525. Philip LAY of Wivenhoe, Innkeeper, 1800. PROB11/1351

In the name of God amen
I Philip Lay of Wivenhoe in the County of Essex
Innkeeper being Diseased in body but of Sound Mind
memory and understanding do make this my last Will
and Testament in manner and form following I do
give and devise unto my wife Mary Lay all that
my Freehold Messuage or Tenement with the Yards
Gardens hereditaments and appurtenances thereto
belonging situate lying and being in Wivenhoe afores[ai]d
and now in the occupation of        Drake Widow
and also all that my Freehold Cottage or Tenement
situate lying and being in Langenhoe in the said County
with the Yards Gardens Heredits and appurt[enance]s thereto
belonging as the same is now in the occupation
of Daniel Davy or his assigns to hold the said
Messuage your tenement and Cottage to my said
Wife Mary Lay and her assigns during the term
of her natural life she keeping the same in good
and tenable repair and from and immediately after
her decease I do give and devise the said Messuage
or Tenement and Cottage with the respective appurt[enance]s
situate in Wivenhoe and Langenhoe aforesaid
unto my son Sarjant Lay and my Son in Law
William Shave and that Survivor of them and
the Heirs of such Survivor to hold the same to
them the said Sarjant Lay and William Shave

and the survivor of them and the heirs of such
survivor forever
Upon trust that they the said Sarjant Lay and
William Shave or the survivor
of them or their Heirs of such survivor shall and
do      with all convenience speed after the decease of my
s[ai]d wife Mary Lay make Sale of the Messuage or Tenement
and Cottage for the best price that can be
gotten for the same and the Money arising
thereby I do direct and order to be paid to
my daughter Mary the wife of the said
William Shave and my son the said Sarjant
Lay William Lay and Benjamin Lay in equal
shares and proportions and to the legal
Representatives of my said Daughter and sons to
and for their respective and absolute use and
disposal and I do give and bequeath unto my son the
said Sarjant Lay all my son in law William Shave
and the Survivor of them and the Executors and
Administrators of such Survivor all that my stock
standing in the Funds called the South Sea Old
Annuities being four hundred pounds left to Mary
Lay my Wife by the last Will and Testament of
Matthew Sarjant deceased and also I do direct
them to place out all such Sum and
Sums of Money they may receive of and from
the persons contained in the sttlement of the
affairs of Daniel Page and which shall be due and
owing or payable to me in consequence of a Bond
for the Sum of One hundred pounds and Interest
many years since by him made and executed to my
Father Philip Lay deceased in the said Funds called
the South Sea Old Annuities in their names or in
the names of the Survivor of them or the Executors
or administrators of such survivor In trust and I do
direct them to pay apply and dispose of the Interest
proceed and dividends arising from the said stock
of four hundred pounds and Moneys to be
placed out as aforesaid unto my Wife Mary Lay
during the term of her natural life and from and
immediately after her decease I do order and direct
them the said Sarjant Lay and William Shave
and the survivor of them and the Executors and
admin[istrat]ors of such Survivor do assign and transfer
the said Stock of Four hundred pounds and all
such additional Stock so as aforesaid by them to
be purchased together with the accruing Interest proceed
and dividends thereof unto my said Daughter
Mary Shave the Wife of the said William
Shave Sarjant Lay William Lay and Benjamin
Lay in equal shares and proportions and to the

