Wills (ERO D/ACW17/174 Francis Evered 1666)

10.6.1666 (Sunday 10 June 1666)

document 4600005

in the name of god amen I Francis Evered of Colchester or Earls Colne in the county of Essex grocer this 10.6.1666 be my god be praised though at present not in bodily health yet of sound mind and perfect memory disannulling all former wills by me made do make ordain and constitute this my last will and testament in manner and form following first I resign up my spirit into the hands of my blessed saviour christ jesus trusting in him to be made partaker of the inheritance with his saints in light everlasting and in hope of joyful resurrection at the last day I commit my body to the ground to be buried decently at the discretion of mine executors after mentioned and of my worldly goods or temporal substance I dispose of the same as followeth imprimis I give to Joanna my beloved wife all those my houses yards gardens orchards backsides and outhouses whatsoever with their appurtenances lying and being in St Peters in Colchester and now in the occupation of myself and Dan Deacon Geo Crosse Thos Crowch Alice Parnel mrs Mathies and the rooms which late were in the occupation of Abrm Valender and Rich Pits and my mother Evered or any other person whatsoever to have and to hold unto Joanna my wife for and during all the term of her natural life upon condition that my beloved wife shall maintain and uphold the foresaid premises in good reparations and after her decease I dispose of the same as followeth imprimis I give all the aforesaid premises with the appurtenances into the hands of my beloved friends mr Jn Gael of Lavenham and mr Jn Milbanke of Colchester drapers whom I make feoffees in trust unto the end and purpose hereafter specified and not otherwise viz that after the decease of my loving wife my will is that my said two friends mr Gael and mr Milbanke shall have and I hereby give them full power to make sale of the abovesaid premises at such convenient time as they can attain to the highest price for the same and in the mean time my will is that the said feoffees in trust shall receive all the rents and profits therefrom arising and dispose of the same as followeth viz to my brother Jacob Everet and his son Francis Everet and his daughter Sara and his daughter Mary Everet one third part of the rent of the premises aforesaid to be equally divided amongst them four part and part like every year so long as the premises shall remain unsold likewise to the children of my sister Richardson deceased one other third part of the aforesaid rents to be equally divided amongst them every year and the heirs of the deceased to have the proportions that should have been to their parents if living item I give to the children of my sister Abigail Pott deceased the other third part of the rent to be equally divided amongst them or their heirs of their bodies begotten every year so long as the premises remain unsold provided always notwithstanding that the taxes and reparations be taken off the rent as also I give to the said mr Gael and mr Milbanke out of the foresaid rent each of them 20s a year apiece so long till the aforesaid premises be sold and when the foresaid premises shall be sold I dispose of the money thereof as followeth imprimis I give to the children of my brother Jacob Evered being three in number Francis Mary and Sara Evered one third part of the monies that shall be raised of the aforesaid premises to be equally divided amongst them part and part like if all be living then or if any shall die before leaving issue my will is that their issue (sic) shall have the part as if their father or mother were living shall have been theirs item I give to the children of my sister Richardson deceased one other third part of the monies so raised of the premises part and part alike and if any of them have died or shall die before the premises be sold my will is that the child or children of the party so deceased shall come in for their father or mother's part so much as if the father or mother had been living to part it part and part alike Francis Evered witnesses Jn Biggen Wm Groome (inserted) item I give to the children of my sister Abigail Pott deceased viz Isaac Pott and Sara Crow the other third part of the money that shall be raised out of the foresaid premises to be equally divided between them or their heirs respectively item I give unto
(a cross) Francis Tayspil minor the son of Francis Tayspil jun of Bewers being one of the children he had by my cousin Mary Everit daughter of my brother Isaac Evered deceased all those my lands and houses lying and being in St Edieth called by the name of Medow House or by what name or title soever it be called to have and to hold to him and his heirs forever upon condition that the said Francis
(another cross) shall pay every year during my wife's life the sum of 5li equally amongst the children of my brother Jacob Evered my sister Richardson and my sister Potts afore named deceased and likewise upon condition that after my wife's decease the said Francis shall pay unto his two sisters Abigail Tayspil and Mary Tayspil being all of one mother the sum of 10li apiece or when they shall come to the age of 21yr item I give unto my brother Jacob Evered the sum of 40s to be paid him six months after my decease item I give to the poor of the dutch congregation in Colchester 40s two months after my decease item I give to the poor of Peters parish 20s to be paid as my executrix think meet item I give to Joanna Cock the daughter of Thos Cock my wife's grandchild that I have now in my keeping the sum of 5li to be paid her at 21yr of age all the rest of my goods chattels bonds bills household stuff ready money plate debts movables and immovables and whatever of mine is yet unbequeathed I give and bequeath unto Joanna my beloved wife my debts and legacies being paid and funeral discharged and I do make ordain and appoint Joanna my loving wife sole executrix of this my last will and testament trusting to her power that she will execute the same also I do appoint my said friends mr Jn Gael and mr Jn Milbanke supervisors as well to assist as to see that it be executed and I give to each of them 20s to be paid by my wife when she shall think meet but if it should please god that Joanna my wife should die before me then I do nominate and appoint mr Gael and mr Jn Milbanke aforesaid to be mine executors as also if my wife die before this will be proved and for their pains I give each of them 5li and then my will is that I bequeath unto Joanna Cock afore mentioned my mortgage at Broomely so much as can be made appear to due according to my account or the agreement that shall be made by my executors for my money disbursed and bills of charges which just accounts I have left in writing as also the account of my tenant Wm Stow which he disbursed and I have discharged to have and to hold the said mortgage to her and her her (sic) heirs forever or the money that shall be paid upon the same likewise in such case as is before premised of my wife dying as before expressed then I will that all that by this my will falls to my wife as before specified to wit the residue of my goods chattels bonds bills household stuff ready money plate debts and whatsoever was unbequeathed of mine as before I will that it be equally divided amongst the children of the aforesaid Thos Cock and paid unto them as they shall come to their several ages of 2yr and in the mean time that my said friends mr Gale and mr Milbanke improve the same to their best advantage and if any doubts or ambiguity shall happen to arise about this my will or any the words or clauses therein contained I commit the same to my two afore named friends mr Jn Gael and mr Jn Milbanke to determine and dispose of according to justice and my true meaning and this my last will and testament I set my hand and seal in the presence of those hereunder written and it is contained in two sheets of paper fastened with a layband of parchment together and sealed with my seal and also my hand and seal to each sheet of paper below witnesses Jn Biggen Wm Groome Francis Evered