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Freehold Titles (ERO D/DPr464 Geo Biddulph's will)

18.5.1720 (Wednesday 18 May 1720)

document 29800022

in the name of god amen I Geo Biddulph of Earls Colne in the county of Essex esq being in health and of good and perfect memory and understanding blessed be almighty god and considering the uncertainty of this life I do make this my last will and testament in manner following imprimis I will my dear and loving wife Frances Biddulph shall quietly enjoy all and singular the messuages lands tenements and hereditaments settled upon her as her jointure free and clear freely and clearly discharged or saved harmless of and from all annuities rent charge dower payments or other incumbrances whatsoever parliamentary taxes only excepted for term of her natural life item I give and bequeath unto my said wife all and singular the arrears of rent which shall be due and owing at the time of my decease issuing or payable out of her jointure lands and also all my plate her apparel watch rings other furniture of her body and such other household goods as she shall make choice of within two months after my decease all which chattels I declare sh all not be liable or as assets in my executors hands and also I give unto my said wife the sum of 100li of lawful money to be paid unto her within one year after my decease item I give unto my brother Rich Androwes esq the like sum of 100li to be paid within one year after my decease for his great care and expense in managing my affairs item I give to my mother mrs Androwes my sister Dorothy Wale and sister Parish 15li apiece to buy them mourning item I give to my brother and sister Westley 30li and to my brother and sister Spiller 30li and to my nephew Geo Biddulph 10li to buy them mourning and I give to my nephew Jn Wale and to my niece Ann Holgate 5li apiece item I give and devise all that my manor of Polesworth with the right members and appurtenances in the county of Warwick and all and every my messuages lands tenements and hereditaments whatsoever situate lying and being within the parish precincts and limits of Polesworth a forest or elsewhere in the said county of Warwick in possession and reversion as well freehold and leasehold unto my said brother Rich Androwes and my brother Jn Wale of Walden in the county of Essex esq and their heirs and assigns in trust nevertheless for the performance of this my will that they the said Rich Androwes and Jn Wale the survivor of them his heirs or assigns shall raise and pay out of the rents and profits thereof half yearly unto my uncle Robt Biddulph of Pyrehall esq his annuity of 60li per annum subject to taxes charged upon the premises in and by the will of my late grandfather Biddulph deceased and his coal rents in pursuance of the covenants of the lease and also that they pay thereunto unto my mother in law mrs Biddulph of Nottingham her dowry as settled by decree in chancery and also the school rent and composition and or modus for titles and other incident charges Geo Biddulph item I will that the said Rich Androwes and Jn Wale or the survivor of them his heirs or assigns shall and may they or any of them shall see convenient as well by sale of timber as by demising granting or mortgaging all or any part of the manor messuages lands and premises herein before devised or by absolute sale thereof or any part or parcel thereof in fee simple raise and advance from time to time such sum and sums of money as shall wholly pay and discharge all such debts of what nature or kind to ever they be which I now owe or shall owe at the time of my decease and all the legacies herein by me given funeral charges and probate of this my will and charged and chargeable nevertheless as aforesaid or as to so much thereof as shall remain unsold in trust for such child or children as I shall have living at the time of my decease or that my said wife shall then be enceinte with all and their heirs and for want of such issue in trust to my nephew Geo Biddulph son of my brother Chas Biddulph deceased for term of ninety nine years in case he shall so long live and from and after the determination of that estate in trust for the first son of the body of the said Geo my nephew lawfully to be begotten and the heirs male of the body of such first son lawfully issuing and for default of such issue for the second son of the body of the said Geo Biddulph lawfully to be begotten and the heirs male of such second son lawfully issuing and from default of such issue to the third and all and every other of the son and sons of the body of the said Geo Biddulph lawfully to be begotten severally and successively one after another in order and succession as they shall happen to be in seniority of age and priority if birth and the several and respective heirs male of their several and respective bodies lawfully issuing every eldest of such sons and the heirs male of his body being always preferred before the younger of such sons and the heirs male of his and their bodies and upon failure of such issue as aforesaid that then the said Rich Androwes and Jn Wale their heirs and assigns shall stand interrupted of and in all my said manor messuages lands tenements and hereditaments or as to so much thereof as shall be by them or the survivor of them or the heirs of the survivor of them and sold charged and chargeable as aforesaid to the daughter and daughters of the said Geo Biddulph my nephew lawfully to be begotten and my sisters Lucy Westley and Ann Spiller and their heirs forever as tenants in common and not as joint tenants and my will and meaning further is that my said manor and other the lands hereditaments and premises in Polesworth aforesaid which shall remain unsold shall after the decease of my said mother in law mrs Biddulph become charged and chargeable with the payment of 20li per annum unto my sister Lucy Westley to be paid unto her by half yearly equal payments during the term of her natural life or until the said Lucy be in possession of her share of the said premises on failure of issue male of my said nephew Geo Biddulph and also shall after the decease of my said wife stand further charged and chargeable with the payment of 30li per annum unto my said sister Lucy Westley to be paid unto her by half yearly equal payments during the term of her natural life or until the said Lucy shall be in possession of her share of the premises and it is my will and meaning that my said nephew Geo Biddulph shall have full part and lawful authority by any deed or deeds writing or writings under his own proper hand and seal subscribed and sealed in the presence of three or more credible