Abstract and Transcription by Elaine Barker August 2021

Abstract
Date of Will:   11 January 1766
Date Proved: 5 September 1766

This will by John Spurden, gentleman, of East Mersea Hall makes bequests to his only son, John, who is under 21. This includes property and lands both freehold and copyhold in Purleigh (occupied by the testators's brother Thomas Spurden), Great Oakley and the property where he himself lives called Nicholls in East Mersea.

He makes bequests to other family members and makes provision should his son die without issue for these other family members to receive the property and money bequeathed to his son. These are brother, Thomas Spurden (married to Philadelphia Spurden), Thomas's only son, Samuel, and four daughters, Rose, Susannah, Mary and Philadelphia, cousin, John Cook, and sister, Elizabeth Wincoll, married to Thomas Wincoll of Langham.

He also leaves a third share in the Sloop, Friends Goodwill, and all his goods and chattels to his son John.

He gives his executors, Thomas Spurden and John Cook detailed financial instructions as to how to manage his estate particularly in the event of the deaths of the beneficiaries and wills that they be guardians to his son during his minority.

Transcription
This is the last Will and Testament
of me John Spurden of East Mersea Hall in the parish of East Mersea
in the County of Essex Gentleman being of sound Mind Memory
and understanding (praised be God for the same) made in manner and
form following that is to say First I give and devise unto my only Son
John Spurden all that my Copyhold Messuage or Tenement and Farm
with the Lands Rights Members and Hereditaments thereunto belonging
situate lying and being in purleigh in the County aforesaid or in some
other parish or places thereunto near or adjoining now in the Occupation of
my Brother M[aste]r Thomas Spurden or his assigns and also all that my
Freehold Messuage or Tenement and Farm with the Houses Outhouses
Barns Stables Yards Gardens Orchards Lands and Hereditaments thereunto
belonging situate lying and being in Hadleigh near Rochford in the
County aforesaid now or late in the Occupation of the Widow Sumner or her
Assigns and aslo all that my Freehold and Copyhold Messuage or Tenement
and Farm with the Yards Gardens Lands Hereditaments and Appurtenances
thereunto belonging situate lying and being in Great Oakley in the said County
or in some other parish or places thereunto near or adjoining now or late
in the Occupation of the Widow Salter or her assigns and also all that Barn
Lands and Hereditaments thereunto belonging called Nichols or otherwise
lying and being in East Mersea aforesaid now in my own Occupation
and all other my Real Estates To hold unto my said Son and his Heirs
forever but if he shall depart this Life under the age of twenty one
years without Issue or if he shall have Issue under his age of twenty one
years

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years and all such Issue shall depart this Life under the age of twenty
one years without Issue then I give and devise all the said Lands
and Tenements unto my Brother the said Thomas Spurden and his
assigns for and during the Term of his natural Life and from and
immediately after his decease I give and devise all the said Lands and
Tenements unto my Nephew Samuel Spurden Son of my said Brother
Thomas Spurden and to the Heirs of the said Samuel Spurden for ever
but if the said Samuel Spurden shall depart this Life under the age
of twenty one years without Issue or if he shall have Issue under the
age of twenty one years and all such Issue shall depart this Life
under the age of twenty one years without Issue then I give and devise
all the said Lands and Tenements to the second third and all and
every other Son and Sons of the Body of the said Thomas Spurden
my Brother begotten or to be begotten upon the Body of Philadelphia
Spurden his present Wife severally successively and in remainder one
also [illegible] in order and Course as they shall be in seniority of age
and priority of Birth and to the several Heirs Male of their several
Bodies lawfully Issuing every Elder of such Sons and the Heirs of
his Body being always to take preferrable to and before the younger
[of] them [illegible] the Heirs of his and their respective Bodies and in default
of [illegible] then I give and devise all the said Lands and Tenements
[illegible] aforesaid or in some other parish or places thereunto or
near adjoining unto my Niece Rose Spurden one of the Daughters of
my said Brother and her Heirs for ever And the said Lands and
Tenements in Hadleigh aforesaid I give and devise unto my Niece
[Su]sannah Spurden another of the Daughters of of my said Brother and
her heirs forever and the Freehold Lands in the Occupation of the
said Widow Salter in Great Oakley aforesaid And all those Copyhold
Lands and Tenements with the Appurtenances called Blossoms in Great
Oakley aforesaid containing by Estimation twenty Acres more or less
and also all the said Barn Lands and Hereditaments in East Mersea
aforesaid I give and devise unto my Niece Mary Spurden another of
the Daughters of my said Brother and her Heirs for ever and all
the Rest of my Copyhold Lands and Tenements in Great Oakley aforesaid
I give and devise unto my Niece Philadelphia Spurden another of the
Daughters of my said Brother and her Heirs for ever Also I give and
bequeath unto my said Brother Thomas Spurden the Sum of twenty
Guineas Also I give and bequeath unto my Cousin John Cook of West
Mersea in the County aforesaid Farmer the like Sum of twenty Guineas
Also I give and bequeath unto my said Son at his Age of twenty one
years all that my one third part of the Sloop or Vessell called the Friends
Goodwill of the Burthen of Eighty Tons and all my household Goods
Furniture Implements in Husbandry Waggons Horses Cows Cattle
Goods Chattels Money Securities for Money and all other my personal
Estate of what Nature or kind soever and wheresoever after payment
of all my just Debts Legacies and other incident Charges but in case
my said Son shall depart this Life under the age of twenty one
years and without Issue and if he shall have Issue and all such
Issue shall depart this Life under the age of twenty one years then
I give and bequeath the Sum of fifteen hundred pounds part of the said
Residue of my said personal Estate unto my Sister Elizabeth the wife
of Thomas Wincoll of Langham in the County aforesaid Farmer and
hir

