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Wills (ERO D/ACR 16/351 Jn Newton 1757 1763)

22.8.1757 (Monday 22 August 1757)

document 93000065

in the name of god amen I Jn Newton of Earls Colne in the county of Essex gent being mindful of my mortality and of sound mind thanks be to god for the same do make this my last will and testament concerning the real and personal estate whereof I am seized possessor or have power to dispose of first I give and devise to my loving wife Hannah Newton and her assigns for and during the term of her natural life all that my customary or copyhold messuage wherein I now dwell with all the buildings lands and appurtenances thereunto belonging called Claypitts and Sandhills or otherwise in Earls Colne aforesaid and holden of the manor of Colne Priory and after her decease to my daughter in law Sarah Newton widow according to a settlement made upon my late son Thos Newton deceased and the said Sarah before their intermarriage also I do hereby subject and charge all that my customary or copyhold messuage with the lands tenements and appurtenances called Booms otherwise Boomfields or by whatsoever other name or names called or known and holden of the manor of Colne Priory and all those my customary or copyhold lands tenements and appurtenances called Gosses or otherwise holden of the manor of Earls Colne aforesaid late in my own occupation and now of my said daughter in law Sarah Newton her assignee or assigns undertenant or undertenants with the payment of 8li yearly and every year unto my said wife Hannah Newton and her assigns during the term of her natural life by quarterly even payments without and deductions by reason of taxes or otherwise the first payment to commence within three months after my decease and for non payment of the said annuity to my wife as aforesaid I will and empower her from time to time to enter upon the said premises or any part thereof and the same to hold and enjoy and the rents issues and profits thereof to receive until she shall be fully paid and satisfied the said annuity and arrears thereof together with the costs and charges and so subjected and charged with the said annuity I give and devise the same and every part and parcel thereof with all and every the hereditaments thereunto belonging unto my grandson Francis Ruffle and the heirs of his body lawfully begotten and for want of such issue I give and devise the same with their and every of their appurtenances unto my granddaughter Hannah Newton and the heirs of her body lawfully begotten and for want of such issue I give and devise the same with their and every of their appurtenances unto my granddaughter Sarah Newton and the heirs of her body lawfully begotten and for want of such issue if my son Sam Newton shall be then living I give and devise the same with their and every of their appurtenances unto him the said Sam Newton and his heirs for ever but if he shall not be then living my will is and I do in that case give and devise the said messuage lands and premises unto such second or younger son of my said son Sam as may be then living and his heirs forever also I do hereby subject and charge all those my customary or copyhold lands with the malting office thereon built and all and every their appurtenances thereunto belonging called Broadfields or otherwise and all those my customary lands adjoining called Andrews or otherwise containing together 10a more or less which said premises are holden of the manor of Colne Priory and late were in my own occupation and now of my said daughter in law Sarah Newton or her assigns with the payment of 10li yearly and every year of lawful money of Great Britain unto my said wife Hannah Newton and her assigns during the term of her natural life by quarterly even payments without any deduction by reason of taxes or otherwise the first payment to be made within three months after my decease and after the decease of my said wife I further charge the premises with the payment of 150li of lawful money of Great Britain to my said grandson Francis Ruffle at his age of 21yrs with interest for the same after the rate of four percent from the death of my said wife but if my said grandson shall happen to die before he shall attain his full age of 21yrs then 100li part of the said legacy or payment of 150li I will and require to be paid to my son Sam Newton and in case of his death unto and among all and every the sons and daughters of my said son Sam as shall be then living with power of entry for all and every the said legatees on non payment of the said annuity and legacies and to hold and enjoy as aforesaid and so subjected and charged with the said several payments I give and devise the same and every part and parcel thereof with every of their hereditaments thereunto belonging unto my said granddaughter Sarah Newton and the heirs of her body and for want of such issue I give and devise the same to my said granddaughter Hannah Newton and the heirs of her body lawfully begotten and for want of such issue I give and devise the same with their and every of their appurtenances