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

 

 

 

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