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Wills (ERO D/ACW24/189 D/ACR12/278 Eliz Smith 1714 1715)

17.7.1714 (Saturday 17 July 1714)

document 5600049

in the name of god amen I Eliz Smith of Earls Colne in the county of Essex widow being in good health and 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 hereby revoking all former wills by me made first and principally I commend my soul into the hands of almighty god my most merciful creator hoping to be saved through the alone merits of jesus christ my most gracious redeemer and my body I desire be decently interred at the discretion of my executor hereinafter named and as to that worldly estate wherewith it hath pleased god to bless me I dispose thereof as followeth imprimis I give and devise unto my eldest son Wm Smith and to his heirs forever all that my messuage or tenement and farm with the lands and tenements thereunto belonging with the appurtenances in Earls Colne aforesaid now in the occupation of Thos Stead and all that my cottage with the appurtenances in Earls Colne aforesaid in the occupations of Thos Pudny and Jn Dore and also all that my hopground with the appurtenances in Earls Colne aforesaid in the occupation of my said son Wm upon condition that my said son Wm Smith and his heirs shall and do pay unto my daughter Jane the wife of Jas Robinson or her assigns yearly and every year for and during the term of her natural life the sum of 5li a year of lawful money of Great Britain the first payment to begin and to be made within one year next after my decease and in case my said son Wm Smith or his heirs shall refuse or neglect to pay the said 5li a year or any part thereof unto my said daughter Jane Robinson or her assigns then I will that it shall and may be lawful to and for my said daughter Jane Robinson or her assigns into the said messuage cottage lands hopground and premises herein before given unto my said son Wm Smith to enter and the same peaceably and quietly to have and enjoy and the rents issues and profits thereof to receive and take until the said annuity of 5li and all arrears thereof if any shall be together with all reasonable charges shall be fully satisfied and paid and also upon this further condition that my said son Wm Smith and his heirs shall and do from time to time and at all times permit and suffer my son Gilb Smith and his heirs peaceably and quietly to hold and enjoy 2a2r of copyhold meadow lying and being in a common meadow in Colne Engaine in the said county and holden of the manor of Goldington hereinafter given unto my said son Gilb Smith and his heirs which said copyhold I am not as yet admitted and I will that my said son Wm and his heirs shall and do at and upon the request and costs and charges of my said son Gilb and his heirs release all his right and title to the same unto him my said son Gilb Smith and his heirs and in case my said son Wm Smith or his heirs shall at any time or times molest or disturb my said son Gilb Smith or his heirs in his or their quiet and peaceable possession and enjoyment of the said 2a2r of meadow or any part thereof or refuse to release the right and title in the said premises unto my said son Gilb and his heirs then I give and devise my foresaid messuage farm and lands in the occupation of the said Thos Stead and my aforesaid cottage and hopground with their appurtenances unto my said son Gilb Smith and his heirs forever paying unto my said daughter Robinson the aforesaid annuity of 5li a year for and during the term of her natural life as aforesaid item I give and devise unto my said son Gilb Smith and his heirs forever all that my messuage farm and lands as well freehold as copyhold in Colne Engaine aforesaid and White Colne or in one of them in the said county of Essex lately purchased by my late husband mr Gilb Smith deceased of and from     Crick and Mary his wife in full discharge of the legacy of 200li given unto him in and by the last will and testament of my said late husband and his late father mr Gilb Smith and in full discharge of the sum of 50li which I now owe him item I give and devise unto my son Thos Smith and his heirs forever all that my messuage farm and lands as well freehold as copyhold situate lying and being in Colne Engaine and White Colne aforesaid or in one of them and lately purchased by my said late husband mr Gilb Smith of and from Solomon Carter and now in the occupation of Benj Ward in full discharge of the legacy of 200li given unto him in and by the last will and testament of my said late husband mr Gilb Smith my said son Thos or his heirs paying out of the same unto my son Jn Smith at his age of 21yr the sum of 70li and in case my said son Thos Smith or his heirs shall refuse or neglect to pay the said legacy of 