Date of Will: 11 February 1819
Proved on 16 September 1819 at the Prerogative Court of Canterbury

 










In the Name of God Amen
I JOHN HARVEY of Ickwell Bury in the County of Bedford Esquire being by the blessing of Almighty God in perfect enjoyment of health and strength both of body and mind but duly considering the sudden and inforeseen interruptions to all earthly blessings and that we mortals know not what a day may bring forth do make and ordain this my last Will and Testament in manner and form following that is to say I charge and make chargeable all my Manors Messuages Farms Lands Tenements Hereditaments and real Estate (except the Advowson of the Rectory of Finningley hereinafter mentioned) with the payment of all my just debts funeral and testamentary expenses and the Legacies hereby or by any Codicil or Codicils hereto bequeathed in exoneration of such part of my personal estate as is hereby exempted or intended to be exempted from the payment thereof and in aid of the residue of my said personal Estate 

And I give and devise unto my dear and beloved Wife SUSANNAH HARVEY and her Heirs all my Advowson Donation Collation right of Patronage presentation and free disposition of in and to the Rectory and Parish Church of Finningley in the County of Nottingham upon the Trusts and for the intents and purposes hereinafter mentioned expressed and declared concerning the same that is to say Upon Trust that she my said Wife and her Heirs shall and do nominate and present my Cousin JOHN HARVEY Clerk in case he shall be then living and capable of holding the same to the Diocesan for the time being or to the competent Judge in that behalf to be admitted instituted and inducted to the aforesaid Rectory and Parish Church upon the first vacancy which shall happen therein next after my decease (or before in case such vacancy shall not have been filled up) and Upon further Trust that in case the said JOHN HARVEY Clerk shall not be then living or he shall decline or be incapable of holding the same or having been presented thereto then when and as the said Rectory and Parish Church of Finningley shall become vacant by the death cession resignation or otherwise of the said JOHN HARVEY Clerk to nominate and appoint such one of my Sons as shall first take upon himself holy orders and become capable and qualified to hold a living as Incumbent thereof according to the Rites and ceremonies of the Church of England to the Diocesan or other competent Judge in that behalf to be admitted instituted and inducted to the said Rectory and Parish Church provided always and upon further Trust that in case the said Rectory and Parish Church of Finningley shall become vacant by the death cession resignation of otherwise of the present incumbent thereof and the said JOHN HARVEY Clerk shall not be then living or not capable or desirous of being presented thereto or in case of his having been presented to the same then upon any subsequent vacancy by the death cession resignation or otherwise of the said JOHN HARVEY Clerk or of any other Incumbent thereof after his death cession or resignation thereof before any of my sons shall become qualified and capable to hold the same then and so often as the case shall happen that she my said Wife or her Heirs by and shall nominate and present in manner before mentioned to be admitted to the said Rectory and Parish Church as and so often as the same shall from time to time become vacant some other fit and proper person who in the judgement of my said Wife or her Heirs shall be duly qualified and capable to hold the same provided always that such Person so to be nominated and presented to the said Rectory and Parish Church as last aforesaid shall before or at the time of his being so nominated and presented give as full security as by Law he can and as my said Wife and her Heirs shall reasonably require to surrender and resign the said Rectory and Parish Church when and as soon as any one of my said Sons shall be capable and qualified to hold the same and shall express his desire in writing to be admitted and presented thereto and upon such vacancy of the said Rectory and Parish Church as last aforesaid my said Wife or her Heirs shall nominate and present such Son thereto And subject to such Presentations as aforesaid and when and as soon as the same shall have taken effect or have become incapable of taking effect upon further Trust to convey and assign the aforesaid Advowson Rectory and Parish Church of Finningley aforesaid unto and to the use of the Person or Persons who shall then be entitled to the residue of my Manors Messuages Farms Lands and Hereditaments under or by virtue of this my Will which shall not be sold under the power or authority hereinafter contained for such  Estate or Estates Interest or Interests as he she or they respectively shall be entitled thereto in possession reversion or remainder under or by virtue of the limitations hereinafter expressed or contained concerning the same and in case such part of my personal Estate as is not hereby exonerated from the payment of my Debts and funeral and testamentary expenses and Legacies as aforesaid shall not be sufficient to pay and discharge all such part of my Debts and