449. Sarah FENWICK of Wivenhoe, Widow, 1756. D/ACW 30/9/5

n the Name of God Amen I Sarah Fenwick of
Wivenhoe in the County of Essex Widow being weak in Body but of Sound
Anf perfect Mind memory and understanding Do make my Last Will and
Testament in manner following (that is to say) First and prinvipally I
Resign my soul into the hands of Almighty God and my Body I comit to
The Earth to be decently Buried at the Discretion of my Executors herein
=after named, And as for such wordly Estate God of his Infinite Goodness
Has bestowed upon me I Dispose thereof as follows First I Give and Devise
unto my son in Law William Rust of Wivenhoe aforesaid Baker for and
during the Term of his natural Life All those my Copyhold Lands and
Tenements Customary and Heriotable called Woodlands with the
appurtenances and held of the Mannor of Wivenhoe by Copy of
Court Roll And also all those my two Copyhold Messuages or Tenements
called pupletts lying in Wivenhoe Street and held of the said Mannor of
Wivenhoe by Copy of Court Roll And also all other my Messuages Lands
Tenements Hereditaments and Premises with their and every of thei
Appurtenances whether they be Freehold Copyhold Leasehold or Charterhold
And wheresoever the same are scituate lying and being And from and
Immediately after his Decease I Give and Devise all and singular the
aforesaid premises with their Appurtenances unto my Daughter Mary
the now wife of the said William Rust for and during the Term of her
natural Life And immediately from and after the decease of the
Survivor of them my said son in law William Rust and Mary his wife
I Give Devise and Bequeath all the premises aforesaid with their
Appurtenances unto my good Friends Robert Martin of East Donyland
In the said County of Essex Esquire and John Kirby of Colchester in the said
County Esquire and to their Heirs Upon the several Trusts and under
the Conditions hereinafter mentioned and also for preserving the contingent

Uses and Estates hereinafter Limited from being defeated or destroyed
(that is to say) In trust nevertheless to sell the same as soon as the
Youngest Child of my said Daughter Mary Rust now begotten or hereafter
To be begotten on her Body by the said William Rust whether son or
Daughter shall have attained the Age of Twenty one years the best
price that can be gotten for the same and the money arising by such sale
to be equally divided between all my said Daughters Children Lawfully
begotten or to be begotten as aforesaid share and share alike And in case
any or either of my said Daughters Children shall happen to depart this
Life under age unmarried and without Lawful Issue of their Bodys that
Then the part share or proportion of him her or them so dying shall go
And be equally divided to and amongst the survivors or survivor of
Him her or them so dying And if all my said daughters Children shall
dye under age unmarried and without Lawful Issue Then I Give
Devise and Bequeath all and singular the premises aforesaid with their
Appurtenances unto my Sister Susannah Whitley and her Heirs
for ever Also I Give and Bequeath unto my Grandson
Fenwick Rust one Silver mug Also I Give unto my Grandson William
Rust One Silver Watch two pairs of Silver Buckles and a Silver punch Ladle
Also I Give and Bequeath unto Ann Rust One Gold Ring Also I Give
and Bequeath unto my Neice Susanna Whitley one other Gold Ring
And All the the Rest and Residue of my Real and personal Estate of
what nature or kind soever and wheresoever not hereinbefore Disposed
of after payment of my Just Debts Funeral Charges and the Charges of proving
this my Will I Give Devise and Bequeath my said
Daughter Mary Rust for her sole and seperate use and benefit to do
as she please with without her Husbands intermedling therewith

And my mind and will further is that the Timber Trees now standing
growing and being on the Copyhold Lands and premises now in the ccupation
of Robert Balls or his Assigns shall not be Felled or Cut down until the
Expiration of the Term of his Lease But I do Order and direct that the same
Timber Trees shall be then Felled Cut down and sold for the best price
that can be got for the same and the money arising by such sale I Will
shall be paid into the hands of my Executors hereinafter named And to
be by them applyed for and towards putting out all my Grandsons
apprentice to such Trade or Business and to such person or persons as
shall be approved of by my said Executors when my said Grandsons
are at a suitable age for that purpose And I do hereby make Constitute
and appoint the said Robert Martin and John Kirby Executors of this my
Will who are pleased to accept of the said Trusts and to take upon them
The Burthen of the Execution thereof and whom I will shall not be
Accountable for the loss of any money or other thing intrusted to their
Care without their wilful default and hereby revoking and making
Void all former and other wills and Testaments by me at any time
Heretofore made I Do Declare this only to be my Last In Witness
Whereof I the said Testatrix Sarah Fenwick have to this my last Will
And Testament contained in three sheets of paper to each sheet thereof
Set my hand and seal this Twenty Second Day of May in the year of our
Lord One thousand Seven hundred and fifty five

Sarah Fenwick

Signed Sealed published and Declared by the said
Testatrix Sarah Fenwick as and for her Last Will and
Testament in the presence of us who at her request
And in her presence have subscribed our names
As Witnesses thereunto in the presence of each other
Leon[ar]d Kilham
Jno Harv ey
Robt Mayhew.

March 30^th 1756 mr John Kirby the w[i]thin named Executor was sworn
To the truth of the premises & faithfully to Execute the same etc

Geo: Kilby
surrogate

Proved the third day of April in the Year of our Lord 1756 before the Revd
George Kilby Clerk lawfull Surrogate by the Oath of John Kirby one
Of the Executors to whom administration of all and singular the Goods
Chattels and Credits of the said deceased was granted and committed he
Being first sworn duly to administer, power being reserv’d of making the
Like Grant to Robert Martin the other Executor when he shall apply for
The same