In the name of God amen
I Robert Simmons of Wivenhoe in the County
of Essex yeoman being off sound and disposing
mind memory and understanding (thanks be
given to Almighty God for the same Do make
this my last will and testament in Manor
Following that is to say I give and bequeath
One to Mr Richard Mosely Westhorp of Yoxford
In the county of Suffolk Linen Draper and
Edward Stammers of Fingringhoe in the County
of Essex Miller (my executors here in after
named) three hundred pounds Stock now
Standing in my Name in the Books of the
Governor and company of the Bank of
England in the Stock or Fund called Four
Per Cent Consolidated Annuities In trust that
they the said Richard Mosely Westhorp and
Edward Stammers or the Survivor of them or the
Executors or administrators of such Survivor So
and shall pay the dividends and Interest arising
from the said three hundred pounds Stock unto
my Sister Mary the Wife of Allen Newman of
Wivenhoe aforesaid Mariner for and during the
term of her natural life and I direct that such
Dividends amounting to the sum of twelve pounds
Per Annum shall be paid into the own proper
hand of my said Sister Mary Newman by
equal Monthly payments the first day of every
Month being the Sum of One pound and I
direct that the receipt of my said Sister alone
shall be a Sufficient Discharge to my Executors
for the payment of such monthly sum it
being my Will that the same shall not
be Subject or liable to the Debts or Control
of her said husband about for her own Sole and
Separate Use and Benefit and from and
immediately after the Death of my said Sister
Mary Newman then I will and direct that
the said three hundred pounds stock shall be
sold out by said executors or the Survivor
of them or the Executors or administrators of
such Survivor and the money arising therefrom
I give and bequeath to be equally divided between
all and every my Cousins the said
Edward Stammers, Mary Steward & William
Steward Robert Steward (Children of my said
Sister Mary Newman by her former Husband
Samuel Stammers of Wivenhoe aforesaid Baker
Simmons Stammers (now a Minor) his son
James West of Dover in the county of Kent
Susan the Wife of George Tolloday of Maldon,
James West of Holland Miller Jane the Wife
of Green of Bishop Stortford Cooper
Martha the Wife of William Huntrods of Bishop
Weymouth near Sunderland in the County of
Durham, Sarah wife of Robert Rowls of
East Donyland Bay Miller and William
Everett of Colchester Baker share and share alike
and in case the said Simmons Stammers shall
be under the age of twenty one years at the
time such stock is Sold out as aforesaid then
I will and Direct that his share their of shall
be placed out an Interest by my said Executors
or the Survivor of them his Executors or adm[inistrat]ors
until he attains that Age where the same shall
be paid to him and it is my Will and I do
hereby direct that if it shall happen that
either of them the said Samuel Stammers
and Martha Huntrods shall die before their
respective shares of and in the money arising by
Sale of the said three hundred pounds Stock shall
become Due and payable bearing Child or
Children then I give the part and share or
parts and shares of him or her so dying unto
their respective child or children to be equally
Divided between them share and share alike
when and as such Child or Children shall
respectively attain the age of twenty One
Years but if it shall happen that any or
either of them the said Mary Stuard William
Steward Robert Steward Edward Stammers
Simmons Stammers James West of Dover Susan
Tollody, James West of Holland, Jane Green
Sarah Rowls and William Everett should die
before their respective shares of and in the
said Three hundred Pounds Stock shall become
Due and payable then and in such case I
give and bequeath the part and share and parts
and shares of such of them as shall so die of and
in the said three hundred pounds stock unto the
[interlined]
Survivor of them the said Edward Stammers
Simmons Stammers, James West of Deal Susan
Tollody James West of Holland, Jane Green
Martha Huntrods, Sarah Rowls and William
Everst equally to be divided and amongst such survivors
Share and share alike Also I give and bequeath
unto Elizabeth now servant to Mrs
Elizabeth Sterling of Colchester aforesaid the sum
of twenty pounds of lawful money of Great
Britain also I give and bequeath unto Jemima
Jeffrys also servant to said Mrs Stirling
Some of Five pounds up like lawful money
Also I give and bequeath unto Robert Wass of
Colchester aforesaid said waiter the like sum of Five
pounds I also give to the poor of the Parish of
Saint Peter in Colchester the like some of Five
