1835 - Joseph DOCWRA of Kelvedon, Essex

Will was written on 17 October 1834
Will was proved on 5 January 1835

This is the last Will and Testament of me Joseph Docwra of Kelvedon in the County of Essex being of sound mind memory and understanding first I do hereby acquit and exonerate from payment all poor persons who shall be respectively indebted to me in any sum or sums not exeeding five pounds and in order to prevent any dispute or misunderstanding as to who shall come under the denomination of poor persons I do leave the decision unimpeachably with my Ex[ecut]ors hereinafter named and I do further acquit and exonerate from payment of rent up to the 29th day of 9th month next after my decease all my tenants occupying Land or Tenements or both in Kelvedon at a rent not exeeding five pounds p[e]r annum

I give to Henry Chaplin ten pounds and I recommend (not positively enjoin) my successors or successor not to advance any of their rents whilst they respectively continue to pay the said rents and to conduct them selves with propiety

I give and bequeath to the respective Treasurers for the time being of the respective benefit Clubs consisting of Labouring men or journeymen tradesmen hold at the Swan Inn or the Star Inn (two at the former and one at the latter Inn) in Kelvedon aforesaid the sum of ten pounds to be applied and laid out for the use of such Clubs in such manner as the respective funds of such Clubs are by their respective rules directed to be laid out

and I do hereby direct my Executors hereinafter named to lay out and divide in such manner and proportions as they may think proper the sum of twenty pounds amongst such poor friends of Coggeshall monthly meeting as do not receive collection and such of that description (as usually attend our meetings not being members)

I give to my sister Patience Messer twenty pounds

I give to Sarah ffincham of Rivenhall ten pounds

I give to Hannah Davey now living with me ten pounds

I give to Robert Scott now residing in one of my Cottages nineteen pounds

I give to James Elliott now in my service nineteen pounds

I give to James Aylen Labourer nineteen pounds

I give to John Larst Labourer fifteen pounds as a mark of my approbation of their conduct whilst in my employ and I do hereby direct that the several Legacies mentioned be paid within six months from the time of my decease or should my executors deem it most to the advantage of all or any of the said Legatees to receive and their respective legacies by instalments weekly or otherwise they are at full liberty to adopt such a course

I do give and devise unto my Nephew Joseph Docwra his heirs executors adm[inistrat]ors and assigns in fee simple all that my freehold and copyhold estate situate in Kelvedon called Greys which I purchased of James Hobbs consisting of a Water Corn Mill Dwellinghouse Barns Stables four Cottages and about twelve acres of arable meadow and pasture land with the appurtes also all that my freehold piece of meadow land called the dams with the rights members and appurtenances thereto belonging and also all that two pieces of freehold arable land called Handy Croft and Town field the first I purchased of Harry Pooley the other of D. W. Harvey and also all that piece of Copyhold Land which I lately purchased of the Executors of the late Joseph Baber and also all my several pieces of Copyhold Land in Brockills meadow and also all my Leasehold Lands called Brockills hold under Lease granted by C. C. Western all situate lying and being in Kelvedon aforesaid subject nevertheless to and I do hereby charge all the said Heredits and Premises with the payment of the following Legacies

viz. to my Nephew Joseph Messer two thousand pounds

to my niece Mary Messer fifteen hundred pounds

and to my niece Rachel Rofling[!] fifteen hundred pounds which said several legacies I desire and direct may be paid within six months next after my decease if convenient to my said Nephew Joseph Docwra but if not my Will is that my said Nephew Joseph Docwra shall have the option of paying off the said Legacies within three years from the expiration of the said six months by Instalments in sums of not less than five hundred pounds each with Interest thereon to be paid half yearly at the rate of four pounds and ten shillings p[e]r annum until the whole of the said Legacies are fully paid and discharged

I give and devise to my Nephew William Docwra his heirs and assigns absolutely all that my freehold pasture field called Angel field with the rights and appurts thereto belonging and now in the occupation of Townsend Revett subject nevertheless to and I do hereby charge the said field with the payment of ten pounds p[e]r annum To Susannah Davey now living with me for and during the term of her natural life the first half yearly payment to be made to her on (or within one month of) the first half yearly time of payment of rent next after my decease

I do give and devise unto my Nephew George Docwra his heirs and assigns absolutely all that my freehold premises occupied by my sister Mary Docwra and William Johnson situate (as well as the foregoing devise) in Kelvedon aforesaid subject nevertheless to and I do hereby charge all the said premises with an annuity or yearly sum of ten pounds to be paid half yearly and commencing in the same manner as directed in the last mentioned bequest to the aforesaid Susannah Davey for and during her natural life and in case of nonpayment thereof from time to time within the space of thirty days next after my same shall become due either in this or the former bequest I do hereby authorize and empower the said Susannah Davey to enter into and upon the said heredits and premises and to distrain for the same as in case of rent in arrear

I do give and devise unto the said Susannah Davey all that my freehold dwellinghouse with the appurts situate in Kelvedon now in the occupation of Joseph Polley and James Challis for and during the term of her natural life and after her decease

