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Wills (ERO D/ACR 19/660 Wm Powter alias Poulter 1815 1815)

11.8.1815 (Thursday 11 August 1815)

document 93000630

this is the last will and testament of me Wm Powter otherwise Poulter of Earls Colne in the county of Essex gardener made as follows (that is to say) I give and devise all that my freehold croft or piece or parcel of land or ground called Three Corner Croft ( (390) ) Three Corner Croft containing 2a more or less lying and being in Earls Colne aforesaid and not in the occupation of Thos Woolman unto and to the use of my eldest son Wm Powter otherwise Poulter his heirs and assigns for ever and it is my mind and I do desire and direct that my executors hereinafter named do and shall from time to time receive the rents and profits thereof until he my said son shall have attained his age of twenty-one years and lay out and apply the same for his use and benefit until that time also I desire and direct authorise and empower my executors hereinafter named or the survivor of them or 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 my messuages lands grounds tenements hereditaments and real estate of what tenure or nature soever and wheresoever (except the abovementioned and devised premises) and also all my goods chattels and personal estate and effects of what nature quality or denomination soever and wheresoever that shall be saleable either entirely or in parcels for the best price or prices and most money that can be gotten for the same respectively and out of the monies thereby respectively raised and to the rents and profits of the said real estates until such sale or sales and of all such ready money and other monies that shall belong to me and I shall leave at my decease to pay the charges of such sale or sales of my funeral of the probate hereof my just debts and all expenses attending the due execution of this my will and the rest and residue of the same monies to put place and continue out at interest upon real or government security or securities or in the public stocks or funds with all speed and from time to time to receive the interest thereof and thereout to pay unto my wife Eliz the sum of 4s weekly and every week until the sum of £40 shall have been thereby paid to her upon every saturday in every week, the first payment to commence on the first saturday next after the receipt of any interest by my said executors and which shall be paid to her in lieu bar and full satisfaction of all her dower thirds claim and demand whatsoever out of and upon any my real and personal estates and effects and the residue of such interest from time to time to lay out apply and pay for or towards the necessary use and benefit of all my children (except my said eldest son) that I shall leave at my decease until such time as my youngest child shall have attained the age of twenty-one years and then to divided and pay the principal money and all unreceived and unapplied interest thereof among and to all my said children equally share and share alike (except my said eldest son) and in case any of my said children shall die before my youngest child shall have attained the age of twenty-one years without leaving lawful issue that shall live to the age of twenty-one years, 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 when and so soon as the youngest of them my said children as shall be then living shall have attained the age of twenty-one years and the issue of such of them as shall be dead leaving lawful issue living when my youngest child shall have attained the said age of twenty-one years equally share and share alike if more than one at the several and respective ages of such issue as shall have attained or shall attain the age of twenty-one years at or after my youngest child shall have attained the said age of twenty-one years and not before and in the mean time to place and continue the share or shares of such issue as shall not then have attained the said age of twenty-one years out at interest upon the aforesaid security or securities and the interest thereof respectively to receive and apply and pay for their respective use and benefit of such issue, but so as such issue shall not have more than their respective parents would have had if living also I do nominate and appoint Jas Wing of Earls Colne in the said county of Essex shopkeeper and Thos Mills of Colne Engaine in the same county gardener and farmer joint executors of this my last will and testament and also guardians of all my said children that are unmarried and under age during their several and respective minorities and it is my mind and desire and I do hereby declare and direct that the receipt or receipts of my said executors or of the survivor of them or of the executors or administrators or the survivor of them shall be a full and sufficient discharge to the purchaser or purchasers of all or any part or parts of my said real and personal estates and effects directed to be sold as aforesaid for so much money for which such receipt or receipts shall be given without such purchaser or purchasers being obliged to see the application or being answerable for any loss misapplication or nonapplication thereof and further that they my said executors or either 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 unless the same be by their or one of their default nor shall either of them be answerable for the other of them or for the acts receipts or defaults of the other of them but each for his own acts receipts and defaults only and that they and each of them may and shall by and out of the said principal monies or the interest thereof deduct retain and reimburse themselves and each of them their and each of their reasonable charges for loss of time and trouble and all such loss costs and expenses as they or either of them shall sustain expend or be put unto in and about the due execution of this my will and I do hereby revoke and make void all former wills and testaments by me at any time made and I do publish and declare this to be my last will and testament in witness whereof I have hereunto set my hand and seal this 11.8.1815 mark Wm Powter otherwise Poulter signed sealed published and declared by the said testator Wm Powter otherwise Poulter 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 out names as witnesses J. Usher J. P. Taylor Jas Wenden