Transcription by Elaine Barker October 2021

Abstract
Written 25 November 1842
Died 3 March 1843

John Haxell appoints his executors, nephew Ebenezer Bentfield Haxell and John Pearson of Layer de La Haye and he makes a bequest of a saddle to Pearson's son and £5 to Ebenezer to thank them for their pains. He leaves his copyhold farm in Abberton to the current occupant, William Gainham, plus a gift of money to assist with the costs of William being admitted to the farm by the Manor. He makes monetary bequests to his niece, Maria Poole and her three oldest sons.

He leaves all his furniture and belongings to his wife, Elizabeth, and directs his executors to settle all monies owing to him and to manage investments to provide his wife with an income during her life out of which she is to pay a £5 annuity to Maria Poole. Upon his wife's death he wishes half of the money to go between the children of his late brother, Robert, Juliet Tongate, Cordelia Mannall, Ebenezer Betfield Haxell, Owen Haxell and Felicia Haxell and his niece Maria Poole. The other half he leaves to Rebecca Ann Hills, the daughter of his wife's niece, Rebecca Hills, to a niece Jemima Hills and the distribution of the remainder of that half to be determined by his wife. If she should be unable to do so he wishes the money to go between her siblings, John, Sarah, Susan, nieces Rebecca Hills, Mary Ann Mussett, and Jemima Hills and nephew William Mussett.

The witnesses to the will are James Tracy and John Rudlin.
An affidavit has to be sworn by James Tracy, farmer of Layer de La Haye on 10.5.1843 to verify the small additions to the will (initialled JT) were properly witnessed by him and John Rudlin in the presence of the testator and each other.

In the Name of God Amen. I John Haxell of
Peldon in the County of Essex do make this my last
will and testament, as follows. First, I nominate con-
stitute and appoint Mr. John Pearson of Layer-de-la-hay
in the said County and my nephew Ebenezer Bentfield
Haxell Executors of this my will, And I give and bequeath
unto the Son of the said Mr. John Pierson a new Saddle
and Bridle, and I wish him to make a choice of them
and present them to his Son with my kind Regards
and to my said Nephew I give and bequeath the Legacy
or Sum of five pounds for his Trouble in the Execution
of the Trusts of this my Will And from and immediately
after my decease I give and devise All that my Copyhold
messuage or tenement with the Yards Gardens and appur-
tenances thereto belonging situate lying and being in
Abberton in the said County of Essex unto William Gainham
of Abberton aforesaid in whose occupation the same now
are To hold to him the said William Gainham his heirs
and Assigns for ever Also I give and bequeath unto the
said William Gainham the Legacy or Sum of three pounds
towards the Expences of his Admission to the aforesaid
Copyhold Messuage or Tenement. Also I give and bequeath
the Legacy or Sum of five pounds unto Maria Poole of
Lexden in the County of Essex Widow, my Niece, and
also the Legacy or Sum of one pound each unto the
three oldest Sons of my said Niece Maria Poole Also
I give and bequeath absolutely unto my dear
Wife Elizabeth Haxell all my household furniture &
household Effects for her own use benefit and disposal

[Page 2]

And I do hereby authorize empower and direct them my
said executors and the Survivor of them his Executors and
Administrators to collect get in and receive as soon
after my decease as can conveniently be done, all
debts of simple Contract, and Interest & Dividends due
to me at the time of my decease, and from and out
of my personal Estate to pay all my just debts and
my funeral and testamentary charges and all the
aforesaid Legacies or Sums And as to the rest residue
and remainder of my personal Estate I do hereby
authorise empower and direct my said Executors or
the Survivor of them his executors and Administrators to
continue such Sums at Interest on the same Securities
on which they shall then be placed with full power
nevertheless to vary and change the Same in Case they
or he shall think it expedient to do so and to place
out on government or good real Security such Sums
as shall not be already so placed out And to receive
and take the Interests and Dividends thereof from
time to time as the same became due and payable
and to pay the same immediately unto my said
Wife to whom I give the same for and during the term
of her natural life, she paying thereout yearly
and every year unto my said Niece Maria Poole the
annuity or Sum of Five pounds in two equal Pay-
ments one to be made on the twenty fifth day of
March and the other on the twenty ninth day of

[Page 3]