unto my said grandson Francis Ruffle and the heirs of his body lawfully begotten and for want of such issue if my said son Sam Newton shall he then living I give and devise the same with their and every of their appurtenances unto him the said Sam Newton and his heirs forever but if he shall be not then living my will is and I do in that case give and devise the said lands malting office and premises unto such second or younger son of my said son Sam as shall be then living and his heirs forever also I give and devise unto my said son Sam and his heirs for ever all that my reversion right and title of and to the said messuage or tenement with a malting house and buildings belonging with all the lands and appurtenances to the said messuage belonging situate and being in White Colne in the said county of Essex and now in the occupation of my said daughter in law Sarah Newton her assignee or assigns undertenant undertenants and are holden of the manor of Berwick Hall subject and charged with all the legacies and annuities remaining unpaid as she shall become due and which are given to be paid out of the said messuage lands and premises and out of a certain wood lying in the said parish of White Colne called Kingsland Wood otherwise Kingsland     and in and by the last will of my brother Sam Newton deceased and for non payment I will and empower my said wife Hannah Newton her heirs and assigns from time to time to enter upon the said premises or any part thereof and the same to hold and enjoy and the rents issues and profits thereof to receive for her own use until the said legacies and annuities that are charged upon Kingsland Wood aforesaid and all arrears thereof together with the costs and charges be fully satisfied but if it shall happen that my said son Sam shall die before he be possessed of the said reversion leaving no issue of his body lawfully begotten then I give and devise all that my aforesaid reversion right and title of in and to the said customary or copyhold messuage malting office buildings lands and appurtenances to my said wife Hannah Newton and her heirs for ever subject and chargeable nevertheless with the said legacies and annuities given by my said brother's will as aforesaid all that my customary or copyhold messuage with the appurtenances now in the tenure of Jn Sibley with all the lands and appurtenances thereunto belonging called Stacies and Westlands or otherwise holden of the manor of Earls Colne and late in my own occupation and now of my said daughter in law Sarah Newton her assignee or assigns and all my freehold field called Pedments or otherwise in White Colne aforesaid and now or late in the occupation of my said daughter in law Sarah Newton her assignee or assigns and also all that my freehold wood and wood ground with the appurtenances called Kingsland Wood otherwise Kingsland Grove in White Colne aforesaid and now or late in my own occupation and also all that my freehold messuage or tenement with the orchard and appurtenances thereunto belonging situate in Earls Colne now or late in the occupation of Benj Constable and the parcel of free land to the said messuage belonging now or late in my own occupation I give and devise to my said wife Hannah Newton and her heirs forever also I give and bequeath to my said son Sam Newton 10li to be paid by my executrix within 6mths after my decease also I give and bequeath unto my said wife Hannah Newton her executors and administrators all my farming stock bills bonds mortgages book debts household goods plate linen brass and pewter and all other my personal estate whatsoever and wheresoever not herein before disposed of upon this condition that my said wife her executors or administrators pay and discharge my just debts funeral charges legacy to my son Sam probate of this my will and other incident charges and pay and discharge the 300li which I gave bond for before our intermarriage and in case my said personal estate shall not be sufficient to pay and discharge the said bond debts and legacy then I charge all my said messuages lands and tenements herein before given and devised to my said wife and her heirs with payment of the same and to go in aid of my personal estate and my will is that if my said son Sam shall disturb or molest my executrix hereinafter named in the execution of this my will that then the devise to him as aforesaid shall be void and I then give and devise the said messuage malting lands and premises herein before devised to him and his heirs unto my said wife Hannah Newton and her heirs and I do hereby nominate and appoint my said loving wife Hannah Newton sole executrix of this my will and hereby revoking all former wills by me heretofore made I do declare this to be my last will and testament in witness whereof I have hereunto set my hand and seal to every sheet of this my will contained in four sheets of paper this 22.8.1757 Jn Newton signed sealed published and declared by the testator Jn Newton as and for his last will and testament in out presence and by us subscribed as witnessed in his presence Eliz Debney Mary Debney Rich Wale