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Wills (ERO D/ACW23/117 D/ACR12/53 Mary Bayly 1705)

18.4.1705 (Wednesday 18 April 1705)

document 5300962

know all men by these presents that I Mary Bayly widow late the wife of Simon Bayly of Earls Colne in the county of Essex yeoman being very weak and infirm in body but of a sound and perfect mind and memory thanks be to god do make and ordain this my last will and testament in manner following viz whereas upon my marriage with my said late husband he did enter into bond unto Thos Wright and Abrm Vangaver in the penal sum of 100li or some such sum with condition that I the said Mary Bayly at or after the solemnising of our said then intended marriage with or without the consent of him the said Simon Bayly should and might dispose of the sum of 60li of lawful money of England and also such household goods linen and all other goods as were my former husband's Robt Harrington's deceased in and by my last will and testament in writing or by any other writing under my hand and seal testified by two or more credible witnesses as by the said bond may appear by virtue whereof I did before my intermarriage with the said Simon make and publish my last will and testament in writing and did thereby give and dispose of my household goods and also of the said 60li unto my kinswomen Mary Nicholl Eliz Nicholl Ann Nicholl and Sarah Nicholl daughters of my late brother Jn Nicholl deceased equally to be divided between them which said will I left in the hands of the said Abrm Vangaver and whereas since my marriage with the said Simon Bayly I have thought most fit and convenient to settle and dispose of the said 60li and of my household goods in my lifetime and accordingly I have laid out the sum of 60li mentioned in my said will in a purchase of messuages or tenements in Earls Colne aforesaid one of which viz a certain messuage or tenement situate in a certain street called Hold Street in Earls Colne aforesaid in the several occupations of Wm Rayner and Judith Rayner widow or their assigns I have settled upon myself for life and after my decease unto the said Ann Nicholl and her heirs the other of which viz all that messuage or tenement situate in Earls Colne aforesaid now in the occupation of Jacob Cranfield I have also settled upon myself for life and after my decease upon the said Mary Nicholl and her heirs and have also secured the sum of 20li to be paid unto the said Sarah Nicholl out of the messuage wherein my said late husband Simon Bayly lately dwelt at her age of 21yr or day of marriage which sever al houses and monies settled as aforesaid do amount unto more than I had power to dispose of by the said agreement and I have also disposed of the best of my household goods and linen amongst my relations now therefore I do in the first place revoke annul and make void the said will or testamentary writing herein before recited left in the hands of the said Abrm Vangaver and all matters and things legacies and bequests therein mentioned and contained and do declare hereby that my mind and will is that the same shall be void frustrate and of none effect to all intents and purposes and also all other will and wills by me heretofore made and I do hereby declare that the said Abrm Vangaver does detain the said will in his hands contrary to my intent and meaning I having often sent for it in order to cancel the same item I give and bequeath unto my kinswoman Eliz Nicholl the sum of 15li to be paid her by my executor hereinafter named at her age of 21yr or day of marriage which shall first happen and lastly I do nominate and appoint my kinsman Joseph Bayly brother of my son in law Dan Bayly sole executor of my last will and testament in witness whereof I have hereunto set my hand and seal the 18.4.1705 and 4Anne1 signed sealed published and declared by the testatrix in our presence and after in her presence attested and subscribed by us mark Mary North mark Ann Coney S Grimston mark Mary Bayly