funeral and testamentary expenses and the several Legacies hereinafter or by any Codicil or Codicils hereto by me given and bequeathed then and in such case I hereby direct authorise and empower my said Wife and my dear Daughter SUSAN HARVEY and the survivor of them her Executors or Administrators by sale or Mortgage of a sufficient part or parts of my Messuages Lands Tenements Heredits and real estates in the City of London and in the Counties of Middlesex York Nottingham and Lincoln and in the Parish of Southill in the said County of Bedford or in any or either of them (except my Manors and my Mansion House Estate Woods and Grounds called Finningley Park and the Lands thereto adjoining lying on each side of the Road from the Park Gates to the Village of Finningley bounded on the west by the running water planting south by Austerfield Liberty East by Misson liberty and north by the long Hedge which separates my private Property from the Glebe and the occupation Road to the [Moys] as far as Turbots Road at the back of the aforesaid Village of Finningley at the bottom of the south Field to levy and raise so much Money as together with my personal Estate not hereby exonerated from the payment of my Debts funeral and testamentary expenses and the several Legacies or sums of Money which are hereby by me given or bequeathed or which I may in any Codicil or Codicils to this my Will hereafter give or bequeath and to pay and apply the same in or towards the payment thereof accordingly and I also direct authorise and empower my said Wife and Daughter and the survivor of them her Executors and Administrators to direct limit appoint convey and assure the Messuages and other Hereditaments which shall be sold or mortgaged by virtue of the said power to the purchaser or mortgagee thereof [            ] absolutely or by way of Mortgage in Fee or for a Term of years as the case may require and I declare that all such Conveyances and Assurances shall be good and sufficient in the Law for the purposes thereby expressed or intended and for facilitating the aforesaid sale or sales Mortgage or Mortgages I direct and delcare that the Receipt or Receipts of my said Wife and Daughter or of the survivor of them her Executors or Administrators under their or her hands or hand shall be a good and sufficient discharge and good and sufficient discharges to the purchaser or purchasers Mortgagee or Mortgagees respectively of all or any part or parts of my Estates hereby authorised or directed to be sold or mortgaged for his her or their purchase or Mortgage Money or Monies or so much thereof respectively as in such Receipt or Receipts shall be expressed or acknowledged to be received and that after the payment of such money or Monies and the giving of such Receipt or Receipts the purchaser or purchasers Mortgagee or Mortgagees of my said Estates so directed to be sold or mortgaged aforesaid shall not be answerable or accountable for the application misapplication or nonapplication of such purchase or Mortgage Money or Monies or any parts or parts thereof respectively or be obliged or liable to see to the application thereof or of any part or parts thereof and further that it shall not be incumbent upon or necessary for the purchaser or purchasers mortgagee or mortgagees of all or any part or parts of my said Estates so directed or authorised to be sold or mortgaged as aforesaid to see or take care that no further or greater part of the same Estates and Premises are sold than will be sufficient for the purposes hereinbefore in that behalf mentioned nor shall any sale mortgage or Conveyance thereof be impeached or impeachable on that account either in law or Equity and my Will is that in case it shall be necessary or expedient to sell a greater part of my said Estates hereby directed and authorised to be sold than will be necessary for paying and satisfying the several charges aforesaid that it shall and may be lawful to and for my said Wife and Daughter and the survivor of them her Executors or Administrators so to do and to pay apply and dispose of the residue or surplus Money which shall be raised by such sale or sales in manner following that is to say in case the same shall not exceed the sum of Two hundred Pounds to pay and apply the said sum of two hundred Pounds in or towards repairing the Messuages and other Buildings on or belonging to the residue of my estates herein after devised and in case the same shall exceed the sum of Two hundred Pounds to lay out and invest the whole of such residue or surplus Money in the purchase of some other freehold or Copyhold Manors Lands and Hereditaments of inheritance to be situate as near to some of my other Estates hereinafter devised as the same can be procured and to convey settle and assure or cause and procure to be conveyed settled and assured the said Manors Lands and Hereditaments so to be purchased to such and the same person and persons and with and subject to such and the same powers and provisoes and charged and chargeable with such yearly sum of Money as are hereinafter expressed and declared of and concerning my Manors and other Hereditaments hereinafter mentioned and given and devised and my Will further is that until the said