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WILL of Samuel Croxson of Rayleigh 1837
This is the last Will and Testament of me Samuel Croxson of Rayleigh in the county of Essex Wheelwright. First I give and bequeath all and singular my household furniture, plate, linen, china, debts, monies and securities for money, stock in hand and all other my personal estate and effects whatsoever and where so ever unto my dear wife Susannah Croxson her executors and administrators. Upon first that my said wife do and shall with all convenient speed after my decease receive, collect and get in the same and therewith and there out pay off and discharge all my just debts (whether the same be due upon mortgage, bond or other specially or upon simple contract according to their legal priority) funeral and testamentary charges and expenses and after payment thereof and subject thereto. I give and bequeath all and singular my household furniture, plate, linen, china, debts, monies and securities for money, stock in hand and all other my personal estate and effects aforesaid unto my said wife Susannah Croxson to use for her own use and benefit absolutely. Next I give and devise all that my messuage or tenement with yards, gardens and appurtenances unto belonging now in my occupation situated in the town of Rayleigh aforesaid and all other my real estate whatsoever and whosesoever unto and to the use of my said wife Susannah Croxson and her assigns for and during the term of her natural life with power for my said wife and her assigns from time to time by indenture duly executed to devise or leave the said premises or any part thereof for any term not exceeding fourteen years in ---- and not in reversion so that the best yearly rent that can be reasonably obtained for the same premises to be reserved thereby and without taking any fine or forfeit for the making such a lease and so that there be contained therein a clause in the nature of a condition of tenancy on the non payment of rent thereby to be reserved and so that the leasee or leasees execute a counteract there of and thereby covenant for the payment of the rent thereby reserved and from and after the decease of my said wife Susannah Croxson I give and devise the said messuage, tenement and premises with the appurtenances and other my said estate aforesaid unto and to the use of my son William Henry Croxson and my friend Marshall Turner of Rochford in the said county of Essex, Gentleman their heirs and assigns forever upon that neither less that they the said William Henry Croxson and Marshall Turner the survivor of them or the heirs and assigns of such survivor do and shall with all convenient speed after the decease of my said wife Susannah Croxson absolutely sell and dispose of the same either initially and together or in parcels or lots by public auction or private contract for the most money that at the time and in --- times of such sale or sales can be reasonably obtained with expenses for the said William Henry Croxson and Marshall Turner and the survivor of them and their heirs and assigns of such survivor to buy in -------- said herediments and premises which shall be so put up for sale by public auction and to resell the same in all or any or either of the modes aforesaid and to rescind any agreement entered into by private contract without being liable for any loss or diminution in price which may happen thereby And I hereby authorise elect and empower my said trustees and trustee for the same being to enter into make and execute all such contracts conveyances and assignances acts deeds mallets and things which to my said trustees or trustee for the time being shall seem proper and reasonable for the purpose aforesaid. And I give and bequeath unto the aforesaid William Henry Croxson and Marshall Turner their executors administrators and assigns all the monies to ask and be produced by such sale or sales and the rents issues and forfeits of my said real estates from the decease of my said wife until the same shall be sold and disposed of as aforesaid. In part for all and every my children who shall be living at the decease of my said wife and lawful issue of such of them as shall be dead leaving lawful issue living at his her or their death or respective deaths in equal shares and portions as tenants in common the issue of every such child so dying beforehand in the place of his her or their deceased parent and to have and take the share of and in the said sale monies to which his her or their deceased parent or parents would have been entitled if living and also to take the same as between themselves in equal and divided portions as tenants in common And I do hereby future declare and direct that all my receipts which shall be given by my said trustees or the survivor of them his heirs executors and administrators for any purchase or other expenses to be received by them or him under this----- shall be a good and sufficient discharge --- there can rectified or acknowledged----- thus been secured and shall release the---- paying the same money and taking such receipt from all allegation of seeing to the application of the said money and from all him and liability whatsoever by reason--- account of the less misapplication or nonapplication therefore of any part thereof. And I do hereby nominate and appoint my said wife Susannah Croxson sole executrix of this my will, And I do hereby further declare my will to be that my Trustees and trustee for the time being shall not be chargeable with on accountable for any more of the aforesaid trust estate monies and premises than they respectively shall actual receive or shall come to their respective hands by virtue of this my will nor with or for any loss which shall happen of the same or any part thereof so as such lose happen without their respective lawful default nor any one or more of them for or any others of them or for the acts or deeds or defaults of the other or others of them but each of them only for his own acts and deeds and wilful default. And also that it shall and maybe lawful for them my said trustees or trustee for the time being in the fist place by and out of the aforesaid real estate monies and premises to deduct and reimburse themselves respectively and to pay or allow to each other all such loss or costs charges and expenses as they shall respectively sustain expend or be put unto by reason of the trust hereby in them reposed in relation to the same estate monies and premises respectively or the management or execution thereof or any other thing in anywise relating thereunto. And lastly I do hereby revoke all former and other wills by me at anytime heretofore made or published and do publish this only as and for my last will and testament. In witness whereof I the said Samuel Croxson the testator have hereunto set my hand and seal this nineteenth day of July in the year of Our Lord One Thousand eight Hundred and thirty two. Samuel Croxson (LS) Signed sealed published and declared by the said Samuel Croxson the testator as 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 hereto inscribed our names or signatures hereto, Samuel Spinks Jnr, Thomas Bishop, Robt King, Rayleigh This is a codicil to the last will and Testament of me Samuel Croxson of Rayleigh in the county of Essex. Where might which I devised may be annexed thereto and considered fact thereof. Whereas in and by my said last will and testament dated the nineteenth day of July one thousand eight hundred and thirty two. I have given and devised certain premises at Rayleigh Aforesaid therein described and all other my real estate whatsoever and wheresoever unto and to the use of my dear wife Susannah Croxson and her assigns during her life and from and after her decease unto and to the use of William Henry Croxson and My friend Marshall Turner their heirs and assigns forever upon certain trusts in my said will particularly mentioned now I do hereby revoke annul and make void the devise of the said premises at Rayleigh aforesaid and other my real estate after the decease of my said wife to the said William Henry Croxson and Marshall Turner upon the trusts before mentioned and instead thereof I give and devise all the said premises at Rayleigh aforesaid in my said will particularly described and all other of my real estate whatsoever and wheresoever from and after the decease of my said wife unto and to the use of my friend William Ely of Southminster in the county of Essex wheelwright and the said Marshall Turner their heirs and assigns for ever upon and for the same trust intents and purposes and with and under and subject to the like provisers provisos and declarations were here recited and made distinctly applicable to the said William Ely and Marshall Turner their heirs and assigns. And I do hereby publish and confirm my last will and testament in all subjects except where the same is attested and revoked by the codicil. In witness whereof I the said Samuel Croxson the testator have hereunto set my hand and seal this twenty forth day of June in the year of Our Lord One Thousand eight Hundred and thirty --- Samuel Croxson (LS) Signed sealed published and declared by the said Samuel Croxson the testator as 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 hereto inscribed our names or signatures hereto, Samuel Spinks, Thomas Bishop, Robt King, Rayleigh (The pages of this Will have damage to the bottom left hand corner and therefore I have been unable to make out some words.) |