Wills (ERO D/ACR 18/41 Rich Dutton 1778)

30.7.1778 (Thursday 30 July 1778)

document 93000300

in the name of god amen I Rich Dutton of Earls Colne in county of Essex farmer being weak in body but of sound mind memory and understanding praised be god for the same to make this my last will and testament in manner following that is to say first I give and bequeath unto Eliz Mullins the daughter of Jas Mullins and Eliz his wife which said Eliz the wife of the said Jas Mullins is the daughter of my late wife Bridget her executors administrators and assigns all that leasehold messuage or tenement which I lately purchased of Rich Fossett (may be Rich Fossett) with the yards gardens and appurtenances thereunto belonging situate and being in Earls Colne aforesaid next I give and devise unto my granddaughter Bridget Unwin the daughter of my daughter Susanna Unwin deceased and her heirs forever all that customary or copyhold messuage or tenement with the houses outhouses barns stables yards gardens freehold customary and copyhold lands meadows pastures feedings and appurtenances thereunto belonging containing in the whole by estimation 20a be the same more or less situate in Earls Colne aforesaid and now in my own occupation chargeable nevertheless and I do hereby expressly charge the said customary or copyhold messuage or tenement freehold customary and copyhold lands hereditaments and premised with their appurtenances with the payment of one annuity or yearly sum of 11li of lawful money of Great Britain clear of all deductions whatsoever to her sister Susanna the wife of Francis Ruffle and her assigns for and during the term of her natural life to be paid half yearly namely on lady day and on michaelmas day in every year the first payment thereof to begin and be made on the first of the said days of payment next happening after my decease and in case the said annuity or yearly sum of 11li or any part thereof shall be behind or unpaid by the space of twenty days next after the same or any part thereof shall become due and payable being first lawfully demanded then and from thenceforth and upon every such default it shall and may be lawful to and for the said Susanna Ruffle or her assigns or the person or persons entitled to the said annuity or any part thereof and I do hereby empower her or them respectively to enter into and upon the said messuage or tenement lands hereditaments and premises with their appurtenances charged therewith as aforesaid or into any part or parcel thereof and to hold and enjoy the same and receive and take the rents issues and profits thereof and of every part thereof until all arrears of the said annuity together with all costs and charges which shall be sustained by reason or occasion of any such default or payment shall be fully paid and satisfied and I give and devise unto my granddaughter Eliz Unwin one other of the daughters of my said daughter Susanna Unwin deceased and her heirs forever all and singular my freehold customary and copyhold messuage lands tenements hereditaments and real estate whatsoever with their appurtenances situate lying and being in Stansted in the county of Suffolk or elsewhere in the said county of Suffolk chargeable nevertheless and I do hereby expressly charge the said freehold customary and copyhold messuages lands tenements and hereditaments and premises with their appurtenances with the payment of one annuity or yearly sum of 10li of lawful money of Great Britain clear of all deductions whatsoever to her sister Ann Unwin and her assigns for a during the term of her natural life to be paid half yearly namely on lady day and michaelmas day in every year the first payment thereof to begin and be made on the first of the said days of payment next happening after my decease and in case the said annuity or yearly sum of 10li or any part thereof shall be behind or unpaid by the space of twenty days next after the same or any part thereof shall become due and payable being first lawfully demanded then and from thenceforth and upon every such default it shall and may be lawful to and for the said Ann Unwin or her assigns or the person or persons entitled to the said annuity of any part thereof and I do hereby empower her or them respectively to enter into and upon the said messuages or tenements lands hereditaments and premises with their appurtenances charged therewith as aforesaid or into any part or parcel thereof and to hold and enjoy the same and to receive and take the rents issues and profits thereof and of every part thereof until all arrears of the said annuity together with all costs and charges which shall be sustained by reason or occasion of any such default or payment shall be fully paid and satisfied also I give and devise unto my said granddaughter Bridget Unwin and her heirs for ever all that messuage or tenement called or known by the name or sign of The Compasses with the houses outhouses yards gardens and appurtenances thereto belonging situate and being in Pattiswick in the said county of Essex and now in the tenure or occupation of Steph Bridge his undertenants or assigns chargeable nevertheless and I do hereby expressly charge the said messuage or tenement hereditaments and premises with the appurtenances with the payment of one annuity or yearly sum of 4li of lawful money of Great Britain clear of all deductions whatsoever to the said Eliz the wife of the said Jas Mullins and her assigns for and during the term of her natural life to be paid half yearly namely on lady day and michaelmas day in every year the first payment thereof to begin and be made on the first of the said days of payment next happening after my decease and in case the said annuity or yearly sum of 4li or any part thereof shall be behind or unpaid by the space of twenty days next after the same or any part thereof shall become due and payable being first lawfully demanded then and from thenceforth and upon every such default it shall and may be lawful to and for the said Eliz the wife of the said Jas Mullins or her assigns or the persons entitled to the said annuity or any part thereof and I do hereby empower her or them respectively to enter into and upon the said messuage or tenement hereditaments and premises