| Abstract | Will of Phineas Cooke gent of West Mersea dated 12 July 1686 transcribed from ERO D/ABW 73/24
Abstract and transcription by Trevor Hearn July 2021
Abstract:
Date of Will 12 July 1686
Date of death: unknown
Date of Probate: unknown
Phineas Cooke's marital status is unknown.
He bequeaths his copyhold land in West Mersea (belonging to the manor of West Mersea Hall) and currently occupied by the widow Anne Cooke (relationship, if any, unknown), or her assigns, amounting to 8 acres together with the barn and all buildings thereon to Phillip Cleare (relationship unknown) for life, then to the child/children of Phillip, or, if none, to his brother Sandford Cleare for life. After the decease of Sandford then his child/children to inherit or, if none, to the rightful heirs of Phineas. He also bequeathes to Phillip Cleare for life a one-quarter share in each of two oyster layings in Salcot Fleet known as Great Ditch (belonging to the manors of Bourchiers Hall and Abbotts Hall) and currently occupied by Richard Storey. Succession after the death of Phillip as laid out above.
He bequeaths to Sandford Cleare for life the tenement known as the Golden Lion together with the lands, orchards, pastures, houses and outbuildings belonging thereto. He also bequeaths to Sandford Cleare for life the land, pastures and feeding grounds that Phineas currently occupies having recently purchased it from John Wilkinson. After the death of Sandford, these properties to be inherited by his child/children or, if none, by his brother Phillip Cleare for life. After the death of Phillip the properties to be inherited by the child/children of Phillip or, if none, by the rightful heirs of Phineas.
Phineas bequeaths to Sarah Battey (relationship unknown), the daughter of Elizabeth Battey of West Mersea, the freehold property and lands called Coeppe Lands in Peldon (under the current occupation of John Pafflyn) and, after her death, to her lawful heirs or, if none, to her sister Susan Battey and her lawful heirs. If none, then the rightful heirs of Phineas to inherit. Should Elizabeth Battey attempt to obtain her dower of one-third from such property then Phineas bequeaths Coeppe Lands to Phillip Cleare and Sandford Cleare, or their rightful heirs, or, if none, to the rightful heirs of Phineas. Phillip, Sandford or their heirs to pay half-yearly and annual amount of six pounds out of the land's income to Elizabeth Battey during her life.
Phineas bequeaths to Susan Battey the land and buildings known as Wards in East Mersea (belonging to the manor of East Mersea Hall) and currently occupied by himself, and to her lawfully begotten heirs for ever. Failing such heirs, the property to be inherited by her sister Sarah or her lawfully begotten heirs for ever or, if none, to the rightful heirs of Phineas.
Phineas bequeaths his goods, chattels, household items and personal estate equally between Phillip and Sandford Cleare after payment of his debts and legacies.
Monetary bequests are made to Robert Halls of Colchester, gent, who is appointed executor (ten pounds) and is empowered to enter the property of Phineas to take possession of such property and estate, and ten shillings each to Elizabeth Battey, her son James and two daughters Sarah and Susan.
Robert Hall is also appointed trustee and curator for Phillip and Sandford Cleare during their minorities.