witnesses to assign limit and appoint to the use of or in trust for any woman that shall be the wife of the said Geo Biddulph as well before as after his marriage with such woman for and during the natural life of such woman or for any number of years determinable on the death of such woman for and in lieu or name of her jointure also any of the said land tenements and hereditaments and premises in Polesworth aforesaid remaining unsold subject nevertheless to the charges and incumbrances herein before mentioned and I do hereby declare that it is my will and meaning that it shall and maybe lawful to and for the said Rich Androwes and Jn Wale and the survivor of them his heirs and assigns from time to time by any writing or writings indented under his or their hands and seal certified in the presence of two or more credible witnesses to make or render any lease or leases for ninety and nine years terminable in three lives of such part of the premises as have been usually been let so provided that the rent referred therein to the same or not less than has been the space of forty years last past and the fines or income given to the same be applied to the uses herein before and after mentioned and to make lease of the other lands and premises not usually let for lives for any term of years not exceeding one and twenty years for the most improved rent which at the time of making thereof may be gotten for the same and also that my said nephew Biddulph shall have the like liberty of making leases after that he shall have arrived at his full age of 21yr and be in possession of the premises and during his minority I do desire my said brothers Androwes and Wale or one of them to take the care of my nephew Geo Biddulph upon them and to allow him out of my Polesworth estate for and towards his maintenance any sum not exceeding 21li per annum until he is 18yr of age and from and after that age to enlarge his allowance as he or they shall think fit and to place him out apprentice and to advance such sum of money as they or either of them shall think proper or to give him such other education at their discretion and I do further declare it to be my will and meaning that the said Rich Androwes and Jn Wale and the survivor of them and heirs executors or administrators of such survivor shall not be charged or be chargeable with loss or rent unless it be by their fraud or lawful neglect nor the receipts of the other and that they shall from time to time retain to him and themselves out of my said estate and to his and their own use also such sum and sums of money charged and expended whatsoever as they or any of them shall expend or be put unto in or about the executorship of this my will and I do will to be paid out of my said Polesworth estate unto the said Rich Androwes and Jn Wale or to him that is receiving the rent and managing the estate 20li per annum for his and their care and trouble and for so long time he or they shall be concerned therein item I give and devise all and singular my messuages lands and tenements and hereditaments soever late the estate of my grandfather mr Geo Wale deceased situate lying and being in Radwinter in the county of Essex aforesaid in case I die without issue unto my said brother in law Jn Wale his heirs and assigns forever not only on account of relation for the many services and favours received from him in the managing of my affairs subject and chargeable nevertheless with the payment of 50li per annum unto my sister Ann Spiller which said yearly sum or rent charge I will to be paid by half yearly equal payments to my said sister Ann during the term of her natural life or until she shall be in possession of her share of the Polesworth estate on failure of issue male of my said nephew Biddulph as aforesaid for her separate use without any account to the said Edw Spiller her husband to be given of or for the same and towards her own maintenance and not to be paid to her said husband nor to be subject to any deposition charge or incumbrance of her said husband to be for the sole and separate use of the said Ann Spiller and my will further is that the receipts and acquittance from time to time of the said Ann Spiller notwithstanding her coverture for the said monies hereby appointed to be paid by her signed with her own proper hand or by such person or persons as she by any note writing or writings shall from time to time appoint to receive the same shall be sufficient to discharge and acquit the said Jn Wale his heirs and assigns for all such monies as shall be so paid my will and meaning further is that in case the said Ann Spiller shall not be in possession of part of the Polesworth estate on failure of issue male of my said nephew Biddulph as aforesaid at any time during her life that then from and after the deceas e of the said Ann and not otherwise the said Radwinter estate shall stand charged and chargeable with the payment of the full sum of 1000li of lawful money to be paid unto the child or children of the said Ann as shall be living at the time of her decease equally share and share alike as they shall respectively arrive at their age of 21yr with legal interest to the same in the mean time and if any of the said children shall die before the time of payment the shares of such child and children so dying to be paid unto the survivors or survivor of them item I give unto my said brother Wale the picture of my grandfather Wale Hollingshed and Speed's chronicles and Dugdales history of Warwickshire and I will that the wrought bed and furniture and tapestry hangings at Polesworth Hall together with the pictures there belong to the family shall go and be as heirlooms and descend to those who shall be in possession of the same esta te and lastly all the rest and residue of my goods chattels and personal estate whatsoever and wheresoever not herein before disposed of or which shall be made a choice of by my said wife as aforesaid I do will the same to go in aid for payment of my debts and funeral charges and I do of this my will make my said brothers Rich Androwes and Jn Wale executors and hereby revoke all former other wills by me herein before made I do declare this to be my last will and testament in writing whereof I have to this my will interlined in five sheets of paper to each sheet made I set my hand and seal this 18.5.1720 signed sealed published and declared by the said Geo Biddulph as and for his last will and testament in the presence of us who also in the presence of us the said testator and at his request have hereunto subscribed our names as witnesses to the same Chas Wale Susannah Filbridg Robt Butts Agnes Stevenson Geo Biddulph