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Wills (ERO D/ACW25/20 D/ACR13/5 Jn Newton 1717 1717)

13.12.1716 (Saturday 13 December 1716)

document 5700316

in the name of god amen I Jn Newton the elder of Earls Colne in the county of Essex yeoman being weak and infirm in body but of a sound and perfect mind and memory thanks be to god do make 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 may be decently buried at the discretion of my executors 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 Jn Newton and his heirs forever over and above what I have already given and settled upon him all that messuage or tenement wherein I now dwell with all the houses outhouses barns stable yards gardens orchards lands and appurtenances thereunto belonging commonly called or known by the several names of Claypitts and Sandalls and now in my own occupation item I give more unto my said son Jn Newton and to his heirs forever all that my messuage or tenement with the lands and appurtenances thereunto belonging commonly called or known by the name of Boams now in my own occupation and in the occupation of     Rosbrooke widow item I give more unto my said son Jn Newton and to his heirs forever all those my lands which I had and purchased of and from Jn Bullock commonly called or known by the name of Gosses with all and every of their appurtenances now also in my possession item I give more unto my said son Jn Newton and to his heirs forever all that messuage or tenement wherein Robt Middleton now dwells with the lands thereunto belonging containing by estimation 4a more or less item I give more unto the said Jn Newton my son and to his heirs forever one spring or grove now in my own possession and lying near and adjoining to the same lands commonly called Daveys Spring item I give more unto the said Jn Newton my son and to his heirs forever all those two crofts of land with a barn and stable thereupon standing containing by estimation 8a more or less commonly called or known by the name of Grants and now in my own occupation item I give more unto the said Jn Newton my son and to his heirs forever all that my freehold messuage or tenement with the houses outhouses yards orchards and one croft of land to the same belonging which I lately purchased of my late brother in law Robt Potter deceased and now in the occupation of Robt Pease item I give more unto the said Jn Newton my son and to his heirs forever all that my messuage or tenement with the houses outhouses and lands thereunto belonging late the lands of Susan Davey and now in the occupation of Jn Cooke or his assigns all which said messuage or tenements lands and premises are situ ate lying and being in Earls Colne aforesaid and my will and meaning is and I give all the said messuages lands and premises unto my said son Jn Newton and his heirs upon this condition following that is to say that the said Jn Newton my son his heirs or assigns shall and do well and truly pay or cause to be paid unto Margt Newton my daughter the sum of 150li in manner following that is to say one half thereof within one year next after my decease and the other half thereof within one year and a half after my decease and in case my said son Jn Newton or his heirs shall refuse or neglect to pay the said 150li unto my said daughter Margt as aforesaid or any part thereof then my will and meaning is that it shall and may be lawful to and for my said daughter or her assigns to enter into and upon all my aforesaid messuages or tenements lands and premises herein before given unto my said son Jn Newton and his heirs and the same peaceably and quietly to have hold and enjoy and the rents issues and profits thereof to receive and take to her and their own use and uses until the said 150li and all reasonable charges for the recovery thereof shall be fully satisfied and paid item I give and devise unto my youngest son Sam Newton and to his heirs forever over and above what I have already given and settled upon him all my freehold wood and woodlands and the timber and growth of wood upon the same commonly called or known by the name of Kingsland Wood as the same are situate lying and being in White Colne in the said county of Essex and now in my Jn Newton (inserted) own possession upon condition that the said Sam my son or his heirs shall and do well and truly pay or cause to be paid unto my son in law Jn Patrick the sum of 10li within one year next after my decease and unto my daughter Ann Oakley the sum of 20li with one year and a half next after my decease and my will and meaning is that in case my said son Sam Newton or his heirs shall refuse or neglect to pay the said 10li unto the said Jn Patrick or the said 20li unto my said daughter Ann Oakley then it shall and may be lawful to and for the said Jn Patrick or his assigns and the said Ann Oakley or her assigns or such of them as shall be unpaid his or her legacy as aforesaid to enter into and upon my aforesaid wood and woodlands and premises herein before given unto my said son Sam Newton and his heirs and the same peaceably and quietly to have hold and enjoy and the rents and profits thereof to receive and take until the said sums of 10li and 20li and every part of either of them and all reasonable charges for the recovery of the same shall be fully satisfied and paid item I give and devise unto my said son in law Jn Patrick during the term of his natural life all that messuage or tenement wherein Wm Gibbs and Jn King do now inhabit and dwell with the yards and appurtenances thereunto belonging situate in Earls Colne aforesaid and from and after the decease of the said Jn Patrick I give and devise the same premises unto my grandson Thos Patrick one of the sons of the said Jn Patrick and to the heirs and assigns of the said Thos forever he or they paying out of the same premises within one year next after he or they shall enjoy the same unto his brother and sisters the sum of 40s apiece and my will and meaning is that in case my said grandson Thos Patrick or his heirs shall refuse or neglect to pay the said 40s apiece unto his said brother and sisters or unto any of them then it shall and may be lawful to and for them or any of them which shall be unpaid contrary to this my will to enter into and upon the said messuage or tenement and premises herein before given unto the said Thos Patrick and his heirs and the same peaceably and quietly to have hold and enjoy and the rents issues and profits thereof to receive and take until the said 40s apiece unto his said brother and sisters herein before given together with reasonable charges for the recovery thereof shall be fully satisfied and paid item I give and devise unto my said daughter Ann Oakley and her heirs forever all that my copyhold messuage or tenement wherein Jn Somerfeild sometime dwelt with all the yards and appurtenances thereunto belonging situate in Earls Colne aforesaid and now in the occupation of Abrm Hayles item I give unto my said daughter Margt Newton my bed bedstead curtains and valance and bedding as they now are and stand in my best parlour in my now dwelling house and also half a dozen chairs and a large oval table in the same room item I give to my said daughter Ann Oakley my bed bedstead bedding curtains and valance as they now are and stand in the hall chamber in my said now dwelling house item I give unto my two grandchildren Jn Newton and Sam Newton 4li and unto my grandchildren Thos Patrick Judith Patrick Sam Patrick Mary Patrick Margt Patrick and Sarah Patrick 4li apiece and unto my grandchild Ann Patrick 6li and unto my grandchildren Ann Oakley Mary Oakley and Judith Oakley 4li apiece the said legacies given unto my said grandchildren Thos Patrick and Judith Patrick to be paid unto them by my executors herein after named within one year next after my decease all the other legacies of 4li apiece and 6li herein before given unto the rest of my said grandchildren I will shall be paid unto them as they shall respectively attain their several ages of 21yr by my executors herein after named item I give unto the poor people of Earls Colne aforesaid the sum of 40s to be laid out in bread and to be disposed of amongst them by my executors herein after named item all the rest and residue of my goods chattels cattle farming stock and all other my personal estate whatsoever after my debts legacies and funeral charges shall be satisfied paid and discharged I give and bequeath unto my said two sons Jn Newton and Sam Newton to be equally divided between them and lastly I do nominate and appoint my said sons Jn Newton and Sam Newton executors of this my last will and testament in witness whereof I the said Jn Newton the elder to this my last will and testament contained in two sheets of paper have to each sheet set my hand and seal the 13.12.1716 etc. item my will and mind is that notwithstanding any bequest herein to the contrary all my household linen pewter and brass except my great copper shall be equally divided amongst my four children and my son in law Jn Patrick signed sealed published and declared by the said testator in our presence and in his presence attested and subscribed by us mark Mary Godfrey S Grimston Rich Drane Jn Newton