place Miller All that my Messuage with the Ground and appurtenances
in Wivenhoe aforesaid now in my own occupation being also copyhold of the Manor
of Wivenhoe To hold the said last mentioned premises unto and to the use of the said
William Brown and John Smith their heirs and assigns upon the several Trusts
nevertheless and to and for the several ends intents and purposes following (that is to
say) Upon trust to pay and apply the Annual Sum of Two pounds ten shillings
by and out of the Rents and profits of the same hereditaments and premises unto and
for the use and benefit of my said daughter Elizabeth Hannah Browne for and
during the natural life of my said wife only (subject nevertheless and my mind
and will is that my said wife Elizabeth Ham shall have free liberty to reside in
and occupy the said Dwellinghouse and premises during her life if she thinks
proper paying a reasonable Rent for the same And as to the reside of the said
Rents issues and profits from and after my decease and the whole the of from
and after my decease and the whole thereof from and after the death of my
said wife upon trust to pay and apply the same from time to time when and
as the same shall become due and be received into the proper hands of my
said Grandaughter Mary Ann now the wife of Robert Bare now or late of
Chelmsford in the said County Fishmonger for her sole and separate use exclusive
of her present or any future husband and so as the same shall not be subject
or liable to the debts control or engagements of her said present or any future
husband and for that purpose I will and direct that the receipt or receipt of her
my said Grandaughter shall (alone notwithstanding her present or any future coverture) be good and sufficient discharges for the
same respectively and from and after the decease of my said Grandaughter
Upon Trust that they my said Trustees or the service of them or the Heirs
Wm Riddelsdell
Benjn Ham
of such survivor do and shall as soon as conveniently may be sell and dispose of the
said last mentioned premises either by Public Sale or private Contract at or for the best
price or prices that can be reasonably gotten for the same And I will and direct
that the receipt or receipt of my said Trustees or the Survivor of them or the heirs
of such Survivor for the purchase Money so to arise from the Sale of the said last
mentioned premises shall be a good and sufficient discharge or good and
sufficient discharges thereof respectively And that such purchaser or purchasers
after such Receipt or Receipts given shall not be answerable or accountable for any
loss or misapplication of the said purchase moneys or any of them nor be any
way concerned to see to the application thereof And as to the monies to arise
from such Sale or Sales upon Trust that they my said Trustees or the Survivor
of them his Executors or administrators do and shall as soon as conveniently may
be lay out and invest the said monies in their or one of their names on good
Government or Real Security at Interest and stand possessed of and interested
in the same Monies and the Stocks funds or securities wherein or whereon the
same may be invested upon Trust to and for the only Benefit and advantage
of all and every the child or children of my said Grandaughter Mary Ann
Bare lawfully begotten or to be begotten equally to be divided between them.
share and share alike the share or respective shares of the said Children to
be paid or made over to them respectively when and as they shall severally
attain the age of twenty one years provided nevertheless that if any or either
of her said children shall happen to die under the said age of twenty one years
without leaving lawful issue Then I will and direct that the share or portion
of him her or them so dying shall go and accrue to the Survivors or Survivor
of such Children and be equally divided between such survivors if more than
one share and share a like And that such surviving or accruing share or share.
shall again be subject or liable to the same benefit of survivorship to and amongst
the Survivor or survivors of the same children and the issue lawfully to be
begotten of any deceased child or children as the original shares the issue of
any deceased child or children to take only amongst them in respect of the share
or shares of which his & her or their deceased parent or parents would have
been entitled if living to be divided amongst such issue if more than one share
and share alive And if all her said Children but one shall happen to die
under the age of twenty one years without leaving issue as aforesaid Then
upon Trust to pay and transfer the whole of the said Trust monies or Securities
wherein or whereon the same may be invested unto such surviving Child his
Benj. Ham
Witness
H. Sarjeant
Wm Riddelsdell
or her executors and administrators and I will that in the mean time from and
after the decease of my said Grandaughter until such Child or Children shall attain
his or her age or ages of twenty one years that it shall and may be lawful for my said
Trustees or the Survivor of them his executors or administrators to apply the profits and
produce Interest and Dividends of my said Trust monies and securities for their
respective maintenance cloathing and bringing up as they my said Trustees
the Surveyor of them his executors or administrators shall in their or his discretion
think necessary or proper I give to my said wife Elizabeth the use but not the
property of my Household Goods and Furniture plate Linen and China for her
Life Also I give and advise unto my Grandson William Browne and to his
heirs and assigns for ever All those four copyhold Tenements with the
Appurtenances in Wivenhoe aforesaid now occupied by Daniel Barrell William
Grant, the Widow West and Isaac Hall and which I purchased of Richard Stone
charged nevertheless with the payment of the like Annuity or yearly rent charge
of Two pounds ten shillings to my said daughter Elizabeth Hannah Browne
during the life of my said wife Elizabeth by half yearly payments as aforesaid
Also I give and devise unto my Grandaughter Sarah Browne her heirs and
assigns for ever All that my Copyhold Estate with the Appurtenances in
Wivenhoe bought of Jacob Candler now divided into three Tenements and in the
several occupations of Robert Murrells, James Snood and William Fisk Subject
nevertheless to the payment of the like Annuity or Rent charge of Two pounds ten
shillings to my said Daughter Elizabeth Hannah Browne during the life of my said
wife by half yearly payments as aforesaid and I do give to my Executors Five
pounds each for their trouble over and
payment of all my just debts general expences the charges of proving and executing
this my will and other incidental expences I give and bequeath all the
residue and remainder of my personal Estate and Effects whatsoever unto and
amongst all the children of my said Daughter Elizabeth Hannah Browne
share and share alike at their respective ages of twenty one years and in
case of the death of any or either of them under age and without lawful issue the
share or shares of the party or parties so dying to go to the Survivor or
Surivors of them if more than one share and share alike and I do hereby
declare that it shall and may be lawful to and for my said Trustees
and Executors and every of them to deduct and retain out of the monies by
virtue of this my will as shall come to their respective hands all losses cost
charges and expences whatsoever which they or either of them shall expend be put
Benj. Ham
Wm. Riddelsdell
J G Sarjeant
Unto or sustain in or about the execution and performance of this my will
Or the Trusts thereof And that they my said Trustees and Executors or any
Of them shall not be answerable or accountable for any more of the Trust
Monies then shall actually come to their respective hands by virtue of this my
Will nor for any loss or damage which may happen to the same Trust
Monies or any of them but with their respective wilful default nor the one
For the other of them but each of them for his and their own acts Deeds
Receipts and wilful Default And I nominate and appoint the said
William Browne and John Smith Executors of this my will and
Revoking all others do declare this to be my last Will and
Testament contained in four sheets of Paper set my hand to the first
Three sheets of paper and my hand and seal to the fourth and last
Sheet thereof the eleventh day of November in the year of our Lord One
Thousand eight hundred and twenty six
Signed sealed Published and Declared by the
Said Benjamin Ham 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 hereunto subscribed our names
as witnesses
J G Sarjeant
Wm Riddelsdell
the Twenty sixth day of June 1829.
William Browne and John Smith the Executors within named were sworn
to the truth of this Will and to the true performance thereof and that to the
best of their knowledge and belief the amount of the Personal Estate of the
deceased is under the sum of Fifty Pounds.
Before me
John Dakins
Surrogate
The Testator died in the parish
of Wivenhoe on the Fourth day
of February 1829.
Proved on the 27th Day of July in the year of an Lord 1829 before the
Revd Jno Dakins Clk Surrog & by the Oaths of William Browne
and John Smith the Extors to whom Admn &c. was granted they
being first Sworn duly to admr
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