ID: MARG_269

TitleWill of Mary Hawes, spinster, of West Mersea, 1799
AbstractWill of Mary Hawes, spinster, of West Mersea dated 29th July 1799 transcribed from National Archives document PROB 11/1479/284.

Transcription, abstract etc by Trevor Hearn January 2022

Abstract
Mary Hawes, Spinster, of West Mersea

Date of will: 29th July 1799
Date of death: unknown
Date of Probate: 31st May 1808

Land and Property bequests:

To Samuel Overall, Oyster Dredger, of West Mersea: property and land in West Mersea currently let to Isaac Howard and previously occupied by the late John Hawes, brother of the deceased; also land and property in West Mersea currently occupied by the Widow Cheek or undertenants; also the old thatched cottage and lands in West Mersea now or formerly occupied by John Revill or his undertenants; also all the oyster layings of the deceased in Tollesbury, Wigborough and Salcot currently occupied by Samuel Overall, Samuel Cook and John Brand or their undertenants.

To Thomas Cooke Overall, son of Samuel Overall, land and property in West Mersea which the late Thomas Hawes, brother of the deceased, had purchased of Lionel Jessop and currently in the occupation of Robert Cooke; also land and property in West Mersea currently occupied by the tenants or undertenants of John Berry and William Tansley; also the workshop and yard in West Mersea currently occupied by Robert Cooke or undertenants.

To John Cook (one of the sons of Thomas Cook), Gentleman, of West Mersea, land and property in West Mersea currently occupied by William Smy and the Widow Sudkin or their undertenants; also land and property in West Mersea currently occupied by John Balls or his undertenants.

To Sarah Cook (one of the daughter of Thomas Cook) land and property in West Mersea currently occupied by Uriah Clarke and James Harris or their undertenants.

To Elizabeth Cook (another of the daughter's of Thomas Cook) land and property in West Mersea currently occupied by Joseph Bibby or his undertenants.

To Thomas Cook (eldest son of Thomas Cook) property and land in West Mersea lately occupied by the deceased, to be held by his father until Thomas reaches the age of 21; the property to de divided equally among the brothers and sisters of Thomas if he should die before the age of majority.

Monetary bequests:

£200 each to John Cook, Sarah Cook and Elizabeth Cook when they respectively attain the age of 21.

£500 to the executors of the will to be held in trust and invested in real or Government Securities, the interest accrued from which to be paid to Hannah (wife of John Balls, butcher, of West Mersea); the capital sum of £500 to be paid to the children of Hannah upon her decease.

£500 of stock, part of the Capital Stock of £1,600 in 4% Annuities Consolidated, to Henry Hawes.

£500 of stock, part of the Capital Stock of £1,600 in 4% Annuities Consolidated, to Lydia, wife of Samuel Tabor, brewer, of Colchester.

£900 of 3% Annuities Consolidated stock in the name of the deceased to Bennett Hawes, gentleman, of West Mersea.

£1,000 to Elizabeth, wife of James Sach the younger, farmer, of Layer Marney.

£300 to Sarah, wife of Samuel Overall, oyster dredger, of West Mersea.

£300 to Thomas Cook, senior.

£100 to each of John Cook, Sarah Cook and Elizabeth Cook.

£200 to each of Stephen Kempton, cordwainer of Fleet Street, London; Thomas Kempton, tailor, of Fingringhoe; and Abrham Kempton, mariner, of Tollesbury.

£100 to John Kempton, son of Thomas Kempton.

£100 to Mary Wells, daughter of John Wells, gentleman, of Abberton and £300 to John Wells

£50 to Hannah, wife of John Balls.

£200 each to John Whittaker Cooper of Fingringhoe and Thomas Cooper of Langenhoe.

£10 to Bridget Owen, lodger with the deceased.

£50 to Sarah Hawley, servant to the deceased.

