William Hart - Will

[MollyMay]

Further to my post on Jacobus Hart, I now need some help with reading parts of his father's will, (William Hart probate date 19/11/1846 - on Anc. - all 3 pages of it).

This is what I have
...copyhold messuages butcher's shop hereditaments and premises with the appurtenances situate lying and being in the street in Dedham in the County of Essex and now in the occupations of William Wincot Bacon and Daniel Westlay and also all in that my freehold (?measure) with the (? unreadable) (?measure) and appurtenances situate lying and being near the water mill in Dedham aforesaid..........


And also
...hereditaments and premises so as aforesaid devised to my said son William Hart with their and every....... - these words are above 3 lines of squiggles that have been entered to fill what I think must have been a blank space

of their (unreadable word) members and appurtenances unto and to the use of my said son William Hart his heirs and assigns absolutely according to the respective natures and tenures thereof also I give and bequeath unto my said son William Hart all and singular my household goods furniture plate linen (?stock) and implements in (unreadable) and (unreadable) and all the residue of my moneys securities for money boot (?Scots) moneys in the public stocks or funds and all other my personal estate and effects whatsoever and wheresoever and of what nature or kindsoever that I shall be possessed of interested in or entitled unto at the time of my decease to hold the same to him William Hart his executors and administrators absolutely subject to the payment of the interest of four hundred pounds or thereabouts for which interest a bond was given by me previous to and in contemplation of my marriage with Maria my present wife and which I desire shall be in (unreadable) satisfaction and (unreadable) of her (unreadable) free(unreadable) and (unreadable) out of my real and personal estate and for the (unreadable) payment thereof I have charged my estate in which I now reside and I hereby charge my real.....


Any help/corrections gratefully received.

 

[burt]

First missing word is meadow, second is rights. Still looking.

 

[burt]

Third word members.

 

[burt]

Plate, linen, china,stock and implements in trade and business
and ?? of her dower ?freebench and thirds out of my real and
personal estate and for the true payment whereof I

 

[Findem]

Plate, linen, china,stock and implements in trade and business
and ?? of her dower ?freebench and thirds out of my real and
personal estate and for the true payment whereof I

That's how I read that portion, struggling with the rest so I'll have another try later when I have more time.

 

[janetbooth]

"with Maria my present wife which I desire shall be in her satisfaction and bar of her dower freebench? and thirds out of my real and personal estate and for the true payment whereof I have charged my estate in which I now reside and I hereof charge my real and personal estate and effects so as aforesaid given, devised and bequeathed to my said son William Hart with the payment of all the before mentioned legacies and it is my will that my said executor shall not be charged or chargeable with or answerable ......."

I think! Never heard the term freebench though.

Janet

 

[Daft Bat]

Never heard the term freebench though.

"Free bench" is a legal term referring to an ancient manorial custom in parts of England whereby a widow, until she remarried, could retain tenure of her late husband's land.

"Free Bench (Lat. francus bancus). The widow's right to a copyhold. It is not a dower or gift, but a free right independent of the will of the husband. Called bench because, upon acceding to the estate, she becomes a tenant of the manor, and one of the benchers, i.e. persons who sit on the bench occupied by the pares curiæ (Peers of Court)".
The widow of a tenant was usually allowed her free bench, so long as she preserved her chastity. But if any evidence appeared against her, or she declared an intention of remarrying, she had to forfeit her lands.

(Courtesy of Wikipedia)

 

[MollyMay]

Thank you everyone - Freebench was new to me also, and Jan's posting beat me to it (I had to Wiki it, to find out )

 

[janetbooth]

"The fount of all knowledge", that's our Daft Bat - thank you Jan, you learn something new every day! And I should have done what MollyMay did and googled it, but I wanted to get out in the garden whilst the sun was still shining.

Janet