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Wills (ERO D/ACR 19/181 Wm Bailey 1795 1799)

29.10.1795 (Thursday 29 October 1795)

document 93000455

this is the last will and testament of me Wm Bailey of Earls Colne in the county of Essex farmer made in manner and form following (that is to say) I give and devise all that my messuage or tenement and farm with the lands grounds and hereditaments thereto belonging or in anywise appertaining as well freehold as copyhold commonly called or known by the name of Wash Farm situate lying and being in Fordham in the said county and now in my own occupation and also all that my freehold messuage or tenement and farm with the lands grounds and hereditaments to the same belonging or in any wise appertaining commonly called or known by the name of Oak Farm situate lying and being in Fordham aforesaid and Colne Wake in the said county of Essex and now also in my own occupation unto my nephew Jn Bailey now living with me for and during the term of his natural life he keeping the same in good repair and condition and the buildings thereto respectively belonging insured from fire and committing or suffering no manner of waste or damage and from and after the determination of that estate unto Wm Brett of Colne Wake aforesaid gentleman and his heirs during the life of the said Jn Bailey in trust to support and preserve the contingent uses and estate hereafter limited from being defeated or destroyed and for that purpose to make entries and bring actions as occasion shall require but nevertheless to permit and suffer the said Jn Bailey my nephew during his life to take and receive the rents and profits thereof to and for his own use and benefit and from and after his decease then I give and devise the same premises unto all and every the children of the body of my said nephew Jn Bailey lawfully begotten and their heirs forever as tenants in common as not as joint tenants and in case any of his said children shall die under age and without issue then the share or shares of the child or children so dying to the survivors or survivor of them and their his or her heirs and assigns forever as tenants in common and if all the children of my said nephew Jn Bailey shall die under age and without issue then I give and devise all the aforesaid premises unto and to the use of my own right heirs for ever provided always and the aforesaid devises to my said nephew Jn Bailey and his children are upon this condition nevertheless that he and they or some of them do and shall well and truly pay or cause to be paid and I do hereby subject and charge and make chargeable all and every the said premises to and with the payment thereout of one annuity yearly rent charge or sum of 50li of lawful money of Great Britain clear of all taxes and deductions whatsoever which I do hereby give and bequeath unto Eliz my wife for and during the term of her natural life (in lieu of all dower or thirds out of my real estate) by two equal half-yearly payments in the year upon lady day and michaelmas day the first payment thereof to begin and be made on such of those days as shall first and next happen after my decease and it is my will and mind and I do hereby direct that in case the said annuity clear yearly rent charge or sum of 50li or any part thereof shall be behind or unpaid by the space of three calendar months next after either of the said half yearly days of payment then and from time to time and as often as the said Eliz my wife and I do hereby give her full power to enter into and upon all or any part of the aforesaid premises and to hold and enjoy or let the same and to receive take and have the rents issues and profits thereof and also to distrain any goods cattle or chattels then and there found and to take away sell and dispose of such distress or distresses according to law for the raising and thereby to raise the same annuity and all arrears thereof together with all incident charges also I give and bequeath the sum of 50li of lawful money of Great Britain unto my said wife Eliz to be paid to her out of my personal estate and in lieu of her thirds therein by my executors hereinafter named within three calendar months next after my decease also give and bequeath to her my said wife the use only of such part or parts of my household goods linen china plate and furniture of every kind as she shall choose and think necessary for her use for and during the term of her natural life and from and after her decease I give and bequeath the same unto my said nephew Jn Bailey to and for his own use and benefit and I do hereby will and direct that an inventory shall be taken thereof at the time of the delivery of the same to her my said wife by my executors and that such inventory shall be signed by her in order fully to identify and ascertain the said household goods linen china plate and furniture so given to her my said wife also after the decease of the said Eliz my wife I give and bequeath unto my other nephew Wm Bailey brother of my said nephew Jn Bailey for and during the term of his natural life one annuity or clear yearly rent charge or sum of 10li of lawful money of Great Britain to be issuing and payable out of all that my aforesaid freehold messuage or tenement and farm lands grounds hereditaments and premises called by the name of Oak Farm and to be paid to him by (sic) said nephew Wm Bailey after my said wife's decease by two equal half yearly payments on lady day and michaelmas day clear of all taxes and deductions whatsoever the first payment thereof to begin and be made on such of the said days of payment as shall first next happen after the decease of my said wife and I do hereby subject and charge and make chargeable all and every the same last mentioned messuage farm lands and premises to and with the payment of the said annuity or clear yearly sum of 10li and if default shall be made in payment of the same or any part thereof by the space of twenty eight days next over or after either of the said days whereon the same ought to be paid as aforesaid then and so often I give the said Wm Bailey full power to enter upon all and every or any part of the said premises charged therewith and to take the rents thereof and to distrain and sell my goods chattels or cattle there found for the raising and thereby to raise the said annuity or sum of 10li and all arrears thereof together with all charges relating thereto also I give and devise all that my other messuage or tenement and farm with the barns stables outhouses buildings lands grounds hereditaments and appurtenances thereto belonging commonly called or known by the several names of Princes and Gilberts or otherwise situate lying and being in Earls Colne aforesaid and now in my own occupation and which I purchased of Eliz Corney widow unto and to the use of my said nephew Jn Bailey his heirs and assigns forever also I give and bequeath after my said wife's decease one annuity or yearly sum of 5li of lawful money of Great Britain unto my niece Sarah Boar (daughter of my brother Jn Bailey deceased) for and during the term of her natural life to be paid to her by my executors out of my personal estate by two equal half yearly payments in the year upon lady day and michaelmas day clear of all deductions whatsoever the first payment whereof shall be made on such of the said days as shall first and next happen after the death of my said wife into the proper hands of her the said Sarah Boar and for which her receipt from time to time whether she shall be sole or married shall be sufficient discharge and I do will and direct that my executors do and shall retain in their own hands or else place out a competent sum of money upon good security and with the interest thereof to pay the said annuity or yearly sum of 5li also I give and bequeath the sum of 20li apiece of lawful money of Great Britain unto my four nephews Wm Miles Jas Miles Jas Brett and the said Wm Bailey and my three nieces Mary the wife of Thos Wood (late Mary Mayhew ) Mary the wife of Joseph Boggis (before Mary Miles ) and Mary the wife of Jas East to be paid to each of them out of my personal estate within one year next after the decease of the said Eliz my wife also I give and bequeath all the interest residue and remainder of my goods furniture linen china plate farming stocks cattle corn crops hay implements and utensils of and in husbandry ready monies securities for money debts due to me at my decease and all other my personal estate and effects of what nature sort species or denomination soever and wheresoever (after payment thereout of my plain but decent funeral charges just debts and legacies hereafter mentioned and all expenses attending the due execution of this my last will and testament) unto my said nephew Jn Bailey and my nephew Jn Brett of Colne Wake aforesaid farmer joint executors of this my last will and testament and I do give and bequeath the sum of 200li of good and lawful money of Great Britain unto him my said nephew Jn Brett to be paid or deducted and retained by him out of my personal estate within one year next after the decease of my said wife for the care and trouble he shall or may have as one of my executors and lastly I do hereby revoke and make void all former and other wills and testaments by me at any time hereafter made and do publish and declare this only to be my last will and testament in witness whereof I the said Wm Bailey the testator have to this my last will and testament set my hand and seal this 29.10.1795 Wm Bailey signed sealed published and declared by the said testator Wm Bailey as and for his last will and testament in the presence of us who at his request and in his presence and in the presence of each other have thereunto subscribed our names as witnesses J. Usher K. Beaumont Sam Bowyer