Wills (ERO D/ACR 22/240 Barney Barnes 1850 1851)

25.1.1850 (Tuesday 25 January 1850)

document 93001035

this is the last will and testament of me Barney Barnes of Earls Colne in the county of Essex farmer and gardener I direct that all my just debts funeral and testamentary expenses be duly paid and satisfied by my executrix and executor hereinafter named as soon as conveniently may be after my decease I appoint my wife Bridget Barnes (during such time as she shall continue my widow executrix and my friend Jn Overett of Great Tey in the said county of Essex farmer executor and trustee of this my will I give and devise all that my copyhold messuage cottage or tenement in Earls Colne aforesaid with the bake office yard garden and appurtenances to the same belonging late in the tenure or occupation of Benj Sprigett unto my son Robt Baker Barnes his heirs and assigns for ever I order and direst and empower the said Jn Overett his heirs executors and administrators as soon as conveniently may be after my decease to sell and dispose of all those my copyhold cottages or tenements with the appurtenances situate in the parish of White Colne in the said county in the several occupations of Jn Norfolk Wm Norfolk Joseph Newport and Wm Willsher which I lately purchased of Geo Mott and also all those my copyhold cottages or tenements with the appurtenances situate in the said parish of White Colne in the several occupations of Jn Bridge and Jas Owers lately belonging to Thos Fairhead either altogether or in parcels and by public auction or private contract to any person or persons willing to become the purchaser or purchasers thereof for such piece or pieces sum or sums of money and generally on such terms in all respects as to him my said trustee his executors or administrators shall seem fit and proper but with full liberty to buy in the same hereditaments or any part thereof at any public auction or to rescind any contract for sale without liability for any loss to be incurred thereby and for the purpose of such sale or sales to make do sign and execute all such acts deeds matters and things as to him or them shall seem reasonable I give and bequeath all my linen wearing apparel and the wines liquors fuel and other consumable stores and provisions which I shall die possessed to my said wife Bridget Barnes absolutely I bequeath to my said wife the use and enjoyment of the household furniture plate china and utensils not herein before bequeathed and the books pictures and prints of which I shall die possessed of during such time as she shall continue my widow and as to all and every sum and sums of money which may be found in my house or be about my person or due to me at the time of my decease and all monies to arise by the sale of my said copyhold cottages or tenements and all my stocks funds and securities for money book debts money due on bonds bills notes or other securities and all and every other my estate and effects whatsoever and wheresoever whether in possession of reversion remainder or expectancy I declare that my said executor and trustee shall stand possessed thereof upon trust to invest the same on government or real security and to pay the interest or dividends thereof to my said wife during widowhood or in his discretion carry on my business or a farmer and gardener during the widowhood of my said wife for the support and maintenance of her my said wife and such of my children as shall be incapable or providing for themselves and to employ for that purpose all or any part of my said estate and effects without being answerable or liable for any loss that may happen to the same and from and immediately after the decease of my said wife or second marriage whichever shall first happen upon trust to collect get in and receive such parts of my estate as shall consist of money or securities for money and to sell and dispose of and convert into money all other parts of my said estate either by public auction or private contract or by valuation or partly by such mode as to my sa id executor and trustee his executors or administrators shall seem m eet and upon further trust and so soon as the whole of my said estate shall have been converted into money and received for my said executor his executor or administrators to pay and divide the produce arising from the sale or conversion of my said estate and effects as aforesaid unto and between such of my children Thos Barnes Robt Baker Barnes Betsey Barnes and the children of my daughter Eliza the wife of Fred Arthy as shall be living at the time of the decease or remarriage of my said wife (the children of my said daughter Eliza taking one fourth part or share thereof) and the issue of such of them as shall be then dead as and when they respectively attain the age of twenty-one years the issue of any deceased child if more than one taking equally between them the part of share to which such deceased child would have been entitled to if living and I declare my will and mind to be that the receipt and receipts in writing of my said executrix and executor and trustee for the time being shall effectually discharge the purchasers or purchaser of any part of my said estates and every other person or persons to whom the same shall be given from all liability on account of the misapplication or nonapplication thereof nor shall any such person or persons be concerned to see to the application of the monies thereby acknowledged to be received or to enquire into the propriety or expediency of any such sale or sales as aforesaid and I empower my said executrix and executor to compound or compromise debts and claims and settle my accounts and affairs and to adjust by arbitration or otherwise disputes in relation thereto and I hereby declare that my said executrix and executor shall and may at all tim es out of the first monies that may come to her his or their hands reimburse and indemnify herself himself and themselves respectively all such costs damages charges and expenses as she he or they or either of them may be put unto or susta in in and about the execution of the trusts of this my will and that my said executrix and executor his executors or administrators shall not be answerable or accountable for any loss which may happen to the said trust premises unless the same shall happen by or through his her or their respective wilful neglect or default nor for any loss which may happen from depositing the said trust monies in the hands keeping or custody of any banker or other person nor be answerable for more monies than shall actually come into her his or their hands by virtue of this my will and lastly I revoke all former wills and declare this to be my last will and testament in witness whereof I the said Barney Barnes have set my hand at the foot or end thereof the 25.1.1850 in the presence of the two credible witnesses whose names are hereunder subscribed Barney Barnes memorandum the foregoing writing was signed by the said Barney Barnes at the foot or end thereof and acknowledged by him to be his last will and testament in the presence of us who were present at the same time and we do hereby attest and subscribe our names as witnesses to the same will in his presence and in the presence of each other accordingly Jn Mayhew solicitor Coggeshall Robt Barnes