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Chancery Depositions (PRO C8/496/3 Rose Abbott v Hen Abbott)

16.1.1711 (Tuesday 16 January 1711)

document 17300387

16.1.1711 to the right honourable sir Simon Harcourt knight lord keeper of the great seal etc humbly complaining showeth unto your lordship your oratrix Rose Abbutt one of the daughters of Hen Abbutt late of Earls Colne in the county of Essex esq deceased an infant under the age of twenty one years by Abigail Abbutt widow her mother and next friend that the said Hen Abbutt your oratrix late father being in his lifetime and at the time of his death seised in his demesne as of fee or other good estate of inheritance either in possession reversion or expectancy of and in the several messuages farms lands tenements and hereditaments as well freehold as copyhold in his will hereinafter set forth more particularly mentioned which he had good right and power to devise charge and dispose as thereby he hath done and having before surrendered such parts of the premises as were copyhold to the use of the will of the said Hen Abbutt sometime before his death and when he was of sound and disposing memory and understanding did duly make seal publish and declare his last will and testament in writing and also a codicil in writing and annexed thereunto at or about times the same respectively bear date which said will and codicil are in and do contain the words following that is to say in the name of god amen I Hen Abbutt of Earls Colne in the county of Essex esq being weak in body but of a sound and perfect mind and memory thanks be to god do make and ordain this my last will and testament in manner following hereby revoking all former wills by me made first and principally I commend my soul into the hands of almighty god my most merciful creator hoping to be saved through the alone merits of jesus christ my most gracious redeemer and my body I desire to be decently buried at the discretion of my executrix and executor herein after named and as to that worldly estate wherewith it hath pleased god to bless me I dispose thereof as followeth imprimis I give and bequeath unto Abigail my loving wife one half of my household goods standing and being in my now dwelling house to have the use of them during her widowhood and after her marriage or decease I give the same unto my executrix item I give unto my said wife all goods and household stuff which were hers at the time of our intermarriage item I give to my executrix the other half of my household goods item I give and bequeath unto my eldest daughter Rose Abbutt and to her heirs forever all that my messuage or tenement with the lands and hopgrounds and orchards thereunto belonging situate lying and being in Earls Colne aforesaid which I lately purchased of Hen Adams with the malting office and buildings thereupon erected with appurtenances item I give and bequeath unto her all my hop poles in and upon my hopgrounds but my will and meaning is that in case my eldest son Hen Abbutt shall and do pay unto my said daughter Rose Abbutt the sum of 350li of lawful money of Great Britain that then he shall have and enjoy my said messuage or tenement malting office hopground orchards and appurtenances herein before given to my said daughter Rose and also the said hop poles to him and his heirs forever and my will is that my said daughter Rose upon my said son Hen payment of the said sum of 350li to her shall convey and deliver the same to him accordingly and shall discharge the moneys due thereupon item I give and bequeath unto my said daughter Rose Abbutt and her heirs forever all that my messuage and farm commonly called or known by the name of Monkdowns with all the lands meadows and pastures thereto belonging situate lying and being in Great Coggeshall and elsewhere now in my own occupation also all my copyhold messuage lands and tenements with their appurtenances situate lying and being in Earls Colne except such as are settled upon my said son Hen and also all other my lands and grounds in Great Coggeshall and all my tithe in Great Coggeshall and in Little Coggeshall or either of them also all my messuages lands and tenements in Kersey Suffolk but in case my said daughter Rose shall happen to die before she shall attain her age of twenty one years without issue then I give and bequeath all my aforesaid messuages lands tenements and hereditaments whatsoever herein before given unto my said daughter Rose Abbutt to all my children namely Hen Joseph Edw Abigail Mary Grace and Joanna and their heirs forever and my will and meaning is that my said daughter Rose or her heirs shall and do pay unto my son Edw the sum of 200li of lawful money at his age of twenty one years together with interest for the same in the meantime at the rate of five percent per annum and that in case my said daughter Rose or her heirs shall refuse or neglect to pay unto my said son Edw the said 200li or any part thereof or the interest thereof then it shall and may be lawful to and for my said son Edw or his assigns to enter into and upon my said messuage farm and lands called Monkdowns and receive and take the rents issues and profits thereof until he shall be fully satisfied and paid the sum of 200li and all the interest together with his reasonable charges item I give and bequeath unto my daughter Joanna Abbutt and her heirs forever all that my reversion expectant on the death of my brother in law Jn Owers gentleman and Grace his wife of all that my messuage or farm outhouses buildings and barns and stables lands meadows pastures and appurtenances thereunto belonging situate lying and being in Wickhambrooke Suffolk or parishes adjacent and now in the occupation of the said Jn Owers or his assigns and in case my said daughter Joanna shall happen to die without issue under the age of twenty one years then I give and bequeath my said messuage lands and premises herein before given unto her unto my said daughter Grace Abbutt and heirs