/ Will of Isabella Spurden from West Mersea 1839

ID: MARG_229
TitleWill of Isabella Spurden from West Mersea 1839
AbstractThe Will of Isabella Spurden, widow from Smith's Hall West Mersea proved 6 April 1839, transcribed from National Archives PROB 11/1910/23

Abstract and Transcription by Elaine Barker August 2021

Abstract
Date of Will 20 March 1835
Date proved 6 April 1839

Isabella Spurden makes reference to her husband's will [John Cooke Spurden of Smith's Hall, West Mersea and Colchester, merchant ERO D/ABW 131/2/51 MARG_220 ].

In John Cooke Spurden's will dated 1832 he left Smith's Hall with its land and cottages to Isabella during her life and then to her brother, Thomas Creek and half-brother John Posford Osborn as joint tenants unless she subsequently wills otherwise. He died in December 1834 and Isabella made her will three months later. She follows his directions to the letter and confirms her brother and half-brother will inherit all his real estate.

She makes one bequest of £50 to her niece, Margaret Perry and nominates Thomas Creek and John Posford Osborn executors.

The will is witnessed by Elizabeth Davis, W P Harrington and W Salmon Cooper (Attorney).

By the time the will is proved Thomas Creek has died and, by the terms of the will, John Posford Osborne inherits.

This is the last Will and Testament
of me Isabella Spurden of Smiths Hall West mersea in the County of Essex a
widow made the twentieth day of March one thousand eight hundred & thirty five
Whereas my late husband John Cooke Spurden deceased by his last Will and Testament
in writing bearing date on or about the fifth day of January one thousand eight
hundred and thirty two did give and devise unto me the said Isabella Spurden
all that his Capital Messuage called Smiths Hall with the Farm cottages Lands &
hereditaments and appurtenances thereunto belonging situate lying and being in
West Mersea aforesaid and then in the occupation of himself and his undertenants
and all other his real estate whatsoever and wheresoever of which he had power
to dispose by his said Will to hold the same according to the nature & quality
thereof (but subject nevertheless to the several mortgage debts which at the time of
his decease might be secured upon the same) unto and to the use of me & my
assigns for the term of my natural life and after my decease he gave & devised
the same messuage farm Cottages Land and real estate to the use of such person
or persons for such estate or estates ends intents and purposes and generally in
such manner and form as I the said Isabella Spurden should at any time or times
or from time to time by any deed or deeds instrument or instruments in writing
with or without power of revocation [illegible]and new appointment to be by me
sealed delivered and attested as therein mentioned or by my last Will & Testament
in writing or any Codicil or Codicils thereto or any writing purporting to be or
in the nature of my last Will and Testament or Codicil to be by me signed and
published in the presence of and attested by three or more Credible Witnesses direct
limit or appoint and for want of such direction limitation or appointment gift
or devise and so far as the same if incomplete should not extend he gave &
devised the said messuage Farm Cottages Land and real Estate or such part or
parts thereof as the case might be whereof no such direction limitation or appoint-
ment gift or devise should be made as aforesaid (after my decease) into and to the
use of my brother Thomas Creek and my half brother John Posford Osborne their
heirs and assigns for ever as tenants in common and not as joint tenants Nowe
I the said Isabella Spurden in exercise and execution of the power or authority
for this purpose given and reserved to or otherwise vested in me by the said
Will of my said late husband and of every other power and authority whatso
-ever enabling me in this behalf do by this my last Will and Testament in writing
by me signed and published in the presence of and attested by the three Credible
Persons whose names are intended to be hereunto subscribed as Witnesses to such
signing and publishing by me direct limit and appoint That all and singular
the said Capital Messuage Farm Cottages Lands hereditaments and real estate so
given and devised by the said Will of my said late husband to me and my assigns
during my life as hereinbefore mentioned shall from & immediately after my
decease and subject to the said mortgage debts in the said Will mentioned or
referred to go remain and be to the use of the said Thomas Creek & John

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Posford Osborne their heirs and assigns for ever as tenants in Common & not as
joint tenants and in case either of them the said Thomas Creek and John Posford
Osborne shall die in my life time or within two Calendar Months next following
my decease then the same Capital Messuage Farm Cottages Lands hereditaments
and real estates so subject as aforesaid shall from and immediately after my
decease or from and immediately after the decease of such one of them the said
Thomas Creek and John Posford Osborne as shall so die as last mentioned (as the
case may be) go remain and be to the use of the Survivor of them the said
Thomas Creek and John Posford Osborne and his heirs absolutely and for ever And
as to all other my real Estate (if any) and all my monies and Securities for
money household goods and Furniture Farming live and dead Stock Crops and all
other my Goods \chattels/ Personal Estate and Effects whatsoever and wheresoever (after and
subject to the payment of my just debts the legacy of Fifty pounds hereinafter men-
tioned my funeral and testamentary expenses and the charges and expenses incident
to the execution of this my Will) I give devise and bequeath the same unto the
said Thomas Creek and John Posford Osborne and their respective heirs executors
and administrators absolutely in equal shares and as to the said real Estate if
any as tenants in common and in case either of them the said Thomas Creek
and John Posford Osborne shall die in my life time or within two Calendar months
next following my decease Then from and immediately after my decease or from
and immediately after the decease of such one of them the said Thomas Creek and
John Posford Osborne as shall to die as last mentioned (as the case may be) I
hereby give devise and bequeath the said residuary real Estate and the whole of
my said Monies personal estate and Effects (after and subject to the payments and
charges aforesaid) unto the Survivor of them the said Thomas Creek and John
Posford Osborne his heirs executors and adm[inistrat]ors absolutely Also I give and bequeath
to my niece Margaret the Wife [blank] Perry Esquire now or late a Lieutenant
Colonel in His Majesty's 31st Regiment of Foot the Sum of fifty pounds to be paid
to her for her own use within six Calendar months after my decease And
lastly I hereby nominate constitute and appoint the said Thomas Creek and
John Posford Osborne to be Executors of this my Will and hereby revoking
All other Wills by me heretofore made do declare this alone to be and contain
my last Will and Testament In Witness whereof I 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 and Seal the day and
year first above written = Isabella Spurden = Signed Sealed published
and declared by the said Isabella Spurden the Testator as and for her last Will
and Testament in the presence of us who in her presence at her request and in
the presence of each other have hereunto subscribed our names as Witnesses =
Elizabeth Davis = W P Harrington = W Salmon Cooper Att[orne]y Colchester

Proved at London the 6th April 1839 before the Judge by the Oath
of John Posford Osborn the surviving Executor to whom adm[inistrati]on was granted
having been first sworn by Com[m]i[ss]ion duly to Administer //

SourceMersea Museum
IDMARG_229