444. Stephen BARKER of Wivenhoe, Bricklayer, 1753. D/ACW 30/6/5

This is the Last Will and Testament of me Stephen Barker of Wivenhoe in
The County of Essex Bricklayer being sick & weak in Body but of a Sound mind memory
and understanding (thanks be to Almighty God for the same) made in manner following (that
is to say) Imprimis I Give & Devise unto my Loving wife Ann and her assigns for & during
the Term of her natural Life all that my Freehold Messuage or Tenement & hereditaments
in Wivenhoe aforesaid wherein I now Dwell And immediately from & after her Decease
I give & Devise the same premises with the Appurtenances unto my son John Barker & his
heirs absolutely & for Ever Item I give & Devise unto my sons John Barker & Barnaby
Barker All that my Copyhold Messuages or Tenement & Farm called Leggs & Querem or
otherwise with the Lands Rights Members & Appurtenances thereunto belonging Scituate lying
and being in Wivenhoe aforesaid or in some other parish thereunto near adjoyning now in the
occupation of Mr Geo. Davison To Hold unto my said Sons and their heirs Equally to be Divided between
them and their heirs as Tenants in Common and not as joint tenants Nevertheless my
mind & will is that the last mentioned devise is upon this Express condition that my said
sons & their heirs shall peaceably permit and suffer my said wife & her assigns for her Life
either to receive the Rents Issues & profits of the said prem[is]es Last mentioned Entirely to her own
use or otherwise pay to my said wife or her assigns for her Life the clear half yearly proffitts
arising from the said premises Last mentioned and that without any Deduction for the
Fine occasioned by their Admission But if my said sons or their heirs or either or any of
Them shall neglect or refuse to perform this my Will That then & in either of the said Cases I
Give & Devise the said premises Last mentioned so far as relates to him or them so neglecting or refusing
After Demand made in writing for the purpose unto my said wife her heirs & assigns absolutely
and for Ever Anything herein before contained to the contrary notwithstanding Item I Give and
Devise unto my said son John and his heirs for Ever all those my three messuages Tenements
or Cottages being Copyhold with the Lands & Hereditaments thereunto belonging scituate lying &
being near the Kings Arms at Wivenhoe Cross in Essex which I purchased of Roger Madder
Nevertheless my mind & will is that the Last mentioned Devise is upon this Express Condition that
my said son John shall peaceably permit & suffer my said wife & her Assigns for her Life either
to receive the Rents Issues & profits of the said premises Last mentioned Entirely to her own use
or otherwise pay to my said wife or her Assigns for her Life the clear half yearly profitts arising from
the said premises Last mentioned and that without any Deduction for the fine occasioned by their
Admission But if my said son John & his heirs or either or any of them shall neglect or refuse
to perform this my Will That then and in either of the said cases I Give and devise the said
premises Last mentioned unto my said wife her heirs & assigns absolutely & for Ever Any
thing herein contained to the contrary notwithstanding Item I Give and Devise to my
said son Barnaby & his heirs for Ever All that my Copyhold messuages or Tenement & Granary Chamber
with the rights members & Appurtenances thereunto belonging which I purchased of Samuel Johnson
scituate lying & being in Wivenhoe aforesaid Item after paying my Just Debts I give & bequeath
all my personal Estate whatsoever & wheresoever unto my said wife And Lastly I do hereby
nominate & appoint my said wife sole executrix of this my will so revoking all former wills
by me at any time heretofore made I do declare this to be my Last In witness whereof I the said
Stephen Barker have to this my Last Will & Testament contained in this sheet of paper sett my
Hand & seal this Twentieth Day of October in the yewar of our Lord One thousand seven hundred &
Fifty two

Stephen Barker

Signed Sealed published & declared by the said Stephen Barker the
Testator & for his Last will & Testament in the presence of us & by us attested in his presence

Jno Bartholomew
Isaac Abbott
Samuel Wall.

February the 23^rd 1753
The within named Ann Barker the Sole Executrix
Within named was duly Sworn before me
Phil: Morant
Surrogate

Proved the 22^nd Day of March in the year of our Lord 1753
Before the Revd Philip Morant Clk A:M: lawful Surrogate
By the Oath of Ann Barker Widow the Relict of the deceased
And sole Executrix to whom admon was granted she
Being first sworn to duly admr