ID: MARG_452

TitleWill of Nicholas Durrell Yeoman of West Mersea
AbstractWill of Nicholas Durell (Durrell) 23 November 1613 Yeoman of West Mersea, transcribed from ERO D/ABW12/363

Transcription and translation by Jools Hoyle March 2024

Abstract:
Will of Nicholas Durell (Durrell), yeoman, of West Mersea, dated 1613

Nicholas leaves un-named land, houses and buildings in West Mersea, along with a lifetime interest in his stock of grain, cattle and other moveable goods, to his wife Ann/e, unless she remarries. At her death or remarriage his estate is to go to his children, the bulk of it to his son, also Nicholas.

He makes Ann his executrix and charges her with paying all his debts and legacies as directed in his will.

He leaves sums of money to his daughter Jane and to Johane Durell (relationship not specified), along with some domestic chattels for Jane after her mother's remarriage or death, and smaller sums of money to the children of some of his friends or relatives. He also makes a small bequest to the poor of the parish.

Transcription
1.   fit [Note 1] In the name of god Amen the iij ti day of November in thelevinth
2.   yeare of the Reigne of our soveraine lorde James [Note 2] by the grac[e]
3.   of god of Inglande Fraunce and Irelande Kinge defender of the
4.   faith and of Scotlande the xlvij ti3 in Anno d[om]ini 1613 I Nicholas
5.   Durell of westmersea in the Countie of Essex yeoman beinge
6.   sicke in bodie butt wholl of mynde & p[er]fect of Remembrance
7.   thankes be to god, Doe ordeine and make this my last will
8.   and testament in manner followinge, first and principally I
9.   bequeath my soule into the handes of almightie god and my
10.   bodie to be buried where it shall please god to appoynt, and
11.   for my worldly goods I dispose in manner a[n]d forme followinge
12.   It[em] I give and bequeath unto Ann my Wife all my Tenement[es]
13.   houses and landes with all and singuler thapurtenances
14.   lyinge in Westmersea aforesaide for and dureing so longe
15.   time as she shall kepe hirselfe a widdowe & unmaried, and
16.   also I will that all my Stock of Corne, Cattell & other moveabl(e)
17.   goods shall remayne unto the saide Ann my wife dureinge hir
18.   widdowhode for and towards the payinge of my detts and suche
19.   legacies as she is appoynted to pay by this my will, Item I
20.   give and bequeath unto Jane Durell my daughter the
21.   wholl and full sume of fortie poundes of good and lawfull
22.   monie of Inglande to be paide unto hir by the saide Ann my
23.   wife w[i]thin twoo yeares next after my decease, It[em] I give
24.   and bequeath unto the saide Jane my daughter one posted
25.   bedsteade standinge upon the p[ar]lour Chamber w[i]th one fetherbed
26.   one flockbed [ Note 4] one boulster twoo pillowes one Coverlet one
27.   payer of blankets & one payer of shetes one brass pott halfe
28.   a dosen of pewter [Note 5] one danske (ie Danish) [Note 6] Chest and one newe kettle the
29.   least of the twoo I last bought, all which I will she shall
30.   have presently after the mariage or death of Ann my wife
31.   It[em] I give and bequeath unto the saide Jane Durell my
32.   daughter the wholl and full sume of Threeskore poundes
33.   of good and lawfull monie of Inglande to be paide unto
34.   hir by Nicholas Durell my sonne out of those my Tenements
35.   and landes hereafter given unto him by this my will to be
36.   paide Unto hir w[i]thin twoo yeares after that he the saide Nicholas
37.   my sonne shall come to & have the saide tenements & landes
38.   w[hi]ch sume of threeskore poundes if he the saide Nicholas Durell
39.   doe refuse to pay & doe not pay the same unto the saide Jane
40.   in manner & forme aforesaide, then I will & my meaneinge
