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Wills (ERO D/ACW16/206 Edw Elliston 1663 1663)

15.4.1663 (Wednesday 15 April 1663)

document 4500999

in the name of god amen I Edw Elliston of Earls Colne in the county of Essex gent make this my last will and testament in manner following first I commend my soul to god hoping to be saved through jesus christ and my body to be decently buried at the discretion of my executrix hereafter named and as for my estate both real and personal I dispose of it as followeth first I give and bequeath all my messuages lands tenements and hereditaments situate lying and being in the parish of Earls Colne aforesaid both free and copyhold unto my dear wife Mabel Elliston for and during the term of her natural life upon this condition that my said wife within three months after my decease do in due form of law release and discharge her title of dower which she hath or may have unto my messuages lands tenements and hereditaments situate in Little Coggeshall in the said county of Essex item I give unto the said Mabel all my monies debts goods chattels and personal estate to receive and dispose of at her will and pleasure if she release her dower as aforesaid but if she refuse so to do then I give all my personal estate to my trustees hereafter named upon the trust hereafter mentioned and my intent is that she be not compelled to satisfy any of my debts out of my estate real or personal hereby given her because I have hereafter provided that the same be paid out of other lands and my will and meaning is that my wife shall have and enjoy during her natural life certain customary lands tenements holden of the manor of Earls Colne which I have lately surrendered into the hands of the lord of the manor to the use of my cousin Jane Clench upon condition for the payment of 100li with the interest due for the same at a day to come and I will that the said 100li with the just interest be paid by my trustees hereafter named item I give and bequeath unto my dear brother Isaac Elliston gent and his heirs all my messuages lands tenements and hereditaments situate lying and being in Little Coggeshall aforesaid upon condition that he the said Isaac within one month after my decease do by good and sufficient conveyance and assurance in the law settle and assure free from all encumbrances done by him all his own messuages lands tenements and hereditaments which he hath or shall have within the parish of Little Coggeshall at the time of my death and which came unto him after the death of my brother Jn Elliston or otherwise in manner and form following that is to say to the use of him the said Isaac Elliston Wm Harlakenden esq an d Ralph Joscelin clerk for and during the term of one hundred years from the day of my death to be accounted without impeachment of or for any manner of waste upon the trusts hereafter declared and from and after the end or other sooner determination of the said term of one hundred years then to the use of Jn Elliston my nephew son of Peter Elliston deceased and of his heirs forever but in case the said Isaac Elliston shall neglect or refuse to convey his estate within one month after my decease according to my intention and meaning aforesaid then I give unto the said Isaac Elliston Wm Harlakenden and Ralph Joscelin all my said messuages lands tenements and hereditaments whatsoever situate and lying in the parish of Little Coggeshall aforesaid to have and to hold the same unto them the said Isaac Elliston Wm Harlakenden and Ralph Joscelin their executors and assigns from the day of my death for and during the full term of one hundred years from thenceforth next ensuing and fully to be complete and ended without impeachment of or for any manner of waste upon the trusts hereafter declared and from and after the expiration or other sooner determination of the said term of one hundred years I give the said messuage lands and tenements and hereditaments in Little Coggeshall aforesaid unto my said nephew Jn Elliston and to his heirs forever and I do hereby declare that the said several terms for one hundred years are limited upon the trusts and to the intents and purposes and under the provisos and conditions hereafter mentioned that is to say upon trust and to the intent that the said Isaac Elliston Wm Harlakenden and Ralph Joscelin the survivors or survivor of them or the executors administrators or assigns of the survivor of them shall with as convenient speed as may be by sale or leasing of the premises hereby given or to be conveyed to them for one hundred years or of some part thereof or out of the yearly profits of the same cause such sum or sums of money as shall be sufficient to satisfy as well the said debt of 100li due to my cousin Jane Clench as aforesaid as also other debts and sums of money as at the time of my death shall be owing by me or due unto any person or persons whatsoever the same be due by specialty servied# by other lands or otherwise presently owing and immediately after the raising of the same sums or any part thereof shall pay the same unto the several persons to whom I am indebted as soon as they shall or do receive the same provided always that if the said Jn Elliston or his heirs shall pay disburse and satisfy within twelve months after my decease all such debts as shall be owing by me at the time of my death as aforesaid then I will that my said trustees Isaac Elliston Wm Harlakenden and Ralph Josceline the survivors or survivor of them or the executors or administrators of the survivor of them shall upon reasonable request surrender the said term of one hundred years unto the said Jn Elliston his heirs and assigns if the same be not before that time leased or sold and account with him and them for the profits received by them and pay the same to the said Jn Elliston his heirs and assigns provided also that if after a sufficient sum of money for the payment of my debts as aforesaid shall be raised there shall remain any surplus of money in the hands of the said trustees or the survivors or survivor of them or of the executors or administrators of the survivor of them more then will satisfy the said debts and the reasonable charges and expenses of the said trustees their executors or administrators in raising the same or if after the raising of the said sum sufficient to pay my debts as aforesaid any of the profits herein limited to the said trustees shall remain unsold or unleased that then and in either of the said cases the said trustees and the survivors and survivor of them and the executors and administrators of the survivor of them shall upon request surrender the premises so unsold and undisposed and pay the said surplus money if any be to the said Jn Elliston his heirs and assigns they the said trustees and their assigns being thereout or otherwise satisfied their reasonable costs and charges as aforesaid provided also and my will and meaning is that if my executrix be compelled to pay any of my debts contrary to my intent herein before expressed that then my said trustees the survivors and survivor of them and the executors and administrators of the survivor of them shall upon request repay and satisfy to my said executrix out of the profits of the said lands limited for one hundred years as aforesaid all such sums of money which she shall be compelled to pay and shall save her harmless and indemnified from any action or suit that shall be brought or prosecuted against her for any of my said debts also my will and meaning is that my wife shall have the use and occupation but not the property of the large table that is now standing in my parlour during her life for my will is that it should continue and remain in the parlour where it now stands to my dear brother Math Elliston and to his heirs to whom after my decease and the death of my wife my house wherein I live with the lands thereunto belonging will descend and come also I give these following sums of money to be paid within twelve months after my decease that is to say to the poor of Earls Colne 4li to the poor of Little Coggeshall 20s to my servant Sarah Browne     and to Mary Pryor     and I make executrix of this my last will my said dear wife Mabel Elliston willing her to perform the same according to my true intent and meaning in witness whereof I have hereunto set my hand and seal this 15.4.1663 etc. signed sealed published and declared these words free from all encumbrances done by him being interlined in the first sheet as also these words or otherwise before the publishing hereof in the presence of us Jn Eldred Giles Lagden Robt Crow Edw Elliston