In the Name of God Amen I Thomas Mallery of Rushden in the County of Northampton yeoman (being sick & infirm of Body) but (thanks be to God) of a sound & disposing mind & memory Do this Eleventh Day of February in the year of our Lord one Thousand Seven hundred & Fourty three make this my last will & Testament in the Manner following that is to say first my will is & I do hereby direct that all my just Debts funeral Expences be justly paid & Discharged also I give & devise all that my Messuage or Tenement where in I now Dwell with the yard orchard & Ground & Appurtenances thereunto adjoyning & belonging & also the Orchard & pightle on the other side of the lane & near to the Messuage or Tenement with the appurtenances all which said premises are standing Lying & being in Rushden aforesaid & are now in my possession or occupation unto my loving Wife Ann for & during the term of her natural life & from & after her decease then to & for such use & behoofs intents & purposes as my loving Brother Samuel Malery shall by his last will & Testament in writing or any writing or writings by him duly executed & by any Surrender or Surrenders by him duly made & passed according to the customs of the Manor of Rushden in the said County of Northampton nominate direct & appoint & for want of such nomination direction & appointment & until such nomination direction & appointment then to the use & behoof of my said Brother Samuel Mallery for & during the term of his natural life & from & after his decease then unto John Gobby of Rushden aforesaid yeoman & John Achurch of the same yeoman their heirs & assignes in trust nevertheless as is hereafter expressed Also I give & bequeath unto my said loving Wife Ann Ten pounds to be paid her imediately after my decease Also I give & bequeath unto my Brother Wm Mallery the sum of one pound ten shillings Also I give to my Brother John Mallery of Wellingborow in the said County of Northampton the sum of Ten pounds to be paid within twelve months next after my decease Also I give unto my cosin Henry Darling son of my nephew Henry Darling & unto my nephews Robert Darling & Thomas Darling & unto my neice Hannah Drage wife of John Drage the sum of one pound & one shilling each to be paid to them within one year next after my Decease also I give unto my neice Mary Lamb wife of Henry Lamb the sum of five pounds to be paid to her in Manner following that is to say the sum of Ten Shillings yearly & every year untill the said five pounds shall be paid to her & the first payment of the said ten shillings to be paid to her at the end of twelve Months after my Decease Also I give & Devise all that my messuage or Tenement Situate Standing & being in the North end of Rushden aforesaid in a Street or place there now or sometime called Duck Street with the Appurtenances thereunto belonging & now or late in the Tenure or Occupation of Wm Mayl his assigne or Assignes unto my said neice Mary Lamb her heirs & Assignes forever Also I give unto my said loving Wife all my household Goods & furniture in the house wherein I now dwell & also one cow half of my hog now in feeding three sheep a Load of Bushes to be cut on scholey hill in Rushden aforesaid and also a Load of faggots Also I give & Devise all that my Messuage or Tenement now or late in the tenure or occupation of Mary Eliott widow her Assignee or Assignes & also the orchard & close of pasture or enclosed ground thereto adjoyning & belonging with their & every of their Rights members hereditaments & Appurtenances which said Messuage or Tenement Orchard and close of pasture or enclosed ground are situate lying & being in Rushden aforesaid in a certain plase there called Northend & was heretofore or reputed to have been sometime heretofore the Estate of one Waples or called Waples Estate or purchased or had of & from one Waples and also all those my six Roods of Land (more or less) with their Appurtenances in Rushden aforesaid & heretofore or reputed to have been sometime heretofore one Waples Land or called Waples Land or purchased or had of and from one Waples unto my said loving Brother Samuel Mallery for & during the term of his natural life & from & after his decease then unto my neice Margaret Mallery Daughter of my said Brother Samuel Malery her heirs & assignes forever Also I give & Devise unto my said loving Wife for & during the term of her natural life one Annuity or Yearly rent Charge of Twelve pounds to be issuing out of & charged & chargeable upon all the my Messuages or Tenements with the Appurtenances in Rushden aforesaid in a place there called the Northend & now or late in the tenure or occupation of John Gobby & Thomas Palmer or one of them or the Assigne or assignes undertenant or undertenants of them or one of them and also all those my Thirteen Acres of Freehold lands in Rushden aforesaid (more or less) and four Swathes of Meadow Ground (more or less in Rushden aforesaid) and also all those my Seventy nine Acres & one Rood of copyhold & Bondhold Arable land & ley Ground (be the same more or less in Rushden aforesaid and also all those my Twenty three swathes and one half of Meadow Ground in Rushden aforesaid & one lamb* and an half in Rushden aforesaid in a place their called Eany (be the same more or less) & also all other my Freehold copyhold & Bondhold Messuages Cottages Closes Lands Tenements & hereditaments with their & every of their appurtenances in Rushden aforesaid or elsewhere & not herein before by me disposed of together with all the rights members hereditaments & appurtenances to the same Messuage or Tenement the same thirteen acres of Freehold Land the same four Swathes of Meadow Ground the same seventy nine Acres & one Rood of copyhold & Bondhold arable Lands & Ley Ground the same Twenty three Swathes & an half of Meadow Ground the same one lamb* & an half in Eany the same other Freehold copyhold & Bondhold