Abstract and Transcription by Elaine Barker August 2021

Abstract
Date of will: 31 December 1812
Date proved: 24 December 1813

Thomas Harvey, farmer of East Mersea wrote this will on 31st December 1812. He leaves leasehold farms and lands in East and West Mersea and wills that his Trustees and Executors continue running these businesses during the lifetime of his wife, Mary, for her maintenance and that of three of his children, Charles, Hannah and Samuel.

After his death his sons Samuel and Charles are to have first refusal of the farms and if they do refuse the properties are to be sold and the proceeds divided between his seven children and four grandchildren by a deceased daughter.

He has two living married daughters Lydia, wife of John Page, and Sarah, wife of John King. The deceased daughter, Mary, wife of Samuel Bullock leaves four grandchildren. There are two more sons, John and Edward. All these children, four sons and three daughters, and the four grandchildren are given monetary bequests and arrangements are made should any beneficiary die.

He appoints his wife and four sons his Executors. His witnesses are John Pullen and John Perry.

Transcription In the Name of God Amen
I Thomas Harvey of East Mersea in the County of Essex
Farmer do this thirty first day of December in the year of
our Lord one thousand eight hundred and twelve make this
my last Will and Testament as follows that is to say first I
Will and direct that all such Debts as I shall justly owe at
the time of my decease and the principal Sum of Two hundred
& fifty pounds due on a bond entered into by me with my
Son John Harvey to John Broadwood Esqu[i]r[e] shall be duly paid
and satisfied out of my personal Estate & subject thereto & to the
payment of my funeral & testamentary Expenses I give & bequeath
all my leasehold messuages, \Farms/ Lands & heredit[ament]s situate & being in
East Mersea aforesaid & West Mersea or elsewhere in the said
County and also my Crops growing and severed household Goods
furniture personal Estate & Effects whatsoever and wheresoever
unto my Trustees and Ex[ecut]ors hereinafter named upon Trust that
they do & shall carry on manage and conduct the business of
the said Farms during the life of my beloved Wife Mary
Harvey for the use & benefit of my said Wife and for the
maintenance of my Children Charles Samuel & Hannah and
I will and direct that my said Trustees & Ex[ecut]ors shall stand
possessed as well of the present subsisting leases of the said
Farms and Lands as of any received Leases thereof upon
the trusts hereinbefore & hereinafter mentioned & declared by
this my Will and from and immediately after the decease of
my said Wife then upon trust that the surviving Trustees
and Ex[ecut]ors of this my Will do & shall as soon as conveniently
may be after the decease of my said Wife cause the then
subsisting Leases of the said Farms and Lands together with
the Crops & stock household furniture implements of husbandry
and all other the said personal Estate & Effects to be fairly
ascertained and valued and I will & direct that my said surviving
Trustees and Ex[ecut]ors do and shall offer and give refusal of my
said Leasehold Farms and all other my said personal Estate
& Effects to my sons Charles Harvey & Samuel Harvey at
the amount of such valuation & that upon payment by
them of the amount of such valuation within six calendar
months next after the decease of my said Wife that they
the said Charles Harvey & Samuel Harvey shall be admitted
into the peaceable & quiet possession & enjoyment of the same
as their own & absolute property & I will & direct that such
valuation shall be made by two indifferent persons one of
whom shall be chosen by the said Charles Harvey & Samuel
Harvey and the other by such other of my Children as shall
be then living and in Case such two persons so to be

[Page 2]

