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John Earthy 1741-1810.
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Reuben Earthy
1818-1873 and wife Mary Ann Earthy 1822-1900.
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William Earthy
1719-1758.
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Thomas Earthy
1775-1847.
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*
indicates 1 ineligible word.** indicates more than 1 ineligible word.
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The
last Will and Testament of John Earthy, 1741-1810.
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| This is the last Will
and Testament of me John Earthy of Stowmarket in the county of Suffolk,
Farrier, who am in health and of a sound and disposing Mind Memory and
Understanding. |
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| * I give * and bequeath
unto my dear and loving wife Elizabeth Earthy, All that my freehold and
message of tenement with the stable and yards there unto belonging as
the same are now fenced out and used and now in my own occupation and
also all the houshold goods and implements plate linen and other effects
wheresoever and of what kind of nature the same are or be which shall
be in my possesion at the time of my decease. To hold to her my said wife
for the term of her natural life she keeping the buildings in good and
tenantable repair and committing or suffering * of the same. And from
and after the decease of my said wife that the said estate and effects
here in before mentioned shall be sold to my executors or administrators
for the best price or prices that can be or maybe had or are gotten for
the same. And the money arising from such sale and disposal of my said
estate goods and chattels and other effects I give and * to be divided
amoungst all and every son and daughter which shall be living at the time
of my said wives decease * this in legal reprensentatives share and share
alike as they shall * attain to the age of twenty one years except Thomas
Earthy and Maria Earthy my son and daughter who are herein after otherwise
provided for are not to receive any part or share of or from the estate
and effects afore said. Also I give * and bequeath to my son Thomas Earthy
all that my freehold * and tenement yard garden premises now in the occupation
of Ann Hoiulett widow * and being in Stowmarket * said in a street called
Ipswich Street to have and to hold the said * tenement and premises to
him the said Thomas Earthy my son to his heirs and * for ever. He the
said Thomas my son paying thereout unto my daughter Maria Earthy at and
as soon as she shall attain her age of twenty one years the full sum of
twenty pounds of lawful English money without any deduction what so ever.
And I do hereby revoke and make void all former and other wills and testaments
by me at any time * made and do declare these presents only to be and
contain my last will and testament of which said will i do herby nominate
constitute and appoint my said dear wife the said Elizabeth Earthy and
the said Thomas Earthy and William Baker of Stowmarket aforesaid gentleman
executer and executors herof. * wherof I the said John Earthy * have to
this my will contained in two sheets of papper set my hand to the first
sheet this thertieth day of november in the year of our Lord one thousand
eight hundred and one. |
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| John Earthy with his
seal. |
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Signed sealed published
and declared by the said testator John Earthy as and for his last Will
and Testament in the presence of us who who at his request in his presence
and in the presence of each other subscribe our names as witnesses * Lockwood,
* Lockwood, James Hanton.
Probate of this will was made in ** form before the Rev * Davey ** **
John Thachey Ltd ** 11th Febuary 1813 by the oaths of Elizabeth Earthy
and Thomas Earthy two of the exoirs to whom * was granted being * having
all right to William Baker the other exoir having died in the life time
of the testator. |
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The
last Will and Testament of Reuben Earthy. 1818-1873.
