Wills (ERO D/ACR 17/64 Jn Osborne 1764 1767)

12.3.1764 (Monday 12 March 1764)

document 93000165

in the name of god amen I Jn Osborne of Earls Colne in the county of Essex farmer being of sound and disposing mind memory and understanding praised by the 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 do hereby direct order and empower Oliver Johnson of Earls Colne aforesaid gent his executors administrators and assigns as soon as conveniently may be after my decease to sell and dispose of all and singular my copyhold messuage farm lands tenements and hereditaments with the appurtenances situate lying and being in Earls Colne aforesaid and not in my own occupation either together or in parcels for the best price or prices that can or may be reasonably had or gotten for the same and to apply so much of the moneys arising by or from the sale thereof as shall be necessary in the first place to the paying off and discharging all such sum and sums of money as shall or may be due upon any mortgage or mortgages of my said messuage farm lands tenements and hereditaments or upon any part or parts thereof and I do hereby declare my mind and will to be and do hereby also direct and order that the said Oliver Johnson his executors administrations or assigns do and shall after paying and discharging the said mortgage and mortgages during the natural life of Sarah my loving wife lend and place out the sum of 150li part of the residue or overplus of the said moneys arising by and from the sale of my said messuage farm lands tenements and hereditaments or any part of the said sum of 150li at interest upon any parliamentary security or securities or upon any mortgage or mortgages or other security or securities either real or personal and shall and may from time to time call in and receive the said moneys so lent or placed out at aforesaid or any part thereof and again lend and place out the same moneys or any part thereof in manner aforesaid as often as the said Oliver Johnson his executors administrators or assigns shall think fit and that the said Oliver Johnson his executors administrators and assigns do and shall pay to the said Sarah my wife or her assigns or authorise permit and suffer her or them during the term of her natural life to have receive and take to her or their own proper use the yearly dividends interest and profits that shall be made of the said sum of 150li and also that the said Oliver Johnson his executors administrators or assigns do and shall from and after the death of the said Sarah my wife pay and dispose of the said sum of 150li and all the accruing dividends interest or profits thereof unto my sons Jn Osborne Edw Osborne and Isaac Osborne and my daughters Margt Osborne Mary Osborne and Sarah Drane equally betwixt them share and share alike and I do hereby declare my mind and will to be and do hereby further order and direst that the said Oliver Johnson his executors administrators and assigns do and shall after paying and discharging the said mortgage and mortgages and lending and placing out the said sum of 150li at interest in manner and form aforesaid pay and dispose of all the residue or overplus of the said money arising by and from the sale of my said messuage farm lands tenements and hereditaments unto my said sons Jn Osborne Edw Osborne and Isaac Osborne and my daughters Margt Osborne Mary Osborne and Sarah Drane equally betwixt them share and share alike and I also do hereby direct and order that all my just debts except the said mortgage and mortgages herein before mentioned shall be paid and discharged out of my personal estate which I shall leave at the time of my decease in case the same shall prove sufficient for that purpose and after payment thereof I give to the said Sarah my wife during the term of her natural life the use only of the bed and bedstead with their appurtenances and of the other goods and furniture belonging to my now lodging room or one small kettle and one twenty gallon beer vessel and after her decease I give and bequeath the same unto my said son Jn Osborne and all the rest and residue of my personal estate after payment of all my just debts except the said mortgage and mortgages the expenses of my funeral which I desire to be decent and frugal the charges of the probate of this my will and all other incident expenses I give and bequeath unto my said son Jn Osborne provided nevertheless and I do hereby declare my mind and will to be that if my said personal estate shall prove insufficient to pay all my just debts which are herein before directed to be paid thereout the expenses of my funeral the charges of probate of this my will and all other incident expenses then the said Oliver Johnson his executors administrators or assigns shall and may supply and make good such deficiency by and out of the residue or overplus money arising by and from the sale of my said messuage farm lands tenements and hereditaments after paying and discharging the said mortgage and mortgages and I do hereby declare my mind and will to be that the said Oliver Johnson his executors administrators and assigns shall and may from time to time deduct and reimburse himself and themselves respectively all his and their reasonable costs and expenses in the management and execution of the respective trusts hereby in him and them reposed of and concerning the same or otherwise in relation thereto and that he they or any of them shall not be chargeable with or accountable for any more money than he or they shall actually receive by virtue of this my will nor for any loss happening by reason of any bad or defective securities or otherwise without his or their wilful neglect or default and I do hereby nominate constitute and appoint the said Oliver Johnson sole executor of this my will and lastly I do hereby revoke and make void all former and other wills by me at any time heretofore made and I do hereby publish and declare this to be my last will and testament in witness whereof I she said Jn Osborne the testator have to this my last will and testament contained in two sheets of paper set my seal to the label which affixeth them together my hand to the first sheet and my hand and seal to the last sheet this 12.3.1764 Jn Osborne signed sealed published and declared by the said Jn Osborne the testator as and for his last will and testament in the presence of us and by us attested as witnesses thereunto at his request and in his presence and in the presence of each other Jn Brightwen (may be Jn Brightwen) Wm Townsend Jas Gardner