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Wills (ERO D/ABR10/341 Dan Grimston the elder of Feering 1677/8 1679)

17.2.1678 (Sunday 17 February 1678)

document 4801313

in the name of god amen the 17.2.1678 etc. I Dan Grimston the elder of Feering in the county of Essex gent being of good and sound memory thanks be to god do make and ordain this my last will and testament in manner and form following that is to say imprimis I give and devise to my eldest son Dan Grimstone in full satisfaction of all bonds covenants promises and agreements whatsoever made or pretended to be made by me to my brother in law Wm Stebbing gent or to any other person or persons whatsoever before or after the marriage of my said son Dan to Eliz his now wife the daughter of the said Wm Stebbing all those my freehold and copyhold messuage and lands and tenements called Wessells lying and being in Chappell alias Pontesbright in the county aforesaid and also all that my copyhold messuage and lands which I lately purchased of Jn Browne and Jn Browne his son or one of them situate lying and being in Feering aforesaid and 1a of copyhold meadow lying in Colne Mead to hold to my said son Dan his heirs and assigns until my said son Dan his heirs executors administrators or assigns shall refuse to accept thereof in full discharge of such bonds covenants and agreements made or pretended to be made by me as aforesaid or until my said son Dan his executors administrators or assigns shall refuse to cause the executors of this my will to be sufficiently released of and from all such bonds covenants promises and agreements made or pretended to be made by me as aforesaid and of and from all action suit and demand touching or concerning the same and immediately from and after such refusal as aforesaid I give the same freehold and copyhold messuages cottages lands and tenements with the appurtenances to my son Jn Grimston one of the executors hereinafter named and to his heirs and assigns forever if my said son Jn shall take upon him the executorship of this my will in such manner as is hereafter in this my will declared and appointed item further I give and devise my said son Jn Grimston all that my copyhold messuage or tenement called Mooreland or by whatsoever other name or names called or known with all the lands meadows and pastures thereunto belonging with the appurtenances situate lying and being in Earls Colne in the county aforesaid and holden of the manor of Colne Priory and also all that my copyhold cottage or tenement lying and being in Feering aforesaid and holden of the manor of Feering Bury and all that my copyhold cottage or tenement which I purchased of Rich Webb lying and being in Much Tey aforesaid and holden of the manor of Much Tey to hold to my said son Jn and to his heirs forever and whereas by certain articles of agreement indented bearing date on or about the 2.3.1670 expressed to be made between me the said Dan Grimston and my son Sam Grimston now lately deceased of the one part and Sam Richardson of Great Coggeshall in the said county yeoman of the other part in consideration of a marriage then agreed upon between my said son Sam and Susan the daughter of the said Sam Richardson and now the widow and relict of my said son Sam I have covenanted at or before my death to settle an estate in freehold and copyhold lands and tenements of the clear yearly value of 40li to and for such use as in and by the said articles of agreement are mentioned and specified now therefore to prevent all manner of actions and suits touching and concerning the same I do in lieu and in full satisfaction of the said 40li a year to be settled by me according to the said articles of agreement give and devise all that my freehold messuage or tenement situate lying and being in Belcham St Paul in the county aforesaid and all the lands meadows pastures and feedings thereunto belonging with the appurtenances which I purchased of one mr Joseph Hutt and Ann his wife also all my copyhold lands and tenements situate lying and being in Belcham St Paul aforesaid and also all those four cottages or tenements being copyhold situate and being at Churchend in Much Tey aforesaid and also two crofts of copyhold land adjoining to the said cottages or tenements and all that my freehold and copyhold messuage lands and tenements which I lately purchased of Jn Tibball situate lying and being in Much Tey aforesaid all which said freehold and copyhold messuages lands and tenements are of the clear yearly value of 45li which is 5li per annum more than I am by the said articles bound to settle to the uses herein after mentioned that is to say as to so much thereof as is of the clear yearly value of 20li to the use of the said Susan Richardson for and during the term of her natural life in full satisfaction of the jointure and dower of the said Susan and after the decease of the said Susan to the use of the heirs of the body of my said son Sam upon the body of the said Susan lawfully begotten and for default of such issue to the use of the right heirs of my said son Sam forever and as to the residue of the said