ID MARG_197_011

TitleWill of Sarah Overall West Mersea 1813
AbstractThe Will of Sarah Overall West Mersea 30 January 1813 transcribed from National Archives PROB 11/1549
Proved 11 November 1813

Transcription by Elaine Barker June 2021

This is the last Will and Testament of me
Sarah Overall of West Mersea in the County of Essex Widow which
I make in manner following that is to say First I give and devise to
my Nephew in Law Thomas Overall of West Mersea aforesaid Oyster
Merchant All those my Tenements in West Mersea aforesaid now
occupied by William Barrett and Jonathan Bumby with the Yards
Gardens and Appurt[enance]s thereunto belonging and usually occupied therewith
To hold the same unto and to the use of my said Nephew Thomas
Overall his Heirs and Assigns for ever Item the Goodwill of the
Business of my late Husband and my own in the Oyster Business I
give as much as I can do to my Nephew in law William Overall
But all the Stock of Oysters the vessels Boats Tackling and all other
Effects of and belonging to the Business I will shall be appraised and
valued by two skilful judicious indifferent/ Persons the one to be chosen by
my said Nephew in law William Overall and the other by my Ex[ecut]ors
And I will that the said William shall and may have the same
at such value and Appraisement he or his Executors or Adm[inistrat]ors paying
such Sum of Money to my Ex[ecut]ors to go in aid of the residue of my
personal Estate within Six Months from the time of my decease
Item I will and direct that with all convenient speed after my
decease my Executors hereinafter named shall and do bargain and
sell together or in Parcels All that Messuage or Tenement lately
Re-edified in which I now reside in West Mersea with the Yards Gardens
Heredit[ament]s and Appurt[enance]s thereunto belonging And also all that Messuage
or Tenement in West Mersea aforesaid now occupied by Isaac Hayward
or his Assigns with the Yards Gardens heredit[ament]s and Appurt[enance]s thereunto
belonging And also all that my Messuage or Tenement in West
Mersea aforesaid occupied by the widow Cheek or her Assigns And also
my Oyster Laying or Shares of Oyster Layings in Hungwell Fleet
in or near Tollesbury in the County of Essex And all other my
real estate not hereinbefore disposed of For the best price or prices
and most Money that can or may be fairly had or gotten for the
same And the Net Money to arise from such Sale or Sales together
with the Rents and profits thereof till sold I will shall be added to and
considered as part of my Personal Estate And for the Promoting and
facilitating such Sale or Sales I will that the Receipt or the Receipts of my
Ex[ecut]ors or the Survivor of them his Ex[ecut]ors or Adm[inistrator]s shall be a good
discharge to the purchaser or purchasers of such Estates and premises or any

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part thereof for the purchase Money or for so much thereof/ as shall be expressed to be received And I will that such
purchaser or purchasers shall not after payment of the purchase Money
be answerable or accountable for the Application or Misapplication of
the same on my part thereof Item to my own Sister Mrs Elizabeth Sach
my Sisters in law Mrs Diana Spurden Mrs Elizabeth Sweeting and
Mrs Alice Cook I give and bequeath the Sum of five hundred pounds
apiece of lawful English Money to be paid to them respectively within one
year next after my decease if however my Sister or my said Sisters in law
should die before me or before the Legacy so given to them shall become
due and payable Then I give the Legacy or Legacies of her or them so
dying unto her or their Children equally such Children however taking their
own Parents Legacy only And if any of such Children should marry and
leave lawful Issue such Infant to succeed to and take his her or their parents
part or share equally if more than one and if but one to that one
absolutely excepting always the Children hereinafter mentioned as my
Residuary Legatees who I will shall have no more than as may be given
to them as such Residuary Legatees Item I
will that within six Months next after my decease the Sum of four
hundred and fifty pounds Part of my Personal Estate Effects and Property
and not by or from any part of my real Estate or Monies to arise therefrom
and therefore distinctly if the Mortgage should be in existence of the Peldon
Estate made by my late Broter Thomas Cooke to the Trustees of my
Marriage Settlement or the Representatives of the Survivor of them I will
that the same shall be taken therefrom shall be placed or continued out
at Interest by and in the Names of the Clergyman and Churchwardens
for the time being of the Parish of West Mersea aforesaid who may alter
and vary the same by calling in the Money and placing out the same
again in the Public Stocks or on good Mortgage Security of real Estates
The Dividends or Interest whereof I will/ shall always from time to time
be applied in the Purchasing of Bread Meat and Coals and which
Bread Meat and Coals shall at or about Christmas time in every
Year be distributed and given to and among the Industrious poor
Inhabitants of the said Parish of West Mersea entirely at the
discretion of the Clergyman and Churchwardens of the said Parish
for ever and not for any other use interest or purpose whatsoever Item
I hereby nominate and appoint The Reverend Nathaniel Forster the
present Vicar and Clergyman of the said Parish of West Mersea and
my Nephew in Law Mr John Anger who married one of Mrs Sweetings
daughters Executors of this my last Will and Testament and to give
unto each of them one hundred and fifty pounds of lawful English
Money as such Executors over and above their reasonable Charges and
Expenses as such Executors And as to for and concerning my Monies
in the Funds Monies in Hand debts due and owing to me and all other
my Personal Estate and Effects whatsoever and of what Nature or
Kind soever the same may be at the time of my death and the
Monies hereinbefore mentioned to go in aid of my personal Estate and
from the Sale or Sales and Stock aforesaid (from and after and subject
to the Payment of my just debts Funeral Charges the Legacies aforesaid
and Testamentary Expenses and the incidental Charges of proving and
executing this my Will) I will shall be divided into five equal parts
and shares out of which parts or shares I give unto my own Niece
Elizabeth Cooke the daughter of my late Brother Mr Thomas Cooke
to and for her own use and benefit absolutely one other like share or part
unto my own Niece Sarah Overall Sach to and for her own use and benefit
absolutely One other like Share or part unto my Niece in Law Mary
Overall to and for their own use and/ benefit absolutely one other like I have or part
unto my Niece in law Mary Sweeting to and for her own use and benefit
absolutely And the remaining fifth part and Share I give and bequeath
unto my Nephew in law William Spurden to and for his own use and

