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Wills (ERO D/ACR 19/275 Edm Harrington 1799 1802)

26.12.1799 (Saturday 26 December 1799)

document 93000480

in the name of god amen I Edm Harrington of Earls Colne in the county of Essex gentleman being in good health and of a sound and disposing mind memory and understanding (thanks be given to god for the same) do make and publish this my last will and testament in manner and form following (that is to say) first I do hereby ratify and confirm the surrenders and settlements of my customary or copyhold messuages farm lands tenements and hereditaments situate lying and being in Earls Colne aforesaid and now in my own occupation and held of the manors of Earls Colne and Colne Priory and made by me upon my marriage with Eliz my loving wife and I do hereby will and direct and do declare my mind and will to be that she the said Eliz shall have hold and enjoy my said messuages farms lands tenements and hereditaments thereby surrendered and settled for and during the term of her natural life according to the true intent and meaning thereof and from and immediately after the decease of her the said Eliz my wife I do by virtue and in pursuance and exercise of the powers and authorities to me reserved and given in and by the said surrenders and settlements and of all and every other power and powers and authorities whatsoever to me reserved and given or enabling me thereunto order direct and empower my nephew Jn Harrington of Great Tey in the said county farmer and my kinsman Benj Ardley of Cressing in the said county farmer my executors hereinafter named or the survivor of them his executors or administrators, to make sale and dispose of all and every my said customary or copyhold messuages farm lands tenements and hereditaments and premises and every of them and every part and parcel thereof either together or in parcels and either publicly by auction or privately as shall be deemed most advantageous and as they my said executors and trustees shall think fit and the monies arising by and from such sale and sales (after deducting all reasonable costs charges and expenses attending the same and the legacy or sum of £600 which I do hereby give and bequeath thereout unto my grandaughter Ann Harrington the daughter of late son Savill Harrington deceased and to be paid unto her by my executors and trustees from out of the said purchase money upon or immediately after the receipt thereof) I do hereby will and direct shall be placed out at interest by my said executors or the survivor of them or his executors or administrators in their or his names or name upon some government or land security or securities as they in their discretion shall think fit and the interest dividends and proceed arising and accruing from one moiety or half a part thereof I do hereby give and bequeath unto my daughter Sarah Brown Selby the wife of Chas Brown Selby now lieutenant in the Suffolk Militia for and during the term of her natural life, to be paid unto her into her own hands for her own sole use and disposal and I do hereby will and direct that the separate receipt and receipts only of her my said daughter Sarah Brown Selby for such interest dividends and proceed of the said moiety or half part of the said trust monies shall from time to time be a good and sufficient discharge and discharges to my said executors and trustees for and notwithstanding her present coverture or any future coverture or covertures and that the same or any part thereof shall not be subject or liable to the debts control or engagements of the said Chas Brown Selby her said husband and from and after the decease of my said daughter Sarah Brown Selby I give and bequeath the said moiety or half part of the said trust monies together with all such interest dividends and proceed as may be then due for the same unto all and every the children of my said daughter Sarah Brown Selby and my daughter Mary Sheppard the now wife of Wm Sheppard that shall be living at the time of the decease of my said daughter Sarah Brown Selby equally to be divided between them part and share alike and the interest dividends and proceed arising and accruing from the other moiety or half part of the said trust monies I do hereby give and bequeath to my said daughter Mary Sheppard the now wife of the said Wm Sheppard for and during the term of her natural life to be paid into her own hands for her own sole use and disposal, and I do hereby will and direct that the separate receipt and receipts only of her my said daughter Mary Sheppard for such interest dividends and proceed of the said last mentioned moiety or half part of the said trust monies shall from time to time be a good and sufficient discharge and discharges to my said executors and trustees for and notwithstanding her present coverture or any future coverture or covertures and that the same or any part thereof shall not be subject or liable to the debts control or engagements of the said Wm Sheppard her said husband, and from and immediately after the decease of my said daughter Mary Sheppard I give and bequeath the said last mentioned moiety or half part of the said trust monies together with all such interest dividends or proceed as may be then due for the same unto all and every the children of my said