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Wills (PROB11/61 Jn Turner of Wakes Colne 1578)

6.10.1578 (Monday 6 October 1578)

document 2800546

in the name of god amen the 6.10.1578 I Jn Turner of Crepinghall in the parish of Colne Wake in the county of Essex esq being of and in good and perfect remembrance and memory thanks be unto god do make and ordain this my last will and testament in manner and form following that is to say first I give and bequeath my soul to the mercy of god who hath redeemed me of his infinite mercy by the death and blood of his son christ by which death alone I hope assuredly to be saved and my body to be buried in the parish church of that parish where it shall please god to take me from this life item I give to the poor men's box of Colne Wake aforesaid 40s to the poor men's box of Chappell parish 10s to the poor men's box of Much Tey 13s4d to the poor men's box of Fordham 10s to the poor men's box of Aldham 10s to the poor men's box of Mount Bewers 10s to the poor men's box of White Colne 6s8d and to the poor men's box of Earls Colne 20s to be paid to them within one whole year next after my decease item I give to the poor strangers of the french congregation in London 6li13s4d to be paid to them within one whole year next after my decease item I will that my executrix hereafter named shall give yearly during her life to some godly preacher to preach the gospel of jesus christ truly 5li if it shall please god to suffer the same in England so long and i f not that then the said payments to cease item I give to Christian my loving wife my manor of Barons and Flories with all and singular their hereditaments and appurtenances the land now in the occupation of Jn Craymer the lands and tenements which Jn Finche holdeth of me my tenement and lands called Machons Bottistis Bakers and Trashes Cobbes Fenne Cobbes Feilde Grene Grasses and Tredle Fenne my tenement and lands called Fishers and Pages with all and singular their appurtenances whatsoever set builded and being in the towns fields and bounds of Much Tey Feringe Earls Colne Pontisbright Colne Wake Mountebewers and Fordham in the said county of Essex to have and to hold the same to her and her assigns during her natural life and after her decease I will that all my said manors lands tenements and hereditaments above rehearsed and bequeathed shall be and remain to Margt Smyth my daughter and to her assigns during the natural life of the same Margt paying out of the same to Chas Smyth her son 20li of lawful money of England yearly during the natural life of the said Margt if the said Chas shall so long live the first payment thereof to begin within one year next after the decease of my said wife and after the decease of my said wife and daughter I will and do give and bequeath all and singular my said manors lands tenements and hereditaments with all and singular the appurtenances unto the said Chas Smyth and his assigns for and during the natural life of the said Chas and after the decease of the said Chas then I will that all and singular the said manors lands tenements and hereditaments with all and singular their appurtenances shall be and remain unto the eldest issue male of the said Chas then living for term of the life of such eldest issue male and after the decease of such eldest issue male then I will that all and singular the said manors lands tenements and hereditaments with all and singular their appurtenances shall be and remain to the second issue male and so to the descend from one to another being issue males of the body of the said Chas for term of the several lives of such several issues males so long as any such issue male shall be living upon this condition and so that the said Chas or his assigns for term of life of the said Chas and after his decease that the eldest issue of the said Chas and his assigns for term of the life of such eldest issue and so that every one of the said issue males and his assigns unto whom my said manor lands tenements and hereditaments shall come by force and virtue of this my testament and last will shall during their several lives pay or cause to be paid unto Thos Smyth Jn Smyth and Arthur Smyth brothers of the said Chas and to every of them 6li13s4d of lawful money of England yearly during the lives natural of the same Thos Jn and Arthur and the longer liver of them and my very will purpose mind and intent further is this that if it fortune the said Chas Smyth to depart this world without issue male of his body lawfully begotten that then all and singular the said manor lands tenements and hereditaments with all and singular their appurtenances shall be and remain unto the said Thos Smyth and his assigns for and during the natural life of the said Thos and after the decease of the said Thos Smythe then I will that all and singular the said manor lands tenements and hereditaments above rehearsed with all and singular their appurtenances shall be and remain to the eldest issue male of the body of the said Thos that shall be then living for term of the life of such eldest issue male and after the decease of such eldest issue male then I will that all and singular the said manor lands tenements and hereditaments with all and singular their appurtenances shall be and remain unto the second issue male of the said Thos then living for term of the life of such second issue male and so to descend and come from one to another being issues males of the body of the said Thos for term of the several lives of such several issues males so long as any such issue males shall be living upon this condition and so that the said Thos or his assigns for term of the life of the said Thos and after his decease that the eldest issue male of the said Thos or his assigns for term of the life or his assigns of such eldest issue and so every one of the said issues males unto whom my said manor lands tenements and hereditaments shall come by force and