September in each year, the first payment whereof
shall begin and be made on whichever of those days
shall first happen after my decease And from and
immediately after the Decease of my said Wife I do
hereby authorize and direct my said Executors and
the Survivor of them his Executors and Administrators to
collect get in and receive all the Moneys so placed out
at Interest or invested as aforesaid And I give and
bequeath one Moiety or half part of all the said Moneys
and the interest and dividends due thereupon unto
between and among the Children of my late Brother
Robert, viz Juliet Tongate, Cordelia Mannall, Ebenezer
Bentfield Haxell aforesaid, Owen Haxell and Felicia Haxell
and my niece Maria Poole aforesaid or the Survivors
of them share and share alike or in Case one only
should be living then the whole Moiety to such survivors
And the other Moiety or half part thereof I give and
bequeath as follows, viz, fifty pounds part thereof
unto Rebecca Ann Hills, daughter of my Wife's Niece Rebecca
Hills to be by my Executors and the Survivor of them his Exec-
cutors and Administrators placed out at Interest in Case
she should not have attained the Age of twenty one Years
and the Interest thereof applied to her benefit until she
attains that Age when the said fifty pounds shall be
payable and paid to her, but in Case she should de-
part this life before she attains that Age then I give
the said fifty pounds unto Jemima Hills of Colchester the
niece of my Wife absolutely And all the remainder of the
said last mentioned Moiety I give and bequeath to be payable

[Page 4]

and paid unto such person or persons and in such
shares and proportions as my said Wife shall during her
J T [Note 1] life\in writing/ appoint to receive the same, which writing or Appointment
shall be delivered to my said Executors or the Survivor of them
his Executors and Administrators in the presence of some
respectable Witness. And in Case my said Wife should
be incapable of making such appointment, or should
omit to do so, then I give the said residue of the last
J T [Note 1] mentioned Moiety unto and between my \said Wife's/ Brother John,
my said Wife's Sister Sarah and her Sister Susan, Her niece Rebec-
ca Hills Her Niece Mary Ann Mussett, Her Nephew William
J T [Note 1] Mussett and Jemima Hills the Wife of Thomas Hills of Colchester
share and share alike
And I do will and direct that my said Executors and the
Survivor of them his Executors and Administrators shall and
may reimburse himself and themselves all such Costs,
Charges and Expences as they or either of them may be put
to in the execution of the Trusts contained in this my Will
and that neither of them shall be answerable for any loss
which may happen in my Property unless the same shall
happen by or through his or their wilful neglect or default
nor for any loss which may happen from depositing any
monies. which shall come to their Hands by virtue of this
my will, in the Custody of any public Banker, nor for
any involuntary Loss whatever And hereby revoking all
former Wills by me made I do declare this to be my last
Will and Testament. In Witness whereof, I the said John Haxell
the Testator have to this my last Will and Testament set
my Hand this Twenty Fifth day of November one thou
sand eight hundred and forty two.

The Testator died in the Parish of Peldon
on the 3[r]d day of M[ar]ch 1843 [Note 2]

[Page 5 Affidavit]

Appeared personally James Tracy of the parish
of Layer de la Hay in the County of Essex Farmer
and made oath that he is one of the subscribed Witnesses
to the last Will and Testament of John Haxell
late of the parish of Peldon in the County aforesaid
Farmer deceased bearing date the twenty fifth day
of November One thousand eight hundred and
forty two now hereunto annexed And he further
made oath that on the day and year aforesaid
he attended the said deceased for the purpose of
witnessing his execution of his said last Will
and Testament now hereunto annexed and
that the several interlineations following (to wit)
the words "in writing" between the second and third
lines of the fourth side of the said last Will and
Testament - the words "said Wife's" between the
eighth and ninth lines of the said fourth side
of the said Will and Testament and the words
"Share and Share alike" between the twelfth and
thirteenth lines of the said side of the last Will and
Testament were \so severally/ made by the direction of the said
deceased and before his execution of the said last
Will and Testament And this deponent did
thereupon subscribe the letters J.T being the initial
letters of this deponents name in the margin of
and opposite to the said several interlineations in
the said last Will and Testament as now appear
thereon. And he further made oath that on the
day and year aforesaid the said deceased did
duly execute his said Will and Testament by
subscribing his name at the foot or end thereof
in the presence of this deponent and of John Rudlin
the other subscribed Witness thereto both of whom
were present at the same time And this deponent
and the said John Rudlin thereupon attested and
subscribed the said last Will and Testament in
the presence of the said testator.

Note 1: the initials J T are those of James Tracy one of the two witnesses. The additions or interlineations to the will are initialled by him. The additions necessitated him to swear the Affidavit to verify they were witnessed by him and John Rudlin in the presence of each other and the testator
Note 2: John and Elizabeth Haxcell are buried in the graveyard of St. Mary's Church, Peldon. John's headstone is described by the Essex Society for Family History in their book of Monumental Inscriptions for Peldon [ERO T/Z 151/234] as Round top headstone with cusped shoulders. The inscription reads as follows

In/memory of/JOHN HAXCELL/who died March 3rd 1843/ aged 78 years/ [two lines of Text]

Elizabeth Haxcell's grave is described as a Cusped top headstone and reads

In/memory of/ ELIZABETH/relict of/JOHN HAXCELL/who died June 15th 1848/aged 81 years.

MARG - Mersea Archive Research Group
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