Wills (ERO D/ACR 21/752 Wm Ruffle 1840 1841)

27.6.1840 (Thursday 27 June 1840)

document 93000985

this is the last will and testament of me Wm Ruffle of Earls Colne in the county of Essex gardener first I nominate and appoint my son in law Geo Stutter of Castle Hedingham in the said county butcher my son in law Wm Kirkpatrick of London wine merchant and my friend Jn Overett of Great Tey in the said county gardener executors of this my will and also trustees for the purposes hereinafter mentioned and I give and bequeath to the said Jn Overett the sum of £10 as a small acknowledgement for his trouble over and above his reasonable expenses for loss of time and otherwise in the execution of this my will I direct that all my just debts funeral and testamentary expenses be paid as soon after my decease as conveniently may be and I do hereby direct authorise and empower my said trustees and executors or the survivors or survivor of them his executors or administrators as soon after my decease as conveniently may be to sell and dispose of all and singular my copyhold messuages lands tenements hereditaments and premises whatsoever and wheresoever situate and of whatsoever manor or manors the same may be holden either by public auction or private contract or both and either together or in lots as he or they shall think proper for the best price or prices that can be reasonably had for the same and for facilitating the sale or sales of my said copyhold estate and premises I do declare that the receipt or receipts of my sai d trustees and executors or the survivors or survivor of them or the executors of administrators of such survivor shall from time to time be a good and sufficient discharge or good and sufficient discharges to the purchaser or p urchasers of the same estates and premises or any part or parts thereof and by her and their heirs executors administrators and assigns respectively for so much of the purchase money as in such receipt or receipts shall be given for such purchase money such purchaser or purchasers by his her or their heirs executors administrators or assigns shall be absolutely acquitted and discharged or and from the same and shall not be obliged to see to the application thereof nor be answerable or accountable for the loss misapplication or nonapplication thereof and the net monies arising from such sale or sales and from the rents and profits thereof until sale shall become part of my personal estate and be applied therewith as hereinafter directed and I give and bequeath unto my said executors and the survivors and survivor of them his executors and administrators all my term estate and interest whatsoever in the lands I now hold and occupy under lease and agreement at the time of my decease together with the stock and crops thereon and also all my household furniture plate linen china books and other my estate effects and property whatsoever and wheresoever upon trust that they my said executors or the survivor or survivors of them or the executors or administrators of such survivor do and shall cultivate and manage such lands until the expiration of such lease and agreements in case it shall appear to them most beneficial and proper so to do and in case my said executors or the survivor or survivors of them or the executors or administrators of such survivor shall in their discretion think proper to discontinue the holding such lands as aforesaid before the expiration of such lease and agreements it is my will that they shall be at liberty so to do and in that case or immediately after the expiration of such lease and agreements I do hereby authorise and direct them to sell all my aforesaid stock and crops household furniture and other effects of what nature or qual ity soever the same may consist in order that the same may be converted into ready money and the net monies arising and to be produced from such sale (except such part as may have been applied for the purpose hereinafter mentioned) I direct shall become part of my personal estate and be applied therewith as hereinafter directed (that is to say) in the first place I direct my said trustees and executors to retain and place out at interest in their names upon government or real security a sufficient sum out of the monies arising from the sale or sales of my said copyhold estates herein before directed to be sold as will produce the clear yearly dividends interest or annual sum of £25 and pay such yearly sum of £25 by half yearly payments unto Mary Moule my present housekeeper during her life to whom I give and bequeath such dividends and interest accordingly the first payment thereof to be made at the expiration of six calendar months next after my decease and in case the net produce arising from the sale of my said copyhold estates shall not be sufficient for that purpose I direct that the deficiency of such annuity shall be made up out of the profits arising from carrying on my said business until the same shall be put off and then I direct my said trustees and executors for the time being to make such further investment as may be necessary to make up such deficiency out of the monies to arise from the sale of my aforesaid personal estate and effects and in the next place from and immediately after such sale and conversion of my said personal estate and effect into ready money and investment as aforesaid I direct that the then residue of the net monies arising from my aforesaid estate and effects as also the principal money so directed to be placed out for the benefit of the said Mary Moule as aforesaid from and immediately after her decease shall severally and respectively be paid and payable as and when such monies shall respectively be received unto all my children including my natural son Jn Moule otherwise Ruffle (by the said Mary Moule ) equally to be divided between them share and share alike and the issue of such of them as may have died before the respective divisions of the said trust monies such issue taking equally between them if more than one the share of his her or their deceased parent or parents and I declare and direct that the share and shares of my daughters respectively shall be paid into their own respective hands independently of and free from the control debts or engagements of her or their present or any future husband they may happen to marry and her receipt alone notwithstanding coverture shall be the only legal discharge to my said trustees and executors for such her share and I declare that it shall be lawful for my said trustees and executors to reimburse himself and themselves out of the trust monies aforesaid all expenses they may be put unto in the execution of this my will and that they shall respectively be accountable only for such monies as shall come to their or his hands and no t for any loss which may happen to the said trust monies without their own wilful neglect or default respectively and each of them shall be answerable only for his own acts receipts neglects and defaults and I hereby revoke all former wills by me at any time heretofore made in witness whereof I the said Wm Ruffle the testator have to this my last will and testament set my hand this 27.6.1840 Wm Ruffle signed by the said Wm Ruffle the testator in the presence of us both being present at the same time and who in his presence have hereunto subscribed our names as witnesses Thos Sadler solicitor Coggeshall Robt Mayhew clerk to mr Sadler