Personal Estate bequests:

To Thomas Cook (the son of Thomas Cook senior) the goods, chattels, household items, plate (except that plate bequeathed elsewhere), china, linen, woollens, farming stock, utensils, husbandry implements, cattle, grain (crops and seed) and all effects in the properties bequeathed to him; the executors to the will are to have the use of the dwelling house of the deceased to settle the affairs of the estate of the legator.

Various items of plate to the following: Sarah, wife of Samuel Overall; Elizabeth, wife of James Sach the younger; Sophie, daughter of James Sach the younger; Henry Metcall Hawes, son of Bennett Hawes; John Hawes, son of Bennett Hawes.

The residue of the real and personal estate of the deceased to be paid or transferred to Samuel Overall after payment of all outstanding debts and charges by the executors.

John Wells, John Whittaker Cooper and Thomas Cooper are appointed executors.

The will is signed on 29th July 1799 in the presence of the witnesses William Sudell, Eliza Sudell and William Cheek.

Will proved in London on 1st May 1808 granting administration to John Whittaker Cooper and Thomas Cooper, John Wells having renounced probate and execution of the will. Administration of the goods of the deceased had been limited under a suit in February 1806 under Cooper and Cooper v Kempton and granted to John Spurden as nominee of John Whittaker Cooper and Thomas Cooper but had subsequently expired upon the new grant of probate being given.

Transcription
Page 1

1   In the Name of God Amen
2   I Mary Hawes of West Mersea in the County of
3   Essex Spinster being of sound mind memory and
4   understanding Do make this my last Will and
5   Testament in manner following I give and devise
6   unto Sarah the wife of Samuel Overall of
7   West Mersea aforesaid Oyster Dredger and to
8   her Heirs and assigns for ever all that my
9   Messuage or Tenement with the Houses
10   Outhouses yards Gardens and appurtenances
11   thereunto belonging situate and being in
12   West Mersea aforesaid and which I have lately
13   letten to Isaac Howard and was in the occupation
14   of my late Brother John Hawes at the time
15   of his decease I give and devise unto Thomas
16   Cooke Overall the Son of the said Samuel
17   Overall and to his Heirs and assigns for ever
18   all that my Messuage or Tenement with
19   the Houses Outhouses Yards Gardens and
20   Appurtenances thereunto belonging in West
21   Mersea aforesaid which my late Brother Thomas
22   Hawes had and purchased of Lionel Jessup
23   now in the Occupation of Robert Cooke his
24   undertenants or assigns and also all that my
25   Cottage or Tenement with the yards Gardens
26   and appurtenances in West Mersea aforesaid
27   and now in several Occupations of John Berry
28   and William Tansley their or one of their
29   undertenants or assigns and also all that my
30   Workshop and Yard with the appurtenances in
31   West Mersea aforesaid in the Occupation of the
32   said Robert Cooke his undertenants or assigns
33   And I give and devise unto the said Samuel
34   Overall of West Mersea aforesaid Oyster Dredger
35   36   unto the said Samuel Overall of West Mersea>
37   and to his Heirs and Assigns for ever all that
38   my Messuage or Tenement with the Houses
39   Outhouses Yards Gardens and Appurtenances
40   thereunto belonging in West Mersea aforesaid
41   and now in the Occupation of the Widow Cheek
42   her undertenants or assigns and also all that my
43   Workshop in West Mersea aforesaid now in the
44   Occupation of the said Widow Cheek her undertenants
45   or assigns and also all that my old Thatched
46   Tenement with the Houses Outhouses Yards Gardens
47   and Appurtenances thereunto belonging in West

