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Wills (ERO D/ACR 21/801 Peter Gardener 1837 1843)

16.2.1837 (Monday 16 February 1837)

document 93000935

this is the last will and testament of me Peter Gardener of Earls Colne in the county of Essex maltster first I appoint my son Wm Gardener and my son in law Robt Stedman executors thereof and I give and bequeath unto my dear wife Eliza Gardener the sum of £50 which I direct my executors to pay to her within one month after my decease I also give and bequeath unto my dear wife for her own absolute use benefit and advantage all the furniture in the first parlour of my dwelling house and also all the furniture with the bed and bedding of my sleeping room and all the rest and residue of my household furniture plate linen china glass and household stuff in and about my said dwelling house at the time of my decease I direct to be valued and as to one moiety of the said valuation I hereby charge and direct my said son Wm Gardener to pay to my daughter Sarah the wife of Robt Stedman and as to the other moiety thereof I hereby give and bequeath the same to my said son absolutely and my will is and I direct that my said executors shall and do as soon as conveniently may be after my decease collect and get in all sums of money that may be due and owing to me at the time of my decease whether upon bond note of hand or otherwise and convert into money all the rest and residue of my personal estate and effects whatsoever and wheresoever not herein before disposed of and after payment of all my just debts funeral expenses thereout that they do and shall pay and divide the same equally between my said son and my said daughter Sarah the wife of the said Robt Stedman for their own absolute use benefit and advantage and as to all that my freehold messuage or tenement malting offices and premises situate in Earls Colne aforesaid I give and devise the same to my said son Wm Gardener his heirs and assigns to hold to him my said son his heirs and assigns for ever upon condition nevertheless and to the intent that my said wife Eliza Gardener may receive during her life and annuity or annual sum of £30 sterling clear of all deductions and abatements whatsoever to be issuing out of the said messuage or tenement malting offices hereditaments and premises and to be paid by four equal quarterly payments (that is to say) on the 25th december the 25th march the 24th june and the 29th september in every year the first quarterly payment thereof to be made on such of the said days as shall first happen after my decease and to be free and clear of and from the control debts or engagements of any future husband with whom she may intermarry and I hereby declare that her receipt alone shall be the only sufficient discharge for the same and for more effectually securing the said annuity or annual sum I declare that in case and quarterly or other proportion thereof shall be in arrears wholly or partially for twenty-one days next after any one of the days whereon the same is herein before appointed to be paid that then and so often from time to time is shall be lawful for my said wife into and upon all the said messuage or tenement malting offices and premises or any part thereof to enter and distrain for the said an nuity or yearly sum of £30 and all the arrears thereof and the distress and distresses then and there found to detain manage sell and dispose of in the same manner in all respects and upon the same terms as distresses for rent reserved upon leases for years may be and are or ought to be detained managed sold and disposed of and as if such annuity of £30 was rent reserved upon a lease for years to the intent that my said wife shall forthwith or otherwise be fully satisfied and paid the same and all arrears thereof and all costs charges and expenses to be occasioned by the nonpayment thereof at the days and times herein before appointed for payment of the same and I declare that such annuity of £30 is so given to and to be accepted by my said wife in lieu and bar of all dower freebench thirds or other customary provision out of my real or personal estate and upon condition that my said wife do within three calendar months next after any request in writing for such purpose of my son the said Wm Gardener his heirs executors administrators or assigns not only declare her acceptance of the same in lieu and satisfaction of and for such dower freebench thirds or other customary provision but also at the costs of the said Wm Gardener his heirs executors administrators and assigns release and discharge my real and personal estate from the same and upon further condition nevertheless and my will is and I do hereby expressly subject and charge my said messuage or tenement malting offices and premises with the payment of the sum of £250 sterling to my said daughter Sarah the wife of the said Robt Stedman to be paid to here within twelve calendar months next after the decease of my said wife and which said sum of £250 I direct shall be paid to her independent of her present or any future husband with whom she may intermarry his debts control or engagements and that the receipt of my said daughter alone shall be a good and sufficient discharge for the same and in case my said daughter shall dies in my life time or in the life time of my said wife leaving a child or children then I direct that the said sum of £250 shall go to and be paid if only one child to such child and if more than one the same to be equally divided between them share and share alike and to be paid to them on their respectively attaining the age of twenty-one years I give devise and bequeath unto my said executors and the survivor of them his executors and administrators all estates which at the time of my decease shall be vested in me upon trust for any person or persons whomsoever but such to the tr usts affecting the same and I do hereby declare it to be my will that my said executors or either of them their or either of their executors or administrators shall not be responsible or answerable for or charged or chargeable with any more of the said monies than he she or they shall actually receive or come to their respective hands by virtue of this my will nor with or for any loss or reduction which shall or may happen to the same or any part thereof so as such loss happen without their or one of their wilful neglect or default nor the one of them my said executors for the other of them or for the acts deeds receipts disbursements neglect or default of the other of them but each for himself or herself only and also that it shall be lawful for them my said executors and each of them and the survivor of them his and their executors and administrators at all times in the first place to reimburse himself and themselves respectively all such costs charges and expenses as he or they or any of them shall sustain expend or be put unto in or about the execution of that my will or in any wise relating thereto and lastly I do hereby declare that this writing contains the whole of my last will and testament and I hereby revoke every other will codicil or testamentary writing by me heretofore made in witness whereof I the said Peter Gardener the testator have to this my last will and testament set my hand and seal this 16.2.1837 Peter Gardener signed sealed published and declared by the said Peter Gardener the testator as and for his last will and testament in the presence of us who in his presence at his request and in the presence of each other have subscribed our names as witnesses hereto Jn Mayhew solicitor Chelmsford (in lighter hand) Coggeshall(inserted) Dan Smith Jn Kirkham