Transcription
1 In the Name of God Amen the twelfth day of July in the second yeare of the reigne of o[ur] Soveraigne Lord James the second of England Scotland France & Ireland King An[no]
2 D[om]in[i] 1686: I Phineas Cooke of West mersea in the County of Essex Gent being of good & perfect memory praised be God for the same doe make & ordeyne this may last Will
3 & Testament in manner & forme followinge First & principally I comitt & bequeath my Soul into the hands of Almighty God trusting through the meritorious death
4 & passion of Jesus Christ my onely Savio[ur] & Redeemer to receive free pardon for All my Sinns, And my body I com[m]itt to the earth to be buried in a decent
5 manner of buriall by the discretion of my Executo[r]s hereafter named And as for t[ha]t Worldly Estate w[hi]ch it hath pleased Almighty God to bestow upon
6 Me I Give & bequeath as followeth, Item I Give & bequeath untoe Phillipp Cleare All those my Coppyhold Lands with the barne thereon standing & All
7 other buildings thereon built or to be built with all & singular the app[er]ten[an]ces theretoe belonginge lyeing & being in West mersea in the County aforesaid
8 now in the occupac[i]on of Anne Cooke Widdow or her Assignes & holden of the Manno[r] of West mersea Hall conteyninge by estimac[i]on eight Acres more
9 or lesse xx\(eigt)/ to him the s[ai]d Phillipp during the terme of his Naturall life, And after his decease to the right heires of his body lawfully begotten for Ever And
10 for want of such Issue to Sandford Cleare Brother of the said Phillipp during the terme of his naturall life, And aft[er] his decease to the heires of his
11 body lawfully begotten for Ever, And for want of such Issue to the right heires of Me the said Phineas Cooke for Ever Item I Give more to the said
12 Phillipp Cleare All those my twoe quarter partes of twoe Oyster layings lyeing in Salcott Fleete called Great Ditch or by whatsoev[er] other
13 Name or Names the same are called or knowne & holden of the Manno[r] of Bouurchers Hall & Abbotts Hall & are now in the occupac[i]on of Richard Storey
14 or his Assignes to him the said Phillipp Cleare during the terme of his Naturall life And after his decease to the heires of his body lawfully begotten
15 for Ever And for want of such Issue to Sandford Cleare Brother of the said Phillip during the terme of his naturall life, & after his decease to
16 the heires of his body lawfully begotten for Ever, And for want of such Issue to the right heires of me the said Phineas Cooke for Ever Item I Give
17 & bequeath untoe the said Sandford Cleare All t[ha]t my Messuage or tenem[en]t called or knowne by the Name of the Golden Lyon or by whatsoever other name
18 or names the same are called or knowne with All & singular the Lands Orchards Pastures houses & Outhouses whatsoev[er] with all & singular other the app[er]t[en]a[n]ces
19 to the same belonginge And Alsoe all those Lands pastures & feedeing grounds w[hi]ch I late purchased of one John Willkinson now in the occupac[i]on of me the said
20 Phineas Cooke or my Assignes to the said Sandford Cleare during the terme of his naturall life, & after his decease, to the heires of his body lawfully begotten
21 for ever, And for want of such Issue to Phillipp Cleare Brother of the said Sandford Cleare during the terme of his naturall life & after his decease to
22 the heires of his body lawfully begotten for ever And in defalt of such Issue to the right heires of me the said Phineas Cooke for Ever Item I Give & bequeath
23 All t[ha]t my Freehold Messuage tenem[en]t or Lands with all & Singular the app[er]ten[an]ces thereto belonginge lyeing & being in Peldon in the County aforesaid now in the occupac[i]on of John Pafflyn or his Assignes
24 called or knowne by the name of Coeppe Lands to Sarah the Daughter of Elizabeth Battey of West mersea & to the heires of her body lawfully begotten & for want of such heires to Susan
25 sister of the said Sarah & the heires of her body lawfully begotten & for want of such Issue to the right heires of me the said Phineas Cooke for Ever And if it shall happen t[ha]t the said Elizabeth
26 Battey Mother of the said Sarah & Susan shall Att any tyme hereafter sue molest or trouble the said Sarah or Susan or the heires of either of their twoe bodies for any p[ar]te of her the
27 said Elizabeth's thirds to the said Coeppe Lands t[ha]t then my will & mind is & I Doe give & bequeath the said Coeppe Lands to the said Phillip Cleare & Sandford Cleare & to the heires of their
28 twoe bodies lawfully begotten for ever & for want of such Issue to the right heires of me the said Phineas Cooke for Ever, they the said Phillipp & Sandford & their heires first paying yearely