Page 2

1   Mersea aforesaid now or late in the occupation of
2   [..] John Revill his undertenants or assigns
3   and also all my Oyster Layings with their
4   appurtenances in Tollesbury Wigborough and Salcott
5   or elsewhere now in the several Occupations of
6   the said Samuel Overall Samuel Cook and John
7   Brand their or any of their undertenants or assigns
8   or in the occupation of any person or persons
9   whomsoever I give and devise unto John Cook
10   one of the Sons of Thomas Cook of West Mersea aforesaid
11   Gentleman and to his Heirs and assigns for ever all
12   that my Messuage or Tenement with the Houses
13   Outhouses Yards Gardens Hereditaments and Appurtenances
14   in West Mersea aforesaid and now in the several
15   Occupations of William Smy and the Widow Sudkin their
16   or any of their undertenants or assigns And also all
17   \that my/ Messuage[s] or Tenement[s] with the Houses
18   Outhouses Yards Gardens and Appurtenances thereunto
19   belonging situate and lying in West Mersea aforesaid
20   and now in the Occupation of John Balls his
21   undertenants or Assigns I give and devise unto Sarah
22   one of the Daughters of the said Thomas Cook and
23   to her Heirs and Assigns for ever all that my Messuage
24   now divided into [..] \several/ Tenements with the Houses
25   Outhouses Yards Gardens and Appurtenances thereunto
26   belonging in West Mersea aforesaid and now in the
27   several Occupations of Uriah Clarke and James
28   Harris their or one of their undertenants or assigns
29   I give and devise unto Elizabeth Another Daughter
30   of the said Thomas Cook and to her Heirs or Assigns
31   for ever all that my Messuage or Tenement with
32   the Houses Outhouses Yards Gardens and Appurtenances
33   thereunto belonging in West Mersea \aforesaid/ now in the
34   Occupation of Joseph Bibby his undertenants or Assigns
35   I give and devise unto Thomas Cook the Eldest Son
36   of the aforesaid Thomas Cook all that my Capital
37   Messuage wherein I now dwell together with all
38   the Houses Outhouses Barns Stables Lands Meadows
39   Pastures Marshes Feedings Hereditaments and Appurtenances
40   thereunto belonging situate lying and being in West
41   Mersea aforesaid And all and every other my Messuages
42   Lands Tenements Hereditaments and Real Estates
43   whatsoever and wheresoever not hereinbefore disposed
44   of to hold the same Premises with their and every
45   of their Appurtenances unto the said Thomas Cook
46   the Son and to his Heirs and Assigns for ever But in
47   case he should die under the age of twenty one
48   years and without leaving Issue of his Body lawfully
49   begotten Then I give and devise all and every my said
50   Capital Messuage Lands Tenements Hereditaments and
51   Real Estate devised to him as aforesaid unto all and
52   every his Brothers and Sisters who shall or may be

Page 3

1   living at the time of his decease and to their Heirs
2   and Assigns for ever to be Equally divided between
3   them to take as Tenants in Common and not as
4   joint Tenants Subject nevertheless and I do hereby
5   expressly charge all my said last mentioned Real
6   Estates devised to the said Thomas Cook the Son
7   as aforesaid with the payment of \the sum of/ Two hundred
8   pounds a piece of lawfull Money of Great Britain
9   to his Brothers and Sisters John Cook Sarah
10   Cook and Elizabeth Cook which I do hereby give and
11   bequeath unto them and their Assigns thereunto
12   accordingly to be paid to him \her/ and them respectively
13   at their severall attainments of the age of twenty
14   one years And if it shall happen that the said
15   Legacies or sums of Two hundred pounds a piece
16   or any of them shall not be paid after my decease
17   to the said Legatees at the times hereinbefore
18   appointed Then I do hereby declare my Mind and Will
19   to be that it shall and may be lawful to and for
20   him her or them respectively to enter into and
21   upon all and every or any \part/ of my said Real Estates
22   charged therewith as aforesaid and to distrain [Note 1] for
23   the same and the distress [Note 2] and distresses then and
24   there found to detain keep appraise and sell in like
25   manner as may be legally done in case of distress
26   for Rent reserved upon a House for years until he
27   she or they shall be fully paid and satisfied or in
28   such case to enter into and upon all or any the said
29   Premises and the Rents Issuing and Profits thereof
30   to receive and take until the said Legacies or Sums
31   of Two hundred pounds a piece shall be fully paid
32   and satisfied together with the Costs and Charges of
33   such Distress or Distresses Entry or Entries And my
34   Intention being that all and every the devisees [Note 3] of
35   my said Real Estates hereinbefore devised shall take and
36   enjoy the Benefit of the Land Tax which was and have
37   been paid out of the same by virtue of the severall
38   Acts of parliament relating thereto and I lately
39   contracted and paid for I give and bequeath all and
40   every such Land Tax and all Profit Benefit and Interest
41   which I am entitled unto from such contract to all
42   and every my said Devisees with which such of my
43   said Estates was or were charged and I have devised to
44   them respectively and to their legal Representatives
45   Also I give and bequeath unto the said Thomas Cook
46   the Son and to his legal Representatives all
47   and every \my/ Goods Chattels Household Stuff Plate
48   (Except such plate as is hereinafter by me specifically
49   disposed of) China Linen and Woollen Farming
50   Stock Utensils and Implements in Husbandry Cattle
51   Corn Grain Crop and Crops Fallow and Effects which
52   shall or may be in or up or upon my Dwelling

