| This is the last will and testament of me Thomas May of West Mersea in the county of Essex Esquire Lord of the Manor of West Mersea which I make in manner and form following that is to say whereas in and by a certain indenture of release and conveyance bearing date on or about the twenty eighth day of November one thousand eight hundred and twenty nine I covenanted with my son Henry John May to surrender when required all that my copyhold oyster laying in the manor of Tolleshunt Gynes otherwise Tolleshunt Bourchiers And also all that my oyster laying in Wigborough copyhold of the manor of Great Wigborough with Salcott And also all that my oyster laying in Little Wigborough copyhold of the manor of Coppis Hall To the use of myself for life with remainder to my said son Henry John May in fee Now in case I shall happen to die without having made and passed such surrender I do hereby give and devise all and singular the said oyster layings with the appurtenances unto my said son Henry John May his heirs and assigns for ever Item I give and devise unto my said son Henry John May all that my messuage or tenement with the rights ??? and appurtenances thereto belonging situate at the end of Raymarsh Lane in West Mersea aforesaid and the storehouses near or adjoining now or late in the several tenures or occupation of James French and John Hubbard to hold the same premises with the appurtenances to the said Henry John May his heirs and assigns for ever Item I give and devise unto my dear wife Mary Ann May and her assigns all that my messuage or tenement in which I now reside with the yards gardens and apputenences thereunto belonging together with all that my farm and estate called Leakies or otherwise with the lands hereditaments and appurtenances thereto belonging containing by estimation seventy four acres be the same more or less and also all the Great or Manorial tythes or tenths of corn grain hay and wood arising renewing and issuing out of and from the said farm lands hereditaments and premises to hold the said messuage or tenement farm lands tythes and hereditaments with the appurtenances unto my said wife Mary Ann May and her assigns foe the term of her natural life or widowhood to enable her to support and maintain herself and my son Edward and any other child or children she may have by me And from and immediately after her decease or second marriage which shall first happen I give and devise the said messuage or tenement farm lands tythes hereditaments and premises with the appurtenances unto my said son Edward May and all and every other child or children which I may have by my present wife living at the time of my decease or born in due time afterwards and his her and their heirs and assigns for ever as tenants in common and not as joint tenants But in case I shall leave no issue by my said wife living at the time of my decease or being such all should die under the age of twenty one years and without leaving lawful issue then I give and devise the same estate with the appurtenances after the decease or second marriage of my said wife unto my daughter Betsey the wife of Isaac Green of Fordham Hall in the said county farmer her heirs and assigns for ever Item I give and bequeath unto my said wife the stock and crop which shall be on my said farm called Leakies at the time of my decease for her own use absolutely and the use but not the property of all the household goods and furniture plate linen and china which shall be in and about my dwelling house for the term of her natural life or widowhood And from and immediately after her decease or second marriage which shall first happen I give and bequeath the same household goods and furniture plate linen and china unto my said son Edward and all and every other my children which I may have by my said wife living at the time of mt decease or born in due time afterwards equally to be divided between them as and when they shall attain the age of twenty one years But if there should be no child or children being such all of them should die under the age of twenty one years and without leaving lawful issue then I give and bequeath the same goods and furniture plate linen and china unto my said daughter Betsey Green for her own use absolutely Item I give and bequeath unto my said wife Mary Ann May for the term of her natural life one annuity or clear yearly rent charge of one hundred pounds issuing out of and from and chargeable upon all that my farm with the lands hereditaments and appurtenances thereto belonging situate in West Mersea aforesaid called the Brick house farm with powers of distress and ?? for the recovery of the said annuity in case of non-payment of rent reserved by a lease for years such annuity to be paid half yearly with a proportionable part thereof up to the day of the decease of my said wife the first payment to be made upon the quarter day which shall happen next after my decease Also I subject and charge my said farm called the Brick House Farm with the payment within six months after my decease of the sum of one thousand pounds to the trustee or trustees for the time being of the settlement made on the marriage of my said daughter Betsey with the said Isaac Green to be applied and disposed of according to the trusts powers and provisos of the said settlement which said sum of one thousand pounds I being out of the trustees some time ago took into my own hands but have regularly paid interest to the said Isaac Green and Betsey his wife for the same ever since And subject to the said annuity and to the payment of the said sum of one thousand pounds at the time aforesaid I give and devise the said farm called the Brick House farm with the lands hereditaments and appurtenances thereto belonging together with the great or Manorial tythes of corn grain hay and wood arising renewing and issuing out of and from the same unto my said daughter Betsey Green her heirs and assigns for ever with power for her my said daughter to dispose of the same as she may direct or appoint in and by her last will and testament in writing notwithstanding her present or any future coverture Item I give and devise unto my said wife my son in law the said Isaac Green and Stowers Carter Posford of Great Clacton in the said county Farmer and their heirs All