Wills (ERO D/ABR22/404-406 Thos Heckford of Braintree 1741 1741)

8.7.1741 (Wednesday 8 July 1741)

document 6000738

in the name of god amen I Thos Heckford of Braintree in the county of Essex draper being in health of body and of sound mind and memory do make and declare this my last will and testament in manner and form following that is to say first I commend my soul into the hands of almighty god my most merciful creator hoping to be saved through the alone merits of jesus christ my most gracious redeemer and my body I desire may be privately interred and that none but relations may be invited to my funeral and that supporters of my pall may be appointed out of them and as to that worldly estate wherewith it hath pleased god to bless me I dispose thereof as followeth viz I give and devise unto Eliz my present wife and her assigns during the term of her natural life she keeping the same in tenantable repair and after her decease unto Jn Ruggles of Bocking in the county of Essex aforesaid clothier Benj Fletcher of the same clothier and to my son in law Jn Lorkin and their heirs all that my messuage or tenement with appurtenances situate and being in Braintree aforesaid formerly called The Doggs Head in The Poridge Pot and adjoining to The Black Lyon Inn there now in the several tenures or occupations of Jn Church and Geo Taylor or their assigns in trust that the said Jn Ruggles Benj Fletcher and Jn Lorkin and the survivor and survivors and the heirs of the survivor of them do with all convenient speed after my said wife's decease sell and dispose of the same and pay the money thereby arising and the rents and profits until sale to and amongst all and every my children both by my former and present wife that shall be living at the decease of my said present wife in equal parts and portions and whereas upon my intermarriage with Eliz Aylet my former wife by indentures of lease and release bearing date respectively 3.1.1710 and 4.1.1710 a certain messuage tenement or farmhouse called Everards in Halstead in the said county of Essex and all outhouses edifices and buildings barns stables yards gardens and orchards backsides lands meadows pastures feedings woods underwoods hereditaments and appurtenances thereunto belonging containing in the whole by estimation 70a more or less and also a parcel of wood and woodground and the soil of the same called Everards Wood containing 16a2r20p more or less lying and being in Halstead aforesaid were conveyed and settled unto and upon Thos Aylet father of my said late wife and Eliz his then wife both since deceased for their lives with remainder to me for life remainder to my said former wife Eliz Aylet for life remainder to such child and children of the said Eliz my former wife by me the said Thos Heckford then to be begotten and for such estate and estates and in such proportions sort manner and form as the said Eliz my said former wife by any deed or deeds writing or writings under her hand and seal and testified as therein mentioned or by her last will and testament should declare limit or appoint and for want of such declaration or appointment to the use of such child or children of the body of the said Eliz my former wife by me to be begotten and of and for such estate and estates and in such proportions and in such sort manner and form as I the said Thos Heckford in case I should survive the said Eliz my former wife by any deed or deeds writing or writings under my hand and seal and testified by three or more witnesses or by my last will and testament in writing under my hand and seal and testified as aforesaid should at any time or times after the decease of the said Eliz my former wife declare limit or appoint with several remainders over as in and by the said several in part recited indentures relation being to them had may more at large appear and whereas the said Eliz my said former wife departed this life without making any declaration or appointment pursuant to the above recited power now I the said Thos Heckford by virtue and in pursuance of the power and authority in me before recited and of all other powers enabling me in this behalf do by this my last will and testament in writing under my hand and seal and testified by three credible witnesses give and devise declare limit and appoint unto Dan and Jn children of the body of the said Eliz my said former wife by me lawfully begotten and their heirs as tenants in common and not as joint tenants all that the before mentioned and recited messuage tenement or farm called Everards with the lands woodgrounds hereditaments and appurtenances thereunto belonging and also the aforesaid wood called Everards Wood all lying in Halstead aforesaid and all and singular other the lands hereditaments and appurtenances in the recited indentures of lease and release mentioned and comprised subject nevertheless and I do hereby charge and make chargeable the said messuage tenement or farm called Everard with the lands woodgrounds and hereditaments and appurtenances thereunto belonging and also the aforesaid wood called Everards Wood with and to the payment thereout of the sums of 100li to my daughter Grace within six months next after my decease and of 100li to my daughter Eliz wife of the said Jn Lorkin within the like time and in case my said sons Dan and Jn shall neglect or refuse to pay the said several sums at the several times before mentioned it shall and may be lawful to and for my said daughters Grace and Eliz or either of them whose legacy shall be unpaid into all and singular the said premises last mentioned to enter and the rents issues and profits thereof to receive and take until they and each of them respectively shall be fully paid and satisfied and whereas by the devise of the said last mentioned premises called Everards to my said sons Dan and Jn my intent is that each of them shall have in value the sum of 300li now in case the said estate should fall short at my decease of answering that value over and above the legacies payable thereout to my said two daughters I do hereby give power to my executors hereafter named to make good the