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benefit absolutely And I do hereby revoke and make void all former
Wills by me made And in Testimony of this being my last Will and
Testament I have set my Name at the bottom of the three preceding
Sides of this Sheet of Paper and have hereunto set my Hand and Seal
this thirty first day of October in the Year of our Lord one thousand eight
hundred and nine - Sarah Overall - Signed Sealed Published and
declared by the said Sarah Overall the Testatrix as and for her last will
and testament in the Presence of us who have hereunto Subscribed
our Names as Witnesses thereto in her presence at her request and in
the presence of each other - Hannah Brand - John Brand -
William Francis
Whereas I Sarah Overall of West Mersea have made
& duly executed my last Will and Testament in Writing bearing date
the thirty first day of October One thousand eight hundred & nine
Now I do hereby declare this present writing to be as a Codicil to
to my said Will & direct the same to be annexed thereto & taken
as part thereof And I do hereby give & bequeath to William,
Stephen, Samuel & Charles Overall Sons of
of Stephen Overall of West Mersea the Sum of fifty
Pounds each of lawful English Money to be paid to each of them
as the other Legacies directed in my Will I also give & bequeath
to Susannah Blyton in Consideration of her kind & affectionate
attendance upon me during a long and Painful Affliction the Sum
of two hundred pounds of lawful English Money to be paid to
her as the other Legacies directed in my Will & also a Suit of
Mourning as a further token of my regard together with a Bureau
now in my Sleeping Room & a Work Table now standing in the
keeping parlour I also give & bequeath to Mrs Phillis Wyatt
Widow the Sum of twenty pounds I also give & bequeath to Mr
Roger Nunn Surgeon the Sum of twenty pounds both of which
Legacies paid as those directed in my Will of lawful English Money
I also give & bequeath unto the Rev[eren]d Nath[anie]l Forster one of the
Ex[ecut]ors named in my/ Will my Watch which I am now in the habit
of wearing I also give & bequeath to my own Sister Mrs Elizabeth
Sach all my wearing Apparel I also gibe & bequeath to my said
Sister Mrs Elizabeth Sach the time piece & Case now standing
upon the Mantel piece in the keeping parlour I also give and
bequeath to my said Sister Mrs Sach my Silver Snuff Box
I also give & bequeath to my Sister in Law Mrs Alice Cooke
my Interest in the third Share xxof the Lease/ of the dairy & Farm which I
hold under Horatio Cock Esq[uire] during the Term of her widowhood
and in the Event of my said Sister in Law Alice Cooke marrying
I do give & bequeath such Share of the said lease to Mr.
Nathaniel Rogers the other Partner in the Counsel I also give to
my Niece Sarah Cooke my Work Table I also give to my Niece
Elizabeth Sach my Tea Caddy with the Silver Sugar Basen I
also give unto my Niece Sophia Sach my Silver Tea pot I also give
& bequeath to my Niece Nancy Sach the patch work window Curtains
in the parlour I also give & bequeath to my Nephew Thomas Overall
Son of Stephen Overall the Sum of fifty pounds to be paid to him
as the other Legacies I also direct that the Silver Cup marked M. O.
shall be given to my Niece Mary Overall I also direct that a
watch & Silver Cup once the property of William Morley deceased
shall be given to his Grandson William Morley now in the Service
of Mr James Merchant of East Mersea And whereas by my said
said Will I did give & bequeath to the poor of the parish of west
Mersea the Interest of four hundred & fifty pounds for ever being

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there expressed as part of my Marriage Settlement Now I hereby
revoke the said bequest & I do give unto the aforesaid Parish under the
aforesaid trustees the Interest of two hundred pounds from the said
Marriage Settlement for ever in aid & for the Support of a Sunday
or day Charity School in the aforesaid Parish & no more In Witness
whereof I the said Sarah Overall have to this Codicil set my Hand
& Seal his/ thirtieth day of January in the Year of our Lord one thousand
eight hundred & thirteen - Sarah Overall - signed declared &
Published as & for a Codicil to be annexed to her last Will and Testament
& to be taken as part thereof in the presence of - William Barrett
Susan Ennew her X Mark
Proved at London with a Codicil 11th Nov[embe]r 1813 before the Judge
by the Oathes of the Rev[eren]d Nathaniel Forster Clerk & John Anger the
Ex[ecut]ors to whom Adm[inistratio]n was granted having been first sworn by Com[m]on
duly to administer.

Published30 January 1813
SourceMersea Museum
IDMARG_197_011