virtue of this my testament and last will or his assigns shall during their several lives pay unto the said Jn Smyth and Arthur Smyth brothers of the said Thos and to either of them 10li of lawful money of England yearly during the lives natural of the same Jn and Arthur and the longer liver of them and further my will mind purpose and intent is that if it fortune the said Thos to depart this world without issue male of his body lawfully begotten that then all and singular the said manor lands tenements and hereditaments with all and singular the appurtenances shall be and remain to the said Jn Smyth and his assigns for and during the term of the natural life of the said Jn Smyth and after the decease of the said Jn Smyth then I will that all and singular my said manor lands tenements and hereditaments with all and singular their appurtenances shall remain unto the eldest issue male of the body of the said Jn that shall be then living for term of the life of such eldest issue male and after the decease of such eldest issue male then I will that all and singular my said manor lands tenements and hereditaments with all and singular their appurtenances shall be and remain unto the second issue male of the said Jn then living for term of the life of such second issue male and so to descend and come from one to another being issues males so long as any such issue males shall be living upon this condition and so that the said Jn or his assigns for term of the life of the said Jn and after his decease that the eldest issue male of the said Jn and his assigns for term of the life of such eldest issue and so every one of the said issues males unto whom my said manor lands tenements and hereditaments shall come by force and virtue of this my testament and last will or his assigns shall during their several lives pay or cause to be paid unto the said Arthur Smyth or his assigns 20li of lawful money of England yearly during the life natural of the said Arthur and further my will mind purpose and intent is that if it fortune the said Jn to decease this world without issue male of his body lawfully begotten that then all and singular the said manor lands tenements and hereditaments with all and singular their appurtenances shall be and remain unto the said Arthur and his assigns during the term of the natural life of the same Arthur and after the decease of the same Arthur then I will that all and singular my said manor lands tenements and hereditaments with all and singular their appurtenances shall remain unto the eldest issue male of the body of the said Arthur that shall be then living for term of the life of such eldest issue male and after the decease of such eldest issue male then I will that all and singular my said manor lands tenements and hereditaments with all and singular their appurtenances shall be and remain unto the second issue male of the said Arthur then living for term of the life of such second issue male and so to descend and come from one to another being issues males of the body of the said Arthur for term of the several lives of such several issues males so long as any such issue male shall be living upon this condition and so long as the said Arthur or his assigns for term of the life of the said Arthur and after his decease that the eldest issue male of the said Arthur or his assigns for term of the life of such eldest issue and so every one of the said issues males unto whom my said manors lands tenements and hereditaments shall come by force and virtue of my testament and last will or his assigns shall during their several lives pay or cause to be paid unto Margt Smyth and Abigail Smythe his sisters and to either of them 10li of lawful money of England yearly during the natural lives of the said Margt and Abigail and the longer liver of them and yet further my will mind and intent is that if it fortune the said Thos Jn and Arthur to depart this world without issue male of their bodies lawfully begotten that then all and singular my said manors lands tenements and hereditaments with all and singular their appurtenances whatsoever shall fully clearly and wholly come remain descend and be to the said Chas Smyth and his heirs forever to the only sole proper use and behoof of the said Chas Smyth his heirs assigns forever absolutely and freely without any condition annexed item I do give and bequeath unto the said Christian my wife all that my lease title interest and term of years yet to come which I have of and in the manor of Crippinghall set builded lying and being in the parish of Colne Wake Much Tey Fordham Aldham Mountebewers Withermontforde and White Colne in the said county of Essex which I hold of the right honourable the earl of Oxenford to have and to hold the same lease title and interest and term of years of and in the said manor of Crippinghall with the appurtenances unto the said Christian and her assigns during the years yet to come contained in the same lease if the said Christian do so long live and if the said Christian do depart this world before the said lease and term of years be expired then I will the said lease title interest and term of years then remaining shall come remain and be unto the said Margt Smyth my daughter during all the same residue of the years then to come contained in the said lease if the said Margt do so long live and if it fortune the said Margt to depart this world before the said lease and term of years be expired then I will give and bequeath the said lease and residue of years and term aforesaid of and in the said manor of Crippinghall after the decease of the said Margt unto Chas Smyth son of the said Margt if the said Chas shall so long live and if it fortune the said Chas to depart this world before the said lease and term of years be expired then I will that the said lease and residue of the years contained in the same shall come remain and be to the eldest son of the said Chas then living if the