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

14.9.1762 (Tuesday 14 September 1762)

document 93000075

I Jn Newton of Earls Colne in the county of Essex gent the testator within named being of sound and perfect mind memory and understanding do this 14.9.1762 make and publish this present writing to be my codicil and part of my last will and testament whereunto the same is annexed and I do hereby ratify and confirm my said last will and testament in every respect except in the revocations alterations powers orders and directions which I do and shall hereby make and declare and whereas I have by my said will given and devised unto my son Sam Newton and his heirs forever all that my reversion right and title or and in a certain customary or copyhold messuage or tenement with a malting office 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 late in the occupation of my daughter in law Sarah Newton her assignee or assigns undertenant or undertenants and holden of the manor of Barwick Hall subject and chargeable with all the legacies and annuities remaining unpaid as they should 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 or otherwise Kingsland Grove in and by the last will of my brother Sam Newton deceased and for non payment I have willed and empowered my wife Hannah Newton her heirs or 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 all 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 should happen that my said son Sam should die before he be possessed of the said reversion leaving no issue of his body lawfully begotten then I have by my said will given and devised all that my aforesaid reversion right and title of and in the said customary or copyhold messuage malting office building 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 and I have by my said will declared that if my said son Sam should disturb or molest my executrix therein named in the execution of my said will then the devise to him as aforesaid should be void and I have then given and devised the said messuage and malting lands and premises therein before devised to him and his heirs unto my said wife Hannah Newton and her heirs now my will is and I do hereby revoke annul pronounce and make void the said gift and devise to my said son Sam and his heirs of my said reversion of the said copyhold messuage with the malting office buildings lands and appurtenances to the said messuage belonging situate and being in White Colne aforesaid late in the occupation of my said daughter in law Sarah Newton and not in the several occupations of Jn Walford and Wm Brand or their assigns and holden of the said manor of Barwick Hall and all the powers by my said will given to my said wife Hannah Newton her heirs or assigns for raising and satisfying the said annuities and legacies charged on the said messuage and lands and on Kingsland Wood aforesaid by my said late brother Sam Newton's will and also the contingent gifts and devises of my said reversion of the said copyhold messuage malting office buildings lands and appurtenances to my said wife Hannah Newton her executors and administrators as soon as conveniently may be after my decease to sell and dispose of my said reversion of the said customary of copyhold messuage or tenement with the malting office buildings lands and appurtenances to the same belonging situate and being in White Colne aforesaid and now in the several occupations of the said Jn Walford and Wm Brand or their assigns and holden of the said manor of Barwick Hall for the best price or prices that may or can be had and gotten for the same and to pay apply and dispose of the money arising by and from the said legacies and annuities charged on the said copyhold premises and on Kingsland Wood aforesaid by my said late brother's will which remain yet unpaid and also in the paying off and discharging the principal sum of 200li borrowed by me of mr Jn Chaplin of Pebmarsh in the said county on mortgage of the said copyhold premises and all interest due and to grow due from the same ( and which said sum of 200li was borrowed for the use of my said son Sam Newton and by me advances and paid to him ) and I do hereby also order and direct that the residue or overplus of the said money arising by and from such sale ( after paying off and discharging the said legacies and annuities ) the said principal sum of 200li and all interest due and to grow due for the same and all charged and expenses attending the said sale and the application and disposal of the money arising thereby shall be paid by my said wife Hannah Newton her executors or administrators unto my said son Sam Newton his heirs executors administrators or assigns to and for his or their own proper use and benefit and lastly I do hereby make and declare this present writing or codicil to be part of my said last will and testament and I do hereby expressly order and desire that the same shall be deemed accepted construed taken and esteemed and be truly and faithfully performed as part of my said last will and testament in witness whereof I the said Jn Newton have to this my codicil contained in one sheet of paper set my hand and seal this 14.9.1762 Jn Newton signed sealed published and declared by the said Jn Newton as and for a codicil INSERTED to his last will and testament in the presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses Susanna Jn Unwin