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Wills (ERO D/ACR 19/546 Jas Mayhew 1806 1810)

11.11.1806 (Friday 11 November 1806)

document 93000545

this is the last will and testament of me Jas Mayhew of Earls Colne in the county of Essex yeoman made as follows, that is to say, I give and devise all that my copyhold messuage tenement or public house called or known by the name or sign of the Five Bells and the outhouses stables buildings yards gardens and appurtenances thereto belonging situate lying and being in Colne Engaine in the said county and now in the occupation of my son in law Robt Shave unto my daughter Mary the wife of him the said Robt Shave for and during the term of her natural life she keeping the same in good repair and condition and insuring all the buildings thereof from fire in a sufficient sum of money and after her decease I desire authorise and direct messrs Jn Mayhew and Jeremiah Shave my executors hereinafter named or the survivor of them or the executors or administrators of the survivor of them with all convenient speed to bargain sell convey and absolutely dispose thereof for the most money that can be got for the same and the money thereby raised together with the rents and profits thereof until such sale (after all expenses deducted) to place and continue out at interest and receive pay apply and dispose of the interest and principal monies in the same manner as I have hereinafter mentioned and directed concerning the monies to be raised by sale of all my other real estate and the residue of my personal estate and have given the same monies respectively also I give and bequeath all my household goods household stuff implements and utensils of household plate china linen woollen and furniture of every kind which at my decease shall be in upon about or belonging to my dwelling house and the outhouse buildings yards gardens and appurtenances thereof situate and being in Earls Colne aforesaid unto Mary my wife to and for her own sole use and disposal also I give to my said son in law Robt Shave £10 to be paid him six months next after my decease also I desire and direct authorise and empower Isaac Brown of Elms Hall within the parish of Colne Engaine aforesaid gentleman and Jn Shave of White Colne in the said county of Essex farmer or the survivor of them of the executors or administrators of the survivor of them with all convenient speed after my decease to bargain sell convey and absolutely dispose of all and singular the rest and residue of my messuages farms maltings lands grounds cottages tenements hereditaments and real estate of what tenure or nature soever and wheresoever either entirely or in parcels for the best price or prices and most money that can be gotten for the same and the money raised thereby together with the rents issues and profits thereof until such sale or sales (after deducting and paying thereout all charges attending such sale or sales and for their or either or any of their loss of time and trouble) to pay into the hands of my said executors Jn Mayhew and Jeremiah Shave whose receipt shall be a full discharge to them the said Isaac Brown and Jn Shave or the survivor of them his executors or administrators for the same upon the trust and to the intent I have hereinafter mentioned as to the money to be raised by sale of my other personal estate and effects also I will and direct authorise and empower the said Jn Mayhew and Jeremiah Shave or the survivor of them or the executors or administrators of the survivor of them with all convenient speed after my decease to sell and dispose of all and every my farming stocks cattle corn grain seeds malt hay crops implements and utensils of and in malting farming and husbandry rights credits chattels and personal estate and effects of what nature quality species or denomination soever and wheresoever not being monies and not being by me herein before given and disposed of for the best price or prices that can be gotten for the same and the monies thereby raised together with the clear monies raised or and to be raised by sale of my said real estates as aforesaid (after payment of the charges of such last mentioned sale of my funeral and probate hereof my just debts and all expenses attending the due execution of this my will) to place and continue out at interest upon good and safe security or securities as soon after such respective sale or sales and receipt of the respective monies as can be and from time to time to receive and pay the interest thereof respectively into the proper hands of my said wife which I do hereby give to her to and for her own use and disposal for and during the term of her natural life by equal half yearly payments or else authorise or permit her alone during that time only or so much thereof as they or he shall judge proper to receive and keep the same interest to and for her own use and disposal as the same shall from time to time arise and become due and payable and from and after her decease to pay the interest of £400 (part of the principal monies so placed out at interest and of the unpaid or unreceived interest thereof) into the proper hands of my said daughter Mary Shave if then living