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| This is the last Will
and Testament of me Reuben Earthy of Stowmarket in the county of Suffolk,
Coach builder. |
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| I empower Mary Ann my
dear wife to carry on my business of a coach builder, and for that Purpose
to continue tenant of the house and premises, which I shall use at my
decease or to hire and use any other house and premises and employ my
live and dead business stock and such part of my personal estate as she
shall think fit, with liberty for her at any time to transfer the business
to any son or sons of mine or admit any son or sons of mine to a share
thereof and lend to him or them the capitol employed or require to be
employed therein or any part thereof upon such security and thereof such
terms as she shall think reasonable. |
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| I empower my said wife
to manage my personal estate generally in such manner as shall appear
to her to be most advantageous to my family with liberty at her discretion
either to permit it to continue in the state in which it shall be found
at my death or to get in and invest the proceeds in her name upon any
securities or at any rate of interest or in the purchase of any real or
personal property and to vary the investment when and as she shall think
fit (the real property so purchased to be convertible into and treated
as personally for all the purposes of my Will) |
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| I give to my said wife
all the income of so much of the personal estate to which I shall be entitled
at my decease as shall be any wise employed or invested (inclusive of
the profits of the said business) and also the use of the residue thereof
but charged in life of my sons for the time being under the age of twenty
one years and my daughter for the time being under that age not being
or having been married in the event of my said wife marrying again. |
| I henceforth annul the
powers and benefits here in before given to her I declare that on the
death or marriage of my said wife my personal estate shall rest in the
other trustee of my will who shall have the same power and liberty in
regard to my business as I have given to my wife by the second clause
of my will carrying on the same for the such period as the circumstances
of my estate or my family shall in the opinion of my said trustee render
it convenient or desirable so to do. I declare that the said trustee shall
hold my personal estate from and after the death or marriage of my said
wife for all my children equally to be absolutely vested in a sum or sums
at the age of twenty one years and in a daughter or daughters at that
age or marriage and as to the share or shares or original * of a son or
sons dying under that age and of a daughter or daughters dying of that
age without having been married in trust for the other or others of my
children conformably to the preceding trust with power to the said trustee
to apply the whole or part of the income and any part not exceeding one
* of the capitol of each childs original and accruing share not absolutely
vested for his or hers benefit by way of maintenance advancement or otherwise
and the unapplied income of each such share shall be accumulated and the
accumulations be deemed an accretion to the same share I appoint my said
wife during widowhood and (on her death or if she should marry again then
on her marriage) my friend William Prentice the younger son of William
Prentice merchant to the office of executer and trustee of my will and
guardian of my infant children with full powers to compound and compromise
debts and claims and settle my debts and affairs and ** for moneys paid
or accounted for to any estate my purchasers or others who shall be exonerated
by such receipts from all liability in respect of the application of the
money and I declare that as well as my said wife as the other trustee
of my will shall be chargeable only to the extent of her or his receipts
and be exempt from responsibility for involuntary losses and be entitled
to retain all disbursements and expenses incident to the execution of
my will In witness whereof I have set my hand this second day of February
in the year of our lord One Thousand Eight Hundred and Sixty Four. |
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| Signed by the said testator
as and for his last will and testament in the presence of us both, present
at the same time who at his request in his presence and in the presence
of each other have subscribed and names as witnesses |
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James Gudgeon. -Senior
George Gudgeon. -junior
Solicitors, Stowmarket. |
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| This is a codicil to
the last will and testament of me Reuben Earthy of Stowmarket in the county
of Suffolk Coach builder which said will bears date the second day of
February one thousand eight hundred and sixty four Whereas by my said
will I have appointed my dear wife Mary Ann during widowhood and on her
death or if she should marry again then on her marriage my friend William
Prentice the younger son of William Prentice merchant to the office of
executer and trustee of my will and guardian of my infant children with
certain powers as is my said will fully mentioned now I hereby evoke my
said will so far as regards the said appointment of the said William the
younger to the office of executor and trustee of my said will and guardian
of my infant children and in lieu of such appointment I hereby appoint
( on the death or marrying again of my wife) my sons Alfred Earthy and
William Earthy and my friend Thomas Dent of Stowmarket afore said grocer
to to the office of executers and trustees of my said will and guardians
of my infant children and I declare that my said will shall be read and
sustained as if the names of the said Alfred Earthy and William Earthy
and Thomas Dent was inserted there in the place and instead of the said
William Prentice the younger and that all the trusts and powers in and
by my said will reposed in and made exercisable by the said William Prentice
the younger shall be executed and excisable by the said Alfred Earthy
and William Earthy and Thomas Dent but in all other respects I confirm
my said will in witness whereof I have set my hand this eight day of February
in the year of our Lord One Thousand Eight Hundred and Seventy Three. |
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| Signed by the said testator
as and for a codicil to his last will and testament in the presence of
us both at the same time who at his request in his presence and in the
presence of each other have subscribed our names as witnesses |
James Gudgeon.