same eldest son shall so long live and if the said eldest son of the said Chas depart this world before the said lease and term of years expired then I will the said lease and residue of years then remaining shall come remain and be to the second son of the said Chas in form aforesaid and so from the one son of the said Chas unto the other successively until the whole term contained in the said lease be fully expired if the said sons of the said Chas shall so long live and if it fortune the said Chas and his issue aforesaid to depart this world before the said lease expired then I will the residue of the said lease and term of years then remaining contained in the said lease unto the said Thos Smyth if he shall live until the expiration of the same and if the said Thos do depart this world before the said lease be expired then I will give and bequeath the said lease and residue of years the remaining unto the said Jn Smyth if he shall live until the expiration and determination of the same and if it fortune the said Jn Smyth to depart this world before the said lease be expired then I will give and bequeath the said lease and residue of years then remaining unto the said Arthur if he shall live until the same lease be expired and if the said Arthur do depart this world before the said lease expired then I will that the same lease and residue of years of the same unto the executors administrators and assigns of the said Chas during all the years contained and then remaining in the same item I give will and bequeath unto Thos Smyth of Blackmore in the county of Essex gent and to Margt his wife my daughter all that my lease title part per part term of years and interest which I have of and in the Castle of Campes and the demesnes and late parks of the same belonging holden of the right honourable earl of Oxenford set builded lying and being in the county of Cambridge and in the parishes of Castle Campes Shudye Campes Bartle and Asheton in the said counties of Cambridge and Essex upon this condition following viz that the said Thos and Margt their executors and assigns shall discharge ac quit or save harmless my executors administrators and assigns as well against the queen's majesty her heirs or successors as against the said earl of Oxenford his heirs executors administrators and assigns of for and from all and all manner of covenants grants promises payments and articles which I stand bound to do and perform in virtue of the foresaid lease or otherwise and also shall yearly bestow and expend upon the education and bringing up in learning of Chas Smyth and Thos Smyth sons of the said Thos and Margt the sum of 40marks of lawful money of England yearly during the term of twelve years next ensuing after my decease if the said Chas and Thos or either of them do so long live and this to be done by the discretion and appointment of their said father and mother if they or either of them do so long live and after their decease then I will it shall be bestowed at the discretion of my said wife my brother in law Wm Fisher and my cousin Rich Lambert of Colchester interchangeably or any two of them item I give will and bequeath unto the said Christian my said wife all that my lease title and term of years that I have of and in the manor of Lammershall in the said county of Essex with all and singular the rents profits and commodities thereof coming rising growing and increasing with all and singular their appurtenances for and during the term of twelve years next ensuing after my decease and fully to be complete and ended for the payments of my debts and the performance of the legacies by me in this my present testament given will and bequeathed and hereafter willed and bequeathed the said Christian yielding paying doing and observing all such covenants payments and articles as in the same lease are contained and on my part to be observed during the same twelve years and after the said twelve years expired then I will give and bequeath my said lease title interest and term of years then remaining unto the said Chas Smyth Thos Smyth Jn Smyth and Arthur Smyth brothers of the said Chas to their executors administrators and assigns upon this condition following that is to say that the said Chas Thos Jn and Arthur or any of them their executors administrators or assigns shall well and truly content and pay or cause to be contented and paid unto the said Christian my wife or to her assigns the sum of 20marks of lawful money of England yearly during all the term of years then remaining in the said lease if the said Christian do so long live the same 20marks to be paid at two several terms in the year and also do perform hold and keep all and singular such covenants grants payments and articles as on my behalf my executor and assigns are to be observed performed and are contained in the said lease but if the said Chas Thos Jn and Arthur and every of them their executors administrators or assigns do make default in any of the premises and do not perform the same in every point according to the true intent and meaning of this my testament and last will then I will the same lease title and interest for term of years then remaining after such default made unto the said Christian my wife to her executors administrators and assigns the same to use and dispose at her and their will and pleasure to the benefit of my daughter's children according to my said wife's discretion and if it fortune my said wife to depart this world before the said twelve years to her given onto the said lease of Lammashall be expired then I will give and bequeath the residue of the same twelve years then remaining and not expired unto my son in law Thos Smyth gent and Margt his wife my daughter to my brother in law Wm Fisher to my cousin Rich Lambert and to my friend Jn Cockerell upon condition following that is to say that they their executors administrators or assigns shall perform fulfil and pay all such legacies