Wills (ERO D/ACW21/14 D/ACR10/269v Sam Newton 1688 1689)

22.10.1688 (Monday 22 October 1688)

document 5000706

in the name of god amen the 22.10.1688 etc. I Sam Newton of Earls Colne in the county of Essex yeoman being very aged and sick in body but of sound and disposing mind and memory do make and ordain my last will and testament as followeth viz first and principally I resign my soul to almighty god who gave it hoping for mercy through the alone merits of christ my saviour and my body to be decently buried at the discretion of my executrix hereafter named and as that worldly estate which god in mercy hath lent me I dispose thereof as followeth first I give to Phil Cock my son in law and his heirs all my copyhold messuages lands and tenements with their appurtenances held of the manor of Spooneshall or otherwise within the parishes of Pebmarsh and Gaines Colne in the said county of Essex to hold to the said Phil my son and his heirs forever but whereas my beloved wife Margt is joint purchaser with me of the greater part thereof to hold to her for the term of her natural life my will and meaning is that she shall also have the stock thereof which shall happen to be thereupon at my decease but my will is that she shall leave as good a stock thereupon at her decease to my said son Phil Cock his executors administrators and assigns but nevertheless my further will and meaning is that the said Phil my son or his heirs shall have the said lands only upon this condition namely that he or they do pay or cause to be paid unto my son Sam Newton his executors administrators or assigns the sum of 45li of lawful money within three months after my decease and also 70li more of like money to my said son Sam his executors administrators or assigns together with 70li also to my daughter Sarah within one year after the decease of my said beloved wife and if my said son Phil Cock his heirs or assigns shall refuse or neglect to pay the said legacies in manner and form as aforesaid to my said son Sam and daughter Sarah their executors administrators or assigns then my will is that my said son Sam and daughter Sarah their executors administrators or assigns shall enter upon and sell the said messuages lands and tenements for the best price they can get and out of the monies raised by the sale thereof to satisfy themselves their said legacies and reasonable charges rendering to my said son Phil his heirs or assigns the remainder of the said money item I give to my son Jn Newton and his heirs all that my freehold wood with the appurtenances called Kingsland Wood lying in the parish of White Colne in the said county provided always nevertheless and my will and meaning is that my said son Jn or his heirs do before he enter upon the same or any part thereof and before he fell sell cut down or carry away any of the wood tree or trees there growing or being at my decease well and truly pay or cause to be paid 105li of lawful money to my daughter Ann her executors administrators or assigns and also 35li of like money to my daughter Sam Newton Jn Scatt Thos Gilbert Robt Smith (inserted) Sarah her executors administrators or assigns and also my will and meaning further is that if my said son Jn or his heirs do refuse or neglect to pay as aforesaid the said legacies to my said daughters Ann and Sarah their executors administrators or assigns or do enter upon fell sell or carry away out of the said wood any tree or trees wood or underwood before the said legacies be paid as aforesaid to my said daughters Ann and Sarah their or either of their executors administrators or assigns then my will is that they shall enter upon and sell the said wood with the appurtenances for the best price and satisfy themselves their said legacies and reasonable charges respectively rendering to my said son Jn or his heirs the remainder of the said money if there be any item I give to my son Sam Newton 20li of lawful money and to my son Jn Newton and to my said daughters Ann and Sarah 10li apiece of like money to be paid to each of them accordingly by my executrix within three months after my decease and whereas there was a mortgage heretofore taken in the name of Eliz my daughter now deceased which said mortgage was made for security of 30li lent to Wm Bridge which money is yet unpaid I do hereby give the said mortgage lands or the money to my said son Jn his heirs executors administrators or assigns item I give all my linen woollen and household stuff of what nature or kind soever to be equally divided amongst my said son Sam and three daughters Margt Ann and Sarah share and share alike all the rest of my goods and chattels not formerly here bequeathed I give to my said beloved wife whom I make sole executrix of this my last will and testament in witness whereof I have to each sheet of this my will set to my hand being two sheets and to this sheet my hand and seal the day and year first above written signed sealed and published in the presence of Jn Scatt Thos Gilbert Robt Smith Sam Newton