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Wills (ERO D/ABR18/27 Edw Abbott of Copford 1714 1720)

10.7.1714 (Saturday 10 July 1714)

document 5600583

in the name of god amen I Edw Abbott of Copford in the county of Essex gent being of a sound mind and disposing memory and in good health of body blessed be god for the same do make and ordain this my last will and testament in manner and form following imprimis I give devise and bequeath all and singular my messuages lands tenements hereditaments and appurtenances whatsoever either freehold or copyhold in the parish of Earls Colne in the county of Essex and the reversion and reversions remainder and remainders rents issues and profits thereof and every part and parcel thereof unto Carpel Luckin of Messing in the said county of Essex gent and Jon Oddy of the same gent and to their heirs and assigns forever nevertheless upon the several and respective trusts hereinafter limited and declared and to make such entries or to do such other acts as shall be in that behalf or to that purpose are necessary but not to take and convert any of the rents or profits of the premises to their or any of their own use or benefit that is to say upon this special trust and confidence to the intent only that they the said Carpel Luckin and Jon Oddy or the survivor of them or the heirs of such survivor shall and will as soon as conveniently may be after my decease make sale of all my said customary or copyhold messuages or tenements lands and hereditaments herein before devised or of such parts thereof only whereof no legal enfranchisement can be had or obtained as to him or them in his or their discretion shall seem meet for the best price that can or may be gotten for the same and my will is that all the money arising by such sale of the premises reasonable charges and expenses being thereout first deducted shall be laid out as soon as possible in the purchase of an estate in fee simple in the county of Essex as near Coptford as possible but my mind and will is that it shall and may be lawful to and for the said Carpel Luckin and Jon Oddy and the survivor of them and the heirs and assigns of such survivor if he or they shall think fit out of the money arising by such sale as aforesaid or out of my personal estate hereinafter bequeathed to them to purchase and procure the legal enfranchisement of any part of the said copyhold premises which said lands and hereditaments so enfranchised if any be and every of them with their appurtenances shall be in due form of law conveyed settled and assured to and upon the said Carpel Luckin and Jon Oddy and their heirs to and upon the survivor of them and his heirs and assigns forever upon such trusts as shall be thereof hereinafter declared item I give and bequeath unto Mary my loving wife all the household goods and furniture which at the time of my decease shall be standing or being in any one room belonging to my then dwelling house of which said room I will my said wife shall have her choice and election the said goods and furniture to be delivered to her within one month next after my decease item I give and bequeath unto my kinsman Hen Abbutt son of captain Abbutt late of Earls Colne aforesaid deceased the sum of 10li to buy him mourning item I give and bequeath unto Joseph Abbutt and Edw Abbutt sons of the said captain Abbutt the sum of 5li apiece to be paid to them respectively within one year next after my decease item I give and bequeath unto the said Carpel Luckin and Jon Oddy and the survivor of them their executors and administrators all and singular my goods chattels household stuff household goods stock within doors and without debts bills bonds mortgages and securities for money and all other my personal estate of what nature sort or kind whatsoever and wheresoever upon this further trust and to the only intent and purpose that they the said Carpel Luckin and Jon Oddy or the survivor of them or the executors or administrators of such survivor shall and will as soon as conveniently may be after my decease pay and discharge all my debts legacies and funeral charges and the charges of the probate of this my will and my further mind and will is that all the rest and residue of my personal estate other than what shall be necessary for the enfranchisement of any of my said copyhold lands and hereditaments and the sum of 300li to be laid out as hereafter is directed shall by my said trustees be laid out in the purchase of messuages lands or tenements in fee simple according to the directions aforesaid to them and their heirs of which lands and premises when purchased and every part and parcel thereof they the said Carpel Luckin and Jon Oddy and their heirs shall stand and be seised to the only uses intents and purposes hereinafter limited and declared and to and for no other uses intents or purposes whatsoever and my mind and will is that the said sum of 300li so received out of my personal estate as aforesaid shall as soon as conveniently may be after my decease be employed laid out in the most frugal manner by the advice of able workmen in the erecting and building an house fit and proper for a school for the education of poor children with conveniences and appurtenances therein necessary for a schoolmaster and his family and all other necessary buildings contiguous thereunto for a chapel and accommodation of the master and scholars and that they shall lay to the school convenient ground for yards and gardens to be made fit and suitable to the school land number of scholars to be therein placed and my will is that the said chapel be consecrated and set apart for the celebrating of divine service according to the u sage of the church of England and that the same be furnished with a pulpit and other things convenient for that purpose which house buildings and chapel shall be made and placed as near as conveniently may be to the burial place of my late father in Coptford aforesaid and shall be called or known by the title of the Charity School and shall from time to time be used holden and enjoyed to and for the several and respective charitable and pious use and uses intents and p urposes herein before and herein after directed and appointed and my will is that the said Carpel Luckin and Jon Oddy and the survivor of them and the heirs and assigns of the survivor shall and will within one month next after my decease by good assurance in the law containing such usual and necessary covenants as the said