1840 Will - John Reeve
Introduction
Dated: 19 Feb 1840, Colchester, EssexProbated: Prerogative Court of Canterbury, 14 Nov 1840
Recorded: Piece 1936 (Arden), folio 346
Transcript
This is the last Will and Testament of me John Reeve of Colchester in the County of Essex Gentleman which I make as followsI give unto my wife Mary Ann Reeve during her life one annuity or rent charge of twenty pounds per year out of and which I do hereby charge upon all and singular my messuages or tenements malting? house hereditaments and premises situate in the parish of Saint Leonard in Colchester aforesaid
Item I give unto my said wife one other annuity or rent charge of twenty pounds per year during her life out of and which I do hereby charge upon all and singular my several messuages or tenements and hereditaments situate in the parish of Saint James in Colchester aforesaid (except the messuages or tenements and premises situate in the said parish of Saint James in the several occupations of James Maidwell Mrs Vale and myself and which I direct shall not be charged with the said last annuity and I declare the said annuities shall be paid quarterly the first payment to be made at the expiration of three months after my death
Item I give unto my said wife during so long time as she shall continue my widow all that my messuage or tenement wherein I now reside situate in the said parish of Saint James subject to her keeping the same in repair and insured from loss by fire
Item I give unto Edward Clay of Colchester aforesaid estate agent and George Garland of Colchester aforesaid Grocer and their heirs all and singular my said several messuages or tenements malting hereditaments and real estate situate in the said parish of Saint Leonard with their appurtenances upon trust to receive the rents of the same until my eldest son William Reeve attain the age of twenty one years and thereout to keep the premises in repair and insured from loss by ire and apply the residue of the same rents or such part thereof as they my said trustees shall think fit for the maintenance education and bringing up of my said son William Reeve until he attain the said age and if any surplus rents should remain I direct the same shall be invested by my said trustees and be allowed to accumulate for his benefit and be paid and payable to him on his attaining the age of twenty one years but if my said trustees shall think fit at any time during the minority of my said son William to apply such accumulated rents for his advancement it shall be lawful for them so to do and on my said son William attaining the said age I give all the said messuages or tenements malting office hereditaments and premises situate in the said parish of Saint Leonard with their appurtenances to him my said son William his heirs and assigns for ever
Item I give and devise unto my Brother William Reeve all that my messuage or tenement and premises situate in the said parish of Saint James and now in the occupation of Mrs Vale to hold to him my said Brother William his heirs and assigns
Item I give unto my mother Rebecca Reeve during her life one clear annuity of rent charge of five pounds a year out of and which I do hereby charge upon all my messuages or tenements malting? hereditaments and premises situate in the said parish of Saint Leonard
Item I give unto my said mother one other annuity or rent charge of five pounds per year during her life out of and which I do hereby charge upon the same messuages or tenements situate in the said parish of Saint James as I have heretofore charged the annuity of twenty pounds a year to my wife and the said two annuities to my mother I direct shall be paid quarterly the first quarters payment to ? within one week of my death
Item I give and devise unto the said Edward Clay and George Garland and their heirs all and singular my said several messuages or tenements and hereditaments situate in the said parish of Saint James (except the messuages or tenements in the said parish now in the occupations of the said James Maidwell and Mrs Vale) and also the messuage in my occupation in the said parish subject to the estate hereinbefore given therein to my said wife upon trust to receive the rents of the same until my youngest son John Reeve attain the age of twenty one years and thereout to keep the said premises in repair and insured from loss by fire and to apply the residue of the same rents or such part thereof as they my said trustees shall think fit for the maintenance education and bringing up of my said son John Reeve until he attain the said age of twenty one years and if any surplus rents shall remain I direct the same shall be invested by my said trustees and be allowed to accumulate for the benefit of my said son John and be paid and payable to him on his attaining the said age of twenty one years but if my said trustees shall think fit at any time during the minority of my said son John to apply such accumulated rents for his advancement it shall be lawful for them so to do
I declare that if any of my estates shall be mortgaged at my death the devisee or devisees thereof shall take the same subject thereto and my personal estate shall not be liable to discharge the same mortgage or mortgages
Item I give and devise unto the said Edward Clay and George Garland and their heirs all that my messuage or tenement and premises situate in the said parish of Saint James and now in the occupation of the said James Maidwell his undertenants or assigns upon trust as soon as conveniently may be after my decease to sell the same by public auction or private contract at such place and time and subject to such stipulations relative to the title or evidence of the title or to the payment of the purchase money or to any other matters concerned with the sale as my said trustees shall judge expedient or as their counsel should advise with full direction and authority to sell either subject to or charged from or with an ind? by impounding part of the purchase money or otherwise against any incumbrances and also to fix a reserve bidding and buy in the same 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 affecting or completing the sale of the said premises and I direct that the money to arise by sale thereof shall be received by my said trustees and be disposed of in manner hereinafter expressed and the rents of the said remises until sold shall fall into and be part of my residuary personal estate and be disposed of as hereinafter mentioned
Item I give to my said trustees all my household goods and furniture plate linen and household effects upon trust to peraid? my said wife so long as she shall continue my widow but no longer to have the personal use and enjoyment thereof in any dwellinghouse in the county of Essex whichin she may reside and after her decease or marriage upon trust to sell the same and divide the produce arising therefrom between my two sons in equal shares on their attaining the said age of twenty one years and I direct an inventory shall be made of my said furniture and signed by my said wife and trustees and as to for and concerning all the rest and residue and remainder of my real estate and hereinbefore otherwise disposed of I give and devise the same unto my two sons their heirs and assigns as tenants in common and as to all the rest residue and remainder of my monies personal estate and effects I bequeath the same 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 arts of arrangements for realising my estate or settling my affairs according to their discretion and as to the clear residue of my said personal estate I give and bequeath one third part thereof unto my said wife for her own sole use and benefit and the remaining two third parts thereof I direct my said trustees to invest on government or good real security with power to vary the security from time to time as they may think fit upon trust to pay the annual increase thereof unto or for the benefit of my two children until they respectively attain the age of twenty one years and on their attaining the age of twenty one years to pay the principal of the said two thirds parts to them in equal shares
Item I declare that the provision hereby made for my said wife shall be accepted by her in full satisfaction of her claim to dower and freetenth out of my said real estate
Item I give all legal interests and estates vested in me as trustee or mortgages in any real or person estate unto and to the use of my said trustees upon such trusts and subject to such equities as shall be subsisting therein respectively also I declare that the receipts of my said trustees shall exonerate purchasers and others paying monies to such trustees by virtue of my will from all liability in respect to the application thereof
And I hereby declare my said trustees shall not be answerable for each others acts or receipts nor from mosses happening without their own respective default and shall be at liberty to retain and allow to each other all expences incident to the execution of the trusts and powers of my will
And lastly I appoint the said Edward Clay and George Garland executors of this my will and Guardians to my infant children and I also appoint my said wife Guardian to any said children and direct she shall have the brining of them up during their minorship and I declare this to be my last will and Testament in witness whereof I the said John Reeve the testator have set my hand and seal the nineteenth day of February in the year of our Lord one thousand eight hundred and forty
John Reeve (LS)
Signed Sealed published and declared by the said John Reeve the testator as and for his last will and testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses
J S Barnes
George Lay
Proved at London the 14th November 1840 before the Judge by the oaths of Edward Clay and George Garland the executors to whom Admon was granted having been first sworn by Comon duly to Administer