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her Child and Children that shall be living at the death of my said
Son and his Issue under his or their respective ages of twenty one
years equally to be divided between the said Elizabeth Wincoll and such
of her said Child or Children at their several Ages of twenty one years
my Intent and Meaning \being/ that my said Sister if living as aforesaid
shall have her part of the said fifteen hundred pounds although her
Child or Children shall be under the Age of twenty one years but
if my said Sister shall be dead at the time aforesaid then the whole
of the said Sum of fifteen hundred pounds shall go among her
said Children equally to be divided between them part and share
alike at their respective ages of twenty one years and from and after
the decease of my said Son and his Issue as aforesaid I give and
bequeath the Sum of sixteen hundred pounds other part of the said
Residue of my said Personal Estate unto my said Nieces Rose
Spurden Hannah Spurden Mary Spurden and Philadelphia Spurden
equally to be divided between them part and share alike at their
respective ages of twenty one years and in case any of my said Nieces
shall depart this Life before her or their age or ages of twenty one
years then the Legacy of her or them so dying shall go to the
Survivors or Survivor of them my said Nieces at the age aforesaid
but if they shall all depart this Life under that age then I will that
the whole of the said Sum of sixteen hundred pounds shall go to the
Legal Representative of the Survivor of my said Nieces and from and
after the decease of my said Son and his Issue as aforesaid I give and
bequeath the Interest and proceed of all the other the said Residue of
my said Personal Estate unto my said Brother Thomas Spurden for and
during the Term of his natural Life and from and after his decease I
give and bequeath all the said Remainder and Residue of my said
personal Estate undisposed of unto my said Nephew Samuel Spurden
at his age of twenty one years But if he shall depart this Life under
that age then I give and bequeath the said Residue of my said personal
Estate unto all his own Brothers and Sisters that shall be living at his
death equally to be divided between them part and share alike at their
several ages of twenty one years or Days of Marriage which shall first
happen and in case any of them shall depart this Life before their
said age or Day of Marriage then the part or share of him her or
them so dying shall go to the Survivors or Survivor of them at their
respective ages [illegible]or Days of Marriage which shall
first happen But if all of them shall depart this Life under the said
age of twenty one years or Day of Marriage then I direct that the
said Residue of my said personal Estate shall go to the Legal
Representative of such Survivor Also notwithstanding any thing herein
before mentioned I authorise impower and desire my said Brother
Thomas Spurden and the said John Cook their Executor or Administrators
to employ so much of the said Moneys and Effects as shall be requisite
in carrying on my Farming Business during the Minority of my said Son
for his Use and benefit and all the Rest and residue of my said personal
Estate my Desire is that my said Brother and the said John Cook or the
Survivor of them or the Heirs executors or Administrators of such Survivor
shall put and place out at Interest in some Real Security or Securities
or parliamentary Funds or lay out the same Moneys in the purchase of
Freehold Lands Tenements or Hereditaments in the Counties of Essex
and