and debts as I have given in this my testament and then remain unpaid and further as my trust is in them to deliver and pay the benefit and commodity that shall remain if my said lease my said legacies and will performed unto my said daughter's children equally to be divided amongst them the receipt of the rent of the said manor of Lammashall and all other profits of the same I will and my mind is shall be gathered and received by the hands of the said Thos Smyth gent and Margt my daughter during their lives and after their decease then to be gathered by the hands of the said Wm Fisher and shall be paid and distributed equally amongst my said daughter's children yearly during the said term of twelve years by the said Thos Smyth and Margt Wm Fisher Rich Lambert and Jn Cockerell or any two of them whereof the said Wm Fisher to be one during his life item I give unto Margt Smyth my daughter's daughter 300marks of lawful money of England to be paid to her at the day of her marriage or at her age of 21yr which of them shall first happen and if it shall fortune the said Margt to die before such time as her said legacy shall be due I will then the said 300marks shall be distributed and given amongst the residue of my said daughter's children then living at the discretion and appointment of my said wife if she be then living and after the decease of my said wife then at the discretion and appointment of the said Thos Smyth gent and Margt his wife my daughter Wm Fisher Rich Lambert and Jn Cockerell or the longer liver of them item I give unto Abigail Smyth one other of the daughters of the said Margt 200marks of lawful money of England to be paid unto her at the day of her marriage or when she shall accomplish her age of 21yr whichever of them shall first chance and if it fortune the said Abigail to depart this world before her said legacy shall be due unto her then I will the said 200marks shall be distributed amongst the residue of my said daughter's children then living at the discretion and appointment of the persons aforenamed in manner and form as is aforesaid item I give and bequeath to Thos Smyth Jn Smyth and Arthur Smyth sons of my said daughter to every of them 40li of lawful money of England to be paid when they shall accomplish their several ages of 21yr item I give to the right honourable the Earl of Oxenford in that he shall be good to my wife and such poor friends as I leave behind me 40li of lawful money of England to be paid unto him within two years after my decease if my executrix may conveniently pay the same so soon and if the said Earl shall depart this world before the said 40li be due and paid to him I will then that the said 40li shall be paid unto my lady his wife within two years after my decease if she be then living item I give unto my son in law mr Thos Smyth after my decease six milch kine to be delivered to him at the discretion of my wife item I give unto my daughter Smyth twelve of my silver spoons and one of my bowls of silver one of my beer pots of silver and one of my tankards of silver and also one of my new featherbeds with bolster covering blankets and two pairs of sheets thereunto belonging to be delivered to her immediately after my decease item I give unto the said Thos Smyth son of the said Thos Smyth gent my son in law my tenement at Wakes Colne church wherein Robt Swaine now dwelleth to have and to hold to him and to his heirs and assigns forever item I give unto Roger Loneney my servant 6li13s4d of lawful money of England to be paid unto him within such convenient time as my executrix may pay the same item I give to Thos Turner my servant 40s of lawful money of England to be paid unto him within one half year next after my decease item I give unto Rachel Lyvinge 3li6s8d to be paid to her at her age of 21yr or on the day of her marriage which shall first happen item I give to Christian Turner my servant 6li13s4d to be paid to her within one year next after my decease item I give unto Jn Keble my servant 40s of lawful money of England to be paid to him within such time as my executrix may conveniently pay the same and to every other of my servants which are in covenant with me at the time of my death 26s8d to be paid to them within one year next after decease and further I desire my said wife to give unto the said Chas Smyth such portion of other stuff for the furnishing of his house as she shall think best and at such time as she shall think well of either by her life or after her decease item I give unto my sister Baker and my sister Symond to either of them 20s to be paid unto them within one half year next after my decease item I give to Wm Turner my brother 3li6s8d of lawful money of England to be paid unto him within such time as my said executrix may conveniently pay the same item I give unto every of my brother's (children) and sisters' children unto whom no legacy is heretofore in this my present testament bequeathed to every of them 20s to be paid unto them within two years next after my decease and sooner if my executrix conveniently may item I give unto Jn Fisher 40s to be paid to him within two years next after my decease if my executrix may conveniently pay the same within that time my riding cloak and one of my doublets item I give unto my sister Byrd 40s of lawful money of England to be paid to her within two years next after my decease if my executrix may conveniently pay the same within that time item I give to every of my wife's other sisters to Joyce Lambert and Eliz Tottie to every of them 20s to be paid to them within one year next after my decease item I give unto Geo Goldinge esq 3li6s8d to be paid to him within one year next after my decease desiring him to be aiding and friend to my said wife as he hath been her before me item I give unto Rose Byrde my sister's daughter 3li6s8d to be paid to her at the day of her marriage or at her age of 21yr which of them shall first happen so that she do attend