residue or surplus [Money] to be raised by sale as aforesaid shall be disposed of in purchasing such other Estates as are hereinbefore mentioned the same shall be placed out in some of the Parliamentary Stocks or funds of Great Britain or at Interest upon Real or Government Securities in the names of my said Wife and Daughter or in the name of the survivor of them her Executors or Administrators and that the Interest Dividends and annual proceeds thereof shall go and be paid to such Person or Persons and be applied to and for such uses intents and purposes and such manner as the Rents Issues and profits of the Manors Messuages Lands Tenements and Hereditaments to be purchased therewith would go and be payable or applicable unto in case such purchase or purchases and Settlement and Assurance aforesaid were then actually made And I do hereby ratify and confirm and give and devise unto my said dear wife and her Assigns for her life the provision made or expressed and intended to be made for her in and by the settlement made by me previous to our Marriage and I give and devise unto my said dear wife and her Assigns for and during the Term of her natural life if she shall so long continue my Widow and unmarried one further clear annual sum or yearly Rent of one thousand Pounds of lawful british Money over and above the annual sum or yearly Rent charge limited to or settled upon her by the Settlement made previous to and in contemplation of our marriage to be charged upon and issuing and payable out of all and singular my Manors Advowson Messuages Farms Lands Tithes Tenements and hereditaments whatsoever in the several Counties of Middlesex Bedford York Nottingham and Lincoln and elsewhere in Great Britain which I have power to charge or dispose of or so much of them as shall not be sold for the purposes aforesaid and subject to any Mortgage or Mortgages which shall be made thereof or of any part thereof pursuant to the aforesaid power and to be paid at the Common Dining Hall of Lincolns Inn in the said County of Middlesex by four even or equal payments on the twenty fifth day of March the twenty fourth day of June the twenty ninth day of September and the twenty fifth day of December in each and every year between the hours of two and four of the Clock in the afternoon of the same days respectively and so in proportion for any less time than a quarter of a year during which the same shall be payable without any deduction or abatement whatsoever to be made out of the same or any part thereof for or in respect of any Rates Taxes charges assessments or other imposition whatsoever already Taxed charged assessed or imposed or hereafter to be taxed charged assessed or imposed upon the said Manors and other Hereditaments charged with the payment thereof or upon any part thereof or upon my said dear wife or her Assigns or any other person or persons on account of the same by virtue of any Law or custom now existing or which may hereafter be made or take effect or on any other account whatsoever the first quarterly payment of the said annual sum or yearly Rent to be made on such of the said days of payment as shall happen next after my decease and I do hereby will direct and declare that when and so often as any quarterly payment of the said annual sum or yearly Rent of one thousand Pounds or any part of such quarterly payment shall be behind and unpaid by the space of twenty one days next after the same shall become due and payable as aforesaid then and in such case and so often as as it shall so happen it shall and may be lawful for my said wife and her Assigns to enter into and distrain upon all or any part of the said Manors Lands Tenements and Hereditaments hereby charged with the payment thereof and the Distresses and Distresses then and there found to dispose of according to Law as in the case of Rents reserved upon common demises or leases for years to the intent that thereby or therewith or otherwise all arrears of the said annual sum or yearly Rent of One thousand Pounds and all costs charges and expenses occasioned by the nonpayment thereof at the time or times aforesaid may be fully paid and satisfied and my will further is and I do hereby direct and declare that in case any quarterly payment of the said annual sum or yearly Rent of one thousand Pounds or any part of such quarterly payment shall be unpaid by the space of forty days next after the same shall have become due and payable as aforesaid then and so often from time to time (although no legal demand shall have been made therefor of the arrears thereof) it shall and may be lawful to and for my said wife or her Assigns to enter into and upon and To hold all or any part of my said Manors Lands Tenements and Hereditaments hereby charged with the payment thereof as aforesaid and to receive and take the rents issues and profits thereof to and for her and their own use and benefit until she or they shall be [with and out] of the same or otherwise be fully paid and satisfied all arrears of the said annual sum or yearly rent charge of one thousand Pounds which shall be due at the time of such Entry and all such payments as shall afterwards accrue or become due during the time of her or their being in possession