John Earthy 1741-1810.
Reuben Earthy 1818-1873 and wife Mary Ann Earthy 1822-1900.
William Earthy 1719-1758.
Thomas Earthy 1775-1847.
 
* indicates 1 ineligible word.** indicates more than 1 ineligible word.
 
The last Will and Testament of John Earthy, 1741-1810.
 
This is the last Will and Testament of me John Earthy of Stowmarket in the county of Suffolk, Farrier, who am in health and of a sound and disposing Mind Memory and Understanding.
* I give * and bequeath unto my dear and loving wife Elizabeth Earthy, All that my freehold and message of tenement with the stable and yards there unto belonging as the same are now fenced out and used and now in my own occupation and also all the houshold goods and implements plate linen and other effects wheresoever and of what kind of nature the same are or be which shall be in my possesion at the time of my decease. To hold to her my said wife for the term of her natural life she keeping the buildings in good and tenantable repair and committing or suffering * of the same. And from and after the decease of my said wife that the said estate and effects here in before mentioned shall be sold to my executors or administrators for the best price or prices that can be or maybe had or are gotten for the same. And the money arising from such sale and disposal of my said estate goods and chattels and other effects I give and * to be divided amoungst all and every son and daughter which shall be living at the time of my said wives decease * this in legal reprensentatives share and share alike as they shall * attain to the age of twenty one years except Thomas Earthy and Maria Earthy my son and daughter who are herein after otherwise provided for are not to receive any part or share of or from the estate and effects afore said. Also I give * and bequeath to my son Thomas Earthy all that my freehold * and tenement yard garden premises now in the occupation of Ann Hoiulett widow * and being in Stowmarket * said in a street called Ipswich Street to have and to hold the said * tenement and premises to him the said Thomas Earthy my son to his heirs and * for ever. He the said Thomas my son paying thereout unto my daughter Maria Earthy at and as soon as she shall attain her age of twenty one years the full sum of twenty pounds of lawful English money without any deduction what so ever. And I do hereby revoke and make void all former and other wills and testaments by me at any time * made and do declare these presents only to be and contain my last will and testament of which said will i do herby nominate constitute and appoint my said dear wife the said Elizabeth Earthy and the said Thomas Earthy and William Baker of Stowmarket aforesaid gentleman executer and executors herof. * wherof I the said John Earthy * have to this my will contained in two sheets of papper set my hand to the first sheet this thertieth day of november in the year of our Lord one thousand eight hundred and one.
 
John Earthy with his seal.
Signed sealed published and declared by the said testator John Earthy as and for his last Will and Testament in the presence of us who who at his request in his presence and in the presence of each other subscribe our names as witnesses * Lockwood, * Lockwood, James Hanton.
Probate of this will was made in ** form before the Rev * Davey ** ** John Thachey Ltd ** 11th Febuary 1813 by the oaths of Elizabeth Earthy and Thomas Earthy two of the exoirs to whom * was granted being * having all right to William Baker the other exoir having died in the life time of the testator.

 
The last Will and Testament of Reuben Earthy. 1818-1873.
 
