569. William HEATH of Wivenhoe, Oyster Merchant, 1840. D/ACW 43/6/4

In the Name of God Amen
I William Heath of Wivenhoe in the County of Essex Oyster Merchant Do make
Publish and declare my last will and testament in manner following (that is to say) I Give
Devise and Bequeath unto my dear wife Elizabeth Heath All that my Freehold
messuage or tenement wherein I now reside with the outbuildings yards gardens and
appurtenances to the same belonging situate lying and being in Wivenhoe aforesaid And also
all that my smack or vessel called the Anne of Colchester with the skiffs, boats, oars and
appurtenances and also all and singular my household Furniture Plate Linen China
Book and other Debts To hold the same unto my said wife her Heirs excutors
Administrators and assigns for ever according to the nature and quality thereof subject
Nevertheless to the payment of all my just Debts Funeral and Testamentary expenses and if the
Legacy or sum of twenty five pounds which I give and bequeath to my daughter Sarah
Sadler to and for her own absolute use and benefit and [?] the same to be paid to her
As soon as convenient after my Decease and I give devise and bequeath unto my said
Wife Elizabeth Heath all those my two customary or copyhold Oyster layings called
Southgate Fleet and held of the Manor of Tolleshunt Gynes? Otherwise Tolleshunt
Bouchiers and also all that my Smack or Vessel called the Oyster of Colchester to hold to her
my said wife and her assigns for and during the term of her natural life and from and
after her decease I give devise and bequeath the same Oyster layings and smack called
the Oyster unto and between such of my three children named Elizabeth Candler, Charles
Heath and Mary Ann Heath as shall be living at the time of my said Wife’s Decease his her
or their Heirs Executors Administrators or assigns as Tenants in Common and not as joint
Tenants and as to all the rest residue and remainder of my said personal Estate and
Effects I give and bequeath the same unto my said Wife absolutely and I nominate
And appoint my said wife and Thomas Jefferies of Brightlingsea in the said County of
Essex oyster merchant executrix and executor of this my will hereby revoking all former
Wills by [me] made and declare this alone to be and contain my last will and
Testament In Witness whereof I have hereunto set my hand and seal this twenty
Ninth day of June one thousand eight hundred and thirty five

William Heath

Signed Sealed Published and Declared by the said Testator
As and for his last will and Testament in the presence of
Us who have hereunto at his request in his presence and in
The presence of each other subscribed our names as Witnesses

Geo Hearn
H Howard
H Hearn

Elizabeth Heath the Executrix within named was sworn
To the truth of this will and to the true performance thereof and
That to the best of her knowledge and belief the goods chattels
And credits of the deceased do not amount to the sum of
Three hundred pounds. – Power being reserved to Thomas
Jefferies the Executor within named

The Testator died in the parish of
Wivenhoe in Essex on the first
Day of September 1839

Proved 22^nd January 1840 before the Revd Samuel Carr Clk
Surrog : &c by the oath of Elizabeth Heath one of the Exors to whom Admon
&c was granted she being first sworn duly to adminr power being
Reserved &c to Thomas Jefferies the other Exor when he shall lawfully apply
For the same.
by Elizabeth Heath.