41.   is that the saide Jane my daughter shall enter upon have
42.   and Inioy [Note 7] all my Coppie houlde houses tenements & lands
43.   houlden of the manner of westmersea w[i]th all & singuler the
44.   apurtenances for & dureinge the wholl & full time & terme
45.   of Eight wholl yeares to begine presently after thende of
46.   the saide twoo yeares, & so from thence next followinge fully
47.   to be Complete & ended for & in Conscideration of hir saide
48.   legacie of threeskore poundes before to hir given, and further
49.   I will that he the saide Nicholas Durell my sonne shall at
50.   his Cost & Charge kepe & mainteine the saide Jane my
51.   daughter for & dureinge the saide twoo yeares next after that
52.   he shall come to the saide landes eyter by the death or mariage
53.   of Anne my wife, It[em] I give and bequeath unto Roase the
54.   daughter of John Pollarde tenn shillinges to buy hir a silver
55.   Spone It[em] I give and bequeath unto Allexander G\a/nes twoo children
56.   Tenn shillinges a pece to be paide unto them at their severall ages
57.   of one and twenti yeares & if one of them die the other to have that
58.   p[ar]te, It[em] I give and bequeath unto the three Children of Thomas
59.   Wodhouse of Fingreyho tenn shillinges a pece to be paide unto them
60.   Within eight yeares next after my decease & if anie of them
61.   dye the other to have that p[ar]te equally devided betwene them &
62.   if they be under age their father to receive it & give a discharge
63.   It[em] I give and bequeath unto Johane Durell that dwelleth w[i]th
64.   me Fortie shillinges to be paide unto hir w[i]thin three yeares
65.   after my decease, It[em] I give unto the poore of the p[ar]ishe of
66.   westmersea tenn shillinges w[i]thin one yeare next after my decease
67.   where most ned is at the discrecion of myne execut[ours], all which
68.   legacies I will shalbe paide by Ann my Wife if she live un=
69.   till they growe to be due, but if she dye before they be all due
70.   then I will that Nicholas my sonne shall pay those that my wife
71.   shall leave unpaide at the times apoynted, out of those my lands
72.   & goods given unto him hereafter in this my will, It[em] I give
73.   And bequeath Unto the saide Nicholas Durell my sonne all
74.   my houses Tenements & landes lyinge in westmersea to him
75.   & his heires for ever after the mariage or death of Ann my
76.   wife, and also I will and my meaneinge is that all suce stoke
77.   of Corne Cattell and other moveable goods that my wife shall
78.   have remaineinge at the time of hir death or mariage the fortie
79.   poundes first given to my daughter Jane beinge discharged and
80.   all my dets & other legacies that shalbe due beinge payde shall
81.   remaine wholly Unto the saide Nicholas Durell my sonne for
82.   & towardes the payinge of suche of my dets & legacies as shalbe
83.   then unpayed & for the further & full p[er]formance of this my will
84.   And I ordeine and make Ann my Wife the sole Execut[rix] of this
85.   my last will and testament to se the same proved p[er]formed and
86.   kept, my bodie decently brought to the grounde my detts & legacis
87.   discharged so fareforth [Note 8] as of hir p[ar]te is to be p[er]formed, and so
88.   revokeinge all foremer wills I doe acknowledge this to be my
89.   last will & testament, In witnes whereof I have hereunto put
90.   my hande & seale the day & yeare first above written In the
91.   presence of these wittnesses
92.   Sealled & delivered in the p[re]senc         Nicholas Durell
93.   of Us Timo[thy] Hearne                 his marke
94.   Richard Smith and
95.   Hugh Prick [Note 9]
96.   his marke
97.   p[ro]bat[um] 19ti die mensis Januarij 1613 [Note 10]