deficiency that shall happen out of my personal estate or out of the money arising by the sale of my real estate also I give and forgive unto my son Thos one bond or obligation entered into by him to me for the payment of the sum of 70li together with all interest money due and to be due thereof also I give and forgive unto my son Wm two bonds entered into by him to me the one for 159li and the other for 120li as also a note of his hand for 21li together with all interest money due and to be due thereon also I give unto Swift Heckford my son by my present wife late Eliz Swift the sum of 500li to be paid him at his age of 21yrs and I will that the interest thereof in the mean time shall be applied towards his education and maintenance and if he dies before that age I give the same to and amongst all the rest of my said children that shall be then living share and share alike also I give and bequeath unto my said present wife the best silver tankard six of my best silver spoons thirteen tea spoons and my tea table a large piece of needlework in a glass frame and all my china ware I also give to her for the term of her natural life the use of all my household goods household linen and my brewing office with the utensils thereto belonging and after her decease I give and bequeath the same unto such of my said children as shall be living at the decease of my said present wife to be divided equally between them I also give to her 10gns to buy her mourning I also give to her all the meat drink coals and wood that shall be in my dwelling house at my decease al so I give and devise unto the said Jn Ruggles and his heirs all those my copyhold lands and tenements in Earls Colne in the said county of Essex now in the tenure or occupation of Sam Halls or his assigns upon trust to sell and dispose of the same with all convenient speed after my decease and to pay the money thereby arising and the rents and profits thereof till sale to and amongst all and every my said children that shall be living at my decease share and share alike and whereas upon my intermarriage with my said present wife I settled on her for life all that messuage wherein I now dwell and two pieces or parcels of ground used for orchards in Braintree aforesaid and also a cottage in Braintree aforesaid now converted into two tenements in the occupation of the widow Simpson and Edw Turner and also a messuage called Strangmans and several parcels of land meadow and pasture thereunto belonging in Halstead aforesaid now I do give and devise all the aforesaid last mentioned messuages lands tenements and hereditaments and premises with their and every of their rights members and appurtenances from and immediately after the death and decease of my said wife unto the said Jn Ruggles Benj Fletcher and Jn Lorkin and their heirs upon trust that they and the survivors and survivor of them and the heirs and assigns of the survivor of them do and shall with all convenient speed after the decease of my said wife make sale of the same and the money thereby arising and the rents and profits thereof till sale to pay to all and every my said children that shall be living at the decease of my said wife in equal parts and portions also I give and devise unto the said Jn Ruggles and his heirs all and every my copyhold messuages lands tenements and hereditaments holden of the manor of Braintree aforesaid by copy of court roll in trust to sell and dispose of the same after the decease of my said wife and the money thereby arising and the rents and profits thereof until sale to pay to all and every of my said children that shall be living at the decease of my said present wife in equal parts and portions also all the rest and residue of my goods chattels and personal estate whatsoever I give and bequeath to all and every of my children that shall be living at my decease in equal parts and portions to be paid them respectively within six months after my decease also I do hereby nominate and appoint the said Jn Ruggles Benj Fletcher and Jn Lorkin executors of this my last will and I do hereby empower them their heirs executors and administrators to deduct to themselves out of the money that shall come to their hands by virtue of and under this will all such sum and sums of money costs charges and expenses as they or either of them shall be at or put unto in the execution thereof and the trusts hereby in them reposed and I do will and direct that they or either of them their or either of their heirs executors or administrators shall not be chargeable with or answerable for any sum or sums of money that shall happen to be lost by putting out the same at interest or otherwise without the wilful neglect or default of some or one of them and that they or either of them their or either of their heirs executors or administrators shall not be chargeable or answerable for any sum or sums of money other than what shall actually some to some or one of them of their hands or possession and each of them to be answerable for his own act and receipt only and I give unto each of them a full and complete suit of mourning also I do hereby will order and direct that my said son Thos his heirs and assigns do and shall upon request and without any consideration above the sum of 5s join in and execute all such conveyances surrenders and releases of the estates hereby devised to be sold as counsel learned in the law shall from time to time adjudge necessary under the penalty of forfeiting and losing the benefit and advantage by this my will and in case of refusal I give the same amongst the rest of my aforesaid children equally to be divided and I do hereby revoke all former wills and declare this present writing contained in five sheets of paper to be my last will and testament in witness whereof I have to each of the said sheets set my hand and affixed my seal 8.7.1741 Thos Heckford signed sealed published and declared by the said Thos Heckford the testator to be his last will and testament in the presence of us who at his request and in his presence subscribed out names as witnesses hereto Jos Smitheman Thos Childe Robt Lukin