pounds to be laid out in Bread And to the poor
of Wivenhoe aforesaid I give the like sum of
Five Pounds to be laid out in Bread at two
Different times by the Minister and Churchwardens
of each Parish at their discretion all which legacies
I direct shall be paid by my Executors within
three Months next after my deceased Also I give
and bequeath unto the set Edward Stammers
the sum of Ten Pounds of lawful money for
the Trouble he may have in the Execution of
this my Will and paying my said sister
Mary Newman her monthly allowance which
I request of him to do as my other executor
Mr Westhorp resides at a Distance whereby he will
not have it in his power to attend to the payment
of this Money as it becomes due and I have
to request my said Executors to refer to a paper
writing Signed by me where in I make a
Disposition of my Wearing Apparel and Watch
and also direct in what manner I would wish
my funeral should be conducted and which paper
writing will be found in my possession at the
time of my decease and after payment of my
just Debts the aforesaid several Legacies, my
Funeral Expenses the Charges of proving
and attending the Execution of this my Will
and other incidental Expenses I give and bequeath
all the rest residue and remainder of my personal
Estate and Effects whatsoever and wheresoever
and what Nature or kind soever (except my
said Wearing Apparel and Watch ) to be equally
divided between and among my aforesaid
Relations Edward Stammers Mary Steward
William Steward, Robert Steward Samuel
Stammers, Simmons Stammers, James West
of Deal, Susan Tollody, James West of
Holland, Jane Green Martha Huntrods
Sarah Rowls and William Everett share
and share alike and I direct that in case of
the Death of either of them the said Samuel
Stammers and Martha Huntrods before their
respective shares of residue shall
become Due and payable then I give the part
and share or parts and shares of him or her
so dying to be equally divided between their
Respective Child and Children share and
share alike it like manner as their share
in the money arising by the sale of the three hundred
pounds stock is here in before given and I do
hereby make Nominate and appoint the said
Richard Moseley Westhorp and Edward Stammers
Executors of this my Will and I do declare that
it shall and may be lawful to and for my
said Executors to deduct and take to himself
and themselves out of my personal Estate all
such Costs Charges and Expenses as he or
they shall be put onto in the Execution of this my
Will and that neither of them my said
Executors shall be answerable or accountable
for any other Monies than they shall respectively
actually receive Nor for any loss that may
happen in or to the same Trust premises
unless the same shell be occasioned by his
or their wilful Default nor shall any of them
be answerable for the acts Receipts or Defaults of the
other of them but each of them for his or their
own Acts Receipts and Willful Defaults only and
hereby revoking and making Void all former and
other Will and Wills by me at any time made heretofore made I
Publish and declare this to be my last Will
and Testament In witness whereof I the said
Robert Simmons to this my last will and
Testament Contained in three Sheets of Paper
have to each sheet thereof set my hand and
Seal this Twenty Ninth Day of April in the
Year of Our Lord One thousand Seven hundred
and Ninety three Robert Simmons
Signed Sealed Published and declared by the
said Testator Robert Simmons as and for
his last Will and Testament in the presence
of us who in his presence and his Request and
in the presence of each other have hereunto
Subscribed our Names as Witnesses # Wm
Mason # William Mason Junr
Memorandum respecting
the clothes and Funeral Mr Robert Simmons
made April 25th 1793 I would desire to be buried
at Wivenhoe in Essex to have Pall Bearers
Clergyman Surgeon &c have hatbands and
Gloves the under Bearers 2s/6 each and to have
a stone put over me according as a direction
I have given Mr Walker Stone mason of
Colchester which will Cost about twelve
pounds 12/ all my relations that attend and
have silk Bands and Gloves my wearing
apparel Linnen &cc to my Godson Simmons
Stammers son of of Saml Stammers of Wivenhoe
and my Watch and all that to it belongs to the
said Same Stammers of Wivenhoe Signed the
above date by me Robert Simmons Witness
E: Sterling and R: W: Westhorp
April 30th: 1793 I give unto Mr Richard
Mosley Westthorp the Younger of Yoxford in Suffolk
the sum of ten pounds of good and Lawfull
Money of Great Britain to be paid him Six
Months after my Death Robt Simmons
April 19th: 1795 I give and bequeath to Mr.