George Gudgeon.
Solicitors, Stowmarket.
Proved at Bury St Edmonds with a codicil the 25th October 1873 by the
oath of Mary Ann Earthy widow the relict the executive for life if she
remains a widow named in the will to whom administration was granted.
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The testator Reuben
Earthy was late of Stowmarket in the County of Suffolk, Coach Builder
and died on the 18th day of February 1873 at Stowmarket a fore said £2000.
J & G Gudgeon Solicitors Stowmarket. Certified to be a correct copy. |
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| (The executor and
trustee of his will is William Prentice. Reuben's youngest sister Emma
married William Prentice in 1852 and on the 1881 census they are living
in Ipswich, where William is the Registrar of Births and Deaths.) |
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The
last Will and Testament of Mary Ann Earthy 1822-1900.
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| This is the last Will
and Testament of me Mary Ann Earthy of Stowmarket in the County of Suffolk
(Widow). |
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| I appoint John Inkpen
of Stowmarket, aforesaid Collector of Taxes Trustee and Executor of this
my Will. I give and devise all that my messuage or tenement with the Show
Rooms workshops forges stables storehouses and other outbuildings to the
same belonging situate in Tavern Street in Stowmarket aforesaid upon which
I now carry on the trade or business of a Coachbuilder unto and to the
use of the said John Inkpen upon trust to permit my two sons William Earthy
and Samuel Earthy if they shall think fit to join in partnership after
my death to have the option of purchasing the same hereditaments and premises
at the sum of seven hundred pounds and if my said sons William and Samuel
shall become such purchasers the said John Inkpen shall execute all necessary
conveyances to them or one of them of the said hereditaments and premises
according as they direct but in case either of my said sons William and
Samuel shall decline to enter into partnership with the other then I direct
that the Son desiring to enter into partnership shall have the option
to purchase within three calendar months after my decease the said hereditaments
and premises at the said sum of Seven hundred pounds. And if either of
my said Sons William and Samuel shall become such purchaser my Trustee
shall execute all necessary Conveyances and Assurances as aforesaid to
the purchase but if no sale shall be effected as aforesaid then I give
and devise the said hereditaments and premises unto the said John Inkpen
his heirs and assigns upon trust to sell the same by Public Auction or
Private Contract and the money arising therefore I direct shall fall into
the residue of my personal estate hereinafter disposed of and I give devise
and bequeath all the rest and residue of my real estate and also all my
personal estate whatsoever and wheresoever to which I shall be entitled
at my decease whether absolute reversionary contingent or otherwise unto
and to the use of the said John Inkpen his executors; or administrators
upon trust to sell convert and get in the same as soon as conveniently
can be after my decease. And I declare that the moneys to arise from or
by such sale conversion and getting in of my said real and personal estate
as aforesaid and also any money due and owing to me at the time of my
decease shall form part of my residuary estate hereinafter disposed of.
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| And I give and bequeath
the residue of my personal estate (including the moneys to arise from
the sale of my real estate (if sold) unto my said Executor upon trust
in the first place to pay thereout all my debts funeral probate and testamentary
expenses and the expenses incident to carrying into execution the trusts
of this my Will and after payment thereof upon trust to pay and divide
the residue thereof unto between and amongst all and every my children
and child (other than and except my eldest son Alfred Earthy who I exclude
from any benefit under this my Will) who shall live to attain the age
of Twenty One years and if more than one in equal shares absolutely and
lastly I hereby revoke and make void all other Wills and Testamentary
dispositions by me at any time heretofore made and declare this to be
my last Will and Testament. |
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| In Witness whereof I
have hereunto set my hand this twelfth day of October one thousand eight
hundred and eighty seven. |
| Signed by the said Mary
Ann Earthy the Testatrix as and for her last Will and Testament in the
presence of us present at the same time who at her request in her presence
and in the presence of each other have hereunto subscribed our names as
Witnesses: |
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| John Hayward, solicitor,
Stowmarket. |
| Thomas Aldridge, his
Clerk Feb 8. |
| On the 26th day of March
1901 Probate of this Will was granted at Bury St. Edmunds to John Inkpen,
the sole Executor. |
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The
last Will and Testament of William Earthy 1719-1758
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| I William Earthy of
Little Clacton in the County of Essex Blacksmith being weak in body but
of sound and perfect mind and in memory blessed to Almighty God for the
same do make this my last will and testament in the manner and form following.