70li or any part thereof contrary to this my will then my will and Eliz Smith (inserted) meaning is that it shall and may be lawful to and for my said son Jn or his assigns at any time after such neglect or refusal to enter into and upon the said messuage farm and lands with the appurtenances herein before given unto my said son Thos and his heirs and the same peaceably and quietly to hold and enjoy and the rents issues and profits thereof to receive and take until the said legacy of 70li and all reasonable charges shall be fully satisfied and paid item I give and devise all that my copyhold messuage farm and lands and tenements thereunto belonging with their and every of their appurtenances situate lying and being in Earls Colne aforesaid and now in the occupation of Ann Raven widow or her assigns and holden of the several manors of Earls Colne and Colne Priory lately purchased of my late brother Jn Josselin deceased to be sold by my executor hereinafter named with all convenient speed after my decease and I do hereby authorise and empower my said executor to sell the same and I will that the rents and profits of the same until such sale shall be received by my said executor and that the said rents and profits until such sale and the monies arising by such sale shall be paid and disposed of by my executor as is hereinafter mentioned viz for the discharging of a debt of 300li for which the said premises are mortgaged and after payment thereof for the paying and discharging of two legacies of 200li each given unto two of my children namely Eliz and Jn in and by the last will and testament of my late husband Gilb Smith and in case the monies arising by such sale and the rents and profits of the said premises until such sale shall not be sufficient to discharge the said debt of 300li and to pay and discharge the said two legacies unto the said Eliz and Jn my children then I will that my said executor shall make up the same out of my personal estate item I give to my said son Jn Smith the sum of 30li to be paid by my executor at his age of 21yr item I give and devise all that my messuage or tenement wherein I now dwell with the yards gardens orchards waste ground lands and tenements thereunto belonging as well freehold as copyhold with the appurtenances now in my own occupation and in the occupation of Ann Raven widow lately purchased of my late brother in law mr Edw Day and Mary his wife to be sold by my executor hereinafter named with all convenient speed after my decease and I do hereby give him full power and authority to sell the same and to receive the rents and profits until such sale and my will and meaning is that the rents and profits until such sale and the monies arising by such sale shall be paid and disposed of as is hereinafter mentioned viz that my said executor shall retain 200li thereof in his own hands for his own proper use and shall pay unto my daughter Eliz within ten days after receipt of the purchase monies 200li more thereof in case the same shall amount to so much and my personal estate not herein otherwise bequeathed shall be sufficient for my funeral expenses and payment of my debts and legacies but in case the same shall fall short then so much to be abated out of the 200li ordered to be paid unto my said daughter Eliz item I give to my said daughter Eliz all my childbed linen and childbed things and all my wearing linen and clothes except my best gown and petticoat and scarlet petticoat which I give unto my daughter Robinson item I give to my said son Gilb Smith my pair of silver candlesticks and silver snuff dish and snuffers item I give to my daughter Jane Robinson my large silver porringer half a dozen of silver spoons all of one sort and half a dozen silver forks to be at her disposal as she shall think fit item I give to my son Thos Smith my large silver salt and two pair of trencher salts and half a dozen silver forks item I give to my daughter Eliz Smith my silver basin a set of silver castors and half a dozen silver spoons item I give to my son Jn Smith my small silver porringer and my silver plate item all the rest and residue of my goods chattels plate household stuff and personal estate whatsoever after my debts legacies and funeral charges shall be satisfied paid and discharged I give and bequeath unto my said son Gilb Smith and lastly I do nominate and appoint my said son Gilb Smith sole executor of this my last will and testament in witness whereof I the said Eliz Smith to this my last will and testament contained in two sheets of paper have to each sheet set my hand and seal the 17.7.1714 etc. signed sealed published and declared by the testatrix in our presence and in her presence attested and subscribed by us M Grimston S Grimston Mortlock Coldham Eliz Smith