Wills (ERO D/ACR 18/43 Jn White 1778)

7.6.1778 (Sunday 7 June 1778)

document 93000310

this is the last will and testament of me Jn White of Earls Colne in the county of Essex blacksmith made and published while I am of sound perfect and disposing mind memory and understanding in manner and form following (that is to say) first I give devise and bequeath unto Mary my loving wife and her assigns for and during the term of her natural life all that my freehold tenement or cottage with the buildings yards gardens hereditaments and appurtenances thereunto belonging which I lately purchased of Martha Hart and Eliz Hart spinsters situate lying and being in Earls Colne aforesaid and now in the occupations of myself and Josiah Wilkinson or one of us and immediately from and after the decease of the said Mary my wife I give devise and bequeath my aforesaid freehold messuage tenement or cottage with the buildings yards gardens hereditaments and appurtenances thereunto belonging unto my sons Jn White and Hen White and their heirs upon trust nevertheless that they my said sons Jn White and Hen White or the survivor of them or the heirs of such survivor shall and do with all convenient speed after my said wife's decease sell and convey the said premises to the best purchaser or purchasers and at and for the greatest sum or sums of money that can be reasonably had and obtained for the same and I do declare and direct that the moneys arising by such sale or sales shall be paid into the hands of my said sons or the survivor of them or the heirs of such survivor and that his or their receipt or receipts for the same shall be good and sufficient discharge and discharges both at law and in equity to such purchaser or purchasers for such purchase moneys notwithstanding any misapplication or non-application thereof also I give devise bequeath unto the said Mary my wife and her assigns for and during the term of her natural life all that my customary or copyhold messuage or tenement and blacksmith's shop called Carters or otherwise and all the outhouses buildings yards gardens hereditaments and appurtenances thereunto belonging situate lying and being in Earls Colne aforesaid and now in my own occupation and I do hereby order authorise and empower my said sons Jn White and Hen White and the survivor of them his executors and administrators as soon as conveniently may be after my said wife's decease to sell and convey away all my aforesaid customary or copyhold messuage or tenement and blacksmith's shop and all the outhouses buildings yards gardens hereditaments and appurtenances thereunto belonging to the best purchaser or purchasers and at and for the greatest sum or sums of money that can reasonably got or obtained for the same and I do hereby declare and direct that the moneys arising by such sale or sales of the said customary or copyhold premises shall be paid into the hands of my said sons or the survivor of them his executors or administrators and that his or their receipt or receipts for the same shall be good and sufficient discharge and discharges both at law and in equity to such purchaser or purchasers for such purchase moneys notwithstanding and misapplication or non-application thereof and my will is and I do hereby direct and order that all sum and sums of money arising by the sale and sales of my said freehold and customary or copyhold messuages tenements and hereditaments as aforesaid together with the rents and profits thereof accruing from and after the death of my said wife immediately after such purchase moneys shall come to hand and be received (all charges being thereout first deducted) shall be paid unto and equally divided between my said sons Jn White and Hen White my son Math White and my daughter Mary White or their respective legal representatives part and share alike and I direct and order that all my just debts my funeral expenses and charges of the probate of this my will shall be paid and discharged by the said Mary my wife and my said sons Jn White and Hen White (whom I make constitute and appoint executrix and executors of this my will) from and out of my personal estate not hereinafter specifically bequeathed unto my said son Hen and the residue and overplus thereof (after such payments) I give and bequeath unto the said Mary my wife for her own use provided nevertheless and my will is that if my said personal estate shall prove insufficient to pay and discharge all my just debts and funeral expenses and the charges of the probate of this my will then and in such case happening I do hereby direct and order my said wife and my said sons Jn and Hen to supply and make good such deficiency by sale or mortgage in her life time of my said freehold messuage tenement or cottage and the appurtenances thereof and I do hereby empower them to sell or mortgage the same accordingly and whereas Thos Sewell of Earls Colne aforesaid esquire hath agreed to make and grant to me a lease or demise for the term of six years commencing at michaelmas.last of a certain messuage tenement or dwelling house and blacksmith's shop with the appurtenances situate in Earls Colne aforesaid and now in the occupation of my said son Hen White now my will is that such lease or demise shall be made and granted for the said term of years unto my said son Hen and I do hereby request and desire the said Thos Sewell to make and grant the same to my said son Hen accordingly also I give and bequeath unto my said son Hen all and singular my household goods and household furniture and also my implements and utensils of a blacksmith which are now in his possession and use and in the aforesaid dwelling house and blacksmith shop in his occupation and revoking all former and other wills by me at any time heretofore made I do hereby publish and declare this to be my last will and testament in witness whereof I the said Jn White the testator have to this my last will and testament contained in two sheets of paper set my hand and seal to each sheet thereof this 7.6.1778 Jn White signed sealed published and declared by the said Jn White the testator as and for his last will and testament in the presence of us and by us subscribed as witnessed thereof at his request and in his presence and in the presence of each other Argent Simmons Oliver Johnson Jas Wenden