Mary my wife or her counsel learned in the law shall personally advise and require grant and convey all such lands tenements and hereditaments being freehold enfranchised or purchased as aforesaid and every of them with their appurtenances to the said Mary my wife or her assigns or to such person or persons as shall be by her or them appointed for the term of ninety nine years determinable on her death and that the said premises when purchased shall stand and be charged with the payment of one annuity or yearly rent or sum of 60li of lawful british money to my said wife and her assigns for her better maintenance and livelihood for and during the term aforesaid if she shall happen so long to live at or upon the four usual feast days or time of payment in the year that is to say the annunciation stjn michaelmas and xmas by even and equal portions the first payment thereof to begin and to be made at such of the said feast days as shall first happen after my decease and all the said payments to be made without any deductions or abatements to be made for or on account of any public or other taxes or charges whatsoever and that the said Carpel Luckin and Jon Oddy or the survivor of them and the heirs and assigns of such survivor shall and will out of the rents and profits of the said several lands and hereditaments so given enfranchised or purchased as aforesaid or some of them well and truly pay or cause to be paid unto such person or persons as they the said Carpel Luckin and Jon Oddy or the survivor of them and the heirs and assigns of such survivor shall nominate constitute and appoint by any writing or writings under his or their hands to officiate as schoolmaster to the several children hereinafter mentioned the yearly sum of 30li of like money to be paid to such schoolmaster and his successors forever by four equal quarterly payments to be made on the four feast days before mentioned without any deductions or abatements whatsoever either for taxes or otherwise which said schoolmaster and his successors so to be forever from time to time appointed my will is shall be an orthodox clergyman of the church of England and of a sober life and conversation and shall as often as the governors and trustees hereinafter named and their lawful successors shall order and appoint preach and read divine service in the said chapel and be in all other respects conformable to the rules and orders that shall be made for the government of the said school and be subject and li able to be displaced and removed for any neglect or misdemeanour at the discretion of the said governors and trustees for the time being upon reasonable notice or warning to quit the place and possession of the said school and premises and that from and immediately after such notice or warning aforesaid the place and office of such schoolmaster so offending shall be void and another shall be appointed to succeed him who shall be entitled to the said place and salary as predecessor was in all respects or as if his predecessor was actually dead and I do allow will and direct that the said governors and trustees and their successors for the time being do also elect and choose out of the parishes of Coptford Stanaway and Tey Markes in the said county any number of =ale children being the children of the most indigent and poor people of the said respective parishes being of the age of nine years and upwards and under the age of fourteen years out of each parish an equal number if it ma y be to be by the said schoolmaster well and sufficiently maintained with meat and drink lodging and washing and with decent apparel and books and other necessaries and well educated in the principals of the church of England and taught to read write arithmetic and the rudiments of latin and that from time to time on the death or removal of any such child or children others shall be placed in their room or stead by the said governors and trustees for the time being to be elected and chosen in manner aforesaid but my mind and will is that no greater number of children shall be elected and placed as aforesaid then the rents issues and profits of the said trusted premises so appropriated as aforesaid over and above all necessary charges and deductions will so educate and maintain and for the reducing the charge thereof to a certainty I do further will that the allowance to every such schoolmaster and his successors for the yearly maintenance and schooling of every such child shall be the yearly sum of 10li of like money and for the clothing and apparel of every such child the yearly sum of 2li of like money to be paid to such school master and his successors yearly by four equal payments for so long as he or they shall and do well and sufficiently instruct and provide for the said children in manner aforesaid at his and their own proper costs and charges and I do further will and order that out of the overplus of the rents and profits of the premises so assigned for the maintenance and support of the said school and poor children and other necessary charges and deductions to be issuing out if any be the said governors and trustees and their successors for the time being shall for the benefit and advancement of any such child or children who shall at any time be judged fit and capable of being an apprentice bind out such child or children apprentice to some honest employment and to pay for such binding of each child any sum or sums of money not exceeding the sum of 10li and my mind and will further is that from and after the death of the said Mary my wife the said annuity or yearly sum of 60li so directed to be paid to her as aforesaid shall be employed and disposed in the maintenance and education of an additional number of children to be elected educated and maintained in the said school in like manner as the other children are to be educated and maintained and because the said Carpel Luckin and Jon Oddy are mortal and that therefore they should make other honest religious men feoffees of the said messuages lands and premises that the rents issues and profits thereof and of every part and parcel thereof and likewise of the lands that shall be purchased with the surpluses of my personal estate and not herein before limited to other uses may be forever employed according to my intention herein before expressed my mind and will is and I do hereby further order and direct that the said Carpel Luckin and Jon Oddy and the survivor of them and the heirs of such