Wills (ERO D/ACW24/94 D/ACR12/233a Geo Toller 1712 1720)

9.8.1712 (Saturday 9 August 1712)

document 5500925

in the name of god amen I Geo Toller of Earls Colne in the county of Essex being distempered and weak in body but of sound and disposing mind and understanding blessed be god for the same do make this my last will and testament in manner following and first I commend my soul into the hands of almighty god and my boy to the earth to be decently buried in the parish church of Earls Colne aforesaid as near to my pew as conveniently may be and as to such temporal estate as it hath pleased god to bestow I dispose thereof as followeth item I give to Eliz my loving wife for and during the term of her natural life all that my capital messuage or tenement called Knetchballs alias Peverills with all the houses outhouses barns stables yards gardens orchards lands meadows pastures feedings woods woodgrounds and appurtenances thereunto belonging or therewith used and also one tenement with a field thereunto belonging called Dourblewoods with a potash house or office newly erected and built thereupon and also 1a of meadow more or less lying in Kingsmeadow as the same now are in the tenure or occupation of Rich Liddy or his assigns and are situate lying and being in the several parishes of Stanway Copford and Fordham in the said county of Essex or in some or one of them and also one field containing 2a lying in Stanway aforesaid and now in the possession of Hen Houlchin or his assigns also I further give to the said Eliz my wife for the term of her natural life all that my messuage tenement or farm called Fish Pitts with all the houses outhouses malting office barns stables yards orchards lands meadows pastures and feedings thereunto belonging or therewith used as the same are in the tenure or occupation of Jn Barnard or of his assigns and are situate lying and being in the several parishes of Lamarsh and Alphamston in the said county of Essex and after her decease I give the same messuages lands and premises herein before given to my said wife for her life to my four daughters that is to say Eliz Toller Rose Toller Grace Toller and Thomasin Toller and to their heirs and assigns forever item I give to my loving daughter Eliz Toller and to her heirs and assigns forever all that messuage or tenement wherein I now dwell with all the houses outhouses malting office yards gardens orchards lands meadows and pasture grounds lying on the backside thereof and therewith now used and appertaining and also all the plate beds household stuff and household goods whatsoever together with the brewing vessels which are at the time of my decease shall be in and upon the same messuage or tenement or any part thereof item I further give to the said Eliz my daughter and to her heirs and assigns forever one close or parcel of land called Little Lowfields containing 2a more or less and also two crofts of land called Broom Crofts containing by estimation 5a be the same more or less and also one freehold parcel or piece of land called Chalk Pightle now planted with hops containing by estimation 1a2r more or less and I further give to the said Eliz my daughter and to her heirs and assigns forever all those my three pieces or parcels of land commonly called or known by the several names of Pippins Millfeilds and three crofts containing about 12a be the same more or less and I further give to the said Eliz Toller my daughter and her heirs all that tenement with a yard two closes of land and a barn thereunto belonging commonly called or known by the name of Winters containing by estimation 6a be the same more or less item I further give to the said Eliz my daughter and her heirs all those my lands commonly called or known by the names of Chadwells alias Cordwells together with a piece or parcel of ground thereunto belonging now planted with hops all which said messuages lands and premises now are in the tenures or occupations of me the said Geo Toller Isaac Dynes and Jn Bowles (may be Jn Bowles) and are situate lying and being in the several parishes of Earls Colne and White Colne in the said Geo Toller (inserted) county of Essex item I further give to the said Eliz my daughter and her heirs all those two tenements with the yards thereunto belonging now in the several possessions of Sarah Wade widow and Edw Goole lying in Earls Colne aforesaid item I further give to the said Eliz Toller my daughter and her heirs all those three cottages lying in Earls Colne aforesaid and now in the several tenures or occupations of Edw Crow Ann Finch widow and Ann Hatch widow item I further give to the said Eliz Toller and her heirs all the right title and reversion which I have after the decease of Martha Vangaver widow of in or to one messuage or tenement situate upon Colneford Hill in Earls Colne aforesaid and now in the tenure or occupation of Jos Bott which was surrendered to me by Ann Appelton widow item I further give to the said Eliz my daughter and her heirs all that my messuage or tenement formerly a tan office with the yards and barn to the same belonging as the same now are divided into several tenements and now are in the several tenures or occupations of the widow Rayment Wm Peartree (may be Wm Peartree) and Jn Hudson situate in Earls Colne aforesaid item I give and bequeath to my said daughter Rose Toller and to her heirs and assigns forever all that my messuage or tenement heretofore known by the name of Wisemans and now called by the name of the Maiden Head with the houses outhouses yards gardens lands meadows and pastures thereunto belonging and now in the tenure or occupation of Math Clements situate in Stanway and Copford aforesaid but in case she shall after my decease inter marry with Robt Harris then and immediately after such marriage had and solemnised I give and bequeath the said tenement and lands last mentioned called the Maiden Head to my said daughter Eliz Toller and her heirs and assigns forever and my will further is that my said daughter Rose Toller shall give to my executors hereinafter named a full discharge of all legacies and bequests to her given in and by the last will and testament of my late father in law Hen Abbutt and in case she shall refuse to give my executors such discharge within one month after my decease being by them requested so to do then I give the