Earls Colne Manor Court Rolls (ERO D/DPr79)

2.1.1667 (Wednesday 2 January 1667)

document 39501026

Prudence Hutton parcel of Rushfield in remainderat a court here held 23.7.1634 Hen Hutton senior took for himself and his heirs one messuage or cottage called Rushfield with the yard and garden pertaining to the said messuage or cottage with appurtenances situated in Earls Colne now at this court it was shown by the homage that after the last general court viz 13.7.1664 the said Hen Hutton surrendered into the hands of the lord by the hands of Robt Potter instead of the bailiff and in the presence of Wm Adams and Jn Clarke two customary tenants of the said manor the same testifying etc the said messuage or tenement in which the said Hen then was living with the rooms yards gardens and appurtenances pertaining to the said messuage or cottage to the wishes and uses of his last will and testament and that afterwards and before this court the said Hen died seised thereof upon which came here into court Ann Hutton widow late wife of the said Hen by Thos Fuller in the part of her attorney and deputy and Robt Hutton son of Guy Hutton deceased son of the said Hen and Prudence Fuller now wife of the said Thos and one of the daughters of the said Guy in person and they came and showed here in court the last will and testament of the said Hen in writing bearing the date 6.5.1662 and proved before Thos Exton doctor of law and as the official Jn Hanslty ma the secretary for the office of records for Colchester on 2.3.1665 the tenor of which concerning the premises in the following English words first of all I give and bequeath to Ann my well beloved wife all my copyhold messuage or tenement in Earls Colne wherein I now dwell held of the manor of Earls Colne with the yard and garden plot thereunto belonging abutting upon the king's highway leading from Earls Colne towards Much Tey on the part towards the south west and upon Rushfield being late parcel of the same and now the land of Rich Harlakenden esq lord of the manor towards the east and south and upon the lands now in the tenure and occupation of Jn Garrard and sometime of Robt Abbott towards the north for and during the full term of her natural life if she shall keep herself widow so long and after her death I do give and bequeath the kitchen and chamber over the same and all that parcel of ground or garden plot lying between the land now in the occupation of the said Jn Garrard towards the north and the said kitchen end from the middle part of the chimney to be divided all along the way into the said highway leading from Earls Colne to Much Tey unto Robt the son of Guy Hutton of Earls Colne aforesaid husbandman deceased my grandchild and to the heir or heirs of his body lawfully begotten or to be begotten and for want of such issue I do give and bequeath the said garden plot with the appurtenances unto Ann Hutton the younger sister of the said Robt and to her heirs and assigns forever item I do give and bequeath unto Prudence the eldest daughter of the said Guy Hutton my grandchild and to the heir or heirs of her body lawfully begotten or to be begotten forever all the other part of the said messuage or tenement yard and garden plot with the appurtenances upon condition the said Prudence her heirs or assigns shall pay to Hen Hutton the eldest son of Guy Hutton her brother the full sum of 5li of good and lawful money of England within six months next ensuing after the death of the said Ann my wife and also I will and my true intent and meaning is that if the said Prudence shall depart out of this life without issue of her body lawfully begotten as aforesaid that then I give and bequeath all that part of the said messuage yard and garden plot with the appurtenances unto Mary Hutton her sister and to her heirs forever she paying unto the said Hen Hutton the same 5li which her sister should have done if she had lived to enjoy the same according as by the testament and the said last will it is clearly shown upon which came into court the said Ann by the said Thos Fuller in the part of her attorney and deputy and sought admittance for herself as tenant of the lord for the said messuage and other premises in the said form bequeathed to whom the same said Ann by the hands of her attorney and deputy the lord by the said steward granted and delivered seisin thereof by the rod to have and to hold the said messuage and other premises to the said Ann for her lifetime as long as she shall live from the lord by the rod at the will of the lord according to the custom of the said manor by the rents services and customs thereunto belonging and by right accustomed and she gave to the lord her fine and the said Robt present in court sought admittance to the remainder to the said little cottage and the rooms and the other premises thus bequeathed to him in the said form to whom the lord by the said steward granted and delivered seisin thereof by the rod to have and to hold the said premises bequeathed to him with appurtenances to the said Robt and the heirs of his body legitimately procreated from the lord by the rod at the will of the lord according to the custom of the said manor by the rents services and customs thereunto belonging and by right accustomed when the said remainder shall fall into possession and he gave to the lord his fine and the said Prudence now wife of the said Thos Fuller present in court sought admittance to the remainder of all that part of the said messuage tenement yard and garden with appurtenances thus in the said form it was bequeathed to her to whom the lord by the said steward granted and delivered seisin thereof by the rod to have and to hold the said premises bequeathed to her to the said Prudence and the heirs of her body legitimately procreated according to the tenor and effect of the testament and said last will from the lord by the rod at the will of the lord according to the custom of the said manor by the rents services and customs thereunto belonging and by right accustomed when the said remainder shall fall into possession and she gave to the lord her fine