survivor within three months after the said messuage chapel and buildings shall be erected by good conveyance and assurance in the law grant convey and assure unto sir Harbottle Luckin bart sir Antho Thos Abdy bart Jn Bullock esq Nich Corsellis esq Thos Green esq Jn Saville of Colchester gent Hezekiah Hayns gent Jn Potter of Wakes Colne gent Jn Lufkin apothecary or to so many of them as shall be living at the time of my decease and to their heirs and assigns all and singular the said messuages tenements lands and premises herein before devised or intended to be devised for erecting the said school and other uses thereof declared to have and to hold the said messuages land and premises to the said sir Harbottle Luckin bart sir Antho Thos Abdy Jn Bullock Nich Corsellis Thos Green Jn Saville Hezekiah Hayns Jn Potter and Jn Lufkin and their heirs and assigns to the only proper use and behoof of the said sir Harbottle Luckin sir Antho Thos Abdy Jn Bullock Nich Corsellis Thos Green Jn Saville Hezekiah Hayns Jn Potter and Jn Lufkin their heirs and assigns forever to this intent and purpose and upon this trust and confidence expressed and intended in and by this my will and to and for no other use or purpose whatsoever that is to say that they the said sir Harbottle Luckin sir Antho Thos Abdy Jn Bullock Nich Corsellis Thos Green Jn Saville Hezekiah Hayns Jn Potter and Jn Lufkin and their heirs and assigns shall forever be called governors and trustees of the said Charity School and shall and may as often as they think fit meet at the said Charity School or in some convenient place near thereunto for the making and constituting such rules and orders for the better management and government of the said Charity School according to my will and intentions herein which I desire may be taken and construed in the most extensive sense for the benefit and improvement thereof as they shall see most proper and convenient which said rules and orders so to be made shall be signed by all or the major part of them then present so as there shall be five who shall agree and sign the same it being my intent that such orders and rules shall be observed by all parties concerned as if the same had been made and done with the full consent and advice of all the said trustees and if any four of the governors or trustees abovesaid shall happen to die then the surviving governors or trustees shall convey over the said trusted premises to four other trustees to the use of themselves and the said four other trustees to and for the use of the said Charity School and schoolmaster as aforesaid and so from time to time the five surviving trustees sha ll continually join with themselves four other trustees of the said premises in manner and form aforesaid to the intent that the said messuages lands and premises and the rents issues and profits thereof to be applied and disposed of in manner aforesaid may have continuance forever according to the true intent and meaning of this my last will and testament and my further will is that all succeeding trustees to be elected to supply such vacancies aforesaid shall be inhabitants of one of the three parishes of Coptford Stanaway or Tey Markes and that from and immediately after such conveyance and assurance shall be executed by the said Carpel Luckin and Jon Oddy or the survivor of them or the heirs of such survivor of them in manner aforesaid all powers and authorities herein and hereby vested in them touching or otherwise concerning the said Charity School or otherwise howsoever shall cease determine and be utterly void to all intents and purposes both in law and equity anything herein contained before to the contrary notwithstanding and that all such power and authority shall pass with the said trusted lands and premises and be fully and absolutely transferred to and vested in the said governors and trustees who shall exercise the same in the same manner as the said Carpel Luckin and Jon Oddy or the survivor of them or the heirs of such survivor may do by virtue of this my will and to the end that no disputes may happen between the said governors in respect of their meetings to consult and take order in and about the management of their trust I do hereby order that every meeting for the purpose aforesaid shall be appointed by summons under the hands of three trustees who are and shall be from time to time first named in such deed or feoffment wherein notice shall be given of the time and place ten days at least before such meeting and my further mind and will is that the said Carpel Luckin and Jon Oddy and the survivor of them and the heirs of such survivor and the said sir Harbottle Luckin sir Antho Thos Abdy Jn Bullock Nich Corsellis Thos Green Jn Saville Hezekiah Hayns Jn Potter and Jn Lufkin governors and trustees herein before named and their successors shall be only charged and chargeable with and accountable for such monies they shall respectively actually receive by or out of the premises and with no more nor the one for the other or with or for the receipt or disbursements the one of the other and that they and every of them shall and may be saved harmless and deduct to themselves by and out of the premises of and for all such costs charges dam ages and expenses as they or any or either of them shall bear sustain or be put into by reason of the premises or the trust thereof herein before declared or the execution or management thereof in anywise touching or concerning the same item I give and bequeath to all and every the daughters of the said captain Abbutt the sum of 5s each to be paid to them respectively within one year of my decease and I do hereby make and ordain the said Carpel Luckin and Jon Oddy executors of this my last will and testament and earnestly desire their careful and just performance of the same according to the true intent and meaning thereof and I do hereby give to each of them the sum of 5li apiece for their care and pains herein and I do hereby revoke all former will and testaments at any time by me heretofore made and do make and ordain this to be my last will and testament in witness whereof I have to this my last will and testament contained in six sheets of paper to every of the said sheets set my hand and seal this 10.7.1714 etc. Edw Abbutt signed sealed published and declared by the said Edw Abbutt the testator to be his last will and testament in our presence who subscribed our names as witnesses in his presence Eliz Wood Wm Lane R Tonstall