Wills (ERO D/ACW23/74 D/ACR12/19 Edw Potter of Colne Engaine 1704 1704)

8.4.1704 (Saturday 8 April 1704)

document 5300795

in the name of god amen I Edw Potter of Colne Engaine in the county of Essex yeoman being sick and weak of body but of sound and perfect disposing mind and memory thanks be given to almighty god for the same do make this my last will and testament in manner following item I give and bequeath unto my two sons Edw Potter and Geo Potter and to their heirs forever all my copyhold and freehold messuages lands and tenements whatsoever held of the several manors of Earls Colne and Colne Pryory and one situate lying and being in Earls Colne in the said county of Essex upon this condition that they the said Edw Potter and Geo Potter shall forthwith or so soon as conveniently they can sell and dispose of all or such part thereof as they shall think fit and the money arising upon the sale thereof to pay and satisfy mr Edw Abbutt all such money as is to him upon mortgage or otherways both principal and interest and also to pay satisfy such sum and sums of money as is and shall be due to the children of my sister Reade and after the said mr Abbutt and the children of my said sister Reade shall be fully satisfied their lawful demands both for principal and interest then what shall remain either in money or land and houses my will and mind is shall be and remain to my said two sons Edw Potter and Geo Potter and to their heirs equally to be divided between them share and share alike and my will and mind further is that in case the said Edw Potter my son shall marry to and with Martha Emery the daughter of Robt Emery deceased then my will and mind is and I do hereby declare that the gift hereby given to my said son Edw shall be void and of none effect and that the part or share before by me hereby to him bequeathed shall be and remain only and solely to my said son Geo and his heirs forever item I give and bequeath unto the said Edw Potter and Geo Potter my sons and to their heirs forever all that my part share and right of in unto part of all that freehold messuage and lands wherein I now live lying in Colne Engaine called Rands otherwise Brickhouse which I purchased to me and my heirs of and from my daughter in law Mary Niccolls after the decease of Ann my now wife upon condition that the said Edw Potter and Geo Potter my sons shall well and truly pay or cause to be paid unto my two daughters Mary now the wife of Edw Russitt and Ann the wife of Joseph Butcher and to each of them the sum of 10li of lawful money of England within six months next after my decease over and besides the 10li which I owe my daughter Mary Russett upon bond item all the rest of my goods chattels cattle corn and stock whatsoever and wheresoever I give to the said Edw Potter and Geo Potter my sons for and towards the paying and satisfying of the debts I now owe or at the time of my death shall owe the debt due to mr Abbutt and my sister Read's children to be no part thereof and I do nominate and appoint the said Edw Potter and Geo Potter my sons sole executors of this my will but in case the said Edw Potter shall hereafter be married to and with the said Martha Emery then my will and mind is that all the gifts to him bequeathed are and shall be void and I give the same wholly and solely unto the said Geo Potter and his heirs and make the said Geo sole executor and that the said Edw Potter shall have nothing to do with anything that is or was mine in witness whereof I the the (sic) said Edw Potter have hereunto put my hand and seal this 8.4.1704 signed sealed published and declared to be the last will testament of the testator in the presence of us and we as witnesses have subscribed our names in his presence Thos Littell Gilb Smith Geo Toller Edw Potter