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
Mary Godfrey
S Grimston
Rich Drane
Jn Newton