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Wills (ERO D/ACW25/98 D/ACR13/61 Dan Baily 1719 1719)

27.5.1719 (Wednesday 27 May 1719)

document 5700859

memorandum that I Dan Bailey of Earls Colne in the county of Essex yeoman being in good health and of a sound and perfect mind and memory thanks be to god do make ordain and declare this my last will and testament in manner following hereby revoking all former wills by me made imprimis I give and devise unto my grandson Wm Clarke and to his heirs forever all those my two messuages and farms with the lands and tenements thereunto belonging with the appurtenances which I lately purchased of Edw Abbutt situate lying and being in White Colne in the said county of Essex and now in the tenure or occupation of Wm Kent his assignee or assigns and all those my messuages or tenements lands and appurtenances thereunto belonging situate lying and being in Colne Engaine in the said county which I lately purchased of Nath French upon condition that my said grandson Wm Clarke his heirs or assigns shall and do well and truly pay or cause to be paid unto Dan Bailey grandson of my eldest brother Simon Bailey the sum of 50li when he shall accomplish his age of 21yr and in case my said grandson Wm Clarke or his heirs shall refuse or neglect to pay the said 50li unto my said kinsman Dan Bailey at his said age then I give and devise all those my said messuages or tenements lands and appurtenances situate lying and being in Colne Engaine aforesaid which lately I purchased of the said Nath French unto my said kinsman Dan Bailey and his heirs forever item whereas upon the marriage of my granddaughter Mary Clarke to and with Hen Adams the younger I settled upon them all that my manor and messuage called Payten Hall with the lands and tenements thereunto situate lying and being in Bures Hamblet and elsewhere in the said county of Essex which I lately purchased of mr Thos Wyncoll I will that the said premises shall be enjoyed according to the said settlement item I give and devise unto my granddaughter Sarah Marriage and to her heirs forever all that my messuage or tenement with the freehold and copyhold lands meadows pastures and appurtenances thereunto belonging situate lying and being in Earls Colne aforesaid and now in the tenure or occupation of Ambr Stowers or his assigns and also all that my messuage or tenement wherein Jn Pratt and myself do now dwell with all the lands and appurtenances thereunto belonging all which said two messuages or tenements and premises last mentioned I lately purchased of Edw Abbutt item I give and bequeath unto the said Sarah Marriage my granddaughter all my household goods and linen item I give and devise Ann Clarke my granddaughter and to her heirs forever all that my freehold messuage or tenement with the land meadows pastures and appurtenances whatsoever thereunto belonging situate lying and being in Bures St Mary in the county of Suffolk and now in the occupation of Moses Tayler and others which I lately purchased of Eliz Collison widow item my gift and devise aforesaid of my said two messuages and farms with the lands and tenements thereunto belonging which I lately purchased of Edw Abbutt unto my said grandson Wm Clarke and his heirs my will and meaning is shall be upon this condition following viz that my said grandson Wm Clarke so soon as he shall attain his age of 21yr or his heirs in case of his death under age so soon as he she or they shall attain his her or their age or ages of 21yr and upon the request of Zach Childe of Bocking in the said county of Essex carpenter or his heirs or assigns shall and do make and execute such lawful conveyance and assurance unto him the said Zach Childe and his heirs of divers cottages or tenements with their appurtenances in Bocking aforesaid lately belonging to my late daughter Mary Clarke deceased late mother of my said grandson Wm Clarke and which descended unto him by and upon the death of his said mother as her heir at law I having lately sold the said cottage or tenements unto the said Zach Childe for the sum of 80li and received the same and thereupon entered into bond as the counsel learned in the law of the said Zach Childe his heirs or assigns shall reasonably devise advise or require I having lately sold the said cottage or tenement unto the said Zach Childe for the sum of fourscore 65li and received the same and thereupon entered into bond unto the said Zach Childe in a considerable sum of money condition for the making a good title unto the said Zach Childe and his heirs of the said cottage or tenements by my said grandson Wm Clarke and his heirs when he should attain his age of 21yr I will therefore that my said grandson Wm Clarke or his heirs shall and do in all things well and truly perform the said condition of the said bond and in case of his or their refusal or neglect being thereunto requested then and in such case I give and devise the said two messuages and farms lands and tenements purchased of the said Edw Abbutt as aforesaid unto the said Zach Childe and his heirs item my will and meaning is that my executors herein after named shall receive and take all the rents and profits of my aforesaid messuage or tenement lands and premises herein before given unto my said granddaughter Ann Clarke and her heirs until the said Ann Clarke shall attain her age of 21yr and I will Dan Bayley (inserted) that my said executors shall and do pay out of the same unto my said granddaughter Ann Clarke yearly and every year until she shall attain her age of 21yr the sum of 10li without any deductions for and towards her maintenance and out of the residue of the said rents and profits shall pay unto my said granddaughter Sarah Marriage the sum of 40li for and towards the payment of her fines and fees for her admission to the copyhold lands and tenements herein before to her by me given and devised and the residue or remainder of the said rents and profits if any shall be I give to my executors to be equally divided between them item I give unto my kinswoman Martha Fisher the wife of Wm Fisher the sum of 40s a year for and during the term of her natural life to be paid quarterly at midsummer day michaelmas day xmas day and ladyday without any deductions into her own proper hands and I will that a receipt under her hand shall be a sufficient discharge from time to time for the same the first payment to begin and to be made at such of the said feast days as shall first happen after my decease the same to be from time to time paid by my executors herein after named out of my personal estate item I give and bequeath unto Martha the daughter of my said kinswoman Martha Fisher the sum of 10li to be paid unto her by my executors at her age of 21yr item all the rest and residue of my goods chattels rents debts and personal estate whatsoever after my debts legacies and funeral charges and probate of this my will shall be satisfied paid and discharged I give and bequeath unto my brother in law Joshua Dawson and my granddaughter the said Sarah Marriage and lastly I do nominate and appoint the said Joshua Dawson and Sarah Marriage executor and executrix of this my last will and testament in witness whereof to this my last will and testament contained in two sheets of paper I have to each sheet set my hand and seal the 27.5.1719 etc. signed sealed published and declared by the said Dan Bailey the testator in our presence and after in his presence this last will was attested and subscribed by us these words age or threescore and five the sum of 10li life being first interlined Rich Potter Jn Morley Cook S Grimston Dan Bayley