Wills (ERO D/ACW22/96 D/ACR11/123 Thos Biggesby 1693 1696)

15.6.1693 (Thursday 15 June 1693)

document 5100973

in the name of god amen I Thos Biggesby of Earls Colne in the county of Essex yeoman being aged sick and weak in body but of sound and perfect disposing mind and memory thanks be given to almighty god for the same and calling to remembrance the uncertain estate of this transitory life and that all flesh must yield unto death when it shall please god to call do make and declare this my last will and testament in manner following hereby revoking and making void all and every other will or wills testament or testaments by me heretofore made and declared and this to be taken for my last will and testament only first being penitent and sorry from the bottom of my heart for my sins past most humbly desiring forgiveness for the same I give and commit my soul into the hands of almighty god my blessed saviour and redeemer in whom and by the merits of jesus christ I trust and believe assuredly to be saved and to have full remission and forgiveness for all my sins and my body I desire may be decently buried at the discretion of my ex ecutor hereunder named and as to that estate both real and personal which god hath lent me I dispose thereof as followeth first I give and bequeath unto Sam Finch of Earls Colne in the said county tailor and to his heirs and assigns forever all that messuage or tenement wherein I now live with the yards gardens and backsides to the same belonging both freehold and copyhold lying near and adjoining to a messuage called or known by the name of Gilberts and which I lately purchased of the said Sam Finch provided always and my will and meaning is that Grace my wife shall have and enjoy to her own use during the term of her natural life all the aforesaid messuage or tenement gardens yard and appurtenances thereto belonging except the shop used as a blacksmiths shop and late is in the occupation of Thos Paine she the said Grace my wife paying yearly during the term of her natural life to the said Sam Finch his heirs and assigns the sum of 4d that is to say 1d every quarter of a year upon every quarter day if the same be lawfully demanded and if it shall happen the said Grace my wife shall think fit to resign up and quit the possession of the said messuage or tenement and other the herein aforementioned premises given to her during her life then my will and meaning is that the said Sam Finch his heirs or assigns shall well and truly pay or cause to be paid unto the said Grace my wife yearly during her natural life the sum of 40s of lawful money of England that is to say 10s upon every quarter day viz upon michaelmas lady day christmas day and midsummer day and if the said Sam shall refuse to pay the said Grace my wife the said 40s yearly during her life in manner aforesaid then my will is the said Grace my wife after she hath so resigned shall enter upon the said messuage and premises herein aforementioned the same to enjoy until she be fully satisfied and paid the said 40s a year and the arrears thereof if any be item I give to the said Grace my wife all the wood which shall be in the yard belonging to the house wherein I now live upon condition she burns it in the house wherein I now live but not to give carry away or sell or otherways dispose of the same any other ways than by the burning thereof item my will and meaning is that the said Grace my wife shall have the use of my household goods now standing and being and which at the time of my death shall stand and be in the house wherein I now live during the term of her natural life or so long time as she shall remain and dwell there doing as little harm or prejudice to the same as conveniently can be and after the death of the said Grace my wife or her leaving the said house I give all my said goods and household stuff unto the said Sam Finch his executors or assigns except such household goods as were the said Grace my wife before our intermarriage upon this condition the said Sam Finch his heirs or assigns shall well and truly pay unto my kinsman Wm Willett now or late of Elmsted in the said county 40s of lawful money of England to be paid unto him by the said Sam within twelve months next after his possessing and enjoying of my said household goods item I give unto Jeremiah Bigsby my brother's son and to his heirs and assigns forever all that my copyhold tenement with the yards gardens orchards and appurtenances to the same belonging or thereto used situate upon Earles Colne Greene now in the occupation of Jn Fell which I lately purchased of Jn Amey with all the rent that shall be at the time of my death due and owing to me for the same also I give more to the said Jeremiah Bigseby all the money that shall at the time of my death be due and owing to me from Sam Burton of Earls Colne aforesaid with the bond upon which the same shall appear to be due and liberty if occasion to sue for the same in my executor's name I give and bequeath unto the children of my late sister Eliz Willett 20li of lawful money of England to be equally divided between them share and share like to be paid by my executor within twelve months next after my decease and if it shall so happen that any of them be dead and leave a child or children behind them that then such child or children of him or her that is dead shall have the part or share that the father or mother of such child or children should have had if he or she had been then living and if any of them be dead and leave no child that then the part or parts or share of him her or them so dead without child or children to be equally divided to and amongst those that do survive and the children of those that are dead the part or shares given to the children of those that are dead my will is shall be paid by my executor when they shall attain their respective ages of 21yr item I give unto Wm Bigesby the son of my brother Wm Bigesby of Ringsell in the county of Suffolk wheelwright 10li of lawful money of England to be paid by my executor within twelve months next after my decease and if he happen to be dead before he receive the same then I give the said 10li to him hereby given to his children to be equally divided to and amongst them share and share like and to be paid unto them by my executor hereunder named when they shall attain their age of 21yr item I give unto the sister of the said Wm Bigesby which was the daughter of my brother if she be living at the time of my death 6li of lawful english money to be paid by my executor within twelve months after my decease and my will and meaning that if it shall so happen that after my funeral charges and probate of this my will being first satisfied and paid so that my money and debts owing me will not pay and discharge all my aforesaid legacies herein by me bequeathed that then and in such case and if it shall so happen my will and mind is that what shall fall short shall be equally borne amongst those that I have given legacies unto every one abating proportionately out of their legacy that I have to them and whereas my kinsman Sam Finch is indebted to me in 30li if I have occasion to make use of any of it in my life time I will give him a sufficient discharge for so much as I shall have occasion to receive of him item I do make my kinsman Sam Finch my whole and sole executor of this my will to whom I give after my debts and legacies paid and to his heirs and assigns all bills bonds mortgages monies and securities for monies either of freehold or copyhold lands which are or shall be due and owing or any ways engaged to me the bond from Sam Burton only excepted item I give more to the said Wm Willett all my wearing apparel both linen and woollen two bibles and one other book item I give to Ann Boughtwood the sum of 10s of lawful money of England to be paid by my executor within twelve months after my decease in witness whereof I the said Thos Bigesby have hereunto set my hand and seal this 15.6.1693 signed sealed published and declared by the said Thos Bigesby in the presence of us and we as witnesses have subscribed our names in his presence Geo Toller Hen Hatch Jn Hatch mark Thos Bigesby