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Wills (ERO D/ACW13/43 Rose Rosse of Little Horkesbright 1634 1634)

14.11.1634 (Friday 14 November 1634)

document 3901907

in the name of god amen the 14.11.1634 I Rose Rosse of Little Horkesbigh in the county of Essex gentlewoman being in good health and in perfect remembrance laud and praise be given to almighty god do make and ordain this my present testament containing herein my last will in manner and form following first and principally I commit and commend my soul into the hands of almighty god my creator and unto jesus christ his son and my alone saviour and redeemer by whose precious death and bloodshedding and glorious resurrection I hope to have everlasting life and my body I commit to the earth from whence it came to be interred in the chancel of the parish church of Little Harkesbigh aforesaid and I do hereby both in deed and law revoke all other wills executors and overseers by me named or willed except such as be hereunder named and concerning my worldly possessions of lands houses and movable goods I dispose of them in manner and form following viz first I give and bequeath unto Josias Cookcoe the youngest son of Jeff Cookcoe my son two tenements viz one tenement with appurtenances situate and being in the parish of St Botolphs in Colchester within and nigh unto Botolphs Gate in the county of Essex now in the occupation of Barnaby Christopher or of his assigns and also I give and bequeath unto the said Josias one other tenement or messuage with all and singular their edifices buildings yards gardens orchards and appurtenances to the same belonging or in anywise thereunto appertaining situate and being in the parish of St Botolph in Colchester aforesaid without the Gate there and now in the tenure or occupation of Francis Kitteridge or of his assigns to have and to hold the said tenements with the appurtenances unto him the said Josias Cookcoe and to his heirs of his body lawfully to be begotten forever and for want of such issue my will and meaning is that the said tenements with appurtenances shall go to Wm Cookcoe the eldest son of Jeff Cookcoe my son and to the heirs of his body lawfully begotten forever provided always and my will and meaning is that I give the two tenements unto the said Josias the younger son as aforesaid conditionally viz that the said Josias shall pay unto the said Wm his elder brother 40li sterling of current english money out of the foresaid tenements within two years next after the said Josias is possessed of the said two tenements which 40li I give unto the said Wm for a legacy as also upon this condition I give the said tenements unto the said Josias the younger son that Francis Kitteridge aforesaid the now tenant his executors or assigns shall hold the said tenement without the Gate with the premises and appurtenances to the same belonging for the first year next after my decease freely without paying any rent for the same in consideration of the costs that he have laid out for the reparations of the same so as he commit thereupon no strip nor waste item I give and bequeath unto Jn Rose of Westbergholt son of my late husband Edw Rose 10li sterling of current money of England to be paid unto the said Jn Rose within one year next after my decease item I give and bequeath unto Jeff Cookcoe my son 6d and unto Prudence Lunt my daughter 20s all which three last recited legacies I will that they be paid within one year next after my decease if the same shall be lawfully demanded mark Rose Rosse item I give unto Edw Collins the elder of Cavendishe in the county of Suffolk the sum of 5li sterling to be paid unto him the said Edw within one year next after my decease if he shall be then living (next bequest crossed out) also I give and bequeath unto Wm Stephens of Wakes Colne in the county of Essex gent the sum of 10li sterling and unto Ralph Stephens my godson son of the foresaid Wm Stevens the sum of 20li sterling to be paid unto each of them by my executors out of the bonds of 120li wherein the said Wm Stephens do stand bound unto me always provided and it is my will true intent and meaning that the said two gifts of 10li and 20li herein before given to the said Wm and Ralph Stevens is upon and under this condition that if the said Wm Stevens his heirs executors and administrator do or shall perform the trust and confidence which I have utterly reposed in him concerning a certain bond wherein Edw Rose my late husband his executor and assigns do stand bound unto this Wm Stephens in a bond of 500li to my behalf and shall suffer and allow my executors to sue the said bond if occasion be offered in the name of him the said Wm Stevens the which if these Wm Stevens his heirs executors and administrators shall refuse so to do then the said gifts of 10li and 20li which I have herein given unto Wm and Ralph Stevens shall be to them and every of them utterly void as if no such gift had ever been given or any of them which sums then of 10li and 20li so intended by me to be given unto them and every of them I give the same unto my executors item I give and bequeath unto the poor people of Little Horkesbigh aforesaid the sum of 20s sterling to be paid unto them within one month next after my decease item I give and bequeath unto the poor people of Much Horkesbigh the sum of 10li sterling to be for a stock forever to be received and employed to the best benefit and use of the said poor and to be employed by the care of mr Eires rector of Much Horkesby aforesaid for the time being and his successors rectors of the said rectory and also by the care of the churchwardens of Much Horkesbygh for the time being and of their successors forever and also by the care of Xoph Sadler for the time being and I desire the said mr Eires and the said churchwardens that now are and the said Xoph Sadler that they will take this care upon them to employ this 10li for the best benefit and use of the poor of their parish as aforesaid and when Xoph Sadler dieth my will is that they the rector and the churchwardens for the time being shall chose a fourth man to help them about the employment and care of the said 10li and the said sum so employed for the benefit of the poor of the said parish the profit and use only may come to the said poor only and so the said sum as a stock to remain whole and entire to the benefit and good of the (torn) mark Rose Rosse (next bequest crossed out) item I do give and bequeath unto Wm Grange my servant and unto his assigns forever all that my lease lands which I bought of Jn Bounds containing by estimation 2a more or less lying in the parish of Great Horkesbigh in the county of Essex called or known by the name of Spring Coats or by what other name or names the same is called or known provided always and it is my will and meaning that if the said Wm Grange shall marry or take to wife Frances Gardener sister to mr Houghton curate of Little Horkesbigh from which marriage and intent of such act I have often dissuaded my said servant that then the said gift of 2a of land to be utterly void and of no force to the said Wm as if it had never been item I do give unto the foresaid Wm Grange half my movable goods of what nature quality or condition soever there be provided notwithstanding that if the said Wm Grange do take to wife the foresaid Frances Gardener that then this said gift and legacy of half my movable goods to be utterly void and of no force to the said Wm as if the said gift had never been item I do ordain and make the foresaid Wm Grange and mr Rich Michell abovesaid to be my full lawful and joint executors of this my last will hoping that they both together will carefully lovingly and conscionably perform the same as my trust in them is reposed provided always and it is my will and meaning that if the said Wm Grange do marry and take to wife the foresaid Frances that then the said executorship to the said Wm Grange shall be utterly void of no effect as though he the said Wm Grange had never been nominated joint executor in witness whereof I have hereunto my present last will and testament containing in all three sheets of paper to the first and second of them I have set my hand and to the third and last of them I have put to both my hand and seal the day and year first above written also I give and bequeath unto Rose Collins 6d item I give to Robt Sargeant of Stoke in the county of Suffolk 5li sterling and I give to Joshua Grange of Marks Tey or Tey Mandervile in the county of Essex 5li sterling all which three last legacies are to be paid within one year next after my decease published sealed and delivered in the presence of us (names missing) mark Rose Rosse