WILL
OF Thomas Fitch OF Whethersfield, Essex
IN
THE NAME OF GOD AMEN
I
Thomas Fitch of Wethersfield in the County of
Essex. Gentleman being of sound and diaposing mind and memory (Thanks be to god
for same) do make and declare this my last will and testament in _____
following (that is to say) I do hereby notify and confirm the settlement that I
have made of certain freehold and copyhold lands and tenements in Wethersfield
aforesaid on Elizabeth my beloved wife for her life
for her jointure and I also give and devise unto the said Elizabeth
my wife for and during the term of her natural life all after my Freehold and
Copyhold _____ Lands Tenements and Hereditainments whatosoever with therein
Appentences situate lying and being in Wethersfield aforesaid and I do hereby by
virtue and in pursuante of the power and authority to the given or resolved in
and by any deed or writing and of all other powers enabling me in this behalf
give divise limit and appoint all my said Freehold and Copyhold Lands and
Tenements in Wethersfield aforesaid to my son Charles
Fitch his heirs and assigns for ever charged _____
and I do hereby subject and charge all the said devises and appointed premises
from and after the decease of the said Elizabeth Fitch
my wife to and with the payment of the several legacies or sums of money therein
after mentioned (that is to say) to each of my seven children mainly Sarah the
wife of William Walford, Mary
Peers the wife of Thomas Mears, Elizabeth
Fitch, Maria Fitch, William Fitch, Septimus Fitch and Octavus
Fitch the sum of four hundred pounds of lawful money of Great Britain and
I divide the said sevrise sums to be paid within twelve months next after the
decease of her my said wife but without interest for the same in case any of my
said children shall be dead at the time of the said legacies becoming payable
leaving ____ therein I direct that the child or children ____
legacy a sum of which his her or therein Father or Mother would have been
entitled to if living equally to be divided amongst such children if more than
one and if but one therein wholly to be that one at his her or ____
age or ages of Twenty One Years also I give and bequeath unto the said Elizabeth
my wife for her own proper use so with and such part of my Household Goods and
Furniture, Cattle, Cornfarming Stock and Implements of Husbandry as she shall
make choice of not exceeding in value in the whole the sum of two hundred pounds
such value to be ascertained by two indifferent persons one to be chosen by my
said wife and the other by my said son Charles Fitch
and in case such two persons cannot agree then by such kind indifferent person
as they shall appoint and I do hereby give and bequeath my said wife the use but
not the property of all other my personal estate during her life and I do hereby
by virtue of and in persinante of all and ever power and powers authority and
authorities to one given or limited enabling therein this behalf and in exercise
and execution thereof direct limit appoint give and devise all that my ____ or Tenement and Farm called The Place or otherwise together
with all Houses, Outhouses, Edifices, Buildings, Barns, Stables, Yards, Gardens,
Orchards, Lands, Grounds, Meadows, Pastures, Feedings, Tenements and
Hereditaniments there unto becoming as therewith used or enjoyed as part or
parcel thereof with the appentenances situate lying and being in the Parish of
Great Bardfield and Little Bardfield or one therein or in any adjoining Parish
(except Wethersfield) in the said County Late in the Tenure of my son Thomas
Fitch or his Assigns unto my said Son Charles Fitch
his heirs and assigns forever subject ____
and charged and I do hereby subject and charged and I do hereby subject and
charge the same to and with the payment of the sum of Four Hundred of lawful
money of Great Britain to each and everyone of my said seven children mainly Mary
Peers Mears, Sarah Walford, Elizabeth Fitch, Maria Fitch, William Fitch,
Septimus Fitch and Octavus Fitch within
twelve months next after my decease but without interest for this same and I
will and divert that in case default shall be made in payment of the said first
mentioned sums of four hundred pounds or of the said last mentioned sums of four
hundred pounds in any or either of therein when and as the same shall
respectively become due and payable according to the divertive of this my will
it shall and may be lawful to and for my said children or any of therein
respectively or their respective executors administrators or assigns being
unpaid as aforesaid unto all the said divided and appointed promises
respectively charged with the said sums respectively as foresaid or any part
thereof in the names of the whole to enter and the same premises respectively to
hold and enjoy the merits and profits thereof to ____ and to therein own
use and uses until the said sums respectively or such of therein as shall be
unpaid at aforesaid shall be fully paid and satisfied together with all therein
just and ____ charges to be sustained by reason of such default of payment
and as to all the rest and residue of my monies securities
for money Household Goods, Cattle, Cornfarming Stock, Implements and materials
of Husbandry Chattels and personal estate whatsoever not herein before by the
otherwise disposed of (after payment of my just debts allowance changes the
aforesaid legacies the charge of proving this my will and the legacy therein
after given) I give and bequeath the same and the absolute property thereof unto
my said son Charles Fitch for his own proper use
and I do make and appoint the said Elizabeth my
wife and Thomas White of Wethersfield aforesaid
Esquire and my said son Charles Fitch executive and
executors of this my will and I give and bequeath to the said Thomas
White five guineas for his care and trouble in and about the execution of
the same and I also appoint my said wife and the said Thomas
White Guardians of the persons and estates of such of any said Children
as shall be under the age of twenty one years at the time of my decease and my
mind and will is that my said Executors or either of therein executors minors or
assigns or any of therein shall not be changeable with or accountable for any
more of my personal estate though they respectively shall actually receive or
shall come to the hands by virtue of this my will in or with or for any loss
thereof which shall happen without therein wilful default nor any one of therein
for the other or others of therein nor for the ____
deeds receipts or defaults of the other or others of therein but each of
therein only for his her or therein our respective ____ deeds receipts and
defaults and also that it shall maybe lawful to and for my said executors
therein executors and admins and every of therein in the first place by and out
of my personal estate to deduct and reimburse herself himself and themselves
respectively all such loss costs charges damages and expenses as she they or any
of therein shall sustain incur expound or be put unto in the management and
execution of this my will or in anywise relating thereto I witness whereof I
have to this my last will and testament contained in three sheets of paper set
my hand and seal (that is to say) my hand to the two first sheets thereof and to
this kind and last sheet my hand and seal this twenty sixth day of April in the
year of our lord one thousand and eight hundred and eight
Tho
Fitch (Sig) signed sealed and published and by the said Thomas
Fitch the testator as and for his last will and testament in the presence
of us who have at his request in his presence and in the presence of each other
subscribed our names as witness thereto H.G Wade, H.W
Butterfield, H. John Evans