This is the last Will and Testament of me Reuben Earthy of Stowmarket in the county of Suffolk, Coach builder.
I empower Mary Ann my dear wife to carry on my business of a coach builder, and for that Purpose to continue tenant of the house and premises, which I shall use at my decease or to hire and use any other house and premises and employ my live and dead business stock and such part of my personal estate as she shall think fit, with liberty for her at any time to transfer the business to any son or sons of mine or admit any son or sons of mine to a share thereof and lend to him or them the capitol employed or require to be employed therein or any part thereof upon such security and thereof such terms as she shall think reasonable.
I empower my said wife to manage my personal estate generally in such manner as shall appear to her to be most advantageous to my family with liberty at her discretion either to permit it to continue in the state in which it shall be found at my death or to get in and invest the proceeds in her name upon any securities or at any rate of interest or in the purchase of any real or personal property and to vary the investment when and as she shall think fit (the real property so purchased to be convertible into and treated as personally for all the purposes of my Will)
I give to my said wife all the income of so much of the personal estate to which I shall be entitled at my decease as shall be any wise employed or invested (inclusive of the profits of the said business) and also the use of the residue thereof but charged in life of my sons for the time being under the age of twenty one years and my daughter for the time being under that age not being or having been married in the event of my said wife marrying again.
I henceforth annul the powers and benefits here in before given to her I declare that on the death or marriage of my said wife my personal estate shall rest in the other trustee of my will who shall have the same power and liberty in regard to my business as I have given to my wife by the second clause of my will carrying on the same for the such period as the circumstances of my estate or my family shall in the opinion of my said trustee render it convenient or desirable so to do. I declare that the said trustee shall hold my personal estate from and after the death or marriage of my said wife for all my children equally to be absolutely vested in a sum or sums at the age of twenty one years and in a daughter or daughters at that age or marriage and as to the share or shares or original * of a son or sons dying under that age and of a daughter or daughters dying of that age without having been married in trust for the other or others of my children conformably to the preceding trust with power to the said trustee to apply the whole or part of the income and any part not exceeding one * of the capitol of each childs original and accruing share not absolutely vested for his or hers benefit by way of maintenance advancement or otherwise and the unapplied income of each such share shall be accumulated and the accumulations be deemed an accretion to the same share I appoint my said wife during widowhood and (on her death or if she should marry again then on her marriage) my friend William Prentice the younger son of William Prentice merchant to the office of executer and trustee of my will and guardian of my infant children with full powers to compound and compromise debts and claims and settle my debts and affairs and ** for moneys paid or accounted for to any estate my purchasers or others who shall be exonerated by such receipts from all liability in respect of the application of the money and I declare that as well as my said wife as the other trustee of my will shall be chargeable only to the extent of her or his receipts and be exempt from responsibility for involuntary losses and be entitled to retain all disbursements and expenses incident to the execution of my will In witness whereof I have set my hand this second day of February in the year of our lord One Thousand Eight Hundred and Sixty Four.
Signed by the said testator as and for his last will and testament in the presence of us both, present at the same time who at his request in his presence and in the presence of each other have subscribed and names as witnesses
James Gudgeon. -Senior
George Gudgeon. -junior
Solicitors, Stowmarket.
This is a codicil to the last will and testament of me Reuben Earthy of Stowmarket in the county of Suffolk Coach builder which said will bears date the second day of February one thousand eight hundred and sixty four Whereas by my said will I have appointed my dear wife Mary Ann during widowhood and on her death or if she should marry again then on her marriage my friend William Prentice the younger son of William Prentice merchant to the office of executer and trustee of my will and guardian of my infant children with certain powers as is my said will fully mentioned now I hereby evoke my said will so far as regards the said appointment of the said William the younger to the office of executor and trustee of my said will and guardian of my infant children and in lieu of such appointment I hereby appoint ( on the death or marrying again of my wife) my sons Alfred Earthy and William Earthy and my friend Thomas Dent of Stowmarket afore said grocer to to the office of executers and trustees of my said will and guardians of my infant children and I declare that my said will shall be read and sustained as if the names of the said Alfred Earthy and William Earthy and Thomas Dent was inserted there in the place and instead of the said William Prentice the younger and that all the trusts and powers in and by my said will reposed in and made exercisable by the said William Prentice the younger shall be executed and excisable by the said Alfred Earthy and William Earthy and Thomas Dent but in all other respects I confirm my said will in witness whereof I have set my hand this eight day of February in the year of our Lord One Thousand Eight Hundred and Seventy Three.
Signed by the said testator as and for a codicil to his last will and testament in the presence of us both at the same time who at his request in his presence and in the presence of each other have subscribed our names as witnesses
James Gudgeon.
George Gudgeon.
Solicitors, Stowmarket.
Proved at Bury St Edmonds with a codicil the 25th October 1873 by the oath of Mary Ann Earthy widow the relict the executive for life if she remains a widow named in the will to whom administration was granted.
The testator Reuben Earthy was late of Stowmarket in the County of Suffolk, Coach Builder and died on the 18th day of February 1873 at Stowmarket a fore said 2000.
J & G Gudgeon Solicitors Stowmarket. Certified to be a correct copy.
(The executor and trustee of his will is William Prentice. Reuben's youngest sister Emma married William Prentice in 1852 and on the 1881 census they are living in Ipswich, where William is the Registrar of Births and Deaths.)
 
The last Will and Testament of Mary Ann Earthy 1822-1900.
 
