Abstract | Will of Thomas Overall, oyster dredger, of West Mersea dated 12th May 1795 transcribed from National Archives document PROB 11/1334/104.
Transcription, abstract etc by Trevor Hearn January 2022
Abstract
Thomas Overall oyster dredger, of West Mersea
Date of will: 12th May 1795
First Codicil: 16th May 1795
Second Codicil: 29th September 1799
Third Codicil: 7th October 1799
Date of death: unknown
Date of Probate: 11th December 1799
The testator, Thomas Overall, bequeaths his property called Little Woolvets in West Mersea together with the property in West Mersea purchased from John Hawes, under the current occupation of William Barret and Jonathan Bumby, to his mother Elizabeth Overall for the term of her natural life. Upon her death the properties are to be transferred to the nephew, Thomas Overall, of the testator. If the nephew Thomas Overall should die before the age of 21 or before the death of Elizabeth Overall, the former property is bequeathed to the brothers and sisters of the testator, namely Stephen Overall, Samuel Overall, Elizabeth Sweeting (wife of John Sweeting) and Dinah Spurden (wife of John Spurden). Under the third codicil to the will, the latter property bequest is revoked and newly bequeathed to Samuel Overal, brother of the testator, upon the death of the said Elizabeth Overall.
The vessel UNITY belonging to the testator together with the rest and residue of the personal estate is bequeathed to the nephew Thomas Overall
subject to Elizabeth Overall having use of the same during her life. If Thomas should die before Elizabeth or before his age of majority, then such
bequest is made to his brothers and sisters as aforesaid. This bequest is revoked under the first codicil and a new bequest made whereby
Thomas Overall, nephew, receives the vessel UNITY and associated equipment plus the oyster barrell trade (subject to the stipulations mentioned above regarding death and age of majority) after the death of Elizabeth Overall. Additionally, after the death of Elizabeth, Thomas is to receive all other trades of the testator save for those already bequeathed and subject to the afore stipulations. Under the second codicil, the vessel
the BETSEY is substituted for the UNITY.
Under a deposition dated 3rd December 1799 James Bennell confirms the handwriting of the testator in the first codicil.
The nominated executors are Elizabeth Overall (mother of the testator), Samuel Overal and Stephen Overall (both brothers of the testator) to whom probate is granted on 11th December 1799.
Transcription
Page 1
1 This is the last Will
2 and Testament of me Thomas Overall of West Mersea
3 in the County of Essex Oyster Dredger being of sound
4 mind memory and understanding which I make in
5 manner and form following that is to say First I give
6 and devise unto my Honored Mother Elizabeth Overall
7 and her assigns All that Copyhold Messuage or Tenament
8 with the Yards and Appurtenances thereto belonging which
9 I purchased of John Hawes Oyster Dredger situate and
10 being in West Mersea aforesaid and now occupied by
11 William Barrett and Jonathan Bumby And also all
12 that Copyhold Messuage Tenement or Cottage called by the
13 Name of the Little Woolvetts with the Appurtenances
14 situate in West Mersea aforesaid and now in my own
15 occupation And also all other my Real Estate whatsoever
16 To hold the said several Messuages Lands Tenements Real
17 Estate and Premises with their and every of their
18 Appurtenances unto my said Mother Elizabeth Overall and
19 her assigns for and during the term of her natural life
20 and from and immediately after her decease I give
21 devise and bequeath the same unto my Nephew Thomas
22 Overall Son of my Brother Stephen Overall And to
23 his Heirs and Assigns for ever absolutely But if my said
24 Nephew Thomas Overall should die under the age
25 of twenty one years Then I give and devise the
26 same Messuages Lands Tenements Real Estate and
27 Premises unto my Brothers and Sisters Vizt [Videlicet] Stephen
Page 2
1 Overall Samuel Overall Elizabeth the Wife of Mr John Sweeting
2 and Dinah the Wife of Mr John Spurden and to their
3 Heirs and Assigns for ever as Tenants in Common and
4 not as Joint Tenants And as to my Vessel called the
5 Unity with the Tackling Furniture and other Materials
6 and Appurtenances belonging to the same And all the
7 rest and residue of my Shipping Fishing Tackle with my
8 Plate Goods Chattels and Personal Estate (after payment
9 of my just Debts Funeral Expenses and Charges of proving
10 this my Will) I give and bequeath the use of but not
11 the Property unto my said Mother during her life
12 and from and immediately after her decease I give and
13 bequeath the same unto my said Nephew Thomas
14 Overall for his own use and benefit absolutely But if
15 he should die before my Mother or before he should
16 attain the age of twenty one years Then I give and
17 bequeath all my said Personal Estate unto my said
18 Brothers and Sisters vizt Stephen Overall Samuel Overall
19 Elizabeth Sweeting and Dinah Spurden equally to be divided
20 between them part and share alike And I nominate
21 constitute and appoint my said Mother and my said Brothers
22 Stephen and Samuel Executrix and Executors of this my
23 will and I do request of them to recommend my said
24 Nephew Thomas Overall to those Persons who have been
25 my Customers in the Oyster Dredging and Oyster Barrel
26 Business to continue their Favor to my said Nephew It
27 being my wish he should succeed me eventually in my