daughters Sarah Brown Selby and Mary Sheppard that shall be living at the time of the decease of my said daughter Mary Sheppard equally to be divided between them part and share alike and I do hereby declare my mind and will to be and I do direct that the receipt and receipts of my said executors or the survivor of them his executors or administrators for the purchase money or monies for which the said customary or copyhold messuages farm lands tenements hereditaments and premises shall be sold and disposed shall be a good and sufficient discharge and discharges to the purchaser or purchasers thereof both at law and in equity for and notwithstanding any nonapplication or misapplication of the same monies or any part thereof and that such purchaser or purchasers shall not be answerable or accountable or be obliged to see to the due application thereof or any part thereof provided always and I do hereby declare my mind and will to be that in case the said Eliz my wife should after my decease be agreeable to let the said farm lands and hereditaments in Earls Colne settled upon her for her life as aforesaid to my said nephew Jn Harrington and he should be desirous of hiring and taking the same as tenant thereof to her that he the said Jn Harrington shall be at liberty to take all my farming stock implements and utensils of husbandry cattle growing crops of corn and grain hay straw stover muck dung and fallows or summer land that shall be thereon at the time of my decease at a fair valuation and appraisement thereof to be made and taken by two indifferent persons to be chosen to value and appraise the same to him one of them to be chosen by him the said Jn Harrington and the other by the said Benj Ardley my other executor he the said Jn Harrington paying for the same within six months next after my decease also I give and bequeath to the said Eliz my wife the sum of £10 10s for mourning to be paid unto her out of my personal estate by my executors hereinafter named within ten days next after my decease also I give and bequeath to the said Eliz my wife all and every my household goods and household furniture plate linen and china that shall be standing and being in my now dwelling house at the time of my decease to and for her own proper use and behoof also I give and bequeath to the said Eliz my wife all such sum and sums of money that she may be charged with and be obliged to pay for fines and fees upon her admissions to the said customary or copyhold messuages or tenements farm lands hereditaments and premises for her life pursuant to and under the above recited surrenders and settlements made on our intermarriage and I direct the same to be paid to her out of my personal estate and effects by my executors hereinafter named at the time or immediately after such her admissions also I give and bequeath to my said granddaughter Ann Harrington the sum of £200 of lawful money of Great Britain to be paid unto her out of my personal estate by my executors hereinafter named at her age of twenty-one years and I do will and direct that my executors shall pay to my said granddaughter Ann Harrington lawful interest for her said legacy of £200 from the end of three months after my decease until the same shall become due and payable to be applied towards her maintenance and education also I give and bequeath unto Jn Harrington the sum of £10 10s and to the said Benj Ardley the sum of £15 15s for the trouble they may have in acting as executors and trustees of this my will to be taken and retained by them out of my personal estate also after payment and satisfaction of all my just debts my funeral expenses the charges of probate of this my will and all costs charges and expenses attending the due execution hereof and the several legacies and sum of money herein bequeathed and directed to be paid I give and bequeath all the rest residue and remainder of my goods chattels farming stock and stocks implements and utensils of husbandry cattle corn hay grain crops of corn hay and grain ready money and securities for money and all other my personal estate and effects whatsoever and wheresoever and of what nature sort or kind soever the same are situate lying and being and not herein before bequeathed unto my executors hereinafter named upon trust that they my said executors shall and do as soon as conveniently may be after my decease sell dispose get in and convert all my personal estate and effects into money and the better to enable them so to do in case the said Jn Harrington should not hire my said farm of the said Eliz my wife and not take my said farming stock implements cattle corn crops and effects as aforesaid I do will and direct that my said my said executors shall have the use and occupation of my farm and premises wherein I now dwell (except my dwelling house and gardens thereto belonging) until such crops of corn hay and grain that shall be growing thereon at the time of my decease shall be gathered and disposed of they my said executors allowing the said Eliz my wife a reasonable compensation for the use thereof in the nature of rent and upon further trust to place out and invest the clear monies arising by and from such sale and sales receipt and receipts of my said personal estate and effects at interest in their names as soon as conveniently may