Wills (ERO D/ACW23/254 D/ACR12/158 Rich Capline 1708/9 1709)

10.2.1709 (Thursday 10 February 1709)

document 5400236

in the name of god amen I Rich Capline the elder of Earls Colne in the county of Essex innholder being sick and weak in body but of a good and perfect mind and memory thanks be to almighty god for the same and calling to remembrance the uncertain estate of this transitory life and knowing that all flesh must yield unto death when it shall please god to call do make constitute ordain and declare this present writing to be and contain my last will and testament in manner following that is to say first and principally being penitent from my heart for all my sins past most humbly desiring of god forgiveness of the same I give and commit my soul into the hands of almighty god my only saviour and redeemer in whom and by the alone merits of jesus christ I trust and believe assuredly to be saved and to have full remission and forgiveness of all my sins and that my soul with my body at the general day of resurrection shall arise again with joy and through the merits of christ's death and passion possess and inherit the kingdom of heaven prepared for his elect and chosen and my body to be buried in christian sepulchre according to the discretion of my executor hereafter named and now for the settling and disposing of my estate both real and personal as it hath pleased god far above my deserts to bestow upon me I dispose thereof as followeth item I give and bequeath unto my eldest son Jn Capline and to his heirs forever from and after the decease of Ann my now wife to whom I give the same for her life all that part of my freehold messuage or tenement called Giffords and Lickmans with the entry and several rooms their lying together next to the river together with the malting house and chamber over the same cistern in the said malting house kilne and kilne house stable straw house mill house and horse mill therein yard or passage way lying at the end of the said house between the malting house and mr Cressener's meadow yard lying near the kilne and behind the stable and mill house the yard where the pump now stands so far as belong to that part of the house and formerly separated and parted all which said messuage and premises my deceased father Rich Capline had and purchased to him and his heirs of and from Jn Hunwick in and by indenture bearing date the 28.5.1642 which said premises are situate lying and being in Earls Colne aforesaid now in my own possession item I give and bequeath unto my second son Nich Capline and to his heirs and assigns forever all that my other part of the messuage or tenement aforesaid called Giffords and Lickmans and now called or known by the name or sign of the White Hart containing the several rooms following that is to say four lower rooms three sollars or chambers over the same and also all that new end or addition of building lately erected or built being now used for a brewhouse and adjoining to the said lower rooms together with a new building erected and now used for a buttery in the said yard together with the stable and hogs cotes standing in the yard belonging to the said devised premises which said several rooms or part of them are in or adjoining to the entry of the said messuage or tenement given to my said son Jn Capline and are leading from the said entry towards Colchester together with liberty for my said son Nich Capline and his assigns to enter into the pump yard given to my said son Jn Capline at all seasonable times to go to the pump there now standing to fetch and draw water for his and their occasions and also all that part or parcel of the yard belonging to the said messuage or tenement now called the White Hart containing by estimation 10ft in breadth from the main post standing near the hinder part of an oven part of the premises and also all that yard whereon the new erected buttery woodstack stable and hogs cotes now stand and also all that yard orchard or pound now planted with cherry trees and all other the buildings rooms yards and appurtenances now belonging to and used with that part of the premises called the White Hart situate in Earls Colne aforesaid and now in my own possession and were heretofore purchased by my late deceased father Rich Capline of and from Alan Hunwicke and Edith Hunwicke his mother and Joseph Hunt and by indenture of feoffment bearing date the 29.10.22Chas1 upon this confidence and desiring the said Nich Capline my son to permit and suffer the said Ann my wife to dwell and abide with him in some part of the premises so long as she shall then be fit hoping she will be aiding and assisting him in his business item I give and bequeath unto my third son Rich Capline and to his heirs forever all that my copyhold messuage or tenement with the yards gardens and appurtenances to the same belonging now in the several possessions of Jn Bowles (may be Jn Bowles) and Esdras Wade and also all that copyhold field parcel of Jennings and a barn thereupon standing or near adjoining called the Boarded Barne and now in my own possession with their and every of their appurtenances and are situate and lying together in the parish of White Colne in the said county and held of the manor of Barwick Hall upon condition that the said Rich my son shall well and truly pay unto mr Nich Peirce all such money as I now or at the time of my death shall owe or be engaged unto him item I give and bequeath unto my daughter Ann the wife of Jon Tiffin 20li of lawful money of Great Brittaine to be paid unto her within two years after the decease of the said Ann my wife by my executor hereunder named that is to say 10li part thereof within one year after my wife's decease and the other 10li within two years after my said wife's decease item I give to my daughter Mary 10li of the like money 5li part thereof to be paid within one year after my wife's decease and the other 5li within two years after my wife's decease by my executor hereunder named item I give unto my daughter Sarah the wife of Dan Spilsden 30li of the like money 15li part thereof to be paid unto her within one year after my wife's decease and the remaining 15li within two years after my wife's decease by my executor hereunder named item I give to my daughter Margt Capline 20li of the like money 10li part thereof to be paid unto her within one year next after my wife's decease and the remaining 10li within two years after my wife's decease by my executor hereunder named item I give to my granddaughter Ann Tiffin 10li of the like money to be paid to her at her age of 21yr by my executor hereafter named item all my gods chattels household stuff and implements of household stuff malt beer brewing office as it stands hogsheads tubs wood in the yard corn threshed and unthreshed growing and to be growing upon the lands and grounds I hold wagons tumbrel horses mares plough harness cart harness hogs and all other my goods chattels and estate both real and personal whatsoever and wheresoever unbequeathed I give unto my said son Nich Capline for the payment of my just debts legacies and funeral expenses and I do hereby nominate and appoint the said Nich Capline my son full whole and sole executor of this my will hoping he will justly and honestly perform the same in every respect and be kind and careful of his mother so long as she please to dwell and abide with him in witness whereof I the said Rich Capline the elder to this my last will and testament have hereunto put my hand and seal this 10.2.1709 signed sealed published and declared to be the last will and testament of the testator in the presence of us and we as witnesses have hereunto subscribed our names in his presence Geo Toller Robt Harris mark Ann Drane mark Rich Capline