Wills (ERO D/ACW27/29 D/ACR14/313 Thos Hales 1731 1731)

10.5.1731 (Monday 10 May 1731)

document 5801260

in the name of god amen I Thos Hailes of Earls Colne in the county of Essex yeoman being sick and weak in body but of a sound mind and memory thanks be given to almighty god for the same do make and ordain this my last will and testament in manner and form following that is to say first I commit my soul into the hands of almighty god hoping through mercy to inherit eternal life and as to my worldly estate wherewith it hath pleased almighty god to bestow upon me I dispose of as followeth imprimis I give devise and bequeath unto Ann my loving wife all that my freehold messuage or tenement yards gardens and orchards to the same belonging situate lying and being in Earls Colne aforesaid and now or late in the tenure or occupation of my son Thos Hailes to hold to the said Ann for and during the term of her natural life and from and after her decease I give and devise all the said messuage or tenement and premises unto my said son Thos Hailes and his heirs forever item I give and bequeath unto my said son Thos Hailes all the barns stables outhouses and buildings to the said messuage or tenement belonging with all usual ways to and from the same and all my copyhold lands meadows and pastures whatsoever holden of the manor of Colne Priory and Gilberts or either of them to hold to my said son Thos and to his heirs forever but my mind and will is that my said son Thos Hailes his executors administrators or assigns shall and will pay or cause to be paid unto my daughter Ann Hailes the sum of 25li of lawful money of Great Britain within one year next after my decease item I give and bequeath unto my daughter Mary Hailes the sum of 20li of like money to be paid her within twelve months next after my decease item I give and bequeath unto my daughters Sarah Hailes and Judith Hailes the sum of 20li apiece of like lawful money to be paid unto them severally within two years next after my decease item my mind and will further is that in case my said son Thos Hailes his executors administrators or assigns shall neglect or refuse to pay my said daughters all and every the said sums of money herein aforementioned according to the true intent and meaning of this my will that witnessed by Sam Carter Jn Hatton jun Wm Carter Thos Hailes (inserted) then it shall and may be lawful for my said daughters every or any of them as the same shall become due to enter into and upon all the said copyhold lands and premises herein aforegiven to my said son Thos and to have receive and take all the rents and profits thereof until they and every of them shall be fully satisfied and paid with all lawful charges and my will further is that if any of my said daughters shall happen to die before their legacies become due then her and their part so dying shall be equally divided between the survivor and survivors of them and my mind and will further is that my said daughters Ann Mary Sarah and Judith Hailes that their own receipts shall be sufficient discharge to my said son Thos Hailes for their respective legacies and to his heirs executors and administrators for the same item I further give and bequeath unto my said daughters Ann and Mary Hailes the sum of 20li apiece of lawful british money to be paid unto them within three months next after my decease by my executor herein after named item I give and bequeath unto my other two daughters Sarah and Judith Hailes the sum of 20li apiece of like money to be paid unto them at their age of 21yr or days of marriage which shall first happen by my executor and my mind and will is that my executor herein after named shall pay interest at five percent unto my said two daughters Sarah and Judith until their respective legacies shall become due item I give and bequeath unto Ann my loving wife the sum of 4li of lawful british money to be paid her yearly and every year for and during the term of ten years if she shall so long live by my executor herein after named I further give and bequeath unto the said Ann my wife two featherbeds two feather bolsters two pillows curtains and valance to the same with the appurtenances two chest of drawers one hutch two pair of sheets two pillowberes one large kettle one little kettle four pewter dishes witnessed by Sam Carter Jn Hatton jun Wm Carter Thos Hales (signature very shaky) (inserted) six pewter plates one warming pan one oval table and one other table two beer vessels two little tubs two skillets and three rush bottomed chairs to her own proper use and behoof item my will is that if my executor herein after named shall neglect or all or any of the said sums herein aforebequeathed unto Ann my loving wife and to Ann Mary Sarah and Judith my said daughters as the same shall become due and payable contrary to the true intent and meaning of this my will that then it shall and may be lawful for my said wife and daughters all or any of them that shall not have received full satisfaction for their legacies given to them as aforesaid and payable by my executor to enter into and upon the premises of my son Sam Hailes and to have and take all or any of my goods and chattels herein after to him bequeathed and to sell and dispose of the same as they or any of them shall think fit or by any other ways or means in the law whatsoever until they shall be fully satisfied and paid all their said legacies item I give and bequeath unto my said son Sam Hailes after my debts legacies funeral charges and the probate of this my will paid and discharged all the corn which shall be growing upon the copyhold premises at the time of my decease which said premises are herein before given to my said son Thos and all other my corn cattle goods chattels money household stuff and personal estate whatsoever to the only proper use and behoof of him the said Sam Hailes and I do nominate and appoint him my said son Sam Hailes sole executor of this my will hereby revoking all former wills by me heretofore made in witness whereof I the said Thos Hailes have to this my last will and testament containing three sheets of paper to every of them set my hand and seal this 10.5.1731 etc. signed sealed published and declared to be the last will and testament of the testator in the presence of us who subscribed our names as witnesses thereto in his presence Sam Carter Jn Hatton jun Wm Carter Thos Hales (signature very shaky)