same premises called Wisemans with the appurtenances to my said daughter Eliz Toller her heirs and assigns forever item I give and bequeath to my said daughter Grace Toller and to her heirs and assigns forever all that my freehold messuage or tenement with the houses outhouses yards gardens orchards lands pastures and appurtenances thereunto belonging commonly called or known by the name of Spiggins containing by estimation 30a be the same more or less together with a wood or grove called Spiggins Wood which said lands tenements wood and premises now are in the several tenures or occupations of me the said Geo Toller and Jn Barnard and are situate lying and being in the several parishes of Pebmarsh and Alphamston in the said county of Essex and my will further is that my said daughter Grace Toller shall within one month after my decease upon demand made to her by my executors hereafter named give to my executors a full release and discharge of all legacies given to her by Hen Abbutt her late grandfather deceased and in case she shall refuse to give my executors such discharge as is aforesaid then I give and bequeath the said messuage and lands with the appurtenances called Spiggins and the said wood called Spiggins Wood to my said daughter Eliz Toller her heirs and assigns forever item I give and bequeath to Thomasin Toller my daughter and to her heirs forever all that messuage or tenement with the outhouses yards gardens orchards and appurtenances thereunto belonging situate in Geo Toller (inserted) Earls Colne aforesaid and now in the tenure or occupation of Thos Piper or his assigns item I further give unto the said Thomasin Toller and to her heirs and assigns forever all that my piece or parcel of ground called Lowfeild or otherwise containing about 6a now planted with hops situate lying and being in Earls Colne aforesaid and now in the occupation of me the said Geo Toller also I further give and bequeath to the said Thomasin Toller and her heirs all those my several copyhold tenements lying in Earls Colne aforesaid now in the several tenures or occupations of Jn Sad the younger Jn Fell the elder Jn Hatch Grace King and Geo Peartree and also the tenement late in the occupation of Thos Sexton also I further give and bequeath to the said Thomasin Toller and her heirs one tenement with an orchard thereunto belonging now in the tenure or occupation of Rich Simonds the elder or his assigns also I further give to the said Thomasin Toller and her heirs one piece or parcel of ground lying in the parish of Aldham in the said county containing by estimation 5r of ground more or less and now in the occupation of Thos Leppingwell or his assigns but my will is that my said daughter Thomasin Toller shall also within one month after my decease upon demand made to her by my executors give to my executors a release or full discharge of all legacies given to her by Hen Abbut her late grandfather deceased and in case she shall refuse to give to my executors such discharge then I give the said messuages lands and tenements with all and every the appurtenances given to her the said Thomasin to my said daughter Eliz Toller and to her heirs and assigns forever and my will further is that all my stock corn cattle goods hops hop poles and personal estate whatsoever not herein before given away and disposed of shall so soon after my decease as conveniently may be appraised and sold by my executors hereafter named for the best price that can be gotten for the same and the money arising upon the sale thereof my will is shall be disposed of and applied by my executors towards payment of my just debts and the mortgages which are upon my said lands and tenements or any part of them or any of them and whereas several of the lands and tenements herein before give to my said children are copyhold held of several manors and the fines fees and quitrents due upon their several and respective admissions will amount to considerable sums of money my will and meaning is and notwithstanding any former bequest or bequests by me herein before made of them or of or any of them I do hereby empower my executors hereinafter named to let the lands tenements and premises herein before given to my said four daughters and to every of them for the space of five years after my decease and to have take and receive the rents issues and profits of all the said lands and tenements both freehold and copyhold given to them my said daughters and every of them respectively for and during the said space of five years and the money arising by such receipt during that term my will is shall be by my executors laid out disposed of and employed in the first place towards the payment and discharge of all fines fees and quitrents which shall be due upon the several and respective admissions of my said daughters or any of them to the same lands or such of them as are copyhold and after payment of the same fines fees and quitrents my will is that the residue thereof shall by my executors be paid and employed towards the payment and discharge of my debts in case my said personal estate before by me given for the discharge t hereof shall fall short and not be sufficient for the satisfaction and payment thereof and in case there shall remain any overplus after the payment of the said fines fees quitrents and the remainder of my said Geo Toller debts if any be then my will is and I do hereby give and bequeath such overplus to my aforesaid four daughters to be equally divided between them share and share alike and I do hereby give to my loving kinsmen Edw Abbut and Jonadab Toller each of them a gold ring to the value of 1guin apiece and I do hereby revoke all former and other wills by me heretofore made and do hereby constitute and appoint my said daughter Eliz Toller and my said kinsmen Edw Abbutt and Jonadab Toller to be executors of this my will in witness whereof I have to this my last will and testament written and contained in four sheets of paper set my hand and seal to every sheet of the said paper and my seal to the string that joins the said paper together this 9.8.1712 etc. signed sealed published and declared by the testator within named to be his last will and testament in our presence and we subscribed our names as witnesses hereunto in the presence of the said testator Jn Dobie Dan Finier Jn Eldred Geo Toller