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and Suffolk or one of them and Copyhold or Leasehold Estates that
may be necessary or convenient to go or be enjoined therewith and
alter and change the said Real Security and Securities or
parliamentary Security and Securities at any time or times as
they or the Survivor of them his Heirs Executors or Administrators
shall think fit and pay apply and dispose of the Interest Dividends
Rents Issues and profits thereof as the same shall become due
and payable to and for the use of the person or persons that shall
be intitled to the principal Moneys by this my Will and the
Surplus of the said Interest and proceed I will when it shall
amount to the Sum of one hundred pounds shall be put and placed
out at Interest as aforesaid by my said Brother and the said John
Cook or the Survivor of them his Heirs Executors or Administrators
for the benefit of the person and persons intitled to the said principal
Moneys And I direct that the same Lands and Tenements so to
be purchased as aforesaid shall be settled conveyed and assured unto
and to the several uses Trusts Intents and purposes as my said
Residue of my personal Estate is hereinbefore directed to go
Nevertheless I do declare my Mind and Will to be that it shall and
may be lawful to and for my said Brother Thomas Spurden and
to and for all other persons whatsoever after the decease of my
said Brother as and when he she or they shall come into and be
in possession of my said Lands Tenements and Hereditaments
devised or to be purchased as aforesaid from time to time by
Indenture to demise or lease the same premisses or any part
[the]not exceeding twenty one years from the making thereof so as
upon every such Lease or Leases \so to be made as above/, as aforesaid there be reserved or
made payable during the Continuance thereof and to be incident
to and go along with the Reversion expectant on the same the best
and most improved Rent and rents that can be reasonably had
and obtained for the same without taking any Fine or Income
or any other Matter or thing in the Nature or in lieu of any Fine
or Income for or in respect of the making thereof and so as none of
the Lessees to whom such Leases shall be made be by any express Clause
or Words freed from Impeachment of Waste and so as in Every such
Lease or Leases there be contained a Clause of Re-entry in case the
Rent and Rents thereupon to be reserved be behind and unpaid by
the Space of twenty one Days And so as the Lessee or Lessees to whom
such Leases shall be made as aforesaid doth and do seal and
deliver a Counterpart or Counterparts of such Lease or Leases
also my Will is that my said Brother and the said John Cook and
the Survivor of them his Executors or Administrators shall deduct
to themselves out of my said personal Estate or the Interest Dividends
and proceeds thereof or out of the Rents Issues and profits of the
said Lands and Tenements all such Costs Charges and Expenses
whatsoever as they or any of them shall or may disburse sustain or
be put into in or about the Execution or performance or Defence of
any of the Trusts hereby in them or any of them reposed and
that they or any of them shall not be charged or chargeable with
any Sum or Sums of Money other than what shall come to their
hands severally and respectively and that none of them shall be
charged

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shall be charged or chargeable
with or for
the acts or Doings of the other of them but only for his own acts
and Doings respectively and that none of them shall be charged or
chargeable in case any of the said Moneys or the Interest thereof
shall happen to be lost or miscarry by bad Debtors or otherwise also
I nominate constitute and appoint my said Brother and the said
John Cook Guardians of the Body and Estate of my said Son during
his Minority and until he shall attain his age of twenty one
years and Lastly I do hereby make and appoint my said Brother
and the said John Cook joint Executors of this my will and
revoking all others I declare this to be my last In Witness whereof
I the said John Spurden have to this my last Will and Testament
contained in six Sheets of paper set my Hand and Seal to Every
Sheet thereof this eleventh day of January in the Year of our
Lord one thousand seven hundred and sixty six J[oh]n Spurden
Signed Sealed published and declared by the said John Spurden
the Testator as and for his last Will and Testament in the
presence of us and by us attested in his presence and in the presence
of each other Samuel Wall_ Sam[ue]l Wall Jun[io]r_ Tho[mas] Dye
Clerk to M[aste]r Wall

This Will was proved at London on the fifth day of
September in the year of our Lord one thousand seven hundred
and sixty six before the Right Worshipful George Hay Doctor of
Laws Master Keeper or Commissary of the prerogative Court of
Canterbury lawfully constituted by the oaths of Thomas Spurden and
John Cook the Executors named in the said Will to whom
Administration of all and singular the Goods Chattels and Credits
of the said Deceased was granted they having been first sworn by
Commission duly to administer