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| First I give and bequeath
unto my eldest son Joseph Earthey his heirs and assigns for ever and the
said Joseph Earthy to pay to my youngest son Samuel Earthy the sum eighty
pounds of good and lawful money of Great Britain to the said Samuel Earthy
when of age. |
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| I also give and bequeath
unto my four daughters Elizabeth Earthey and Martha Earthey and also Hannah
Earthey and Susannah Earthey the sum of four score pounds apiece when
of age. |
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| And lastly as to the
rest residue and remainder of my personal estate goods and chattels of
what kind and nature soever I give and bequeath the same unto my beloved
wife Elizabeth Earthey whom with John Draper I hereby appoint executors
of this my last will and testament and hereby revoke of former wills by
me made. In witness whereof I have hereunto set my hand and seal the 6th
day of August in the year of the Lord one thousand seven hundred and fifty
seven. |
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| Witnesses: Stephen Cock,
John Draper (mark) Will proved: 14th June 1758. |
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The
last Will and Testament of Thomas Earthy 1775-1847
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| This is the last Will
and Testament of me Thomas Earthy of Stowmarket in the County of Suffolk,
Farrier. |
| First I hereby revoke
and make void all other and former Wills by me made and declare this to
be my last and thereof appoint my brother Richard Earthy sole Executor.
I give to all my brothers and sisters as joint Tenants the rents and profits
of the house and premises I reside in, the premises to be let by my executor
and the clear rents and profits to be equally and yearly divided between
them until by death only one such brothers or sisters shall remain, all
the others surviving, and then I give lease and bequeath unto my last
surviving brother or sister his or her heirs and assigns for ever as well
the house hereditaments and premises in my occupation in Stowmarket aforesaid
as all other my real estate (Freehold and Copyhold) whatsoever and wheresoever
and give to my Executor all my personal Estate and effects whatsoever
and wheresoever (except my clock which I bequeath to John Bethell Ward,
my watch which I give to his son Arthur Ward and my picture of a Dog over
the fire which I give to Bethel Ward a brother of the said John Bethel
Ward). ** trust to convert such personally into money, thereout pay my
just debts and financial expenses, and then divide the residue amongst
my said brothers and sisters. In Witness whereof I have hereunto set my
hand and seal at Ipswich this twenty seventh day of May one thousand eight
hundred and forty four. |
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| Thos. Earthy. |
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| Signed published and
declared by the said Testator Thomas Earthey as and for his last Will
and Testament in the presence of us who were present at the same time
and who have hereunto subscribed our names as Witnesses in the presence
of the said Testator at his request and in the presence of each other. |
| S Beaumont Town Clerk's
Office Ipswich Chas. Burton Sol. Ipswich |
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| This Will was proved
at Stowmarket on the second day of June 1847 before the Revd. Arthur George
Harper Hollingsworth, Clerk ** duly apptd. Of the Worshipl. Charles Evans
A.M. Official pral of the Episcl. Consty. Court of Norwich lawfully constd.
And was appd. ** and admon of all and ** the Goods etc of the within named
Thomas Earthey the Testore decd. was on the twelfth day of the said month
of June duly grted. to Richard Earthey his Brother the sole Executor within
named he being duly ** ** etc. |
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| Testator died 4th. March
1847 Probate granted 12th. June 1849 ** with the Origl. Will by me E Buller |
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| (In the margin at
the beginning: 5 ** Effects ** under #200) |
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