I do give and devise the same unto William Matthews son of Jane Matthews residing in Kelvedon his heirs and assigns absolutely

I do give and devise unto my Nephew Joseph Messer his heirs and assigns absolutely all that my freehold and copyhold estate situate in the several Parishes of Ware and Amwell in the County of Hertfordshire and now or late in the several occupations of William Cater Thomas Tween Evander Price James Thake Charles Brown or their undertenants it is nevertheless my wish not injuction that my said Nephew does not part with or dispose thereof otherwise than by Will and

I give and devise unto Alfred Rosling of Hackney Cooper his heirs and assigns absolutely all that my freehold field and premises in Kelvedon which I lately purchased of the Executor of Joseph Revett

I do give and devise unto Joseph Polley of Kelvedon aforesaid Carpenter his heirs and assigns absolutely all those my Copyhold Cottages and Premises situate on Tiptree Heath in the Parish of Messing which I purchased of Thomas Harvey and now in the occupation of him or his undertenants upon condition nevertheless of the said Joseph Polley his heirs and assigns permitting the said Thomas Harvey and his present Wife and the survivor of them occupy for life the whole of the said premises at the yearly rent of five pounds Provided always that in case the said rent of five pounds shall be behind hand or unpaid by the space of forty days after the same shall become due it shall be lawfull for the said Joseph Polley his heirs and assigns to enter upon the said Cottages and Premises and the said Thomas Harvey and his Wife to remove and put out

I do give and bequeath to my nephew Joseph Messer and Joseph Docwra or the survivor of them the sum of four thousand pounds to be paid to them within seven months of my decease and in case this cannot be effected my Will is that the said Legacy of four thousand pounds shall bear Interest from the expiration of the seven months at the rate of four pounds and ten shillings p[e]r cent p[e]r annum up to the time of payment of the same

and as to all the rest and residue of my estate and effects both real and personal except the fixtures in my present Dwellinghouse which I give to my Nephew Joseph Docwra I give and devise and bequeath the whole thereof to my Nieces Mary Messer and Rachel Rosling their heirs executors adm[inistrat]ors and assigns share and share alike

and I do hereby nominate and appoint my friend Charles Allen of Great Coggeshall in the said County of Essex ffarmer my Nephews Joseph Messer and Joseph Docwra Executors of this my last Will and Testament (contained in five sheets of paper) and I do hereby authorize and direct my said Executors from time to time to deduct and retain for themselves respectively by and out of the monies which shall come to their respective hands all such costs charges damages and expences which they or any of them shall be put to in or about the execution of this my Will and further that they or either of them my said Executors their or any of their respective heirs executors or adm[inistrat]ors shall be answerable or accountable for himself or them selves only and respectively and not one of them for the other or others of them but each for himself only and for his own acts and defaults and that they or any of them shall be charged or recharged with or for his such sum or sums of money only as shall actually come to his or their respective hands by virtue of this my Will notwithstanding their joining in any receipt or other act for the sake of conformity only or for the greater satisfaction only of the person or persons paying the same and that they or any of them shall not be answerable for any loss which my happen in placing out or depositing the same in any Bank or Bankers hands or elsewhere for safe custody save only and except such loss shall happen or be occasioned by or through their or his wilful default or neglect

And whereas I have agreed with James Brewer that he should become possessed of that piece of Copyhold Land lying at Gore pit in the parish of ffeering now in the occupation of Corolin Everett on condition of paying two hundred pounds with lawful Interest thereof and all expences and outgoings arising from quitrents surrender from John Horolet Brewer and my admission or any other expences connected therewith but should the said James Brewer object to comply with the said terms then my will and devise is and I do hereby direct that the said piece of Copyhold Land be sold for the best price that can be obtained and the net produce thereof added to my Personal Property and should the produce exceed my demand the emplus to be paid to James Brewer

And lastly I do hereby revoke all former Wills by me at any time made and do declare this to be my last Will and Testament

In Witness whereof I have hereunto set my hand and seal this seventeenth day of tenth month eighteen hundred and thirty four

Jos. Docwra (L S)

signed sealed published and declared by the said Testator Joseph Docwra 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 hereunto set our names as Witnesses the words Church Street in third sheet having been first erased
Rob[er]t Hayward - T. Revett, Kelvedon Butcher - Eliz[abe]th Kendall, Kelvedon.//

Proved at London 5th Jan[uar]y 1835 before the Worshipful Jesse Addams Dr. of Laws and Surrogate by Charles Allen and Joseph Messer the Nephew two of the Executors to whom adm[inistrati]on was granted having first made a solemn and sincere declaration or affirmation according to act of parliament duly to administer Power received of making the like Grant to Joseph Docwra the Nephew also the other Executor when he shall apply for the same.

[Note in the margin:] The said Joseph Docwra the Nephew the other Executor renounced the Probate and Execution of the said Will Sept[embe]r 1836.

PRO, catalogue reference: PCC Prob/11/1841, will of Joseph Docwra of Kelvedon, Essex, (proved) 5 January 1835 (dated 17 October 1834).

Transcription by Odd Ottesen, Kristiansand, Norway, 22 October 2003.