This is the last Will and Testament of me Benjamin Earle of Itchen Stoke in the County of Southampton Yeoman First I give and bequeath unto my wife Sarah all and singular my Household Goods and furniture plate linen and china to and for her own use and benefit And I give and devise unto my son Benjamin all and every my Messuages Cottages Closes Lands Tenements and Hereditaments with their Appurtenances situate lying and being in the parish of Cheriton in the said County to hold to him his heirs Executors and Administrators according to the respective natures and tenures thereof and to for and at his own use benefit and disposal subject nevertheless and I do hereby charge the same Estates and every part thereof with the payment of one Annuity or clear yearly sum of one hundred pounds hereinafter given and bequeathed to my wife Sarah during her natural life and I also charge the same with the payment of the three several sums of five hundred pounds hereinafter bequeathed to each of my three other sons William Thomas and Henry And I give and bequeath unto my said wife Sarah and her assigns one annuity or clear yearly sum of one hundred pounds for and during the term of her natural life the same annuity to be issuing and payable out of the Estates hereinbefore given and devised unto my son Benjamin and to be payable half yearly that is to say on the sixth day of April and the eleventh day of October the first half yearly thereof to be made on both of the said days as shall first happen next after my decease And I do will and direct that in case the said annuity or any part thereof shall be behind or unpaid by the space of thirty days next after any of the said days of payment whereon the same shall become due and ought to be paid as aforesaid then it shall be lawful for my said Wife to enter into and upon the Messuages Cottages Closes Lands Tenements and Hereditaments hereinbefore devised to my said Son Benjamin or any part thereof and to distrain for the said Annuity or so with thereof as may be then in arrears and the distress or distresses then and there found to take and dispose of in the same manner as in cases of distress for non payment of rent in arrear until the said Annuity and all arrears thereof and all expenses incurred by the non payment of the same shall be fully paid and discharged And I give and bequeath unto each of my three Sons William Thomas and Henry the sum of five hundred pounds apiece to be paid to them by my said Son Benjamin out of the Estate before devised to him at the expiration of twelve calendar months from the decease of my Wife Sarah And I give and bequeath unto my Son William all that my Capital Messuage or Dwellinghouse with the Shops Warehouses Yard garden and Appurtenances thereto belonging situate in the High Street of the City of Winchester and now in the occupation of William Benn And also all that Messuage or Tenement at the back or South side of the same as the same is now in the occupation of John Nos Godwin to hold to him my said Son William his heirs and Assigns for ever And I give and bequeath unto my Sons Thomas and Henry the sum of four thousand pounds apiece for their own use and benefit to be paid to them as soon as conveniently may be after my decease but within the space of twelve calendar months And I give and bequeath unto my said Wife Sarah the sum of Eight hundred and forty pounds and the produce thereof now standing in the new four Per Cents in her name for her own use and benefit And I also will and direct that a sufficient sum of money be appropriated and set apart from my apart from my residuary Estate and invested on good Government or other Security to the Satisfaction of my said Wife in order to provide for the payment of another Annuity of One Hundred Pounds to her during her life which Sum of money I direct shall be placed out and invested in the names of my three sons William Thomas and Henry and I give the same last mentioned Annuity of One Hundred Pounds to my said Wife during her life to be paid her by equal half yearly payments and after her decease the principal sum so to be set apart for the purposes aforesaid to sink into and form part of my residuary Estate and go and be applied as my residuary Estate is hereinafter directed And I hereby declare that the provision made by me for my said Wife by this my Will shall be taken and accepted by her in lieu her and complete satisfaction of and for all dower or thirds at the Common Law which she may be entitled to claim of or in any Messuages Lands tenements or hereditaments which I now am or may be hereafter seized of or entitled to And I give devise and bequeath unto and equally between my three Sons William Thomas and Henry all the rest residue and remainder of my real and personal Estate whatsoever and wheresoever as well legal as equitable to hold to them their heirs Executors Admons and Assigns as tenants in common absolutely for ever Subject to the payment of all my just debts funeral and testamentary Expenses And I nominate and appoint my four Sons Benjamin William Thomas and Henry joint Executors of this my Will revoking all former Wills by me before made do declare this only to be and remain my last Will and testament In witness whereof I the said Benjamin Earle the testator have to this my last Will and testament contained in three sheets of paper set my hand to the first two sheets hereof and my hand and Seal to this third and last Sheet hereof this twenty third day of June in the year of our Lord One Thousand eight hundred and twenty four Benjm. Earle (Seal) Signed Sealed published and declared by the said Benjamin Earle the testator as and for his last Will and testament in the presence of use who in his presence at his request and in the presence of each other have hereunto subscribed our names as Witnesses William Morley of Arlesford Carpenter William Hide of Old Arlesford Carpenter The X or mark William Stride Servant to Mr. Earle./ Proved at London 31st December 1825 before the Judge by the oaths of William Henry Earle (in the Will written William) Thomas Earle and Henry Earle the sons the surviving Executors to whom Admon. was granted having been first Sworn by Commissioners duly to Administer Public Record Office Cat. Ref: PROB 11/1706