of the same Hereditaments by virtue of this present power together with all costs charges and expenses which she or they shall sustain or be put unto by reason of the nonpayment of the aforesaid annual sum at the time or times aforesaid and I do hereby declare that the said annual sum or yearly Rent of one thousand Pounds by me hereinbefore given to my said Wife and her Assigns during her life in case she continues my widow as aforesaid and the provision made for her in and by our marriage Settlement and also the several bequests herein made to her are intended to be and shall be accepted and taken by her in lieu [for] recompence and satisfaction of all Dower and [thirds] right and title of Dower and thirds which she might claim or be entitled to in or out of any Manors Messuages Farms lands Tithes Tenements and Hereditaments of which I have been or may be seized at any time during the Coverture betwixt us of any Estate of Interest to which Dower or thirds or other customary Estate of that nature are is or may be incident and subject and chargeable as herein before mentioned and expressed  I give and devise all and singular my Manors Advowsons Messuages Farms Lands Tithes Tenements Heredits and real Estate whatsoever and wheresoever in Great Britain both freehold and Leasehold with their and every of their Rights [                        ] and Appurtenances or so many and such parts thereof as shall not be sold under the power and for the purposes aforesaid and also subject to any Mortgage or Mortgages which may be made thereof or any part thereof pursuant to the power and for the purposes aforesaid unto my present only Son JOHN HARVEY his Heirs and Assigns for ever and I give and bequeath the use and occupation of all the household Furniture Plate Linen China Books Pictures fire Arms brewing Utensils and Vessells and other Utensils and things which shall be in and about my Mansion House at Ickwell Bury aforesaid and used in the occupation and enjoyment thereof at the time of my decease unto my said Wife until my said Son JOHN or some other Son of our Marriage shall attain the age of twenty one years in case my said wife shall continue to live in and occupy my said House and Premises which I request she may be permitted and entreat her to do but I hereby direct that the said household furniture Plate Linen China Books Pictures and the several other matters and things last hereinbefore mentioned shall not be removed from or out of my said Houses and Premises and when my said Son JOHN or any other my eldest Son by my said wife for the time being shall attain the age of twenty one years or die before leaving issue of his body then living I give and bequeath all the aforesaid household furniture Plate Linen China Books Pictures fire Arms and other household matters and things in and about my said House (except wine Ale Beer spirituous and other Liquors Coals and other fuel) unto my said son JOHN or such other of my son who shall first attain the age of twenty one years or die before leaving issue of his body lawfully begotten behind him then I give and bequeath the same furniture Plate Linen China Books Pictures and other household stuff matters and things except as aforesaid unto all my said Daughters equally to be divided between or among them share and share alike and I give and bequeath unto my said Wife for her own absolute use and benefit all the Household Furniture Plate Linen China Books Pictures and fire Arms which shall be in about or belonging to my House out Houses and Premises at Finningley Part in the said County of York at the time of my decease and in about or belonging to any other House and Premises in the Parishes of Finningley aforesaid and Blythe in the said County of York which I may then have or keep for my occasional residence and all my Watches Jewells Trinkets Carriages (except Carts and Waggons riding and Coach Horses and the Harness and Furniture thereof and all my Stock of Wine Ale Beer spirituous and other Liquors fuel and other consumable stuff which shall be in or about all or any of my Mansion Houses or places of residence at the time of my decease and I do hereby will direct and declare that no part of the Household furniture Place Linen China Books Pictures and other household matters and things which shall be in or belonging to any of my said House or any of the articles matters or things hereby given to my said Wife shall be subject or liable to the payment of my Debts funeral and testamentary expenses and Legacies but shall be wholly freed exempted exonerated and discharged therefrom and from every part thereof respectively and I give and bequeath unto my said wife the sum of one thousand Pounds of lawful British Money to be paid to her within six Months next after my decease and I give and bequeath unto all my Children that shall be living at the time of my decease or afterwards born alive (except an oldest or only Son who shall for the time being be intitled to the Manors and other Hereditaments hereby devised under any of the devises or limitations herein contained) the sum of five thousand five hundred Pounds each or apiece of like British money over and besides the provision made for them respectively by the said