Legal Representatives of my said Daughter and
Sons to and for their respective and absolute use
and disposal and whereas having already to the
best of my power and ability provided for my
hereinbefore named Sons by causing them to be
Instructed in the trades they now follow but not
yet made any provision for my Youngest Son John
Serjant Lay and also having in my present Lease
of the Falcon Inn which I now occupy covenanted
to keep the same in trade and to the use as an Inn
during the continuance of the said lease I am desirous
thereout of making some provision for my said
youngest Son and in order to effect that purpose I do
direct my Executors with all convenient speed after my
decease to make an Inventory and appraisement
of all my Stock in Trade Goods Chattels and Household
Furniture and of all my Brewing Utensils and other
Effects in use by me or appertaining to the said Inn
and I do Give and Bequeath the same to them
together with the Lease of the said house In
trust that they permit and suffer my said son John
Sarjant Lay and my said Wife Mary Lay to have
the use of such Stock in Trade Goods Chattels and
Household Furniture Brewing Utensils and other
Effects and to reside in and conduct the Business of
the said Inn during the Minority of my said son John
Sarjant Lay in case the said Mary Lay shall
remain a Widow and conduct herself properly
therein to the satisfaction of my Executors and to
advantage of my said Son and I do direct them
weekly or otherwise to account with the said Mary
Lay and my said son John Sarjant Lay for
all the Rents and Profits of the said Inn or
otherwise accruing from the said Stock Goods and
Chattels and to Exercise the same and also to
have the Management and superintendance of
all matters and things relating to the said Inn
and the Business there during such Minority of my
said Son and further I do order and direct there
out of the profits arising from the trade and
Business of the said Inn to pay to my said
son John Sarjant Lay yearly during his
Minority the sum of fifteen pounds by half
yearly Payments for the purpose of his providing
himself with cloathes or for Pocket Money and after
my said son John Sarjant Lay shall have attained his
age of twenty one years I do order and direct my
said Executors to yield and deliver up to him the
complete and full possession of the said Inn and
all the then Stock Goods Chattels Household

Furniture Brewing utensils and effects according to the
Inventory taken or as near as may be and I do
Give and Bequeath the same together with the Lease
of the said Inn to my said John Sarjant Lay to
and for his own absolute and disposal and as it is
my Intention to dispose of all my Estate and Effects
as equally as may be to and amongst all my children
I do order and direct that my said son John Sarjant
Lay shall as soon as he shall have arrived at his
age of twenty one years pay to each of my four
children Mary Shave the wife of William Shave
Serjant Lay William Lay and Benjamin Lay the
sum of Fifty pounds each of lawful Money of Great
Britain or give good and sufficient Security for the
payment of the same to my said Children respectively
And in default there of I do authorize and
empower my Executors hereinafter named to Sell and
Dispose of so much of the said Stock Goods Chattels
and other Effects as shall be sufficient to pay and
discharge such respective Sums of Money and I do
order and direct them to pay the same two my said
Children accordingly or to their legal Representatives
And as to all the Rest Residue and Remainder of
my Personal Estate and Effects after payment of all
my Just debts Funeral charges and the charges of
proving this my Will I give the same to and amongst
all my said Children in equal shares and proportions
to be divided and I do declare it is my Will
and intention that the devise hereinbefore by me made
to my said wife Mary Lay shall be in lieu of her
dower and thirds at Common Law and that she
shall have together with my son their living in
the said Inn without paying anything therefore
as a recompence for the trouble and care they
may be at in conducting the Business thereof during
such Minority of my son John Sarjant Lay and no
longer and I do Nominate and appoint my said
son Sarjant Lay and my Son in law William
Shave Executors of this my Will and do Publish
and declare the same to be and contain my
last Will and revoke all others by
me at any time heretofore made In the witness
whereof I the said Philip Lay the Testator have
to this my Will contained in three sheets of paper
set my hand to the two first sheets my hand
and seal to the third sheet and my seal to the
label by which they are affixed together this
eighth day of September in the year of Our Lord
One thousand Seven hundred and Ninety Seven
Phillip Lay Signed Sealed Published and declared by.

the said Testator Phillip Lay 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 set and subscribed our
names as Witnesses hereto the words in equal
shares and proportions between the twentieth
and twenty first lines of the first sheet being
first Interlined Benjn Smith Junr Saml Palgrave Benjn Strutt

This Will was proved at
London on the Sixteenth day of December in the
Year of Our Lord One thousand eight hundred
before the Right Honourable  Sir
William Wynne Knight Doctor of Laws and Master
Keeper or Commissary of the  Prerogative Court of
Canterbury lawfully constituted by the Oaths of
Sarjant Lay the son of the deceased and William
Shave the Executors named in the said Will to
whom administration was granted of all and
singular the Goods Chattels and Credits of the
said deceased having been first sworn by Commission
duly to administer.