Colne Priory Manor Court Rolls (ERO D/DPr24)

16.10.1673 (Thursday 16 October 1673)

document 35501416

at this court it was testified by the steward and was shown by the homage that on 13.3.last Robt Abbott customary tenant of this manor surrendered by the rod into the hands of the lord by the hands of his steward one messuage or customary tenement with garden adjoining and two crofts of land containing by estimation 2a more or less situated the street called Church St in Earls Colne in the tenure or occupation of the aforesaid Robt to the uses intentions and proposals and upon the provisions and conditions here set down viz to the use of the aforesaid Robt Abbott for and during the term of his natural life and after his decease to the use of Edw Abbott senior nephew (nepos) of the aforesaid Robt for and during the term of his natural life and after his decease to the use of Edw Abbott junior son of the aforesaid Edw for and during the term of his natural life and after his decease and of the longer liver to the use of the first son of the body of the aforesaid Edw the son legitimately procreated and the heirs and assigns of the body of the same said first son legitimately procreated and in default of such issue to the use of the second third and all and singular the other son or sons of the body of the said Edw Abbott the son legitimately procreated separately and in succession and in remainder thus to the same said son and his individual most senior and eldest and first born and separately and respectively to the heir male of the body and bodies all and singular of his now son and his son's issue thus that the eldest born of his now sons and the heirs male of his body should always be preferred and should have the premises before the later born sons of his now sons and the heirs male of heir bodies and in default of such issue to the use of Thos Abbott another son of the aforesaid Edw Abbott senior for and during the term of his natural life and after his decease to the use of the first son of the body of the aforesaid Thos legitimately procreated and the heirs male of the same said first born son legitimately procreated and in default of such issue to the use of the second third and all and singular other son or sons of the body of the said Thos Abbott legitimately procreated separately successively and in remainder thus to the same said son and his individual most senior and eldest and first born and separately and respectively to the heir male of the body or bodies all and singular of his now son and his sons issue thus the eldest born of his now son and the heirs male of his body should always be preferred and should have the premises before the later born sons of his now son and the heirs male of their bodies and in default of such issue to the use of Hen Abbott another nephew of the said Robt and the heirs of the aforesaid Hen forever provided always and upon condition that the aforesaid Hen Abbott his heirs and assigns within six months after the said messuage and other premises devolve to him or are in his possession well and truly pay or cause to be paid to all and singular male or (in english: female children and grandchildren) of the aforesaid Edw Abbott senior alive at the time when the premises devolves to the aforesaid Hen and his heirs in possession as before mentioned and to their executors and administrators at or in the aforesaid messuage one half of the true and full value of the premises such as could be sold at that time amongst his now children and grandchildren to be equally divided and if the aforesaid Hen his heirs or assigns should make default in payment according to the true intention and aforesaid condition that then one half of the messuage and aforesaid premises should be to the use and behoof of all and singular the children and grandchildren of the aforesaid Edw Abbott senior and his heirs and assigns until the aforesaid Hen his heirs or assigns should well and truly pay the aforesaid half of the full value of the premises as it is and after which payment to the same said according to the true intention of the aforesaid condition or the legal obligations to the same (in english: the tender thereof) that then the aforesaid half of the premises allotted to the aforesaid children and grandchildren shall be to the use and behoof of the aforesaid Hen Abbott his heirs and assigns forever and because the aforesaid Robt w as admitted by the lord previously etc therefore by the grace of the lord the admission of his brother (sic error for nephew) was respited until etc