This is the last Will and Testament of me John Hatley of Upper Seymour Street West in the County of Middlesex, Esquire, a Captain in the Royal Navy. I direct my debts, funeral and testamentary Expences and the pecuniary legacies hereby bequeathed and which I may bequeath by any Codicil to this my Will, to be paid out of my personal estate and if it shall prove deficient I charge all my Real Estate with the deficiency but I direct that my real property at Maidstone in Kent shall be first resorted to to supply the deficiency.
I devise my Messuage or tenement and farm with the lands and hereditaments thereunto belonging, containing One hundred and eighteen acres one rood and fifteen perches or thereabouts (more or less) situate in the Parish of Somerton ? in the County of Suffolk to my Cousin, Right Honorable John Hookham Frere and his Assigns for his life without Impeachment of Waste, and with power to let the same for any term of years not exceeding twenty one years in possession, at the best Rent that can be obtained for the same without taking any first, and from and after his decease I devise the same to my cousin the Reverend Temple Frere of Roydon in Norfolk, Clerk, his heirs and Assigns, but if he shall die in my lifetime then subject as aforesaid I devise the same to all his Children living at my death in equal shares as tenants in common, and to their respective heirs and Assigns, Provided always and I do hereby declare that the said John Hookham Frere shall be at liberty to purchase the reversion of the said Messuage Farm and lands for the sum of two thousand pounds on signifying his intention to do so within twelve calendar months after my death and in that case on payment of the said sum of two thousand pounds to the said Temple Frere (if living), and if he shall have departed this life to his Personal Representative or Representatives (whose receipt shall be a sufficient discharge for the same) the said Messuage, farm and lands shall be and remain to the use of the said John Hookham Frere, his heirs and Assigns or to such other uses as he shall direct, and the said two thousand pounds if it shall be payable to the Personal Representative or Representatives of the said Temple Frere, shall belong to the person or persons who would have been entitled to the said hereditaments if the said John Hookham Frere had not elected to purchase, the same and has departed this life, and if infants shall be interested therein the said Sum shall be laid out in the public Stocks or funds or an Endowment or real securities which shall and may be varied as occasion shall require and the income thereof shall be applicable towards their maintenance and Education.
I devise my Messuage, tenement and Farm with the lands and hereditaments thereto belonging, containing one hundred and sixty eight Acres two roods and five perches or thereabouts, situate in the Parishes of Shudy Camps, Haverhill and Withersfield in the Counties of Cambridge and Suffolk to my Cousin James Hatley Frere Esquire, his heirs and Assigns. And if he shall die in my life time I devise the same to all his children living at my death in equal shares as tenants in common and to their respective heirs and Assigns, provided always, And I do hereby declare that the said John Hookham Frere shall be at liberty to purchase the said last mentioned Farm and Hereditaments for the sum of four thousand pounds to the said James Hatley Frere if living, and if he shall have departed this life, to his personal Representative or Representatives (whose receipt shall be a sufficient discharge for the same) the said last mentioned farm hereditaments shall be and remain to the use of the said John Hookham Frere his heirs, & Assigns or to such other users as he shall direct. And the said sum of four thousand pounds, if it shall be payable to the personal Representative or Representatives of the said James Hatley Frere shall belong to the person or persons who would have been entitled to the said last mentioned hereditaments if the said John Hookham Frere had not elected to purchase the same, and if Infants shall be interested therein the said sum of four thousand pounds shall be laid out in the public stocks or funds or on Government or real securities which shall and may be varied as occasion shall require and the interest thereof shall be applicable towards their maintenance and education.
I bequeath the following legacies /////// To my Cousins Edward Frere, William Frere, Bart….. Frere, Jane Orde and Susanna Frere - one hundred pounds each. And I devise and bequeath all the residue and remainder of my real and personal Estate and Effects which shall remain after payment of Debts, Funeral and Testamentory expences and legacies unto my Cousin George Frere his heirs, Executors, Admors and Assigns.
And I appoint him the executor of this my Will, but if he shall die in my lifetime, I devise the said //////// of my real and Personal estate to the oldest son of the said George Frere living at my decease if of age to be my Executor and whom in that case I appoint my Executor accordingly, and in case the said George Frere shall die in my life time without leaving any son of age to be my Executor, then I devise that the said residue of my real and personal estate to the said James Hatley Frere and Temple Frere, their heirs, Executors, Admors and Assigns in equal shares as tenants in common, or if eiother of them shall also die in my lifetime then the whole to the Survivor of them, and in the same event I appoint the said James Hatley Frere and Temple Frere Executors of this my Will.
I devise and bequeath to the said George Frere his heirs, Executors, Admors and Assigns, all Estates vested in me upon any Trusts or by way of Mortgage and in case of his death in my life time I devise all such Trust and mortgaged Estates to the said James Hatley Frere and temple Frere their heirs, Exors, Admors and Assigns as joint tenants.
In Witness whereof I have to this my last will and testament contained in four sheets of paper set my hand and seal, that is to say at the bottom of each of the three preceeding sheets I have subscribed my name, and to this fourth and last sheet I have subscribed my name and affixed my seal, this twenty third day of March in the year of our Lord One thousand Eight hundred and twenty four John Hatley.
Signed, sealed, published and declared by the said John Hatley 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 hereunto subscribed our names as Witnesses
Rob. Walker Lincolns In Fields Nichs. Walters Trin. Coll. Cambridge Thomas Fawne Clk to Mr Walters.
This is a Codicil to the Will of me John Hatley, late of Upper Seymour Street West in the County of Middlesex, but now of Dover in the County of Kent, Esquire, a captain in the Royal navy, my said Will bearing date the twenty third day of March one thousand eight hundred and twenty four, I bequeath to my faithful servant David McRaw (?) the yearly sum of twenty pounds during his natural life and a proportion money to the day of his decease, Ten Pounds part thereof to be charged upon and payable out of my farm at * Shudy Camps which by my said Will is devised to my Cousin James Hatley Frere. And in all other respects I confirm my said Will.
Witness my hand and seal this thirteenth day of Sept. 13th one thousand eight hundred and thirty. John Hatley
Signed, sealed , published and declared by the said John Hatley the Testator as and for a Codicil to 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 subscribed our Names as Witnesses
B.W.Page of Ipswich, Suffolk. Henry P. Brushet of Dover, Kent Jno. Pembroke of Dover, Kent.
Proved at London with a Codicil the 14th January 1833 before the Worshipful John Danbury, Dr. of Laws and Surrogate by the oath of George Frere Esqr. the sole Exor. To whom Admon. was granted having been first sworn duly to Administer.
* The original will contains notes in the margin relating to this property, but the writing is to small to be legible.
Public Record Office reference no. PROB 11 / 1810
Transcribed by Cliff Thornton, March 2005.