29 out of the same Lands to the said Elizabeth the sum[m]e of six pounds p[er] An[n]um halfe yearely during the life tyme of her the said Elizabeth. Item I Give & bequeath to Susan Daughter of the s[ai]d Elizabeth
30 Battey All those Lands & Marsh Grounds called by the Name of Wards with all the buildings thereon built or to be built & all & Singular oth[er] the app[er]ten[an]ces to the same belonginge lyeing in East mersea & holden
31 of the Manno[r] of East mersea Hall now in the occupac[i]on of me the said Phineas Cooke & to the heires of her body lawfully begotten for ev[er] & for want of such Issue to Sarah Sister of the Said Susan & the heires of
32 her body lawfully begotten & for want of such Issue to the right heires of me the said Phineas Cooke for ev[er]. Item all my goods chattells household stuffe & p[er]sonall estate whatsoev[er] I give & bequeath
33 to the said Phillipp Clear & Sandford Cleare to be equally devided betweene them share & share alike (after the paym[en]t of my debts & Legacies & oth[er] necessary disbursem[en]ts hereinafter named)
34 Item I Give & bequeath to my Executo[r] hereafter named the Sum[m]e of tenn pounds for his care & trouble in the p[er]formance of this my Will, to be paid him out of my Said p[er]sonall estate
35 whoe my Will & desire is may have liberty & I doe hereby impower him & give him my s[ai]d Ex[ecu]tor full authority im[m]ediately after my naturall death & decease to enter upon
36 the house & ground w[hi]ch I shall be in possession of Att the tyme of my death, & to possesse himself of All my p[er]sonall estate & to take care & bury me in a decent manner of buriall
37 as his discretion shall best direct him, & after t[ha]t out of my said p[er]sonall estate he has paid my funerall charges & other expences & disbursem[en]ts incident thereto, my
38 further Will & desire is t[ha]t my Said Executo[r] pay alsoe out of my Said p[er]sonall estate within one weeke next after my decease to Elizabeth Battey & James her sonn &
39 Sarah & Susan her twoe Daughters the Sum[m]e of tenn shillings apeice & alsoe deteyne in his hands for his owne proper use the Sum[m]e of tenn pounds to him in this my Will before
40 given & bequeathed. And t[ha]t after due payment of the said Legacies & my debts & other Such necessary disbursem[en]ts as my said Executo[r] shall pay & disburse according to
41 the true meaning of this my Will, That then my Will & mind is t[ha]t my said Executo[r] shall equally distribute to the said Phillipp & Sandford Cleare share & share alike all
42 such remayneing p[ar]te & overplus of my s[ai]d p[er]sonall estate as shall then remayne in his hands Item my Will alsoe is t[ha]t if James sonn of the Said Elizabeth Battey, or if
43 she the Said Elizabeth or Sarah or Susan her twoe Daughters or any of them shall not quietly p[er]mitt my Executo[r] to possesse himselfe of my Said p[er]sonall estate t[ha]t then
44 I Give the house wherein I now live with the Lands & app[er]ten[an]ces theretoe belonginge to the said Phillipp & Sandford Cleare \&/ the heires of their bodies for ever
45 xx\& for want of Such Issue to the right heires of me the Said Phineas Cooke for Ever/ Item my Will & meaning is t[ha]t all Such reall estate as is in this my Will given & bequeathed to Sarah & Susan Daughters of the Said Elizabeth Battey & the heires
46 of their bodies, And t[ha]t All such reall estate w[hi]ch I have herein made noe Giuft of, & w[hi]ch by right of inheritance descends & comes to James sonn of the said Elizabeth
47 as heir to me after my Decease, shall in case the said James Sarah & Susan shall happen to dye without Issue of their bodies, be & remayne & \in such case/ I doe hereby give &
48 bequeath the Same reall estate to the said Phillipp & Sandford Cleare & the heires of their bodies for ever, & for want of such Issue then to such other heires of me the
49 said Phineas as shall be t[he]n liveing for ev[e]r And I doe hereby nominate & appoint Robert Halls of Colchester in the County of Essex Gent Executor of this my last
50 Will & Testam[en]t & Trustee & Curator for the Said Phillipp & Sandford Cleare during their sev[er]all Minorities, & I doe hereby revoake All former Wills by me made
51 & doe hereby declare this my last Will & Testam[en]t In Wittnes whereof I have hereuntoe sett my hand & seale the day & Yeare above written.
52 Signed sealed published & declared to be [signature of Phineas Cooke]
53 the last Will & Testam[en]t of the Testator
54 within named in p[re]sence of us.
55 Hen[ry] Creffeild
56 Jacob Glerhulst
57 John Esifer
See also
Extracts from records relating to Phineas Cooke
Note of Irregularities to be reformed in Isle of Mersea
Bill of Complaint Robert Halls and Philip Cleare and Sandford Cleare
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