with the appurtenances charged therewith as aforesaid or into any part or parcel thereof and to hold and enjoy the same and to receive and take the rents issues and profits thereof and of every part thereof until all arrears of the said annuity together with all costs and charges which shall be sustained by reason or occasion of any such default or payment shall be fully paid and satisfied and I give and bequeath unto my said granddaughters Eliz and Bridget Unwin the sum of 30li apiece of like lawful money to be paid to them respectively within one calendar month next after my decease also I give and bequeath unto Roger Sarah and Ann Mullins three other of the children of the said Jas Mullins and Eliz his wife the sum of 10li apiece of like lawful money and I give and bequeath unto my brother Thos Dutton of Glemsford in the said county of Suffolk baker the sum of 40li of like lawful money and I give and bequeath unto Thos Susanna and Mary Dutton the three children of the said Thos Dutton the sum of 5li apiece of like lawful money also I give and bequeath unto the said Eliz Mullins the daughter of the said Jas and Eliz Mullins the sum of 25li of like lawful money likewise I give and bequeath unto the said Eliz Mullins the daughter of the said Jas and Eliz Mullins the bed bedstead hangings pillows and bolsters belonging to the same in the chamber wherein she commonly lies and I give and bequeath unto Mary Green the widow of my son in law Roger Green late of Pentloe in the said county of Essex miller deceased the sum of 10li of like lawful money and I give and bequeath unto Roger Thos Ann and Jn Green the four children of the said Mary Green the sum of 5li apiece of like lawful money also I give and bequeath unto Rich Sam Wm Eliz and Margt Dutton the five children of my brother Jn Dutton deceased the sum of 5li apiece of like lawful money likewise I give and bequeath unto all and every the children of my brother in law Isaac Wase late of Henny in the said county of Essex deceased that shall be living at the time of my decease the sum of 3li apiece of like lawful money also I give and bequeath unto all and every the children of my sister Mary the wife of Robt Warren late of Glemsford aforesaid deceased as shall be living at the time of my decease the sum of 3li apiece of like lawful money also I give and bequeath unto Rich and Isaac Moody the two children of my sister Margt deceased the sum of 3li apiece of like lawful money all which said last mentioned legacies I desire may be paid to the several and respective legatees within six calendar months next after my decease and I give and bequeath unto Francis Nunn of Earls Colne aforesaid farmer and to the said Roger Green the sum of 5li apiece for the trouble they may have as executors of this my will and all the rest residue and remainder of my goods chattels household stuff and implements of household farming stock and implements of husbandry hop poles ready money bills bonds mortgages notes and other securities for money debts and all other my personal estate whatsoever after payment of my just debts the legacies aforesaid funeral charges the charge of proving this my will and all other charges and expenses attending the execution thereof I give and bequeath unto my four granddaughters Susannah the wife of Francis Ruffle Eliz Bridget and Ann Unwin to be equally divided between them at their several and respective attainments of the age of 21yrs and the interest arising from each child's share to be applied by my executors or the survivor of them his executors or administrators towards her maintenance and education until she shall attain that age and if any of my said four granddaughters shall happen to die under the age of 21yrs and without issue lawfully begotten then living and which shall be living unto her or their age or ages of 21yrs then and give and bequeath the part and share of her or them so dying unto the survivor to be equally divided between them at such times as their original shares are herein before directed to be paid and if all my said granddaughters but one shall happen to die under age and without issue as aforesaid then I give the whole residue of my said personal estate to such surviving child to be paid to her at her attainment of the age of 21yrs and the interest arising therefrom or such part there of as may be thought necessary to be applied by my executors or the survivor of them his executors or administrators towards her maintenance and education until she shall attain that age and I do nominate and appoint the said Francis Nunn and the said Roger Green executors of this my will and my mind and will is that my said executors or either of them their or either of their executors or administrators shall not be answerable or accountable for any other sum or sums of money than they shall respectively and actually receive nor shall either of them be answerable for the act receipt neglect or default of the other of them but each of them for his and their own receipt neglect or default only and in case any loss or losses shall happen in the real or personal estates belonging to my aforesaid devisees and legatees or any or either of them without the wilful neglect of my said executors or either of them their or either of their executors or administrators then that they or either of them shall not be liable to make good the same or any part thereof and if any loss or losses shall happen by or through their or either of their wilful neglect of default then that he or they only who shall be guilty thereof shall be answerable for the same and hereby revoking all former and other will and wills by me at any time heretofore made I do publish and declare this to be my last in witness whereof I the said Rich Dutton have to this my last will and testament contained in four sheets of paper set my hand and seal to each sheet and my seal to the label by which they are affixed together this 30.7.1778 mark Rich Dutton signed sealed published and declared by the said Rich Dutton the testator as and for his last will and testament in the presence of us who in his presence and at his request and in the presence of each other have hereunto subscribed our names as witnesses Jn Manishe Wm Roberts Jn Betts