28 Business And hereby revoking all former Wills by me
29 made I do declare this to be my last Will and Testament
30 In Witness whereof I have hereunto set my Hand and
31 Seal this twelfth day of May in the Year of our Lord
32 one thousand seven hundred and ninety five Thos Overall
33 [seal of Thomas Overall] Signed Sealed Published and declared by the said
34 Testator Thomas Overall as and for his last Will and
35 Testament in the presence of us who at his request in
36 his Presence and in the Presence of each other have
37 hereunto subscribed our Names as Witnesses Willm Francis
38 H.C. Robinson
39 Whereas I have in my within will given and
40 bequeathed my Vessel called the Unity with the Tackling
41 Furniture and other Materials and Appurtenances belonging to
42 the same And all the rest and residue of my Shipping
43 Fishing Tackle with my Plate Goods Chattels and Personal
44 Estate to my Nephew Thomas Overall after the decease of
45 my Mother Now I do hereby revoke the said bequest
46 and do instead thereof give and bequeath to my said
47 Nephew Thomas Overall after the decease of my Mother
48 The said Vessel called the Unity with the Tackling Furniture
49 and other Materials and Appurtenances belonging to the
50 same And also the Oyster Barrel Trade carried on in the
Page 3
1 same Vessel And I give after the decease of my Mother all
2 other my Shipping Fishing O[y]ster Dredging and other Trades
3 (except what is carried on in The Unity and all other my
4 Personal Estate unto all my Brothers and Sisters within
5 mentioned equally to be divided between them) And in
6 case of my Nephews Death under age or before my
7 Mother Then I give and bequeath the said Vessel and
8 Business to my said Brothers and Sisters equally And
9 hereby confirming my said Will I declare this to be a
10 Codicil thereof Witness my Hand this sixteenth Day of
11 May 1795 Tho. Overall Signed and Published by the
12 said Thomas Overall as a Codicil to the within Will in
13 our presence and by us attested in his presence and in
14 the presence of each other H. C. Robinson Jas Bennell
15 Junr
16 Mersea Sept[ember] 29th 1799
17 I bequeath to my Nephew Thomas Overall
18 the Betsey instead of the Unity as mentioned in my Will
19 after my Mothers decease Thos Overall Witness John
20 Spurden
21 Whereas I have in my within Will given
22 & bequeathed unto my Nephew Thos Overall at the
23 death of his Grandmother all that now Cottage that I
24 purchased of John Hawes Oyster Merchant situated & being
25 in West Mersea and now in the Occupation of Jonathan
26 Bomby & Wm Barret Now I do hereby revoke the said
27 bequest and do give and bequeath unto my Brother
28 Saml Overall at the death of his Mother all that
29 now Cottage that I purchased of John Hawes Oyster
30 Merchant situated & being in West Mersea aforesaid and
31 now in the Occupation of Jonathan Bomby and Wm Bennet
32 And hereby confirming my said Will I declare this to
33 be a Codicil thereof Witness my Hand this Seventh day
34 of Octr 1799 Thos Overall Witness Nathl Forster John
35 Braisted
36 Appeared Personally James Bennell
37 the younger of Colchester in the County of Essex Scrivener
38 and made Oath that he knew Thomas Overall late
39 of West Mersea in the said County Oyster Dredger
40 deceased and was acquainted with his manner and
41 character of handwriting and subscription having seen
42 him write and subscribe his Name and having now
43 carefully viewed and perused the Paper Writing hereunto
44 annexed purporting to be and contain a second Codicil
45 or addition to the last Will and Testament of the said
46 deceased the said Codicil beginning thus "Mersea Sept 29th
1799
Page 4
1 1799" ending thus ["]after my Mothers decease" and thus
2 subscribed "Thomas Overall""""" he this Deponent doth depose
3 that he verily and in his Consciance believes the contents
4 of the said Codicil beginning ending and subscribed as
5 aforesaid to be all of the proper handwriting and subscription
6 of the said Thomas Overall deceased And this deponent
7 further saith that he is a Subscribing Witness to the
8 Writing also hereunto annexed (Written or indorsed on
9 the Back of the said Paper Writing or last Will and
10 Testament of the said deceased) purporting to be and
11 contain the first Codicil or addition to the said last
12 Will and Testament of the said deceased and now
13 viewing the Initial Letters "J.B." written opposite the
14 interlineation of the words "And all other my Personal
15 Estate" in such last mentioned Codicil he saith that such
16 Initials are of his (the Deponents) handwriting and
17 that such interlineation as the same now appears was
18 made and done therein previous to the said deceased's
19 executing the same Codicil Jas Bennell Junr Sworn at
20 Mersea in the County of Essex the 3rd Day of December
21 1799 before me Nathl Forster Commissioner
22 This Will was proved at London with three
23 Codicils the eleventh day of December in the Year of
24 our Lord one thousand seven hundred and ninety nine
25 before the Right Honorable Sir William Coynne Knight
26 Doctor of Laws Master Keeper or Commissary of the
27 Prerogative Court of Canterbury lawfully constituted by the
28 Oaths of Elizabeth Overall Widow the Mother Stephen
29 Overall and Samuel Overall the Brothers of the deceased
30 and the Executors named in the said Will to whom
31 Administration was granted of all and singular the Goods
32 Chattels and Credits of the said deceased having been first
33 sworn \by Com[m]on/ duly to Administer
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