freehold and copyhold lands and tenements to such uses as my said son Sam in and by his last will and testament hath nominated and appointed that is to say the value of 4li per annum thereof to Susan Grimston one of the daughters of my said son Sam and to her heirs forever the value of 6li more thereof to Ann Grimston another of the daughters of my said son Sam and to her heirs forever and the residue thereof to Jn Grimston only son and heir of my said son Sam and his heirs forever but if the said Sam Richardson to whom in and by the said articles and by bond of 1000li to perform the same articles I stand engaged to settle the said 40li per annum as aforesaid his executors or administrators shall not be satisfied with the said lands and tenements I have in this my will given as aforesaid in lieu of the said 40li per annum and shall not upon demand deliver that part of the said articles of agreement that is under my hand and seal together with the said bond or obligation to my executor to be cancelled or shall not upon reasonable request release or cause my executors to be sufficiently released of and from all action suits and demands whatsoever touching the said articles and bond then I give and devise the said freehold and copyhold lands and tenements to my executors and their heirs forever anything herein contained to the contrary thereof in anywise notwithstanding item I give and bequeath to my daughter Crossman 5li to be paid unto her within three months after my decease item I give to my godson Dan Crossman son of my said daughter Crossman by Hen Crossman her husband the sum of 10li and to the rest of the children of the said Hen Crossman by my said daughter the sum of 5li apiece all the said last mentioned legacies my mind and will is shall be paid unto the males at their respective ages of 21yr and unto the females at their respective ages of 21yr or days of marriage which shall first happen and in case any of them shall happen to depart this life before his her or their legacies shall become due and payable his her or their legacies so dying shall go to the survivors or survivor part and part alike and in the meantime my mind and will is that my executors shall pay to my said daughter Crossman interest for the same after the rate of 6li percent at the to most usual feast days in the year viz the annunciation of the blessed virgin mary and saint michael the archangel by even and equal portions the first payments to be made at which of the said feast days shall first happen next after my decease item I give to all the children of my said son Dan 40s apiece to be paid at the respective ages of 21yr of the sons and the respective ages of 21yr of days of marriage of the daughters which shall first happen and if any of them shall happen to depart this life before their respective legacies shall become due and payable his her of their legacy so dying shall go and remain to the survivors or survivor share and share alike and in the meantime the same to remain in the hands of their said father item I give to the poor of the parish of Feering aforesaid 40s and to the poor of the parish of Great Coggeshall 20s to be paid into the hand of the respective overseers of the poor of the said parishes within one month next after my decease and to be by them distributed amongst their respective poor at their discretion item all mortgages leases bonds bills money plate household goods and all and whatsoever else I have of a real or personal estate of what nature or kind soever my debts legacies funeral expenses and the probate of this my will being first paid and discharged I give and bequeath unto my said sons Dan Grimston and Jn Grimston and their heirs equally to be divided between them by my supervisors hereinafter named and I ordain constitute and appoint my said sons Dan Grimston and Jn Grimston executors of this my last will and testament and I also constitute and appoint my loving friends Joseph Drywood of Great Coggeshall aforesaid gent and Jn Raven of Feering aforesaid yeoman supervisors of this my will and do give unto them 40s apiece to be paid within one month after my decease and if any difference or controversy shall at any time hereafter happen or arise between my said executors anyways touching the executorship or in the management thereof for the prevention of suits at law or in equity that thereupon may happen between my said executors my mind and will is that my said supervisors or the survivor of them shall from time to time have the hearing and determining such controversy or difference and I desire my said supervisors to assist my executors which they can in the said executorship by their advice and counsel and do charge my executors to submit to their advice and counsel the blessing of eternal god be upon all my children and grandchildren in witness whereof to this my last will and testament contained in four sheets of paper I have to every one of them set my hand and seal the day and year first above written the mark of Dan Grimston signed sealed and published in the presence of us Chas Chamberlaine Hen Overall Joseph Drywood jun Wm Richardson