Wills (ERO D/ACR 16/143 Math Howland 1757 1758)

14.11.1757 (Monday 14 November 1757)

document 93000045

in the name of god amen I Math Howland of Earls Colne in the county of Essex being of sound mind and memory do make and ordain this my last will and testament in manner following first I give Susanna my beloved wife all and singular my household goods furniture plate linen farming stock ready money rents and arrears of rent and all other my personal estate whatsoever and wheresoever for her own use and to be at her own disposal and my will is that the same shall not be subject to the payment of my debts and funeral charges but instead thereof I hereby give full power and authority to the said Susanna my wife my executrix hereinafter named her executors and administrators at any time after my death to sell any part of my real estate that I shall died seized of except my farm in Mount in the said county of Essex in the occupation of Jas Collings according to her discretion which shall be sufficient to discharge such debts as I shall owe at my death together with my funeral charges and all charges incident to the executorship and if there should be an overplus arising from such sale not exceeding 200li I give the same to the said Susanna my wife but if the overplus shall exceed such sum then I hereby will that the same shall be put out at interest by the said Susanna that the interest thereof shall be enjoyed by the said Susanna my wife for her life and after her death by such person or persons as shall be entitled to receive the rents and profits of my real estate devised to her only for life also I hereby give and devise unto the said Susanna my wife and her assigns for and during the term of her natural life all and singular my messuages lands tenements and hereditaments and premises whatsoever situate lying and being in the said county of Essex or elsewhere which I am either seized of in my own right of which any other person or persons are seized of in trust for me except such part thereof as she shall be obliged to sell for payment of my debts and funeral charges as above directed to hold to the said Susanna my wife and her assigns for and during the term of her natural life she the said Susanna my wife committing no ship (sic) or waste and keeping the said premises in good and tenantable repair and my mind and will is that the said Susanna my wife at any time after my death shall notwithstanding any contract or covenant or agreement whatsoever mentioned in her marriage settlement have power to sell or otherwise dispose of as she shall think proper my said farm and lands at Mount aforesaid or any other adjacent parish place or hamlet now in the occupation of the said Jas Collings and I hereby give and devise the said farm and lands in Mount aforesaid and all my right and estate therein with the appurtenances unto the said Susanna my wife her heirs and assigns for ever and from and after her death I hereby give and devise all my real estate whatsoever and wheresoever except the farm in Mount aforesaid and such estate as the said Susanna my wife shall be obliged to sell pursuant to this my will unto all and every the children of my said wife by me lawfully begotten or to be begotten that shall be living at my death or that may happen to be born after my death to be equally devised between them if more than one their heirs and assigns for ever and if but one then to that one and his and her heirs and assigns for ever but if at the death of my said wife there shall happen to be no child or children of my body or any issue of such child or children then I hereby give and devise all and singular my said real estate unto my brother Geo Howland of the City of London distiller his heirs and assigns forever subject nevertheless to the payment of 100li apiece to my five sisters Hannah Patrick widow Eliz Hayward Dorothy Davy dame Rachel the wife of sir Geo Beaumont baronet and Joanna Howland spinster at the end of six calendar months next after my said brother shall be in possession of my said real estate and if any of my said sisters shall then happen to be dead leaving issue I will that such issue shall be entitled to his her or their parents share or shares and that if any of them shall be dead without issue that then the share or shares of such deceased sister or sisters so dying without issue shall go and be paid to the survivors and survivor or them and in case of non payment thereof I hereby give my said sisters and every one of them full power to enter upon my said real estate and hold and enjoy the same and receive the rents issues and profits thereof until they and every of them so unpaid shall he fully paid their said legacies together with all charges occasioned by the non payment thereof and if my said brother Geo Howland and his heirs or any of them which happen to be entitled to any claim either under this my will or as my heir or heirs shall in any ways molest or disturb my said wife during her life in the enjoyment of any part of my real or personal estate herein before devised to her or in the execution of this my will then I hereby give all and singular my said real estate whatsoever and wheresoever unto the said Susanna my wife her heirs and assigns for ever subject nevertheless to the payment of the said legacies to my said sisters and lastly I nominate and appoint the said Susanna my wife sole executrix of this my last will and testament in witness that this is my last will and testament contained in one sheet of paper I the said Math Howland have hereunto set my hand and seal the 14.11.1757 Math Howland signed sealed and published and declared by the said testator as and for his last will and testament in the presence of us who in his presence and the presence of each other at his request subscribed our names as witnessed thereto Edw Creffield jun Jn Morley Thos More