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Colne Priory Manor Court Rolls (ERO D/DPr27)

30.4.1729 (Wednesday 30 April 1729)

document 36500261

at this court it appeared that Dorothy Elliston widow about the last court died and afterwards that Jn Cox esq 11.12.1728 surrendered all the customary lands and tenements etc which the said Dorothy held for the term of her life to the uses as follows viz memo that whereas at a court baron holden for the said manor on 20.3.1683 Math Elliston senior a customary tenant of the said manor did surrender by the rod into the hands of the then lords of the said manor by the hands of Jn Eldred esq then steward thereof all that customary messuage or cottage and 20a of land more or less with appurtenances called Sandhill and two gardens and two crofts of customary land containing 6a called Wrongs and certain land called Coggs Grove containing 2a and also a parcel of customary land called Priest Land in Earls Colne and all the customary lands tenements etc then of the said Math to the use of Thos Barrington esq Jn Cox esq and Judith Willsby widow and their heirs forever in and upon certain trusts and agreements then suddenly to be declared in certain indentures to be made between the said Math Elliston senior of the one part and the said Thos Barrington Jn Cox and Judith Willsby of the other part and thereupon the said Thos Barrington Jn Cox and Judith Willsby were at the said court admitted accordingly and whereas by indenture dated 20.3.1683 and made between the said parties therein reciting in part the said surrender it is amongst other things mentioned to be thereby agreed and declared between the said parties that the said estate of the said premises limited to the said Thos Barrington etc and their heirs then were and should be upon and under the trusts therein after mentioned that is to say that the said trustees by and with the several consents therein mentioned if they thought fit should sell the said premises and employ the monies raised by such sale towards the discharging of a debt of 1400li for which the said Math Elliston had mortgaged the moiety of a farm called The Grange in Little Coggeshall unto Thos Butler esq and then so much of the said Grange as should be of the yearly value of the said copyhold premises to be settled upon the said trustees upon and under the same trusts as of the said copyhold premises are therein after limited and until such sale and settlement of other lands the rents and profits of the said copyhold premises to be disposed during the life of the said Math Elliston junior then son and heir apparent of the said Math Elliston senior for the benefit of Dorothy Elliston then wife of the said Math Elliston junior and their children in manner as in the said indenture is mentioned and after the death of the said Math Elliston junior then in trust to the said Dorothy for and during her natural life and after her death in trust for the heirs of the body of the said Dorothy by the said Math junior begotten or to be begotten and for want of such issue in trust for the right heirs of the said Math forever as in and by the said indenture and the rolls of the court respectively it more at large appears which said Dorothy Elliston was daughter of the said Judith Wilsby and which said Jn Cox who was nominated one of the three trustees by the said Math senior without the knowledge or privity of the said Jn Cox is now the survivor of the said trustees and which said Math senior died in or about .8.1692 and after the said Math junior his son died about seventeen years since and whereas no sale was thought fit to be made of the said copy premises but the said Dorothy Elliston received the rents thereof until her death which was in .8.last which said Dorothy had issue by the said Math junior four sons and two daughters that is to say Math the eldest son who died about twenty years since without issue and Isaac who died about eighteen years since leaving issue as after mentioned and Jn now of London druggist and Wm who died single about twelve years since and Judith late wife of Edm Colser who died without issue about three years since and Mary who died single about twenty years since and whereas the said Isaac being at the time of his said death eldest son and heir apparent of the body of the said Dorothy by the said Math junior her late husband left issue five daughters that is to say Dorothy now the wife of Thos Sibley (later referred to as Francis) of London dyer and Mary late wife of Isaac Humphrey of Great Coggeshall blacksmith (in Earls Colne manor weaver) which said Mary died about one year since leaving a daughter Mary Humphrey now aged about 3yrs and Judith now wife of Thos Everett of Great Coggeshall weaver Ruth Elliston and Eliz Elliston now both of Great Coggeshall spinsters and whereas upon the said death of the said Dorothy the mother of the said Isaac in or about .8.last the said four daughters of the said Isaac Dorothy Judith Ruth and Eliz and the said Mary Humphreys the infant were intailed in tail to the said copyhold premises now the said Jn Cox in full performance of the said trust in him reposed did upon this 11.12.1728 come before Solomon Grimston gentleman deputy steward of Jn Wale esq chief steward of the said manor at the now dwelling house of the said Jn Cox situate in Great Coggeshall and did by the rod surrender into the hands of the lords by the hands and acceptance of the said deputy steward according to custom etc all the said customary messuage or cottage with 20a of land more or less with appurtenances called Sandhills and two gardens and two crofts of land customary containing by estimation 6a called Wrongs and all the said customary land called Coggs Grove containing 2a and also all the said parcel of customary land called Priestland situate in Earls Colne and all the customary lands and tenements etc of the said Math senior mentioned or intended to be surrendered to the said Thos Barrington etc and their heirs in and by the said surrender of the said Math senior as aforesaid to the several and respective uses herein after mentioned limited and expressed that is to say to the use of Dorothy Sibley wife of Thos Judith Everett wife of Thos Ruth Elliston and Eliz Elliston and of the said Mary Humphreys infant daughter of Mary Humphreys deceased severally and respectively part and sharing alike as tenants in common and not as joint tenants and of the several respective heirs of the several bodies of the said Dorothy Sibley etc lawfully begotten and if any of them shall happen to die without heirs of her or their bodies then as for and concerning the part or parts of her or them so doing in the said premises to the use of every other of them severally and respectively part and share alike as tenants in common and not as joint tenants and of their several heirs etc and for default of such issue to the use of the said Jn Elliston and to the heirs of the body of the said Jn and for default of such issue then to the use of the right heirs of the said Math senior forever according to the custom etc Jn Cox taken and acknowledged the day and year above written both skins being first stamped with 2s3d stamps before me S Grimston deputy steward witness Jas Wheeley upon which here in court came the said Dorothy Sibley Judith Everett Ruth Elliston and Eliz Elliston in person and the said Mary Humphrey by Isaac Humphrey her father and attorney and were admitted etc as tenants in common not joint tenants and to the heirs of their bodies respectively etc and they gave fine etc and because the said Mary is an infant aged 3yrs therefore the said Isaac Humphrey her father was admitted as her guardian etc