and serve my said wife during the said time if my said wife do so long live and like to keep her item I give to Wm Fisher's wife 20s to be paid her within one year next after my decease item I give to every of her children and to every of the children of Jn Fisher 20s to be paid to them at their several days of their marriages or else when they shall come to their several ages of 21yr item I give to my cousin Rich Byrd 40s to be paid to him within two years next after my decease and sooner if my wife conveniently may and to Wm Byrd 20s to be paid to him within two years next after my decease item I give to Alice the wife of Rich Barrett one half seam of wheat and two ewe sheep to be delivered to her immediately after my dec ease item I give to my sister Eliz Addams one seam of wheat item I give towards to reparation of the church of Wakes Colne 4li to be paid to the churchwardens of the same church within three years next after my decease or sooner if the said churchwardens do go about to repair the same church item I give to Phil Bloyse Martha Knappe and to Jn Berye my godson to every of them 10s to be paid to them within one year next after my decease the residue of all my goods and chattels whatsoever movable as unmovable jewels plate ready money household stuff and implements of household before not bequeathed my debts and my funeral discharged and this my will performed I give unto the said Christian my wife whom I make and ordain sole executrix of this my last will and testament desiring the said Christian according to her promise made unto me to see this my will performed and be beneficial to my daughter's children if she conveniently may and shall think it good and I make and ordain overseers and supervisors of this my last will and testament the said Thos Smyth gent my son in law Thos Waldgrave gent Wm Fisher my brother in law my cousin Rich Lambert and the said Jn Cockerell and I give to every of them to be aiding and assisting to my said wife in the execution of this my testament and last will 5li of lawful money of England besides their reasonable costs and charges when they shall have occasion to ride or go about any business for my said wife or to do any thing for her which sum of 5li I will shall be paid unto every of them as soon as my said wife conveniently may and for as much as my meaning is not to charge any other thing with the payment of my legacies my debts excepted then the said lease of the said manor of Lammashall therefore my full meaning will intent and purpose is that if the clear yearly rents issues revenues and profits coming issuing growing and increasing of in and upon the same manor of Lammashall during the said term of twelve years shall be found not sufficient over above and besides the said 20marks given to my said wife as is aforesaid and the yearly rents going out of the same for the performance of the legacies and beques ts in this my present testament w illed and bequeathe d and also the discharge of such sure trouble or encumbrance as shall happen to arise in law against my executrix or against any other person named in my will whom my executrix ought by law to defend concerning this my last will and testament and that by the engagement of the said Wm Fisher Rich Lambert and Jn Cockerell or any two of them whereof the said Wm Fisher to be one then I will give and bequeath the said Christian my wife such further term and interest in the said lease of the manor of Lammershe Hall for the full satisfaction of the my said legacies in this my said testament given and bequeathed as by the said Wm Fisher Rich Lambert and Jn Cockerell or two of them whereof the said Wm Fisher to be one shall be thought expedient any gift legacy or bequest thereof heretofore in this my present testament made to the contrary notwithstanding provided always that if the said Christian my wife do at any time hereafter marry again with any man then my full mind will intent and purpose is that all and singular my said legacies gifts and bequests to her in this my present testament given willed and bequeathed shall be utterly void frustrate and of no effect to all intents constructions and purposes and then I will that all and singular the said legacies gifts and bequests to my said wife given as is aforesaid shall come remain and be to the said Thos my son in law and to Margt his wife my daughter paying yearly unto my said wife during her natural life 100marks of lawful money of England and holding keeping performing fulfilling doing and paying all and every such thing and things gifts legacies and bequests whatsoever in this my present testament contained provided and my true meaning and will is that if any question doubt ambiguity or scruple shall happen to be or arise in or upon any word sentence or clause contained within this my last will and testament that then the said word sentence or clause shall be resolved determined and made plain by my right worshipful good friend sir Wm Cordell knight master of the rolls to whom I give in token of his great friendship to me showed always 6li13s4d or by mr justice Ayliffe to whom I give for his pains to be taken for me herein 40s and the same resolution determination and making plain shall stand and be as my full will and testament any thing in this same my last will contained in any wise notwithstanding further I will that Margt Smyth my daughter's daughter shall have 100marks of lawful money of England over and besides the legacy to her before in this will given and bequeathed to be paid unto her within such time as my executrix may conveniently pay the same and out of such rents and revenues as the legacy aforesaid are to be paid and not otherwise these being witnesses Jn Turner sealed and delivered by the said Jn Turner as his last will and testament the day and year above written in the presence of us whose names be hereunto subscribed Alex Mathew Jn Langbroke Barth Chirch Jas Langbroke and Wm Vigorus