This is the last Will and Testament of me Mary Ann Earthy of Stowmarket in the County of Suffolk (Widow).
I appoint John Inkpen of Stowmarket, aforesaid Collector of Taxes Trustee and Executor of this my Will. I give and devise all that my messuage or tenement with the Show Rooms workshops forges stables storehouses and other outbuildings to the same belonging situate in Tavern Street in Stowmarket aforesaid upon which I now carry on the trade or business of a Coachbuilder unto and to the use of the said John Inkpen upon trust to permit my two sons William Earthy and Samuel Earthy if they shall think fit to join in partnership after my death to have the option of purchasing the same hereditaments and premises at the sum of seven hundred pounds and if my said sons William and Samuel shall become such purchasers the said John Inkpen shall execute all necessary conveyances to them or one of them of the said hereditaments and premises according as they direct but in case either of my said sons William and Samuel shall decline to enter into partnership with the other then I direct that the Son desiring to enter into partnership shall have the option to purchase within three calendar months after my decease the said hereditaments and premises at the said sum of Seven hundred pounds. And if either of my said Sons William and Samuel shall become such purchaser my Trustee shall execute all necessary Conveyances and Assurances as aforesaid to the purchase but if no sale shall be effected as aforesaid then I give and devise the said hereditaments and premises unto the said John Inkpen his heirs and assigns upon trust to sell the same by Public Auction or Private Contract and the money arising therefore I direct shall fall into the residue of my personal estate hereinafter disposed of and I give devise and bequeath all the rest and residue of my real estate and also all my personal estate whatsoever and wheresoever to which I shall be entitled at my decease whether absolute reversionary contingent or otherwise unto and to the use of the said John Inkpen his executors; or administrators upon trust to sell convert and get in the same as soon as conveniently can be after my decease. And I declare that the moneys to arise from or by such sale conversion and getting in of my said real and personal estate as aforesaid and also any money due and owing to me at the time of my decease shall form part of my residuary estate hereinafter disposed of.
And I give and bequeath the residue of my personal estate (including the moneys to arise from the sale of my real estate (if sold) unto my said Executor upon trust in the first place to pay thereout all my debts funeral probate and testamentary expenses and the expenses incident to carrying into execution the trusts of this my Will and after payment thereof upon trust to pay and divide the residue thereof unto between and amongst all and every my children and child (other than and except my eldest son Alfred Earthy who I exclude from any benefit under this my Will) who shall live to attain the age of Twenty One years and if more than one in equal shares absolutely and lastly I hereby revoke and make void all other Wills and Testamentary dispositions by me at any time heretofore made and declare this to be my last Will and Testament.
In Witness whereof I have hereunto set my hand this twelfth day of October one thousand eight hundred and eighty seven.
Signed by the said Mary Ann Earthy the Testatrix as and for her last Will and Testament in the presence of us present at the same time who at her request in her presence and in the presence of each other have hereunto subscribed our names as Witnesses:
John Hayward, solicitor, Stowmarket.
Thomas Aldridge, his Clerk Feb 8.
On the 26th day of March 1901 Probate of this Will was granted at Bury St. Edmunds to John Inkpen, the sole Executor.

 
The last Will and Testament of William Earthy 1719-1758
 
I William Earthy of Little Clacton in the County of Essex Blacksmith being weak in body but of sound and perfect mind and in memory blessed to Almighty God for the same do make this my last will and testament in the manner and form following.
First I give and bequeath unto my eldest son Joseph Earthey his heirs and assigns for ever and the said Joseph Earthy to pay to my youngest son Samuel Earthy the sum eighty pounds of good and lawful money of Great Britain to the said Samuel Earthy when of age.
I also give and bequeath unto my four daughters Elizabeth Earthey and Martha Earthey and also Hannah Earthey and Susannah Earthey the sum of four score pounds apiece when of age.
And lastly as to the rest residue and remainder of my personal estate goods and chattels of what kind and nature soever I give and bequeath the same unto my beloved wife Elizabeth Earthey whom with John Draper I hereby appoint executors of this my last will and testament and hereby revoke of former wills by me made. In witness whereof I have hereunto set my hand and seal the 6th day of August in the year of the Lord one thousand seven hundred and fifty seven.
Witnesses: Stephen Cock, John Draper (mark) Will proved: 14th June 1758.

 
The last Will and Testament of Thomas Earthy 1775-1847
 
This is the last Will and Testament of me Thomas Earthy of Stowmarket in the County of Suffolk, Farrier.
First I hereby revoke and make void all other and former Wills by me made and declare this to be my last and thereof appoint my brother Richard Earthy sole Executor. I give to all my brothers and sisters as joint Tenants the rents and profits of the house and premises I reside in, the premises to be let by my executor and the clear rents and profits to be equally and yearly divided between them until by death only one such brothers or sisters shall remain, all the others surviving, and then I give lease and bequeath unto my last surviving brother or sister his or her heirs and assigns for ever as well the house hereditaments and premises in my occupation in Stowmarket aforesaid as all other my real estate (Freehold and Copyhold) whatsoever and wheresoever and give to my Executor all my personal Estate and effects whatsoever and wheresoever (except my clock which I bequeath to John Bethell Ward, my watch which I give to his son Arthur Ward and my picture of a Dog over the fire which I give to Bethel Ward a brother of the said John Bethel Ward). ** trust to convert such personally into money, thereout pay my just debts and financial expenses, and then divide the residue amongst my said brothers and sisters. In Witness whereof I have hereunto set my hand and seal at Ipswich this twenty seventh day of May one thousand eight hundred and forty four.
Thos. Earthy.
Signed published and declared by the said Testator Thomas Earthey as and for his last Will and Testament in the presence of us who were present at the same time and who have hereunto subscribed our names as Witnesses in the presence of the said Testator at his request and in the presence of each other.
S Beaumont Town Clerk's Office Ipswich Chas. Burton Sol. Ipswich
This Will was proved at Stowmarket on the second day of June 1847 before the Revd. Arthur George Harper Hollingsworth, Clerk ** duly apptd. Of the Worshipl. Charles Evans A.M. Official pral of the Episcl. Consty. Court of Norwich lawfully constd. And was appd. ** and admon of all and ** the Goods etc of the within named Thomas Earthey the Testore decd. was on the twelfth day of the said month of June duly grted. to Richard Earthey his Brother the sole Executor within named he being duly ** ** etc.
Testator died 4th. March 1847 Probate granted 12th. June 1849 ** with the Origl. Will by me E Buller
(In the margin at the beginning: 5 ** Effects ** under #200)