Page 4

1   House Farm Lands and Premises hereinbefore devised
2   to him and his Heirs as aforesaid upon Condition
3   that he or they do and shall permit and suffer
4   my Executors hereinafter named to have the use of
5   such part of my said Dwelling House and Outhouses
6   they may think proper and the Furniture therein
7   six \Calendar/ Months after my decease for the Settling and
8   Adjusting of my Concerns I give and bequeath
9   to my Executors hereinafter named the sum of
10   Five hundred pounds of lawful Money of Great
11   Britain upon Trust that they or the survivor of
12   them or the Executors or Administrators of such
13   survivor do retain the same out at Interest on
14   Real or Government Security or Securities and
15   enter and change such Security or Securities as often
16   as they or any of them shall think fit and may pay &
17   apply the clear yearly Interest Dividends and
18   Annual Proceed arising therefrom for the sole
19   use and benefit of Hannah the Wife of John
20   Balls of West Mersea aforesaid Butcher
21   during the term of her natural Life or Permit
22   her or them to receive the same Interest
23   Dividends and Proceeds as the same shall become
24   due from the time of my decease and my desire
25   is that the Receipt and Receipts of the said
26   Hannah Balls and her assigns shall be
27   from time to time good and sufficient Discharge
28   and Discharges to my said Executors for all
29   Interest Dividends and Proceed without her said
30   Husband notwithstanding her Coverture [Note 4] my Intention
31   being that the same shall not be subject or
32   liable to any of his Debts Controul or Engagements
33   And from and immediately after the decease of the [said]
34   Hannah Balls I give and bequeath the said
35   Principal Sum of Five hundred pounds together
36   with all the Interest and Dividends thereof which
37   should or may be then due and in arrear unto all
38   and every her Children and their legal Representatives
39   to be equally divided between them I give and
40   bequeath unto Henry Hawes now or late of West
41   Mersea aforesaid Gentleman Five hundred pounds
42   Stock part of my Capital Stock of one thousand
43   and six hundred pounds now standing in my Names in
44   the four Per Cent Annuities Consolidated and which I
45   direct my Executors to transfer to him as soon as
46   can be after my decease I give unto Lydia the Wife of
47   Samuel Tabor of Colchester in the County of Essex
48   Brewer the like Sum of Five hundred pounds Stock
49   part of my said Capital Stock of one thousand and
50   six hundred pounds four Per Cent Annuities Consolidated
51   and which I also direct to be transferred to her as soon