that my manor or lordship of West Mersea with the rights royalties privileges advantages and appurtenances thereof And also that my capital messuage or tenement and farm called West Mersea Hall with the lands and appurtenances thereto belonging as now occupied by my son Thomas May and also the advowson of or right of presentation to the vicarage and parish church of West Mersea aforesaid and also all the great or manorial tythes or tenths of corn grain hay and wood arising renewing happening and issuing out of and from the said parish of West Mersea (except the great tythes issuing out of and from the estates hereinbefore devised by this my will) and also all those my cottages near West Green and all other my real estate whatsoever and wheresoever not hereinbefore disposed of to hold the same and every part and parcel thereof with their and every of their rights and appurtenances unto my said wife the said Isaac Green and Stowers Carter Posford and their heirs upon the trusts following namely upon trust in the first place by and out of the rents issues and profits of the said estate to pay and discharge the interest to accrue and become one yearly and every year for and in respect of the present mortgage now affecting the same estate and the fee farm rent charges thereon or on some part thereof And further to keep the house and all and every the buildings and erections upon the said estate in good and substantial repair order and condition and insured to the full value thereof against loss or damage by fire And further out of the said rents issues and profits to pay or cause to be paid unto my said wife or to suffer her to retain thereout the sum of one hundred pounds yearly and every year together with the quit rents of the manor and the manorial profits thereof for and towards the maintenance education and support of my said son Edward and any other child or children she may have at the time of my decease or born in due time afterwards And upon further trust out of the said rents issues and profits to pay or cause to be paid unto my said son Henry John May the sum of fifty pounds yearly and every year for and during the term of his natural life whose receipt and whose receipt only to my executors or the survivor of them or the heirs of such survivor shall be a sufficient discharge And upon further trust that they my said trustees or the survivor of them or the heirs of such survivor do and shall upon or as soon as conveniently after the decease of my said son Henry John May raise and levy by way of mortgage upon the said manor farm and estate or a competent part thereof the principal sum of one thousand pounds which I dispose of as hereinafter mentioned And upon further trust that they my said trustees or the survivor of them or the heirs of such survivor do and shall pay and apply the residue of such rents issues and profits unto my said son Thomas May for and during the term of his natural life And from and immediately after his decease I give and devise my said manor lordship advowson farm lands tythes hereditaments and real estate unto my said son Edward May his heirs and assigns and all and every other the child and children which I may have by my said wife living at my decease or born in due time afterwards and their heirs and assigns for ever as tenants in common and not as joint tenants But in case my said son Edward May and such other child or children should depart this life under the age of twenty one years and without leaving lawful issue then I give and devise the same estates hereditaments and premises unto all and every the children of my said son Henry John May and of my said daughter Betsey Green their heirs and assigns for ever in equal shares and proportions as tenants in common and not as joint tenants provided however and it shall and may be lawful for my said trustees and executors to permit and suffer my said son Thomas to hold and occupy my said farm called West Mersea Hall and to receive the tythes of the said parish for any time or term of years which he and they may agree upon (if he shall farm and cultivate the lands in a proper and husbandlike manner according to the custom of the country but not otherwise) by paying as well the present existing interests and annual charges as those with which I have charged the said farm and estate and made the same liable to by this my will and keeping the buildings in good and substantial repair to the satisfaction of my said trustees and executors and insured against loss or damage by fire to the full value thereof And in that case it shall and may be lawful for my said trustees and executors to fix and assess an annual rent adequate and sufficient for such yearly payments expenses and outgoings and if expedient to grant a lease of the said farm upon such terms but in which lease there shall be contained all usual covenants on the part of a tenant and a counterpart thereof shall be executed by my said son Thomas provided also and my mind and will further is that if my said son Thomas shall put off let assign or otherwise dispose of the said farm and estate called West Mersea Hall or part with his interest therein or avail himself of any power or authority to do so by virtue of any agreement for a lease or otherwise without the license and consent of my executors hereinafter named first had and obtained in writing I revoke and make void the benefit and provision I have hereinbefore made for my said son Thomas by this my will and do give and bequeath the whole of the said rents and profits after making the deductions aforesaid unto my said wife for her own benefit during her life and the benefit of her children living at the time of my decease or born in due time afterwards during their minorities And as to the said sum of one thousand pounds to be raised by further mortgage of my said estate at the decease of my said son Henry John May I give and bequeath the same unto and amongst all and every the children of my said son Henry John May who shall be living at the decease of my said son equally to be divided between them part and share alike to be vested interests in them at the age of twenty one years And in case any or either of the same children shall die under the age of twenty one years without leaving lawful issue at his or her