Wills (ERO D/ACR 16/129 Thos Buttery 1752 1757)

28.5.1752 (Thursday 28 May 1752)

document 93000005

in the name of god amen I Thos Buttery of Earls Colne in the county of Essex officer of the excise do declare this to be my last will hereby revoking all other wills by me made and first I give and devise all that my copyhold estate lying and being in Runton Lane in the parish of Westwinch in the county of Norfolk in the tenure or occupation of Edm Rolfe esq his assignee or assigns undertenant or undertenants holden of the manor of Westwinch by copy of court roll and all other my lands tenements and hereditaments wheresoever and whatsoever with their and every of their appurtenances unto Parish Fisher jun of Wicks in the said county of Essex yeoman and Mary Fisher of Colchester in the said county spinster and their heirs in trust nevertheless for my loving wife Hannah Buttery and her assigns for and during the term of her natural life for her sole and separate use and not subject to the control of debts of any future husband with whom she may contract marriage and her receipt to be a discharge for the rents and profits thereof and from and immediately after her decease for the us of such person and persons and to and for such estate and estates and to and for such intent and purposes as my said wife by her duly executed in the presence of three or more credible witnesses shall by any writing or writings from time to time declare limit or appoint and for want of such declaration limitation of appointment to and for the use and behoof of such person and persons and of and for such estate and estates and to and for such use and uses as my said wife shall by her last will and testament by her duly executed in the presence of two or more credible witnesses declare limit or appoint and for want of such declaration limitation or appointment for the use of the right heirs of my said wife Hannah Buttery for ever and my will and desire is that if my said wife should think proper to direct or appoint the same to be sold in her lifetime that the moneys arising from such sale may be disposed in such manner as the said Parish Fisher and Mary Fisher their heirs executors or administrators shall think most for the benefit of my said wife and her heirs so as it be agreeable to the consent of my said wife and no ways subject to the control of debts of any future husband but her receipt alone to be a discharge for the same also I give and bequeath all my personal estate whatsoever unto the said Parish Fisher and Mary Fisher and their heirs in trust nevertheless for the sole use and benefit of my said wife Hannah Buttery and not subject to the control or debts of any future husband but after her decease to the same used intents and purposes as is herein before mentioned and of this my will I make constitute and appoint my said loving wife Hannah Buttery the said Parish Fisher and Mary Fisher joint executors and I do declare this to be my last will and testament in witness whereof I have hereunto set my hand and seal this 28.5.1752 Thos Buttery signed sealed published and declared by the testator as his last will and testament in presence of us who in his presence and at his request have subscribed our names as witnessed the word wife being first interlined between the nineteenth and twentieth lines Ann Holgate Mary Holgate Rich Wale