Will of George Wayland of Fingringhoe 1790 TNA PROB 11/1264/41

The Will of George Wayland of Fingringhoe 1790 The National Archives PROB 11/1264/41

Transcribed by Elaine Barker June 2020

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1.   In the Name of God I
2.   George Wayland of Fingringhoe in the County of Essex
3.   Gentleman being at this time in good health of body
4.   and of sound and disposing mind do make my last
5.   Will and Testament in manner following (that is
6.   to say) I resign my Soul to God my Creator hoping

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7.   for the pardon of my Sins thro' the merits of Jesus Christ,
8.   my Saviour my Body I commit to the Earth to be
9.   decently buried at the direction of my Executrix and
10.   Executors hereinafter named and as for my Estate and
11.   Effects I dispose thereof as follows (to wit) All and every
12.   the copyhold Messuages Lands Tenements and
13.   Hereditaments which by my Marriage Articles made
14.   previous to my Marriage with Miss Elizabeth
15.   Brabe my present wife bearing date the tenth day
16.   of May One thousand seven hundred and sixty were
17.   Covenanted and Agreed to be surrendered and settled
18.   were by my late Father in his life time duly surrendered
19.   To the uses therein mentioned Now therefore I do
20.   by virtue and in pursuance of the power given to
21.   me by the said Articles by this my last Will and
22.   Testament in Writing duly executed and published
23.   in the presence of three credible Witnesses attesting
24.   my execution thereof Give devise Limit and appoint
25.   All and every the said Copyhold Messuages Lands
26.   Tenements and Hereditaments so agreed to be
27.   surrendered and settled (and which I usually call
28.   my West Farm) and every part and parcel thereof
29.   Subject to the Estate and Interest of my said Wife
30.   therein unto and to the use of my only Child Mary
31.   Ann Wayland and her Assigns for and during the
32.   term of her natural life she keeping the same and
33.   all Buildings thereon in good and substantial
34.   repair and from and immediately after the decease
35.   of my said daughter I give and devise limit and
36.   appoint all and every the said Messuages Lands
37.   Tenements and Hereditaments whatsoever unto
38.   and to the use of all and every the Child and Children
39.   of my said daughter lawfully to be begotten in and
40.   by equal parts or shares if more than one as tenants
41.   in common and not as Joint tenants and to the
42.   heirs of their respective bodies and if any one or
43.   more of such Children shall depart this life without
44.   leaving any lawful issue of his her or their body or
45.   bodies or in failure of such issue Then I give and
46.   devise direct and appoint the part or parts of such
47.   Child or Children so dying of and in the said
48.   premises unto and to the use of the Surviving
49.   Child or Children of my said daughter in and by
50.   equal parts or shares and tenants in Common and
51.   not as Joint Tenants and to the Heirs of their
52.   bodies and if there shall be only one such Child
53.   of my said daughter or more than one and every
54.   of them (except one) shall die without issue or in
55.   failure of such issue I give and devise all the said
56.   premises to such only or only surviving Child and
57.   the Heirs of his or her body and for default of all
58.   such issue Then I give and devise

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59.   direct and appoint all and every the said Copyhold
60.   Messuages Lands Tenements and Hereditaments
61.   whatsoever unto and and To the use of my Nephew
62.   Robert Tabrum and his Assigns for and during the
63.   term of his natural life he keeping the same and
64.   all the Buildings thereon in good and substantial
65.   repair and from and after the decease of the said
66.   Robert Tabrum I give devise limit and appoint the
67.   said Messuages Lands Tenements Hereditaments
68.   and premises unto and to the use of of all and every
69.   the Child and Children of the said Robert Tabrum
70.   lawfully begotten or to be begotten in and by equal
71.   parts or shares if more than one as tenants in
72.   Common and not as Joint Tenants and to the heirs
73.   of their respective Bodies and as to the Mansion
74.   House Farm and Estate wherein I now dwell those
75.   belong to my daughter in her own right from her
76.   Mothers Relations And to the best of my recollection
77.   I and my Wife have been admitted to a Copyhold
78.   Farm and Estate at Wigborough for the term of
79.   our lives and the life of the longer liver of us
80.   remainder to the Heirs of our bodies which as far
81.   as I can I hereby ratify and confirm to my said
82.   daughter accordingly And I think it necessary to
83.   declare that I have had and received of my said
84.   Wife's late Father Mr John Brabe, or his Executrixes
85.   the Sum of Five hundred pounds which the said
86.   John Brabe did by the said Marriage Articles
87.   Covenant to pay to me towards the marriage
88.   portion of his daughters my now Wife so that I
89.   have no claim or demand for the said Five hundred
90.   pounds or any part thereof and that I did also
91.   receive in right of my said Wife shortly after her said
92.   Fathers decease the Sum of Eleven hundred pounds or
93.   thereabouts as and for my said Wife's share of the
94.   clear residue or surplus of her said late Fathers
95.   personal Estate and Effects which by the said Articles
96.   was agreed (and which I conclude is to be raised
97.   out of my personal Estate and / to be settled in the
98.   manner in the said Articles mentioned /And as for
99.   my own proper Estate and Effects both real and
100.   personal I dispose thereof in manner following
101.   (that is to say) I do hereby give and bequeath
102.   unto my said Wife the sum of Three hundred
103.   pounds to be paid to her out of my personal Estate
104.   within six months next after my decease and I
105.   also give and [three lines crossed out]....
106.   ....confirm to
107.   her all her Wearing Apparel Rings and Jewels
108.   and likewise all my Plate which I shall be possessed