forever item my will and meaning is that in case my said son Hen Abbutt shall and do at any time or times hereafter molest trouble disturb or interrupt my said daughter Rose or her heirs in the enjoyment of the messuages lands and tenements goods and chattels which I have herein given unto her then that she shall not be any ways obliged by this my will to convey the said messuage malting office lands hopgrounds orchards and premises unto him according to the order and direction herein before mentioned and that my said son Hen at the time of her conveying the same and delivering the said hop poles unto him shall seal execute and deliver unto her use a general release of all accounts and demands whatsoever item all the rest and residue of my goods chattels and personal estate whatsoever and wheresoever after my debts legacies and funeral charges and probate of this my will shall be satisfied paid and discharged I give and bequeath unto my said daughter Rose Abbutt and lastly I do nominate and appoint my said daughter Rose Abbutt executrix and my friend and neighbour Solomon Grimston of Chappel alias Pontisbright Essex gentleman executor of this my last will and testament and give unto him for his care pains and trouble therein the sum of 50li in witness whereof to this my last will and testament I have set my hand and seal the 25.8.1710 Hen Abbutt signed sealed published and declared by the testator in our presence and in his presence attested and subscribed by us Jn Sparrow Eliz Meadows Sarah Sampson as a codicil to my will I further add that whereas I have in my said will ordered that my said daughter Rose Abbutt shall deliver unto my son Hen Abbutt all my hop poles upon payment unto my said daughter the sum of 350li my intent and meaning was and is that my said son Hen should and shall have only the hop poles standing and being upon the grounds belonging to the Hayhouse settled upon him and upon the hopground belonging to the tenement lately purchased of Hen Adams and that he should pay the sum of 400li witness my hand and seal 30.8.1710 Hen Abbutt and the several persons whose names are set to the said will and codicil respectively did so set and subscribe their names as witnesses thereunto in the presence of him the said Hen Abbutt the testator and the said will and codicil were in all things fairly and duly made and executed according to law as by the said will and codicil ready to be produced to this honourable court may appear and your oratrix further showeth that shortly after the making the said will and codicil the said Hen Abbutt the testator died leaving Hen Abbutt now of Earls Colne gentleman his eldest son and heir and such other children as in his said will are named and your oratrix is his eldest daughter whom he named and appointed executrix of his said will and to whom he thereby gave and devised such several messuages farms lands tenements and hereditaments as are therein for that purpose mentioned and your oratrix well hoped that she should have held and enjoyed the same according to the true intent and meaning of the said will and that there would have been no contests or disputes concerning the said will and codicil or either of them but so it may it please your lordship the said Hen Abbutt the testators heir pretends some title to the said lands and premises devised to your oratrix by the said will and gives out that the said testator had no power to devise or dispose of the said premises as by his said will he hath done or if he had a right and power so to do yet the said Hen Abbutt the son pretends that his said father never made and published the said will and codicil or if he did that he was not of sound and disposing mind memory and understanding at the time of the sealing and publishing the said will and codicil and although the said Hen Abbutt well knows or believes the contrary and that the same were in all things duly made and executed yet he threatens that when the witnesses to the said will and codicil were dead he will contest the validity thereof and set up his title as heir at law and otherwise to the said premises in so much that in case the said witnesses should die before your oratrix can so examine them as to have the benefit of their testimony your oratrix will be in danger of losing the benefit intended here by her said father in tender consideration whereof and for as much as your oratrix cannot examine the said witnesses in perpetuum rei memorium to preserve their testimony and prove the due sealing and publishing of the said will and codicil without the aid and assistance of this honourable court to the end therefore that the said Hen Abbutt the son may fully answer the premises and discover whether he does no know or believe that the said testator his father did make such will and codicil as are herein before set forth and that the said testator was of sound and disposing mind memory understanding at the time his sealing and publishing the same and whether he had not good power and authority to make such will and codicil and to devise and dispose of the said lands and premises as he hath thereby done and that your oratrix may have the aid and assistance of this honourable court to examine the witnesses to the said will and codicil in perpetuum rei memorium for preservation of their testimonies to be made use of as there may or shall be occasion in case of their deaths and have such relief as is usually given in like cases may it please your lordship to grant unto your oratrix her majesties most gracious writ of subpoena to be directed to the said Hen Abbutt gentleman thereby commanding him at a certain day and under a certain pain therein to be limited personally to be and appear before your lordship in this honourable court then and there true and perfect answer to make to all and singular premises and further to stand and abide such order direction and decree therein as to your lordship shall seem meet and your oratrix shall ever pray etc Chas Whitaker