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Wills (ERO D/ACR 22/103 Jas Stuttor 1848 1849)

30.11.1848 (Tuesday 30 November 1848)

document 93001025

this is the last will and testament of me Jas Stuttor of Earls Colne in the county of Essex butcher and farmer I bequeath to my daughters Mary Eliz Stuttor and Ann Stuttor the bed bedding and bed room furniture now in the room wherein they now sleep and direct my executors to divide the same between them my said daughters equally in value as the nature thereof with admit I direct my executors to divide and distribute all the plate linen and books of which I shall die possessed between and amongst themselves and the rest of my children in such manner and proportions as they my executors shall think fit and I bequeath the same accordingly I devise all the freehold estates to which I shall be entitled as my decease unto and to the use of my eldest son Geo Newman Stuttor and my said daughter Ann Stuttor their heirs and assigns upon trust to sell the same together or in parcels by public auction or private contract at such place and time and subject to such stipulations relative to title or to any matters connected with the sale as my said trustees shall judge expedient with full authority to fix reserved biddings and buy in any lot or lots at any auction and to rescind or vary any contract for sale without being liable for any consequential loss and also to execute such instruments and assurances as shall be requisite for effecting and completing the sale of my said freehold estates and I direct that the money to arise from the sale of my said estates shall be received by my said trustees and be disposed of in manner hereinafter expressed I will that my copyhold estates shall so far as the tenure thereof will permit be disposed of according to the trusts and declarations herein before contained concerning my said freehold estates and for the greater convenience of performing such my will I devise the same copyhold estate to such uses as my trustees shall by any deed or deeds be executed within twenty-one years from my decease appoint in order to complete any sale or sales to be made pursuant to my will and in default of appointment to the use of the said Geo Newman Stuttor and my said daughter Ann Stuttor their heirs and assigns to be held upon and subject to the trusts and declarations aforesaid I bequeath the residue of my personal estate not herein before specifically bequeathed to which I shall be entitled at my decease unto my said trustees upon trust to convert collect and get in the same and receive the money to arise therefrom with full authority to compound debts submit differences to arbitration give receipts execute releases and do or concur in all acts and arrangements for realizing my estate or settling my affairs according to their discretion and I declare that my said trustees shall stand possessed as well of the monies to arise from the sale of my real estates both freehold and copyhold upon trust after payment thereout of my just debts (and especially a certain debt of £300 due to my said daughter Mary Eliz Stuttor for which she holds security) funeral and testamentary expenses to pay and divide the same equally between my children the said Geo Newman Stuttor Mary Eliz Stuttor Ann Stuttor Geo Stuttor and Chas Stuttor and their respective executors administrators or assigns and I bequeath the same to them my said children respectively accordingly provided always and notwithstanding the trusts for sale thereof herein before contained I expressly declare and direct that my said trustees shall not sell my freehold dwelling house wherein I now reside with the butcher's shop yards gardens barns stables slaughter house bullock houses and other the appurtenances thereto belonging until the option of purchasing the same at the price or sum of £350 shall have been given to my said eldest son Geo Newman Stuttor (notwithstanding his being a trustee of this my will) and also shall not sell of cause to be sold my three copyhold fields partly adjoining my said freehold premises until my said eldest son Geo Newman Stuttor shall have had to option of purchasing the same at the price or sum of £300 and in case the said Geo Newman Stuttor shall refuse to become the purchaser of the said three copyhold fields at the said sum of £300 then my said trustees shall not sell the said three copyhold fields until they my said trustees shall have offered the same to my said daughter Mary Eliz Stuttor at the same price or sum of £300 but no purchaser under my will shall be obliged to take notice of this proviso and direction and I declare that if my said eldest son Geo Newman Stuttor shall become the purchaser of either of my before mentioned freehold or copyhold hereditaments or my said daughter Mary Eliz Stuttor of the said copyhold hereditaments under the proviso and declaration herein before contained for that purpose that the costs and expenses or conveying and assuring the same respectively to him or them shall be paid out of my trust estate (except the fine due to the lord of the manor on admission to the said copyhold hereditaments which shall be paid by the party purchasing the same) I devise all the real estate which at my decease shall be vested in me as mortgagee or trustee to my said trustees subject to the equities affecting the same respectively I declare that the receipts of my said trustees shall exonerate purchasers and other monies to such trustees by virtue of my will from all liability in respect of the application thereof I declare that if my said trustees or any of them or any trustees or trustee to be appointed under this provision shall die or become unwilling or unable to act as trustees or trustee of my will it shall be lawful for the trustees or trustee for the t ime being whether continuing or declining to act or if none for the executors or administrators or either or any of the executors or administrators of any deceased trustee to appoint any fit person or persons to be a trustee or trustees in the place of any trustee or trustees dying or becoming unwilling or unable to act and I declare that the trustees or trustee for the time being of my will shall be competent to excuse all the powers and discretions hereby confided to the trustees herein named and I further declare that the trustees for the time being of my will shall not be answerable for each other's acts or receipts nor for losses happening without their own respective default and shall be at liberty to retain and allow to each other out of the trust monies all expenses incident to the execution of the trusts and powers of my will I nominate constitute and appoint my said eldest son Geo Newman Stuttor and my said daughter Ann Stuttor to be executors of this my will and lastly I revoke all former wills in witness whereof I have hereunder set my hand this 30.11.1848 Jas Stuttor signed by the said testator as his last will and testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have subscribed our names as witnesses J. P. Taylor surgeon Earls Colne Chas M. Wade clerk to messrs Sperling & Harris solicitors Halstead