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Wills (ERO D/ABR 26/430 Jn Harvey 1773 1774)

21.9.1773 (Tuesday 21 September 1773)

document 93000270

in the name of God amen I Jn Harvey of the parish of Earls Colne in the county of Essex gardener being weak and infirm in body but of sound mind memory and understanding do make this my last will and testament in manner and form following that is to say first I give and devise unto Xoph Easton son of Xoph Easton and Martha his wife my own sister all that messuage or tenement and farm with the barn stable outhouses lands and hereditaments thereunto belonging now in the occupation of Jn Paskell Susan Paskell and myself situate in Earls Colne aforesaid with their appurtenances to hold to him the said Xoph Easton his heirs and assigns forever which said premises are copyhold of the manors of Earls Colne and Colne Priory and which I have surrendered to the use of my will chargeable nevertheless and I do hereby expressly charge the said messuage tenement and farm herein before devised with the payment of the sum of 10li a year to my sister Mary Peirce now living with me by quarterly payments that is to say 2li10s every quarter day in her own dwelling house in Halsted during the term of her natural life the first quarterly payment thereof to begin and be made to her the first whole quarter after my decease which I do hereby give and bequeath unto her accordingly and if it shall happen that the said Xoph Easton his heirs or assigns shall neglect or refuse to pay or cause to be paid to her my said sister Mary Peirce the aforesaid annuity or any part thereof as the same shall become due or within seven days after every quarter day on which she said sum of 2li10s shall become due and payable as aforesaid neglect or refuse to pay the same accordingly that then my mind and will is and I do hereby give full power and authority unto her my said sister Mary Peirce and her assigns to enter into and upon all and every of any part of my said messuage or tenement and farm or any part or parts of the said premises herein before devised to the said Xoph Easton his heirs and assigns and to hold keep and enjoy the same and to take and receive to her or their own use and benefit the rents issues and profits thereof till such time as she my said sister Mary Peirce or her assigns shall be fully paid and satisfied all such arrears of the said annuity as shall be then due and also such reasonable costs and charges as she or they shall be put unto by reason of such neglect or refusal to pay the same also I give and bequeath unto the said Xoph Easton the sum of 10li of lawful money of Great Britain to be paid to her (sic) within three months next after my decease also I give and devise unto my nephew Harvey Alpress of Halsted in the county of Essex wheelwright all those my two messuages or tenements and shop with the yards gardens and outhouses thereto belonging situate in Halsted aforesaid now in the tenure or occupation of the said Harvey Alpress and Sarah White widow with their and every of their appurtenances to hold to him my said nephew Harvey Alpress and his assigns for and during the term of his natural life and from and after his decease I give and devise the messuage or tenement with the shop adjoining yard and outhouses thereto belonging to Jn Harvey Alpress eldest son of my said nephew Harvey Alpress his heirs and assigns forever and the other messuage or tenement in the occupation of the said Sarah White widow and the yard and outhouses thereto belonging I give and devise unto Michael Alpress second son of my said nephew Harvey Alpress his heirs and assigns forever also I give and bequeath unto my said nephew Harvey Alpress and to his heirs and assigns for ever all that my field or parcel of land lying in Colne Engaine called or known by the name of Church Field being copyhold of the manor of Colne Engaine which I have surrendered to the use of my will also I give and bequeath unto the said Harvey Alpress the sum of 40li of lawful money of Great Britain also I give and devise unto my niece Martha the wife of Thos Kifford formerly Martha Easton spinster all that my messuage or tenement with the yard garden and outhouses thereto belonging situate in Wallingford otherwise Wallington in the county of Hertford with the appurtenances to hold to her for her life and from and after her decease I give and devise the same premises with the appurtenances unto her son Thos Kifford his heirs and assigns forever also I give and bequeath unto her my said niece Martha Kifford the sum of 70li of lawful money of Great Britain also I give and bequeath unto Ann Kifford daughter of my said niece Martha Kifford the sum of 30li of like lawful money to be paid to them respectively within twelve calendar months next after my decease also I give and bequeath unto my kinsman Churchman the younger and to Jn Churchman his brother the sum of 25li apiece of like lawful money also I give and bequeath unto my kinsman Jn Cowell of Ozall in the county of Cambridge husbandman the sum of 50li of like lawful money and also all my wearing apparel which said last mentioned legacies of 25li apiece and 50li to be paid within three calendar months next after my decease also I give and bequeath unto my said sister Mary Pierce all and singular my household goods plate and linen to dispose of as she shall think proper also my mind and will is that my said sister Mary Pierce shall immediately after my decease live remain and dwell in a convenient part of the messuage or tenement with the shop adjoining for the term of her natural life which is before given after my said nephew Alpress's decease to his son Jn Harvey Alpress and I also desire that Mary Alpress wife of my said nephew Harvey Alpress may after her husband's decease live inhabit and dwell in the other messuage or tenement so given to Michael Alpress after his father's decease for the term of her natural life or day of marriage and no longer and both she and my said sister Mary Pierce to live rent free or any other consideration whatsoever for the same and all the rest residue and remainder of my personal estate whatsoever and wheresoever after payment of my just debts and legacies herein before given and bequeathed my funeral charges and the charge of proving this my will I give and bequeath unto the said Xoph Easton the son one of my executors hereinafter named my said sister Mary Pierce the aforesaid Martha Kifford and my said nephew Harvey Alpress to be divided between them share and share alike and I do make and nominate and appoint my said nephew Harvey Alpress and the said Xoph Easton my said legatee executors of this my will hereby revoking and making void all other will and wills by me heretofore made I do declare this to be my last will and testament in witness whereof I the said Jn Harvey the testator hereunto set my hand to the two first sheets of paper and my hand and seal to the third sheet which is the number it contains this 21.9.1773 mark Jn Harvey signed sealed 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 at his request and in the presence of each other have subscribed our names as witnessed thereto Wm Smith Jn Towers Geo Jewitt