chosen shall not agree in the valuation to be made by
them then that such two persons shall nominate & choose
a third person whose decision shall be final and conclusive
upon all persons interested therein but in case it shall happen
that my said Sons Charles Harvey and Samuel Harvey shall
neglect or refuse to accept and take the said leasehold farms
stock Goods personal Estate & Effects at such valuation as aforesaid
and within the time aforesaid then my will is and I do hereby
order & direct my surviving Trustees & Ex[ecut]ors absolutely to sell dispose
of & convert the same into ready monies and I do hereby
further will and direct that the monies to be received by
such valuation as aforesaid or by the sale and disposition of
my said leasehold Estates Stock Goods Personal Estate & Effects
as the case may happen shall be paid and applied by my
Trustees & Ex[ecut]ors for the time being as hereinafter mentioned &
expressed and whereas I have advanced to my Son Edward Harvey
the sum of four hundred & fifty pounds to my daughter Lydia
the Wife of John Page two hundred pounds to my late dau[ghte]r
Mary the Wife of Samuel Bullock two hundred and fifty
pounds to my daughter Sarah the Wife of Mr John King
one hundred pounds and to my son John Harvey Five
hundred pounds including the principal sum of two hundred
and fifty pounds hereinbefore directed to be paid off out of my
personal Estate and whereas my said daughter Mary Bullock
has departed this life leaving four Children by the said
Samuel Bullock now I do hereby give and bequeath to my
said son Edward Harvey the sum of Fifty pounds /and\ to my
said daughter Sarah the Wife of the said John King the
sum of Four hundred pounds to my said Sons Charles and
Samuel and my said daughter Hannah the sum of Five
hundred pounds apiece and to the four Children of my said
daughter Mary Bullock the sum of Two hundred and fifty
pounds to be equally divided between such three [should be four] Children
share and share alike and I will and direct that the said
legacies hereinbefore mentioned except the legacy of two
hundred and fifty pounds to the Children of the said Mary
Bullock shall be paid as soon as conveniently may be after the
decease of my said Wife & after payment of all the before mentioned
legacies I give and bequeath all the rest and residue of the
said monies and personal Estate equally to be divided between
all and every my Children the said Edward Harvey John
Harvey Sarah King Lydia Page Charles Harvey Samuel
Harvey and Hannah Harvey and the Children of my said
late deceased daughter Mary Bullock equally to be divided
between them share and share alike the Children of my said
deceased daughter Mary Bullock to take per Stirpes [Note 1] and not
per Capite that is to say to take in respect only of one eighth
part or share of the said monies and personal Estate in the
place and stead of their deceased mother and I will and direct
that as well the legacy of two hundred and fifty pounds
hereinbefore given and bequeathed to the Children of the
said Mary Bullock as the share to which they may be=
intitled of the said residue shall be paid and payable to
them at their respective ages of twenty one years if they
shall respectively attain such age after the decease of my said
Wife \&/ if not then as soon as conveniently may be after the

[Page 3]

decease of my said Wife provided always nevertheless and
I do hereby expressly will and declare that that the several
legacies and shares of residue hereinbefore given & bequeathed
to my said Sons and Daughters shall notwithstanding the
death of either of them in the life time of my said Wife be
considered and taken as vested interests in them respectively
from the day of my decease and be transmissible as such
to their respective legal representatives provided also /and\ I
do hereby further will and direct that in case it shall happen
that any or either of the said Children of my said deceased
daughter Mary Bullock shall depart this life either in the
life time of my said Wife or before he she or they shall
attain the age of twenty one years then I will & direct that
the /said\ share or shares of him her or them so dying shall
go and accrue to the survivors or survivor of the same \said?/ Children
and be equally divided between them if more than one share
and share alike and that such accruing or surviving share
shall be subject to the same benefit of survivorship as the
original portion and I will and direct that it shall and
may be lawful for my said \Trustees and/ Ex[ecut]ors for the time being
from time to time after the decease of my said Wife to apply the
Interest of the respective portions of my said Grand Children
during their respective minorities for and towards their respective
maintenance Cloathing education and bringing up in such manner
as may be deemed most expedient also I nominate constitute & appoint
my said beloved Wife Mary Harvey and my said four Sons Edward
Harvey John Harvey Charles Harvey and Samuel Harvey Ex[ecut]ors of
this my Will and I hereby revoke and make void all former Wills
by me made In Witness whereof I the said Thomas Harvey the
Testator have to this my last Will and Testament contained in three
sheets of paper to the first two sheets thereof set my hand and to
this third and last sheet my hand & seal the day & year first above
written Tho[ma]s Harvey Signed sealed published and declared
by the said Thomas Harvey the Test[at]or 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 hereto John Pullen Jno [John?] Perry
Proved at London 24th December 1813 before the worshipful
Richard Henry Cresswell Doctor of Laws & surrogate by the oaths
of Mary Harvey Widow the relict Edward Harvey John Harvey
and Charles Harvey the Sons and four of the Executors to whom
adm[inistrati]on was granted being sworn to adm[iniste]r - power reserved to
Samuel Harvey the Son & other Ex[ecut]or

Note 1: While the legal Latin terms per stirpes and per capita are similar, there are differences. Per stirpes means that a portion of the will must go to a person or that person's heirs. Per capita means that any surviving descendants of the same generation distribute property equally.

MARG - Mersea Archive Research Group
Go to list of transcribed documents