which I do hereby give to her for and during the term of her natural life and desire and direct to (sic) paid to her by two equal half-yearly payments in the year for her own sole and separate use and disposal apart from her said husband or any after taken husband and not subject or liable to his debts engagements intermeddling or control and for which her receipt alone notwithstanding her present or any future coverture shall be a good discharge and from and after the decease of my said daughter to divide and pay the said principal sum of £400 and all unpaid interest thereof and from and after the decease of my said wife to divide and pay the residue of the principal monies and all unpaid or unreceived interest thereof among and to my five grandchildren the children of her my said daughter namely Eliz Mary Sarah Jn and Anna otherwise Hannah Shave equally share and share alike which I do hereby then give and direct to be paid to such of them as shall then be twenty-one years of age respectively and to such of them as shall not then be twenty-one years of age respectively when and so soon as they shall severally attain their respective ages of twenty-one years and in the meantime to continue and place out at interest as aforesaid the several and respective shares of such of them as shall not be of that age respectively and pay and apply all such interest for and towards their several and respective maintenance clothing education bringing up apprenticing out or other benefit and if any of my said five grandchildren that shall then be twenty-one years of age respectively shall die before they have received their several and respective shares of any of them that shall not then be twenty-one years of age respectively shall die under that age and without leaving lawful issue or having attained that age shall die before they have received their several and respective shares without leaving lawful issue then to divide and pay the share or shares of such of them as shall so die among and to the survivors or survivor of them and the issue of such of them as shall be so dead leaving issue equally share and share alike if more than one at their several ages of twenty-one years and in the meantime to continue and place the same out at interest as aforesaid and such interest to receive and pay and apply in manner aforesaid but so as such issue shall not have more than his her or their respective parent or parents would have had if living also I do nominate constitute and appoint the said Jn Mayhew of Colne Engaine aforesaid gentleman and my grandson Jeremiah Shave of the same place farmer executors of this my last will and testament and it is my mind and desire and I do hereby declare and direct that the receipt or receipts of the said Jn Mayhew and Jeremiah Shave or of the survivor of them or of the executors or administrators of the survivor of them or of the survivor of them or of the executors or administrators of the survivor of them as to my first mentioned copyhold messuage tenement or public house called The Five Bells and premises after the decease of my said daughter and that the receipt or receipts of the said Isaac Brown and Jn Shave or the survivor of them or the executors or administrators of the survivor of them as to the rest and residue of my real and personal estates severally and respectively directed to be sold as aforesaid shall be a full and sufficient discharge or discharges to the purchaser or purchasers thereof respectively for so much money for which such receipt or receipts shall be given without such purchaser or purchasers being obliged to see to the application or being answerable for any loss misapplication or nonapplication thereof respectively and further that they the said Jn Mayhew and Jeremiah Shave or the survivor of them his executors or administrators or any of them shall not be charged or chargeable with or accountable for any more monies than they shall respectively actually receive nor with or for any loss that may happen of or to the trust monies unless the same be by their or some of their wilful default nor shall any of them be answerable for the other of them or for the acts receipts or defaults of them but each for his or her own acts receipts and defaults only and that it shall and may be lawful for them and each of them in the first place by and out of the trust monies or the interest thereof respectively to deduct retain and reimburse themselves respectively their or either or any of their reasonable charges for loss of time and trouble and all such loss costs and expenses as they or either or any of them shall sustain expend or be put unto for about or by reason of the performance of this my will and lastly I do hereby revoke and make void all former and other wills and testaments by me at any time heretofore made and I do declare this to be my only last will and testament in witness whereof I the said Jas Mayhew the testator have hereunto set my hand and seal this 11.11.1806 Jas Mayhew signed sealed published and declared by the said testator Jas Mayhew 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 hereunto subscribed our names as witnesses J. Usher K. Beaumont B. Beaumont