Messuages Cottages Closes Lands Tenements & hereditaments and to be paid unto her my said Wife Ann yearly & every year during her natural life by two half yearly payments that is to say the feast of St. Michael the Archangel & the feast of the Annunciation of the Blessed Virgin Mary by even & equal payments & the first payment thereof to be made on the first of the same feasts or days of payment as shall next happen after my Decease and my will is & I do hereby Direct that all the same annually and every part thereof shall be as aforesaid paid without any deduction or abatement thereof or there out to be made of or for any Taxes Charges payments or thing or things whatsoever and my will is & I do hereby that in case all or any part of the said annuity or Yearly rent charges shall be behind & unpaid by the space of fourty Days after any of the said feasts or days of payment whereon the same ought to be paid as aforesaid the same being by her or her attorney lawfully demanded it shall & may be lawfull to for my said Wife into & upon the said premises so chargeable with the said Annuity or Yearly Rent Charge as aforesaid to enter & destrain & the Distress & Distresses then & there found to bad drive carry away deteyn & keep & also to appraise & get appraised sell & despose of & apply in such sort Manner & form as the Law in Case of Distress for rent or arrears of rent does Direct appoint & provide to & for the satisfying & paying of the Said Annuity or yearly rent & all arrears thereof that shall be then so behind & unpaid & also all lawfull & reasonable charges of souch distrayning
& distraynings keeping Detaining appraising & selling & untill the same shall be fully satisfyed contented & payd & my will further is & I do hereby direct that in case at any time or times the said Annuity or Yearly Rent charge or any part thereof shall be behind & unpaid by the space of fourty Days after any of the said feasts or Days of payment whereon the same ought to be paid or shall become payable as aforesaid & no Distress or Distresses can be found & had wherewith the said Annuity or Rent Charge & all arrears thereof then so behind & unpaid and all lawful and reasonable charge of such distrayning & distrainings for the same may be paid then & from thenceforth from time to time & at all times it shall & may be lawful to & for my said Wife & her assignes into & upon all & singular the same premises with their appurtenances or any of them & every or any part or parts thereof to enter the same to hold use occupy possess & enjoy & Receive & take the rents issues prophets thereof to her & their own uses until thereout & thereby the said Annuity or Yearly rent of Twelve pounds & all arrears thereof then so behind & unpaid & all reasonable charges of such entry shall be fully satisfied contented & paid also (my same Messuage or Tenement my same thirteen acres of Freehold land my same four swathes of Meadow Ground my same seventy nine acres & one Rood of Coppyhold & Bondhold Arable Land & Ley Ground my same Twenty thre swathes & an half of Meadow Ground my same one Lamb & an half in Eany & my same other freehold copyhold & Bondhold Messuages cottages Closes Lands Tenements & hereditaments with their and every of their appurtenances (being charged & chargeable & subject & Lyable as aforesaid) I do hereby Give & devise the same to my said Brother Samuel Mallery for & during the term of his natural life & from & after his decease then to and for such uses behoofs intents & purposes as the said Samuel Mallery shall by his last will & Testament in writing or by any other writing or writings under his hand & seal by him Duly made & executed or by any surrender or surrenders by him Duly made & passed shall nominate declare direct & appoint & for want of such nomination declaration direction & appointment to the use & behoofs of the said John Gobby & John Achurch their heirs & Assignes forever in trust nevertheless as is hereinafter Expresed Also I give & bequeath unto my said Brother Samuel Mallery all the rest & residue of my Goods Chattles personal Estate whatsoever & wheresoever & I do hereby make constitute appoint the said John Gobby & John Achurch or the survivor of them or the heirs Executors & Administrators of such survivance shall convey surrender & assure all the said premises with their appurtenances & also the said Goods Chattles & personal Estate or so much thereof shall & remain in their or either of their hands Custody or power to dispose of by vertue of those presents and the heirs of the Body of my said nephew Samuel Mallery lawfully begotten or to be begotten & for want issue I do then unto my niece Margaret Mallery her heirs & Executors Administrators & Assigns & my will further is & I do hereby direct that in case my said wife shall claym any dower or thirds of or in any of my freehold lands Tenements & hereditaments other than that I have here before given unto her that then & in such case or cases all & whatsoever I have herein before given & divised or given & bequeathed unto my said Wife shall go & be to the person or persons who shall be Damnifyed by her so clayming as aforesaid anything herein consined to the contrary thereof not withstanding & provided nevertheless & my will is & I do hereby Direct that neither the said John Gobby & John Achurch their Execators Administrators Assigns shall be any way or ways Accountable or Chargeable for any more of the aforesaid Goods Chattles personnal Estate & Interest Rents & profits that shall actually come to his her or their several & respective hands & that none of them shall be any way or ways accountable or chargeable for any of the Accounts Receipts Misapplications Actings or Neglects of the other of them anything herein contained to & contrayry thereof any use notwithstanding In witness whereof I have hereunto set my hand and seal the day here first above written