Page 5

1   as can be after my decease I give unto Bennett
2   Hawes of West Mersea aforesaid Gentleman
3   Nine hundred pounds stock now standing in my
4   Name in the three Per Cent Annuities Consolidated
5   to be transferred to him as soon as can be after my
6   decease And my Will is that the said Henry Hawes
7   Lydia Tabor and Bennett Hawes shall pay all
8   duty and other Expenses attending their Discharge
9   and Transferring of the said Stocks to them respectively
10   I give to Elizabeth the Wife of James Sach the
11   younger of Layer Marney in the County of Essex
12   Farmer the Sum of one thousand pounds of lawful
13   Money of Great Britain and to Sarah the Wife of
14   the said Samuel Overall of West Mersea aforesaid
15   Oyster Dredger the sum of Three hundred pounds of
16   like lawful Money to be paid to them respectively
17   at the expiration of one year next after my decease
18   and my Will is that the Receipts of the said
19   Elizabeth Sach and Sarah Overall shall be good
20   and sufficient Discharges to my Executors for their
21   said Legacies respectively without their said Husbands
22   notwithstanding their Coverture I give unto the said
23   Thomas Cook the Elder of West Mersea aforesaid
24   Gentleman the sum of Three hundred pounds of
25   lawfull Money of Great Britain To the said
26   John Cook Sarah Cook and Elizabeth Cook three
27   of the Children of the said Thomas Cook the
28   Sum of One hundred pounds a piece of like lawful
29   Money To Stephen Kempton of Fleet Street
30   London Cordwainer Thomas Kempton of Fingringhoe
31   in the County of Essex Taylor and Abraham Kempton
32   of Tollersbury in the County of Essex Mariner the
33   Sum of Two hundred pounds a piece of like lawful
34   Money To John Kempton son of the said Thomas
35   Kempton of Fingringhoe and Mary Wells the
36   daughter of John Wells of Abberton in the County
37   [of Essex] Gentleman the Sum of One hundred pounds apiece
38   of like lawful Money To Hannah the Wife of the said
39   John Balls of Mersea aforesaid Butcher the
40   Sum of Fifty Pounds of like lawful Money To John
41   Whittaker Cooper of Fingringhoe aforesaid and
42   Thomas Cooper of Langenhoe in the County of
43   Essex Gentleman the Sum of Two hundred Pounds
44   a piece of like lawful Money To the said John
45   Wells of Abberton aforesaid the Sum of Three
46   hundred Pounds \of like lawful Money/ To Bridgett Owen who now lives
47   with me the Sum of Ten Pounds and to Sarah
48   Hawley my Servant the Sum of Fifty Pounds of
49   like lawful Money all which said Legacies I will
50   and direct shall be paid to my said Legatees
51   respectively or to their several Representatives at
52   the expiration of one year next after my decease

Page 6

1   And I do order and direct that my said Executors
2   hereinafter named shall by and out of my Personal
3   Estate pay all the Costs of the Discharges from
4   my said Legatees to them for their said Legacies
5   as well as all Duty which shall or may be due
6   for the same respectively by virtue of any Act of
7   Parliament it being my Intention that my said
8   Legatees shall receive their full Legacies clear of
9   all Deductions whatsoever except as aforesaid I give
10   unto Sarah the Wife [of] the said Samuel Overall my
11   Silver Tankard which was my Brother John Haws
12   To Elizabeth the Wife of the said James Sach the
13   younger my Silver Cup four Table Spoons marked M.P.
14   and J.H.M. four Silver Salts three Table Spoons \one/ marked
15   J.H.M. one M.M. and the other W.H.B. and my Silver Gilt
16   Cup marked at the bottom M.H. all which were my
17   said Brother John Haws To Sophie Sach the
18   Daughter of the said James Sach the younger my
19   six Silver \Soup/ Spoons marked M.H. five other Tea Spoons
20   not marked a Pair of Tea Tongs a Spoon Tea
21   Strainer and a small Silver Mug To Henry
22   Metcall Hawes the Son of the said Bennett Hawes
23   my Silver Punch Ladle Pepper Box and two old
24   Table Spoons all marked J.H.M. and to John Hawes
25   another Son of the said Bennett Haws my Silver Punch
26   Ladle marked W.H. two old Table Spoons marked
27   J.H.M. and four Salt Spoons marked J.H. all which
28   said Pieces of Plate I direct shall be delivered
29   to the said several and respective Persons to whom
30   I have given the same at the expiration of one
31   Month after my decease and all the rest residue
32   and remainder of my Goods Chattels ready Money
33   Monies in the Public Stocks or Funds Bills Bonds
34   Mortgages Notes and other Securities for Money
35   Debts and all other my Personal Estate
36   whatsoever and wheresoever of every Denomination
37   not herein by me before disposed of (after payment
38   of my just Debts the Legacies aforesaid the Discharges
39   for the same and the Duty thereof my funeral
40   Charges the Charge of Proving this my Will and
41   all other Expenses attending the Execution thereof[)]
42   I give and bequeath unto the said Samuel
43   Overall of West Mersea aforesaid Oyster Dredger
44   and to his legal Representatives And I do nominate
45   and appoint the aforesaid John Wells John Whittaker
46   Cooper and Thomas Cooper Executors of this my
47   Will and I do declare that \it/ shall and may be lawfull
48   to and for my said Trustees and Executors and
49   the survivor of them and the Executors and
50   Administrators of the survivor to deduct and
51   retain to his and their own use and uses respectively
52   by and out of \the/ Monies which shall come to their