be upon some land or government security or securities as they in their discretion shall think fit and the interest dividends and proceed arising and accruing from one moiety or half part thereof I do hereby give and bequeath to my said daughter Sarah Brown Selby for and during the term of her natural life to be paid into her own hands for her own sole use and disposal and I do hereby will and direct that the separate receipt and receipts only of her my said daughter Sarah Brown Selby for such interest dividends and proceed of the said moiety of the residue of the monies arising from the sale or sales receipt or receipts of my said personal estate and effects shall from time to time be good and sufficient discharge and discharges to my said executors and trustees for and notwithstanding her present coverture or covertures and that the same or any part thereof shall not be subject or liable to the debts control or engagements of the said Chas Brown Selby her said husband and from and after the decease of my said daughter Sarah Brown Selby I give and bequeath the moiety or half part of the residue of the monies arising from the sale and receipt of the said residue of my said personal estate and effects together with all such interest dividends and proceed as may be then due thereon unto all and every the children of my said daughters Sarah Brown Selby and Mary Sheppard that shall be living at the time of the decease of my said daughter Sarah Brown Selby equally to be divided between them part and share alike and the interest dividends and proceed arising and accruing from the other moiety or half part of the said residue and remainder of my said personal estate and effects I do hereby give and bequeath to my said daughter Mary Sheppard for and during the term of her natural life to be paid into her own hands for her own use and disposal and I do hereby will and direct that the separate receipt and receipts only of her my said daughter Mary Sheppard for such interest dividends and proceed of the said last mentioned moiety or half part of the said monies arising from the sale and receipt of the said residue or remainder of my said personal estate and effects shall from time to time be good and sufficient discharge and discharges to my said executors and trustees for and notwithstanding her present coverture or any future covertures and that the same or any part thereof shall not be subject or liable to the debts control or engagements of the said Wm Sheppard her said husband and from and after the decease of my said daughter Mary Sheppard I give and bequeath the said last mentioned moiety or half part of the monies arising from the sale and receipt of the said residue of my said personal estate and effects together with all interest dividends and proceed as may be then due thereon unto all and every the children of my said daughters Sarah Brown Selby and Mary Sheppard that shall be living at the time of the decease of my said daughter Mary Sheppard equally to be divided between them part and share alike also I do nominate constitute and appoint my said nephew Jn Harrington and my said kinsman Benj Ardley jointly executors of this my will and I do hereby declare my mind and will to be that it shall and may be lawful to and for the said Jn Harrington and my said kinsman Benj Ardley my said executors and trustees and each of them and their and each of their executors and administrators to deduct and reimburse himself and themselves from and out of the monies and effects that shall come to their hands or possession by virtue of this my will and the trusts herein contained all their reasonable costs charges and expenses in the execution of this my will and the several trusts hereby in them reposed and that they my said trustees and executors or either of them or their or either of their executors or administrators shall not be answerable of accountable for any more or other sum or sums of money property and effects than he or they shall actually or respectively receive or which shall come to their respective hands or possession by virtue of this my will nor for or with any loss or losses happening to my personal estate and effects after my decease or to the monies to be placed out at interest by them in pursuance of this my will or to the interest dividends or proceed thereof unless such loss or losses shall be owing to or occasioned by or through his or their wilful neglect or default nor the one of them his executors or administrators for the other his executors or administrators of for the acts deeds receipts defaults payments or disbursements of the office but each for his own particular acts deeds receipts defaults payments or disbursements only and lastly I do hereby revoke and make void all former and other wills by me at any time or times heretofore made and I do hereby publish and declare this only to be my last will and testament in witness whereof I the said Edm Harrington have to this my last will and testament contained in six sheets set my hand and seal the 26.12.1799 Edm Harrington signed sealed published and declared by the said Edm Harrington the testator as and for his last will and testament in the presence of us and by us attested as witnesses thereto in his presence and at his request Sarah Potter Wm Potter Wm Potter junior