death Then as to the share and accruing shares of the child so dying In trust to divide the same between the other or others of the same children in the manner as before directed concerning their original shares And if there shall be but one child of my said son Henry John May then in trust to pay the said one thousand pounds unto such only child his or her executors administrators or assigns provided however and in case my said son Thomas May should not be living at the time of the decease of my said son Henry John May and the child or children which I may happen to leave by my present wife shall have attained his her or their age or ages of twenty one years and shall be respectively entitled to the possession of the said estate so devised to them upon the events aforesaid it is my mind and will that such child or children may be at liberty to pay the said sum of one thousand pounds to the child or children of my said son Henry John May in manner aforesaid without the necessity of applying to my said executors and trustees to raise and levy the same by mortgage as hereinbefore directed provided also and in case I shall leave no child or children by my said wife or being such all of them shall die under the age of twenty one years and without leaving lawful issue and the children of my said son Henry John May and the children of my said daughter Betsey Green shall by reason of their death or deaths come into the possession or enjoyment of the said estate then I revoke the legacy or bequest of the said sum of one thousand pounds to the children of my said son Henry John May in manner aforesaid and declare the same to be null and void Item I direct that my said wife during her life or widowhood shall have the free right and liberty for herself and family to use and occupy the pew in the chancel of the parish church of West Mersea aforesaid called the Hall pew And if she should die my widow it is my desire that she may be interred in my family vault under the chancel of the said church Also I direct that my said son Henry John May shall have the free right and liberty for himself and his family to use and occupy the pew now used by Mr Alt in the same chancel of the said church And as to for and concerning all other my personal estate and effects whatsoever and wheresoever from and after payment of all my just debts not otherwise hereinbefore expressly charged upon my real estate funeral and testamentary expenses and the charges incident to the performance of the trusts of this my will I give and bequeath the same and every part thereof unto my said wife Mary Ann May to and for her own sole use and benefit absolutely And lastly I nominate constitute and appoint my said wife Mary Ann May the said Isaac Green and Stowers Carter Posford Executrix and Executors of this my will And I give and bequeath the said Stowers Carter Posford the sum of twenty five pounds over and above all his reasonable charges and expenses as such executor provided always and I do hereby declare that my said trustees and executors shall not be answerable or accountable for the other or others of them or for the acts deeds or defaults of the other or others of them nor for involuntary losses nor for money received under receipts in which they shall join only for a conformity And that they my said trustees shall and may reimburse themselves and each other out of the monies that may come into their hands by virtue of this my will all costs and expenses to be incurred by them in the execution of the trusts reposed or anywise in relation thereto And hereby revoking all other wills by me at any time heretofore made I do declare this only to be and contain my last In witness whereof I the said testator Thomas May have to this my last will and testament contained in eight sheets of paper set my hand to the first seven sheets my seal to the label affixing them together and my hand and seal to this eighth and last sheet thereof this twenty sixth day of July in the year of our Lord one thousand eight hundred and thirty six Thos May Signed sealed published and declared by the said Thomas May the testator 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 Wm W Francis Thomas Bolton Thos Bolton jnr.
Whereas I have by my will within written charged my estate called West Mersea Hall and the lands and appurtenances thereunto belonging with the payment and discharge of the interest of the present mortgage now affecting the same And whereas I have lately paid to the mortgagees of the said estate five hundred pounds in part discharge of the principal sum secured thereon by reason of which payment the yearly interest upon the said mortgage hath been reduced but still it is not my intention thereby to lessen or abate the amount of the yearly payments and outgoings which i have willed and directed to be borne and paid by my son Thomas as the tenant or occupier thereof Now I do by this codicil which I desire may be taken as part of my will within written direct my trustees within named by and out of the rents issues and profits of my said farm called West Mersea Hall to pay or apply the sum of twenty five pounds yearly and every year to or for the sole use and benefit of my son Edward towards his maintenance education and support during his minority And upon his attaining the age of twenty one years to pay the same yearly and every year into his own hands And I charge the same estate with the payment thereof accordingly In all other respects I ratify and confirm my said will In witness whereof I have hereunto set my hand and seal this twenty seventh day of May in the year of our Lord one thousand eight hundred and thirty seven Thos May signed sealed and declared by the within names testator Thomas May as and for a codicil to his will within written and to be taken as part thereof 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 Wm W Francis R P Francis Thos Bolton
Proved at London with a codicil the 3rd June 1843 before the judge by the oaths of Mary Ann May widow the relict Isaac Green and Stowers Carter Posford the executors to whom Administration was granted having been first sworn by commission duly to administer.
Transcribed from National Archives PROB 11/1981 by Christine Kirkman March 2011
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