William Smith Wine Merchant of Colchester the
Sum of Ten pounds and to Mrs Sarah Stammers
Wife of my cousin Samuel Stammers Baker of
Wivenhoe the sum of ten pounds to be paid
Six Months after my Decease # Robert Simmons
# Ph: Gretton Surgeon Colchester H E: Sterling
Colchester # Signed April 16: 1799 John Smythies Com[misione]r
Whereas I the within named Robert
Simmons have in and by my last will and
Testament in writing bearing date on or about the
twenty ninth Day of April now last past made
nominated and appointed Edward Stammers of
Fingringhoe in the County of Essex Miller (who is
since Dead) one of my Executors Now I the said
Robert Simmons do by this Codicil written on the
Back of the third or last sheet of my said Will
make nominate and appoint William Smith
of Colchester in the said county of Essex Wine
Merchant to be an Executor of my said Will in
the Room of the said Edward Stammers deceased
with the within named Richard Moseley Westthorpe
And I do in all other respects ratify and confirm
my said Will In Witness whereof I the said
Robert Simmons have here unto set my hand and
Seal this Fourth Day of January one thousand
Seven hundred and Ninety Four # Robt Simmons
signed Sealed published and declared by the within name Robert Simmons as and for a
Codicil to his said Will in the presence of us
who in his presence and at his request have
hereunto subscribed our names as Witnesses
William Mason Junr. John Mason
Appeared Personally
Philip Gretton of Colchester the County of Essex
Surgeon and Elizabeth Sterling of the same place
Spinster and Severally made oath that they well
knew Robert Simmons late of Wivenhoe in the
County of Essex deceased for Several Years before and
to the time of his Death which happened on or
about the Eleventh Day of March last as these
Deponents have been informed and verily believe
and were well acquainted with his manner
and character on handwriting and subscription
having frequently seen him write and
Subscribe his Name and having
Carefully perused and inspected the paper writing
here unto annexed purporting to be two Codicils to
the last Will and Testament of the said deceased the
First beginning thus “April 30th 1793 I give unto Mr
Richard Moseley Westhorp the younger ending thus
“to be paid him Six Months after my Death and
thus subscribed Robert Simmons, the Second
beginning thus April 19 1795 I give and bequeath
to Mr William Smith ending thus “to be paid
Six Months after my Death and thus
Subscribed Robt Simmons they the deponents
say that they do verily believe the named
Robert Simmons Severely set and subscribed
of the said Codicil to be of the proper hand
writing and Subscription of the said Robt
Simmons deceased and also the whole body
and Contents of the said Codicil dated April 30th
1793 to be likewise of the said deceased handwriting
and the deponents Further made oath that
it was not until the Sixteenth day of April
last that the Names of these Deponents
were Subscribed by them underneath the
aforesaid Codicil dated April 19th 1795 and that
they so subscribed their Names in consequence
of a commission having issued from the
Prerogative Court of Canterbury for swearing
the executors to the truth of the said Will and
Codicils of the said deceased with a clause therein
to swear certain persons to an affidavit adressed
to the Reverend John Smithies to whom
the deponents having declared that they not
only knew the said deceaseds Handwriting
but were present when the said deceased
Signed two Codicils to his said Will at different
periods (which they depose to have been the fact
and which on inspection on the said 16 of
April last on the aforesaid Codicils they knew
to be such Codicils herein before deposed to the
aforesaid Reverend John Smithies concerning
as he informed the deponents from the said
Circumstances it was not improper for them
the Deponents to Sign their Names as aforesaid
and underneath which the said John Smithies
also subscribed his name as a Commissioner
# Ph: Gretton E Sterling On the Sixth Day of
May 1799 the said Elizabeth Sterling and
Phillip Gretton were duly
Sworn to the truth of this affidavit (by virtue
of the Commissary hereunto annexed Before me
John Smythies Commissioner And I the said
John Smythies the Commissioner aforesaid do
hereby Certify what is herein before deposed to
be true John Smithies Commr
This Will was proved at London with four
Codicils the Eleventh day of May in the year of Our
Lord one thousand seven hundred and ninety
Nine before the Right Honourable Sir William
Wynne Knight Doctor of Laws Master Keeper
or Commissary of the Prerogative Court of Canterbury
lawfully constituted by the Oaths of Richard
Moseley Westthorpe the Executor named in
the said Will and William Smith the Ex[ecut]or
named in the third Codicil to whom Adm[inistrati]on
was granted of all as singular the Goods
Chattles and Credits of the said deceased having
been first sworn by Commission duly to adm[iniste]r
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