Wills (ERO D/ACR 16/386 Jn Harrington 1759 1764)

28.7.1759 (Saturday 28 July 1759)

document 93000095

in the name of god amen I Jn Harrington the elder of Earls Colne in the county of Essex gent being of sound mind memory and understanding do make and ordain this my last will and testament in manner and form following hereby revoking and making void all former and other wills by me at any time heretofore made first and principally I commend my soul into the hands of almighty god my creator and redeemer and my body I commit to the earth to be decently buried at the discretion of my executors hereinafter named and as to my worldly estate I dispose thereof as follows first I give and devise and bequeath unto Rachel my dearly beloved wife all those my freehold lands tenements and hereditaments situate lying and being in Great Tey in the said county with the rents issues and profits of all and singular the said premises ( which said premises now are in my own occupation and in the occupation of Thos Cottis of their assigns ) to hold to the said Rachel my dearly beloved wife for and during the term of her natural life and from and from and immediately after her decease I give and devise the said freehold lands tenements and hereditaments with the appurtenances unto my son Jn Harrington of Great Tey aforesaid and to his heirs and assigns forever also I give devise and bequeath to my said son Jn Harrington all those my copyhold messuages lands tenements and hereditaments and premises with the appurtenances to the same belonging ( the same being already surrendered to the use of my last will ) situate lying and being in Great Tey aforesaid which said copyhold premises now are in my own occupation and in the occupations of Jas Kettley and Jn Sharpe or their assigns to hold to the said Jn Harrington my son his heirs and assigns for ever subject nevertheless to the payment and condition hereinafter mentioned that is to say that he the said Jn Harrington my son his heirs and assigns shall by and out of the said copyhold messuages lands tenements hereditaments and premises or otherwise well and truly pay or cause to be paid unto Rachel my loving wife for and during the term of her natural life an annuity of rent charge of 8li yearly and every year of good and lawful money of Great Britain by two equal payments that is to say upon the feast day of St Michael the archangel and the annunciation of the blessed virgin Mary the first payment thereof to begin and be made upon such of the said feast days as shall next happen after my decease and in case the said annuity or yearly rent charge of 8li shall be behind and unpaid in part or in all by the space of forty days next after the same shall become due and payable to the said Rachel my loving wife to enter into and upon the said copyhold messuages lands tenements and hereditaments and premises with the appurtenances herein before devised to the said Jn Harrington my son or any part thereof and the same to hold and enjoy and receive and take the rents issues and profits thereof to her own use and uses until she shall be thereby or therewith or otherwise fully satisfied and paid the said annuity or yearly rent charge of 8li with interest from the time of payment and all arrears thereof or any part thereof which shall be due and owing at the time of such entry or which shall accrue during such possession and all costs charges damages and expenses which she the said Rachel my loving wife shall or may be put unto or sustain by reason of the non payment thereof or in respect of such entry and possession also I give devise and bequeath to my said son Edm Harrington all and singular my freehold and copyhold messuages lands and tenements hereditaments and premises with appurtenances to the same belonging situate lying and being in Earls Colne aforesaid which said premises are now in my own occupation and in the occupations of Edw Auston and Jn Clarke or their assigns to hold to the said Edm Harrington my son his heirs and assigns for ever subject nevertheless to the payment and condition herein after mentioned that is to say that he the said Edm Harrington my son his heirs and assigns shall by and out of the said freehold and copyhold messuages lands tenements hereditaments and premises or otherwise well and truly pay or cause to be paid unto Rachel my loving wife for and during the term of her natural life an annuity or yearly rent charge of 30li a year of good and lawful money of Great Britain by two equal payments that is to said upon the feast day of St Michael the archangel and the annunciation of the blessed virgin Mary the first payment thereof to begin and be made upon such of the said feast days as shall next happen after my decease and in case the said annuity or rent charge of 30li a year shall be behind and unpaid in part or in all by the space of forty days next after the said shall become due and payable to the said Rachel my loving wife to enter into and upon the said freehold and copyhold messuages lands tenements hereditaments and premises with the appurtenances herein before devised to the said Edm Harrington my son or any part thereof and the same to hold and enjoy and receive and take the rents issues and profits thereof to her own use and uses until she shall be thereby or therewith or otherwise fully satisfied and paid the said annuity or yearly rent charge of 30li with interest from the time of payment and all arrears thereof or any part thereof which shall be due and owing at the time of such entry or which shall accrue during such possession and all costs charges damages and expenses which she the said Rachel my loving wife shall or may be put unto or sustain by reason of the non payment thereof or in respect of such entry and possession also after payment of all my just debts funeral charges and the probate of this my last will and testament I give devise and bequeath all and singular my personal estate whatsoever and wheresoever and of what nature sort of kind so ever to be equally divided between my said loving wife Rachel and my said son Edm Harrington share and share alike and lastly I do hereby nominate constitute and appoint my said loving wife Rachel and my said son Edm Harrington joint executors of this my last will and testament in witness whereof I the said Jn Harrington the testator have to this my last will and testament contained in three sheets of paper to each of them set my hand and seal this 28.7.1759 Jn Harrington signed sealed published and declared by the said Jn Harrington the testator as and for his last will and testament in the presence of us who subscribed our names as witnesses thereto in his presence Jn Rust jun Jeff Cook Eliz Cook