Settlement made provisions to and in contemplation of my Marriage with my said dear wife to be paid to them respectively within one year next after my decease together with Interest for the same at the rate of four Pounds per cent per annum from the time of my decease And I give and bequeath to my Brother in law WILLIAM ASTELL Esquire and SARAH his Wife and my Sister twenty Guineas each to purchase any token in remembrance of me they may think proper which I will to them as a testimony of my love and respect and I give to such other of my Relations and friends as my said wife shall think proper a Ring each not exceeding the value of Two Guineas apiece And I give and bequeath to such of my household Servants as shall have lived with me two years or more next before my decease and shall then be living with me five Pounds each and to my Labourers then in my service twenty shillings each over and above their wages respectively and as for and concerning all and singular the residue and remainder of my Monies Securities for Money Goods Cattle Chattels and personal Estate (not hereinbefore otherwise bequeathed or disposed of and so exonerated as aforesaid) after payment thereout of all my Debts funeral and testamentary expenses and the Legacies hereby given or hereafter to be given by me as aforesaid I give and bequeath  the same unto all my Children whether Sons or Daughters except an eldest or only Son so for the time being intitled as aforesaid which shall be living at the time of my decease or afterwards born alive equally to be divided between or among them share and share alike And I do hereby nominate constitute and appoint my said dear wife and Daughter SUSAN Executrixes of this my Will and they and the survivor of them Guardians and Guardian of such of my Children as shall be under the age of twenty one years at the time of my decease during their respective minorities Provided always and I do hereby will and declare that my said Executrixes or either of them their or either of their Executors or Administrators shall not be charged or chargeable with or accountable for any more Monies Goods Chattels and personal Estate than they shall respectively actually receive or which shall come to their respective hands under or by virtue of this my Will or the Trusts thereof nor for any loss which shall or may happen to the same or any part thereof by placing the same monies out at Interest upon real or Government Security or in the parliamentary Stocks or funds of Great Britain or by lodging the same in the hands of any Banker or other Person for safe custody only or in any other manner without their respective wilful default or neglect nor the one of them for the other of them or for the Acts Deeds defaults or neglects of the other of them but each of them for herself and her own Acts deeds defaults and neglects only their joining in Receipts for the sake of conformity only notwithstanding and [further] that it shall and may be lawful for my said Executrixes respectively and their respective Executors and Administrators by and out of the Monies which shall come to their respective hands under and by virtue of this my Will or the Trusts thereof to retain to deduct and reimburse themselves respectively and to pay or allow to the other of them all such loss costs charges damages and expenses as they shall respectively sustain expend or be put unto for or by reason or means of the Trusts hereby reposed in them or in the management execution or defence thereof or in anywise relating thereto or to this my Will And I do hereby further will and declare that it shall and may be lawful for my said Executrixes and the survivor of them and the Executors Administrators and Assigns of such survivor to pay any Debts claimed from me upon any evidence they or she shall think proper to admit and to adjust and settle compromise and compound all accounts [            ] claims and demands whatsoever depending between me and any other Person or Persons at the time of my decease and to accept and take any composition or compositions for or in full of any Debt or Debts sum or sums of Money due to me they may think proper And lastly I do hereby revoke and make void all former and other Wills and Codicils by me made and declare this to be my last Will and Testament  In Witness whereof I the said JOHN HARVEY have to this my last Will and Testament contained in thirteen sheets of paper set my hand and Seal that is to say my hand to the first twelve sheets thereof and my hand and seal to this last sheet thereof this eleventh day of February in the year of our Lord one thousand eight hundred and nineteen – J HARVEY – Signed sealed published and declared by the said JOHN HARVEY the Testator as and for his last Will and Testament in the presence of us who at his request and in his presence and in the presence of each other have hereunto subscribed our names as Witnesses thereto – ISAAC HINDLEYK O ROEWM STOCKON – all of Baldock, Herts 

Proved at London 16th September 1819 before the Judge by the Oath of SUSANNAH HARVEY Widow the Relict one of the Executrixes to whom Admon was granted having been first sworn duly to administer Power reserved to SUSAN HARVEY Spinster the Daughter the other Executrix