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109.   of at the time of my decease for her own use and benefit
110.   Item I give and devise unto my said Wife my Freehold
111.   Messuage or Tenement with the Yard Ground Heredit[ament]s
112.   and Appurtenances thereunto belonging in Ardleigh
113.   in the said County of Essex To hold to her, her Heirs
114.   and Assigns for ever absolutely Also I give and devise
115.   All and every other my Messuages Lands Tenements
116.   and Hereditaments whatsoever in West Mersea East
117.   Mersea and Peldon in the County of Essex or elsewhere
118.   with their and every of their Rights Members and
119.   Appurtenances unto my said daughter Mary Ann
120.   Wayland and her Assigns for and during the term of
121.   her natural life she keeping the same and all the
122.   Buildings thereon in good and substantial repair and
123.   from and immediately after my said daughters
124.   decease I give and devise the Messuage Farm and
125.   Lands with the Appurtenances being part Freehold
126.   and part Copyhold and formerly the estate of the Miss
127.   Todds in East Mersea aforesaid and also the two
128.   Copyhold Cottages Farm and Lands with the Appurt[enance]s
129.   in East Hall and Reves Hall Manors in East Mersea
130.   which I lately purchased of Thomas Willee and all
131.   other my real Estate in East Mersea aforesaid with
132.   the Appurtenances unto and to the use of Litchfield
133.   Moseley and my Niece Betsy his Wife and their
134.   Assigns during their joint natural lives and the life
135.   of the longer liver of them they keeping the same and
136.   all the Buildings thereon in good and substantial
137.   repair and from and after the decease of the survivor
138.   of them the said Litchfield Moseley and Betsy his
139.   Wife I give and devise the same unto and to the use
140.   of all and every the Child and Children of the said
141.   Betsy Moseley lawfully begotten or to be begotten in
142.   and by equal parts or shares if more than one as
143.   tenants in Common and not as jointenants and to
144.   the Heirs of their respective bodies And from and
145.   immediately after the decease of my said daughter
146.   I give and devise all those my Copyhold Messuages
147.   or Tenements in West Mersea aforesaid with the
148.   Yards Gardens Field and Appurtenances thereunto
149.   belonging called Clovers otherwise the Meeting house
150.   Estate and which my late Father bought at separate
151.   times of John Miller and Peter Instance into and to
152.   the use of my Godson George Wayland Moseley his
153.   Heirs and Assigns for ever absolutely And from and
154.   immediately after my said daughters decease I give
155.   and devise unto my niece Mary the Wife of
156.   Naylor and her Assigns during the term of her natural
157.   life ( she and they keeping the Buildings in good repair
158.   my Copyhold Messuage or Tenement Farm and Estate
159.   with the Cottages Buildings Lands Tenements and
160.   Appurtenances thereto belonging which I purchased