Page 7

1   Hands all such reasonable Costs Charges Trouble
2   Damages and Expenses as he or they shall or may
3   sustain or be put unto in or about the Execution
4   Performance or Defence of this my Will or the
5   Trusts hereby in him and them reposed as well
6   as their said Legacies and that they any or either
7   of them shall not be charged or chargeable
8   with or answerable for any Sum or Sums of Money
9   other than shall come to their hands
10   respectively and that the one of them shall not
11   be chargeable with or for the Acts or Deeds of
12   the other of them but each and every of them
13   for his own Acts and Deeds only And hereby revoking
14   all former Will and Wills by me made I do Publish
15   and declare this to be my last In Witness whereof
16   I the said Mary Hawes have to this my last
17   Will and Testament contained in one Sheet of
18   Paper set my Hand and Seal this twenty ninth
19   Day of July in the year of our Lord one thousand
20   seven hundred and ninety nine [signature of Mary Hawes]
21   Signed sealed Published and declared by the
22   said Mary Hawes as and for her last Will and
23   Testament in the Presence of us who in her
24   Presence and at her request and in the Presence
25   of each other have hereunto subscribed our
26   Names as Witnesses WmSudell, Eliza Sudell,
27   William Cheek

28   This Will was proved at London the thirty
29   first Day of May in the year of our Lord one
30   thousand eight hundred and eight before the Right
31   Honourable Sir William Wynne Knight Doctor of
32   Laws Master Keeper or Commissary of the Prerogative
33   Court of Canterbury lawfully constituted by the
34   Oaths of John Whittaker Cooper and Thomas
35   Cooper two of the Executors named in the said
36   Will to whom Administration of all and singular
37   the Goods Chattels and Credits of the deceased
38   was Granted they having been first sworn by
39   Commission Only to Administer John Wells the
40   other Executor having first renounced the
41   Probate and Execution of the said Will an
42   Interlocutory Decree having been first made
43   and interposed for the force and validity of
44   the said Will The Limitted Administration of the
45   Goods of the said deceased granted in the
46   Month of February one thousand eight hundred
47   and six to John Spurden Esquire as the nominee
48   of the said John Whittaker Cooper and Thomas
49   Cooper Pending a Suit described Cooper and Cooper
50   against Kempton having become ceased and expired

Page 8


1   by reason of the Suit being ended by Acts of
2   Court appear

Note 1 distrain: the seizure of someone's property to obtain payment of rent or other money owed (Source: OED)
Note 2 distress: the chattel or chattels seized by the process of distraining (Source: OED)
Note 3 Devisee: the person to whom property is devised by will (Source: OED)
Note 4 Coverture: Law. The condition or position of a woman during her married life, when she is by law under the autority and protection of her husband.

SourceMersea Museum
IDMARG_269