| Abstract | Will of Augustine Wayland of Peldon, yeoman, 15 May 1689 transcribed from ERO D/ABW 73/61
Transcription by Elaine Barker August 2023
Abstract
The will of Augustine Wayland of Peldon, yeoman, was written on 15th May 1689. He appoints his wife (un-named) and his eldest son, Augustine, as his executors and the will is witnessed by Gregory Church, Naomi Lorrence and Marge Underod. [Underwood?]
Augustine Wayland leaves his house and land in Peldon, where he lives, to his wife for life but if she claims
her widow's 'dower' (where she would be entitled to a third of all her husband's estate) she will only receive a
£5 bequest whilst the Peldon property would be divided equally between his two sons, Augustine and John Wayland,
as tenants in common. If his wife does not claim her dower then his two sons are to receive the Peldon property
and land after her death.
He bequeaths his property in Great Wigborough to his son Augustine.
To his son John he leaves a property in Peldon occupied by Thomas Bullock, and a property in Mersea occupied by Richard Church out of which income John is to pay his married sister, Sarah, wife of John Sympson, £8 a year for life, to be paid at Michaelmas and Lady Day. Should John refuse or fall behind with the payments to her, Sarah is to have the rights to the Mersea property until her bequest is fully paid. To Sarah's son, John Sympson, he leaves another property in Mersea occupied by Gregory Church.
He bequeaths £4 apiece to his brother's children, John and Sarah Wayland.
All the rest of his belongings, after all debts and bills are paid, are to be divided equally between his wife and eldest son, Augustine.
Transcription
In the name of God Amen I Augustine Wayland of Peldon in the County of Essex yeoman
being of sound minde and memory and indifferent good health of body praised be God
yett considering my mortallity doe hereby make my last will and testam[en]t in manner
and forme following First and principally I resigne my soul to God hopeing for mercy
through the only meritts of Christ my blessed Saviour and Redeemer and my body to be
decently buried at the discretion of my Executo[u]r herein after named And as to
that worldly estate w[hi]ch God in his mercy hath bestowed on me. I doe dispose thereof as
followeth. Inprimis I give and devise unto my loveing wife for and dureing the terme
of her naturall life All that my messuage w[i]th the lands tenem[en]ts & appurten[a]nces thereunto
belonging in Peldon aforesaid now in my owne occupac[i]on w[hi]ch my will is, shall be in
full barre of the dower of thirds w[hi]ch my said wife shall or may any wayes clayme or
demand out of all or any part of the reall estate whereof I am or have bin seised
dureing our intermarriage And if my said wife shall at any time after my decease
claime or demand any dower or thirds out the s[ai]d reall estate then I doe hereby revoke the
devise before made her & doe only give her five pounds to be paid her w[i]thin six month[es]
after my decease. And in such cases I do give and devise the said mesuages lands & tenem[en]t[es]
before devised unto her, unto my two son's Augustine Wayland & John Wayland equally to
be divided betweene them & to their heires as Tennants in Com[m]on and not as joint Tennants
And in case \shee/ shall accept the p[re]mises on the condition aforesaid Then my minde & will is that th[a]t the
devise afores[ai]d made to my said sons & their heires shall not take place till after my s[ai]d wifes
decease./ Item I give and devise unto my said son Augustine & his heires All & singuler
my mesuages lands tenem[en]t[es] & hereditam[en]ts whatsoever w[i]th the appurtenances in Much
Wigborrow in the said County of Essex / Item I give unto my said son John & to his
heires All that my farme w[i]th the lands and appurten[an]ces in Peldon aforesaid now
in the occupac[i]on of Thomas Bullock or his Assignes. Item I give & devise unto my s[ai]d
son John & his heires All that my farme w[i]th the lands and appurtenances in Mersea in the
said County of Essex now in the occupation of Richard Church or his Assignes he paying unto
my daughter Sarah yearly & every year dureing her naturall life the sum[m[e of eight pounds of
lawfull money of England by equall halfe yearly paym[en]t[es] at Mich[aelm]as & Lady day the first paym[en]t
thereof to begin & be made at such of the s[ai]d feasts as shall happen next after my decease
But if my said son shall neglect or refuse \to/ pay the same according to the true intent & meaning \ hereof, then my will/
is that my said daughter or her Assignes shall or may enter upon & enjoy the s[ai]d last menc[i]oned
farme w[i]th the appurten[an]c[es] untill the said yearly paym[en]t and all arreares thereof & all charges &
damages occassioned by the non-paym[en]t thereof shall be fully paid Item I give & devise unto John
Sympson son of my said daughter Sarah & to the heires of the s[ai]d John Sympson All that my farme
w[i]th the appurten[n]ances now in the occupac[i]on of Gregory Church in Mersea afores[ai]d Item I give unto John
& Sarah Wayland my brothers children four pounds a piece to be paid them w[i]thin one year next after
my decease All the rest and residue of my money plate securities household goods Stock & personall
estate whatsoever (after the mortgages th[a]t are upon my estate & all other my just debts &
my funerall expenses are satisfied & paid I give unto my said wife & my my eldest son Augustine
to be equally divided betweene them share & share alike And I doe constitute my said wife
and my said son Augustine Executo[u]rs of this my last will and testam[en]t Soe revoakeing all other
wills by me formerly made I doe publish this to be my last will & testam[en]t this fifteenth day of May
in the year of our Lord One thousand six hundred Eighty Nine./
Signed sealed & published by the s[ai]d Augustine
wayland to be his last will & testam[en]t in the p[re]sence
of Augsten
his Mark Waylen
Grege Church
her mark her mark
Naomi Lorrenc marge underod
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