Notes
1 Latin for "it is done" or similar. This would often appear at the foot of the will, rather than the head, after Probate has been granted.
2 James VI of Scotland and I of England
3 The 47th year of James' reign in Scotland
4 a bed with a mattress stuffed with wool refuse, shearings of cloth, or the like
5 Probably spoons
6 See MARG_451 , the 1609 will of John Durell, a kinsman of Nicholas Durell (exact relationship uncertain) John also leaves a "danske chest" to his daughter Roase (Rose).
7 i.e. enjoy
8 OED suggests a meaning of "get on with" or "make a start"
9 These days we might use "Pryke"
10 Proved the 19th day of the month of January 1613/14


Translation to modern English
1.   It is done. In the name of God, amen, on the 23rd day of November in the eleventh
2.   year of the reign of our sovereign lord James, by the grace
3.   of God King of England, France and Ireland, Defender of the
4.   Faith, and of Scotland the 47th (ie, year of his reign), in the year of our Lord 1613, I, Nicholas
5.   Durell of West Mersea in the county of Essex, yeoman, being
6.   sick in body, but of sound mind and perfect memory,
7.   thanks be to God, make this my last will
8.   and testament in the following manner. First, and principally, I
9.   bequeath my soul into the hands of almighty God, and my
10.   body to be buried where it shall please God to appoint, and,
11.   for my worldly goods, I dispose of them in the following way:
12.   Item: I give and bequeath to Ann, my wife, all my tenements,
13.   houses and lands together with all of their appurtenances
14.   lying in the aforesaid West Mersea, for as long
15.   as she remains a widow and unmarried.
16.   Also, I will that all my stock of corn, cattle and other moveable
17.   goods shall remain with the said Ann, my wife, during her
18.   widowhood, (to be used) for and towards the payment of my debts and such
19.   legacies as she is appointed to pay by this my will. Item: I
20.   give and bequeath to Jane Durell, my daughter, the
21.   whole and full sum of forty pounds of good and lawful
22.   money of England, to be paid to her by the said Ann, my
23.   wife, within two years after my death. Item: I give
24.   and bequeath to the said Jane, my daughter, one posted
25.   bedstead standing in the parlour chamber, with one feather bed,
26.   one flock bed, one bolster, two pillows, one coverlet, one
27.   pair of blankets and one pair of sheets, one brass pot, half
28.   a dozen of pewter (probably spoons), one Danish chest and one new kettle (the
29.   least of the two I last bought), all of which I will she shall
30.   have promptly after the marriage or death of Ann, my wife.
31.   Item: I give and bequeath to the said Jane Durell, my
32.   daughter, the whole and full sum of threescore (3 x £20, = £60) pounds
33.   of good and lawful money of England, to be paid to
34.   her by Nicholas Durell, my son, out of the tenements
35.   and lands given to him by this, my will, to be
36.   paid to her within two years of when the said Nicholas,
37.   my son, comes into (his inheritance) and takes possession of the said tenements and lands
38.   which sum of threescore pounds, if he, the said Nicholas Durell,
39.   refuses to pay, and does not pay the same to the said Jane
40.   in the aforesaid way, then I will, and my meaning
41.   is, that the said Jane, my daughter, shall have
42.   and enjoy all my copyhold houses, tenements and lands
43.   held from the manor of West Mersea, with all and singular of their
44.   appurtenances, for and during the whole and full time and term
45.   of eight whole years, to begin immediately after the end of
1.   the said two years, and so from then, the full term of eight years
2.   to be completed, [Note 1] for and in consideration of her said
3.   legacy of threescore pounds (i.e. 3x£20=£60) given to her before and, further,
4.   I will that he, the said Nicholas Durell, my son, shall, at
5.   his own cost, keep and maintain the said Jane, my
6.   daughter, for and during the said two years following when
7.   he comes into (his inheritance of) the said lands, either by the death or marriage
8.   of Anne, my wife. Item: I give and bequeath to Rose, the
9.   daughter of John Pollard, ten shillings to buy her a silver
10.   spoon. Item: I give and bequeath to Alexander Ganes' two children
11.   ten shillings apiece to be paid to them when they each reach the age
12.   of twenty one years and, if one of them should die (before reaching the age of twenty one) the other is to have their
13.   part. Item: I give and bequeath to the three children of Thomas
14.   Woodhouse of Fingringhoe ten shillings apiece, to be paid to them
15.   within eight years after my death and, if any of them
16.   dies, the other(s) are to have their part equally divided between them and,
17.   if they are under age, their father is to receive it and give a discharge.
18.   Item: I give and bequeath to Joanne Durell, who lives with
19.   me, forty shillings, to be paid to her within three years
20.   of my death. Item: I give to the poor of the parish of
21.   West Mersea ten shillings, within one year after my death
22.   where most need is, at the discretion of my executors. All these
23.   legacies I will shall be paid by Ann my wife if she lives until
24.   they fall due, but if she dies before they all fall due
25.   then I will that Nicholas, my son, shall pay those that my wife
26.   leaves unpaid at the times appointed, out of my lands
27.   and goods given to him hereafter in this, my will. Item: I give
28.   and bequeath to the said Nicholas Durell, my son, all
29.   my houses, tenements and lands lying in West Mersea to him
30.   and his heirs for ever, after the marriage or death of Ann, my
31.   wife. Also I will, and my meaning is, that all such stock
32.   of corn, cattle and other moveable goods that my wife shall
33.   have remaining at the time of her death or marriage (the forty
34.   pounds first given to my daughter Jane being discharged and
35.   all my debts and other legacies that shall be due being paid) shall
36.   all go to the said Nicholas Durell, my son, for
37.   and towards the paying of any of my debts and legacies as are
38.   then (still) unpaid, and for the further and full performance of this, my will.
39.   And I ordain and make Ann my wife the sole executrix of this
40.   my last will and testament to see the same proved, performed and
41.   kept (i.e. my wishes honoured); my body decently brought to the ground (i.e. buried), my debts and legacies
42.   discharged if it goes well with her performing her part, and so,
43.   revoking all former wills, I do acknowledge this to be my
44.   last will and testament. In witness whereof I have hereunto put
45.   my hand (i.e. signature) and seal on the day and year written above, in the
46.   presence of these witnesses:
47.   Sealed and delivered in the presence     Nicholas Durell
48.   of us: Timothy Hearne             his mark (meaning Nicholas was unable to write)
49.   Richard Smith and
50.   Hugh Prick (Pryke)
51.   his mark
52.   proved (on the) 19th day of the month of January 1613 (1614)

Note 1 i.e. if the daughter does not receive her legacy of £60, then she is entitled to enjoy the income from the copyhold tenements for a term of 8 years in lieu of her legacy, and is entitled to it for the full term of 8 years, even if the total amount received during the 8 years exceeds her original legacy of £60.

Published23 November 1613
SourceMersea Museum
IDMARG_452