Abstract, Transcription and translation to Modern English by Trevor Hearn July 2021

Abstract

William Haward , oyster dredger, of West Mersea, Essex
Date of Will:   10 May 1794
Date of death: unknown (buried 30 May 1796 West Mersea parish Church - from Parish Records)
Date of Probate: 17 June 1796

Married to Ruth to whom he bequeathes £100 to be paid 3 months after his death. The rest of William's estate, goods and property to be converted (sold) for cash, including any property out on security, and divided equally between the three children, William, Isaac and Hannah at 6 months after his death. Should Issac or Hannah die before attaining the age of 21 then their share to be paid in equal parts to the issue of William. Sons William and Isaac Haward are appointed executors. Document signed and sealed in the presence of Thomas Maberly and [???] Waynman. Probate granted at the Prerogative Court of Canterbury before John Fisher, doctor of law surrogate.

Transcription
(There is a translation to Modern English further down the page)

Page 1
1   This is the last Will
2   and Testament of me - William Haward of West Mersea
3   in the County of Essex Oyster Dredger being of sound In
4   Mind Memory and understanding after the payment of
5   my Funeral Expences the Charges of proving this
6   my Will and all my Just Debts I dispose of the remainder
7   of my \worldly/ Estate and Effects in manner hereinafter mentioned
8   I give and bequeath unto my present wife Ruth the
9   sum of One hundred pounds to be paid to her at the
10   expiration of three Months next after my decease
11   All the Rest Residue and Remainder of my Estate
12   Goods Chattels Rights Credits and Effects whatsoever and
13   wheresoever after such part or parts thereof that may
14   not consist of Money is converted into Money and on
15   such part or parts thereof that may

Page 2
1   at the time of my decease be standing out on Security
2   or Securities or otherwise is and are gotten in and receeded
3   I give and bequeath unto my three Children William
4   Haward Isaac Haward and Hannah Haward equally to
5   be divided amongst them share and share alike at the
6   expiration of six Months next after my decease But
7   in Case my said son Isaac and daughter Hannah or
8   either of them shall happen to depart this life before
9   the age of twenty one years and before his or her said
10   share shall become payable without having lawful
11   Issue Then I give their said shares or the share of
12   him or her so dying without Issue unto such Child or
13   Children of my said Son William as shall be \then/ living and
14   the Issue of such Child or Children of my said Son William
15   that may be then deceased equally to be divided among
16   and paid to them share and share alike at the
17   age of twenty one years the Issue of such Child or
18   Children of my said William that may be so deceased
19   to be entitled to and paid only the part or share
20   due her or their Father or Mother would have
21   been entitled to if living and I do hereby nominate
22   and appoint my said Sons William and Isaac Executors
23   of this my last Will and Testament And I do hereby
24   revoke all former wills by me made declaring this
25   only to be and contain my last Will and Testament
26   In witness whereof I have to this my last Will and
27   Testament contained in one sheet of paper set my
28   hand and seal this tenth day of May in the year
29   of our Lord One thousand seven hundred and ninety
30   four - [signature of William Haward and seal] - Signed Sealed Published and
31   Delivered by the said William Haward in due form of
32   Law as and for his last Will and Testament in the
33   presence of us - Tho: Maberly - [???] Waynman Clerk to do

34   This Will was proved at London the
35   seventeenth day of June in the year of our Lord
36   One thousand seven hundred and ninety six before
37   the worshipful John Fisher Doctor of Law Surrogate
38   of the Right Honourable Sir William Wynne Knight
39   and Doctor of Laws Master Keeper or Commissary of
40   the Surrogation Court of Canterbury lawfully constituted
41   by the Oaths of William Haward and Isaac Haward
42   the sons of the deceased and the Executors named in
43   the said will to whom Administration of all and
44   singular the Goods Chattels and Credits of the said
45   deceased was granted having been first sworn duly to
46   Administer.

Translation to Modern English
This is the last will
and testament of me, William Haward of West Mersea
in the county of Essex, oyster dredger, being of sound
mind and understanding. Following payment
of my funeral expenses, fees for proving my
will and settlement of all my debts, I dispose of the remainder
of my estate and personal effects as follows:
I give and bequeath to my wife Ruth the
sum of one hundred pounds payable at
the expiration of three months following my death.
The residue and remainder of my estate,
goods, chattels, rights, credits and effects whatsoever and
wheresoever located shall be, if not already in monetary form,
sold for cash. Any parts of my estate that are secured
shall be released and liquidated for cash. Such total cash
shall be divided into three equal parts and I bequeath
one part each to my three children William
Haward, Isaac Haward and Hannah Haward, to
be paid at the expiration of six months after my death.
Should my son Isaac and my daughter Hannah, or
either of them, die before the age of twenty one years and
before their share shall become payable to them without
having children, then I give their shares, or the share of
the one that has died without children, to the child
or children as shall then be alive of my eldest son William.
Should the issue of such child or children of my said son William
have died in the meantime, then such share shall be divided equally
among the surviving child or children upon reaching the age
of twenty one. For the avoidance of doubt, the share due
to the surviving child or children shall only be equal to the
amount that would have been inherited by the father
or mother of such deceased child. I hereby nominate
and appoint my sons William Haward and Isaac Haward
to be executors of this my last will and testament. I
hereby revoke all former wills and declare this to be
my last will and testament. In witness whereof
I have signed and sealed this, my last will and testament,
on 10th May 1794 in the presence of Thomas Maberly and [???] Waynman, clerk
to Thomas Maberly.

[Signatures of William Haward, Thomas Maberly and [???] Waynman]

This will was provied in London on
17th June 1796 before the worshipful
John Fisher, Doctor of Law Surrogate,
of the Right Honorouble Sir William Wynne,
Doctor of Laws, Master Keeper or Commissary of
the Prerogative Court of Canterbury lawfully constituted
by the oaths of William Haward and Isaac Haward,
the sons of the deceased and the executors named in
the said will to whom administration of all
and singular the goods, chattels and credits of the said
deceased was granted having first been sworn duly to
administer.

MARG - Mersea Archive Research Group
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