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161.   of the late William Smythies in West Mersea aforesaid
162.   and holden of the Manors of West Mersea and Bower
163.   Hall And also all those my Copyhold Messuages
164.   Tenements or Cottages and three Acres of Land in
165.   West Mersea called Holbrooks otherwise Sayers with
166.   the Hereditaments and Appurtenances thereto
167.   belonging now occupied by John Seabrow and
168.   Samuel Pennick James Cutberd and Thomas Cutt
169.   some or one of them and which Estate I purchased
170.   of Rayment Knightley Shellee also holden of the
171.   said Manor of West Mersea And from and
172.   immediately after my said Niece Mary Naylors
173.   decease I give and devise the same unto and to the
174.   use of all and every the Child and Children of the
175.   said Mary Naylor lawfully begotten or to be begotten
176.   in and by equal parts or shares if more than one
177.   as tenants in Common and not as joint Tenants
178.   and to the Heirs of their respective Bodies and from
179.   and immediately after my said daughters decease
180.   I give and devise unto Gregory Haxcell (Son of my
181.   Relation Gregory Haxcell deceased) and his Assigns
182.   during the term of his natural life (he or they
183.   keeping the Buildings in good and substantial repair)
184.   All those my Freehold Messuages Tenements or
185.   Cottages Barn Stable Buildings Lands Hereditaments
186.   and Estate with the Appurtenances in Peldon
187.   aforesaid which I lately purchased of the Reverand
188.   John Hall And also all those my Freehold Messuages
189.   or Tenements Malting Office Barn Stable Buildings
190.   Lands Hereditaments and Estate in Peldon aforesaid
191.   with the Appurtenances which my said late Father
192.   purchased of Mrs Sarah Pissey (Subject to such right as
193.   the Widow of my said late Father hath for her life in
194.   or to one of the Tenements last mentioned by virtue
195.   of my said Fathers Will) and from and immediately
196.   after the decease of the said Gregory Haxcel I give
197.   and devise the same unto his Brother George
198.   Haxcell and his Assigns for and during the term of
199.   his natural life he keeping the same and all the
200.   Buildings thereon in good and substantial repair
201.   and from and immediately after his decease I give
202.   and devise the same unto his Brother John Haxcell
203.   and his Assigns for and during the term of his
204.   natural life keeping the same and the Buildings
205.   thereon in good and substantial repair and from
206.   and immediately after his decease I give and
207.   devise the same Estates late purchased of Mr Halls
208.   and Mrs Pissey unto William Haxcell (another Son
209.   of my Relation Gregory Haxcell deceased) and to
210.   the Heirs and Assigns of the said William Haxcell
211.   for ever absolutely Item I give and bequeath unto
212.   my Brother in Law Robert Tabrum the Two hundred

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213.   pounds which he owes me and such Interest as may be
214.   due thereon at my decease and direct that the Note he
215.   has given me for the same may be delivered up to him
216.   accordingly Also I give and bequeath unto my said
217.   Nephew Robert Tabrum Betsy the Wife of the said
218.   Litchfield Moseley and Mary the Wife of the said
219.   Naylor the Sum of Two hundred
220.   pounds a piece to be paid to them respectively out of
221.   my personal Estate within one year next after my
222.   decease. Also I give and bequeath unto Elizabeth, John
223.   and William Haxcell (three of the Children of my said
224.   Relation Gregory Haxcell deceased) the Sum of One
225.   hundred pounds a piece and to Gregory and George
226.   Haxcell (the two other Children of the said Gregory
227.   Haxcell deceased) the Sum of Fifty pounds a piece to
228.   be paid to them when and as they shall respectively attain
229.   the age of Twenty one years and in case of any of them
230.   shall happen to die before the said Age of Twenty one
231.   years and without leaving any lawful issue living at
232.   his her or their decease Then I give the Legacy or
233.   Legacies of him her or them so dying unto the survivors
234.   or survivor of such Children equally to be divided between
235.   them if more than one but if only one survives Then
236.   the whole thereof to such only Child absolutely Item I
237.   Give and Bequeath unto James Potter of Canewdon in
238.   the said County of Essex Farmer the Sum of Fifty pounds
239.   to be paid to him within one year next after my decease
240.   Also I give and bequeath unto Robert Tiffen and Sarah
241.   Tiffen (Children of William Tiffen, late of Abberton in
242.   Essex Wheelwright deceased the Sum of One hundred
243.   pounds a piece to be paid to them respectively within
244.   one year next after my decease Also I give to John
245.   Christmas of West Mersea Husbandman Twenty pounds
246.   and to John May of Abberton Husbandman Ten pounds
247.   to be paid to them respectively within one month next after
248.   my decease And all my Household Furniture China
249.   Linen Apparel Goods Chattels Horses Cattle Carriages
250.   Farming and other Stock and Utensils Monies Securities
251.   and all other my personal Estate and Effects whatsoever
252.   and wheresoever and of what nature kind or denomination
253.   soever the same shall or may be or consist of and of
254.   which I shall be possessed of or intitled unto at the time
255.   of my decease and which are not hereinbefore disposed
256.   of (Subject to and after the payment of all my Just
257.   debts Funeral charges the charges of proving and
258.   attending the execution of this my Will and the several
259.   Legacies and Sums of Money and other bequests
260.   hereinbefore contained and given) I do hereby give
261.   and bequeath unto my said daughter Mary Ann Wayland
262.   her Executors Administrators and Assigns to and for her
263.   and their own absolute use and benefit And I do hereby
264.   constitute and appoint my said daughter together with

