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Wills (ERO D/ACW19/82 D/ACR9/243v Jas Gibson 1677/8 1678)

2.2.1678 (Saturday 2 February 1678)

document 4801739

be it remembered that I Jas Gibson of Earls Colne in the county of Essex linen draper though sick and weak in body yet of good and sound memory thanks be to god do make and ordain this my last will and testament in manner and form following imprimis I give and devise unto my brother in law Wm Allen of Earls Colne aforesaid grocer and Martha his wife my sister all those my two several rentaries or tenements with their and every of their appurtenances situate lying and being together in a certain lane commonly called or known by the name of Malden Lane in Colchester in the said county and now or late in the several tenures or occupations of Miles Chambers and Thos Brinar their respective assignee or assigns to the said Wm Allen and Martha his wife for and during the term of their natural lives and the life of the longer liver of them upon condition nevertheless that my said brother Wm Allen and Martha his wife or one of them do and shall pay or cause to be paid the sum of 20li of lawful money of England to the several persons herein after named in manner and form herein after mentioned chargeable nevertheless with one annuity or yearly rent charge of 40s of lawful money of England to be paid to my sister Susan the wife of     Wells of Sudbury in the county of Suffolk carpenter during the natural life of my said sister Martha Allen if she the said Susan Wells shall so long live and after the decease of my said sister Martha if my said sister Susan shall her survive then chargeable with one annuity or yearly rent charge of 3li to be paid to my said sister Susan in such manner and form as is herein after mentioned and after the several deceases of the said Wm and Martha his wife I give and devise the said rentaries and tenements with the appurtenances to the three children of my said sister Susan Wells by the said Robt Wells her husband and their heirs chargeable nevertheless with the said annuity or yearly rent of 3li to my said sister Wells as aforesaid until my brother Sam Gibson shall satisfy and pay unto my said sister Martha the full sum of 30li which Jas Gibson my late father deceased did in and by his last will and testament give and devise to be paid to me out of a certain messuage and malthouse with appurtenances now or late in the occupation of one Jeremy Loane and situate and being at the Hive in Colchester aforesaid which said 30li hath been due to be paid to me several year past together with legal interest for the same to be accounted immediately from and after my decease which said 30li and interest my mind and will is shall be paid to my said sister Martha within three months after my decease to the uses herein after mentioned and immediately after payment of the said 30li and interest at the time aforesaid and after the decease of the said Wm Allen and Martha his wife I give and devise the said rentaries or tenements with the appurtenances to the issue male of my said brother Sam Gibson if such issue male shall be named by my name and to his heirs upon condition such issue male do pay to the two eldest children of my said brother Sam Gibson 10li apiece within one year after such issue male shall come to enjoy the said rentaries or tenements chargeable nevertheless with the said annuity or yearly rent of 3li to my said sister Susan Wells as aforesaid in manner and form as is herein after mentioned item I give and devise to my said sister Susan Wells one annuity or yearly rent charge of 40s to be issuing and going out of the said rentaries or tenements with appurtenances herein aforementioned to be devised to the said Wm Allen and Martha his wife the said annuity or yearly rent to be paid yearly and every year at or in the now dwelling house of Jn Furley the younger merchant situate in Colchester aforesaid on the 25.3. to my said sister Susan Wells for and during the term of the natural life of my said sister Martha Allen if my said sister Susan Wells shall so long live and after the decease of my said sister Martha Allen if my said sister Susan Wells shall her survive I give and devise my said sister Susan Wells one annuity or yearly rent of 3li of lawful english money to be issuing and coming out of the said rentaries or tenements the said annuity or yearly rent to be paid yearly and every year at the place of payment aforesaid upon the 25.3. to my said sister Susan Wells for and during her natural life the first payment of the said annuity or yearly rent of 40s to begin and be made upon the 25.3. which shall first happen next after my decease and the first payment of the said annuity or yearly rent of 3li to begin and be made upon the 25.3. which shall first happen next after the decease of my said sister Martha Allen and my mind and will is that the said annuity of 40s and the said annuity of 3li shall from time to time as the same shall come due and payable be at the disposition of my said sister Susan Wells and that the said Robt Wells her husband shall not have power to demand or receive the same or any part thereof but the same shall from time to time be paid into the hands of my said sister Susan and her acquittance from time to time under her hands in writing of the payment thereof shall be a good discharge in law to those that are concerned to pay the same anything in this my will contained to the contrary in anywise notwithstanding and whereas before in this my will mention is made of 30li to be paid by my said brother Sam Gibson to my said sister Martha Allen within three months after my decease together with interest for the said 30li from the time of my decease to the said time of payment thereof which said 30li I give and bequeath to the three children of my said sister Susan Wells equally to be divided amongst them and to be paid unto them at their respective ages of 21yr and in the meantime the same shall remain in the hands of my said sister Martha Allen she allowing interest for the same after the rate of 5li percent until the said 30li shall be paid to the said children as aforesaid which interest my mind and will is shall from time to time be laid out by my said sister Martha in clothing and other necessary provision for the said children and whereas at several times I have lent to my said brother Sam Gibson several sums of money amounting to 10li and upwards which he now oweth me now by way of legacy I do give and devise all and every the said several sums of money to my said brother Sam and from the same so by this my will release and acquit my said brother Sam and do further give unto him 5s to be paid unto him within four months after my decease and whereas before in this my will I have given my said rentaries or tenements to the said Wm Allen and Martha his wife for their lives upon condition that they pay the sum of 20li to such persons as in this my will should be named now I give and dispose of the said 20li in manner and form following first I give 5li thereof to my uncle Rich Ayleward to be paid unto him within one year after my decease item 5li more thereof I give to Rich Ayleward son of my uncle Math Ayleward to be paid unto him within two years after my decease item 5li more thereof I give to Eliz Ayleward and Alice Ayleward daughters of the said Math Ayleward equally to be divided between them and to be paid within three years after my decease and 5li more residue of the said 20li I give to my cousin Jas Potter of Markestey in the said county of Essex yeoman to be paid unto him within four years after my decease and lastly I give and bequeath all my personal estate to my said sister Martha Allen whom I ordain and appoint sole executrix of this my last will and testament in witness whereof to this my last will and testament contained in three sheets of paper I have to every of them set my hand and seal this 2.2.1678 sealed and published in the presence of us Jn Hall Susanna Chapman Jas Gibson