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265.   the said Litchfield Moseley and my Friends Thomas
266.   Hawes of West Mersea Gentleman and Thomas Cooper
267.   of Fingringhoe Gentleman Executrix and Executors of
268.   this my last Will and Testament and I give to them
269.   the said Litchfield Moseley, Thomas Hawes and
270.   Thomas Cooper Twenty Guineas each for their trouble
271.   in and about the execution of this my Will over and
272.   above their reasonable charges as Executors acting in
273.   the execution of this my Will/ Provided always and
274.   my Will is that in case my said Wife should survive
275.   my said daughter and my said Nephew Robert Tabrum
276.   should not come into possession of the West Farm premises
277.   and Estate upon the death of my daughter (it being my
278.   Wife's Jointure) then I direct that from the death of my
279.   said daughter and until my said Nephew shall come
280.   into possession of the same Estate and the receipt of the
281.   rents and profits thereof that the yearly Sum of Fifty
282.   pounds shall be duly and regularly paid him or his
283.   Executors or Administrators half yearly viz. at Lady
284.   and Michaelmas days and I direct my Executors
285.   to make a provision for the same accordingly in or
286.   upon my personal property but which yearly Sum
287.   is to cease upon his coming into the receipt of the
288.   rents of the said West Farm premises And also provided
289.   And I do hereby declare it to be my Will and so
290.   direct that it shall and maybe lawful to and for my
291.   said daughter and all and every other person or persons
292.   who shall be in possession of all or any of the aforesaid
293.   premises by virtue of the devises and limitations of
294.   this my Will at any time or times by Indenture to
295.   be duly executed under her his or their hand and
296.   seal or hands and seals with the licence and consent
297.   of the Lords and Ladies of the respective Manors of
298.   whom any of the Copyhold premises or any part
299.   thereof are holden according to the Custom thereof
300.   respectively to devise and Lease any of the Messuages
301.   Lands Tenements Hereditaments and premises in
302.   their respective possession as aforesaid to any person
303.   or persons for any term not exceeding Twenty one
304.   years to take effect in possession from or immediately
305.   after the making and executing thereof and not in
306.   reversion or by way of future Interest for the best
307.   or utmost yearly rent or rents which can then be
308.   had and obtained for the Messuages Lands and
309.   Hereditaments which shall be thereby respectively
310.   demised without taking any Sum or Sums of
311.   money or any Gratuity or other matter or thing
312.   whatsoever by way of Fine Annuity or otherwise
313.   for or in respect of the making or executing such
314.   Lease or Leases or any of them and so that none of
315.   such Leases be made dispunishable of Waste by any
316.   express words therein and so that there be inserted

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317.   and contained in every such Lease a proviso or condition
318.   or reentry on nonpayment within a limited time of
319.   the rent or rents which shall be thereby respectively
320.   reserved and also the usual Covenants for the due
321.   payment of the rent and for repairing the Houses
322.   and other Buildings upon the premises and for every
323.   other purpose which shall be then thought requisite
324.   or necessary in regard to the cultivation of the Lands
325.   or otherwise and so that a counterpart of every such
326.   Lease shall be duly executed by the lessee or lessees
327.   therein named and hereby revoking all former Wills
328.   by me at any time heretofore made I do declare this
329.   only to be and contain my last Will and Testament In
340.   Witness whereof I the said George Hayland [sic] the Testator
341.   have to this my Will contained in five sheets of paper
342.   set my seal to the label affixing them together my
343.   hand at the bottom of each of the four preceeding sheets
344.   and my hand and seal to this fifth and last sheet thereof
345.   this seventeenth day of July in the year of our Lord One
346.   thousand seven hundred and ninety Geo Wayland
347.   This writing contained in this and the four
348.   preceeding sheets of paper was Signed and Sealed by
349.   the above named George Wayland the Testator and
350.   by him published and declared as and for his last
351.   Will and Testament in the presence of us who have
352.   hereunto subscribed our names as witnesses thereto
353.   in his presence at his request and in the presence of
354.   each other _ Stowers Carter _ Will[ia]m Francis .
355.   C: Robinson.

And my Will is that no
devisee who shall be intitled to any of the Estate in
my Will above mentioned shall on any account (Save
for the necessary reparation of the Buildings on the
respective premises) Cut down Fell or Injure for sale
or otherwise any of the Timber Trees upon the
premises but shall suffer the same to abide and grow
upon the premises for the benefit of him her or them
next intitled by virtue of this my Will on pain of
forfeiting their life Estate and Interest in the premises
Geo: Wayland _ Witnesses _ Stowers Carter _ H: C:
Robinson _ Will[ia]m Francis

This Will was proved at London with a
Codicil the fourth day of July in the year of our Lord
One thousand seven hundred and ninety five before
The Right Honorable Sir William Wynne Knight doctor
of Laws Master keeper or Commisary of the Prerogative
Court of canterbury lawfully constituted by the Oaths
of Mary Ann Wayland Spinster the daughter of the
deceased Litchfield Moseley Thomas Hawes and Thomas
Cooper the Executors named in the said Will to whom
Administration was granted ofall and singular the
Goods Chattels and Credits of the deceased having been
first Sworn by Commission duly to Adm[iniste]r:

4 July 1795
ID: MARG_133_011
Source: Mersea Museum