| Will of John Cooke, Gentleman, of West Mersea, 1790, transcribed from National Archives PROB 11/1209/149
Transcription, abstract etc by Trevor Hearn December 2021
Abstract
John Cooke, Gentleman, of West Mersea
Date of will: 10th April 1790
Date of death: unknown
Date of Probate: 23rd September 1791
Probate granted 23 September 1791 in London before the Right Honourable Sir William Wynne, Commissary of the Prerogative Court of Canterbury granting administration to the executors, John Spurden (son-in-law to the testator) and Benjamin Cooke (brother to the testator).
Property bequests:
To John Cooke Spurden (grandson to the testator): the testator's moiety or half-share in the Copyhold and Freehold land and buildings beholden to the manors of West Mersea and Bower Halls currently in the tenure or occupation of the testator, John Scabrow and William Harris; land and buildings in West Mersea that the testator had inherited from his late grandfather, John Cooke; the cottage and lands (7 acres) known as Sumans; the cottage and copyhold lands (5 acres) held of West Mersea manor and residual freehold land in West Mersea currently in the occupation of the testator and William Osborne; buildings and copyhold land (26 acres) in West Mersea held of West Mersesa manor known as Bakers currently in the occupation or tenure of the testator, Henry Pullen, Ralph Coe and John Goslin. If John Cooke Spurden dies before the age of 21 without heirs then these property bequests to go to his eldest brother, Thomas Spurden. In this case the estates are to provide monetary bequests of £600 to each of the testator's grandaughters, Elizabeth Spurden and Phillis Spurden, upon attaining the age of 21.
To Elizabeth Spurden (grandaughter of the testator): copyhold land and buildings in East Mersea known as Wards and held of East Mersea manor, currently occupied by Thomas Cooke and his undertenants. If Elizabeth dies without issue before the age of 21 then the property goes to the testator's grandson, John Cooke Spurden.
Monetary bequests:
John Cooke Spurden: £200; Elizabeth Spurden £900; Phillis Spurden £1,200; Thomas Spurden £800. To be paid when each grandchild attains the age of 21. In the meantime the funds to be invested by the executors in Government Securities with the interest and dividends held for the benefit of the legatees. The share of any legatee that dies without issue before the age of 21 to be shared among the surviving legatees.
Residual personal estate to be divided equally among the four grandchildren: John Cooke Spurden, Elizabeth Spurden, Phillis Spurden and Thomas Spurden. Payment due when they respectively attain the age of 21; until then residual estate to be invested on Government Securities as above.
Executors appointed: John Spurden and Benjamin Cooke.
Will signed on 10th April 1790 in the presence of witnesses William Mason, William Mason junior and J Diss.
Transcription of the will
Page 1
1 In the Name of God Amen
2 John Cooke of West Mersea in the County of Essex
3 Gentleman being of sound and disposing Mind Memory
4 and understanding (thanks be give to Almighty God for
5 the same) do make this my last Will and Testament in
6 manner following (that is to say) First I commend my
7 Soul into the hands of Almighty God my Creator hoping
8 through the Merits of Jesus Christ my Redeemer to obtain
9 remission of all my Sins and my Body I commit to the
10 Earth to be decently buried at the discretion of my Executors
11 hereinafter named and as to the Temporal Estate wherewith
12 it hath pleased God to bless me I dispose thereof as follows
13 Imprimis I give and devise unto my Grandson John
14 Cooke Spurden all that my undivided Moiety or half part
15 of and in all that Messuage or Tenement and Farm with
16 the Barnes Stables Cottages Houses Outhouses Buildings
17 Yards Gardens and the Several pieces or parcels of Land
18 thereunto belonging or in any wise appertaining with
19 their and every of their Appurtenances the greatest part
20 whereof being Copyhold and held of the several Manors
21 of West Mersea and Bower Hall \or/ one of them in the said
22 County of Essex and which I have Surrendered to the use
23 of my Will and some part thereof being Freehold and
24 all situate lying and Being in West Mersea aforesaid
25 and now or late in the several Tenures or Occupations of
26 myself and of John Scabrow William Harris and [blank space]
27 [blank space] Death or some or one of them and also all
28 other my Messuages Lands Tenements and Hereditaments
29 whatsoever situate and being in West Mersea aforesaid
30 and which came to me under and by Virtue of the
31 Will of my late Grandfather John Cook Deceased and all
32 hat my Cottage or Tenement with the Several pieces or
Page 2
1 parcels of Land thereto belonging containing by
2 Estimation seven Acres of thereabouts called or known
3 by the Name of Sumans the Cottage and about five
4 Acres of the Land being Copyhold and held of the same
5 Manor of West Mersea and which I have also
6 Surrendered to the use of my Will and the remainder
7 being Freehold and situate and being in West Mersea
8 aforesaid and now or late in the several Occupations of
9 myself and William Osborne and also all that my
10 Copyhold Messuages or Tenements and Farm with the
11 Cottages Barn Stable Outhouses Buildings Yards Gardens
12 Orchards and the several pieces or parcels of Land
13 thereunto belonging containing by Estimation Twenty
14 Six Acres more or less called or know by the name of
15 Bakers situate in West Mersea aforesaid and holden of
16 the said Manor of West Mersea by Copy of Court Roll
17 and which I have likewise Surrendered to the use of my
18 Will as the same are now in the several Tenures or
19 Occupations of myself and of Henry Pullen Ralph
20 Coe and John Goslin or some or one of them to hold
21 all and Singular the said several Messuages or
22 Tenements Farms Land Hereditaments and Premises
23 with their and every of their Appurtenances (according
24 to my Right and Interest therein and thereto respectively[)]
25 unto my said Grandson John \Cooke/ Spurden and his Heirs
26 for ever provided nevertheless and my Will is that if my
27 said Grandson John Cooke Spurden shall happen to die
28 under the Age of Twenty one years without lawful
29 Issue of his Body so that the said Real Estates hereinbefore
30 given to my Grandson John Cooke Spurden and his
31 Heirs as aforesaid shall descend and go to his Eldest
32 Brother Thomas Spurden and his Heirs then and
33 in such case I do hereby subject and charge the whole
34 of such Real Estate with the payment of the Sum of
35 Six hundred pounds a piece of good and lawful Money
36 of Great Britain unto my two Grandaughters Elizabeth
37 Spurden and Phillis Spurden to be paid to them respectively
38 within six Months next after my Grandson the said
39 Thomas Spurden or his Heirs shall become possessed of
40 the said Real Estates hereinbefore given to my said
41 Grandson John Cooke Spurden and his Heirs as
42 aforesaid in case my said Grandaughters shall then
43 have attained the Full Age of Twenty one years and if
44 not then so soon as my said Grandaughters shall
45 respectively attain the said Age of Twenty one years
46 with full power for my said Grandaughters in the event
47 aforesaid to enter upon all or any part of such premises
48 so charged as aforesaid to distain in case of
49 Nonpayment of the said Several Legacies or any part
50 thereof also I give and devise \unto/ my Grandaughter
51 Elizabeth Spurden all that my Copyhold Messuages or
52 Tenement
Page 3
1 Tenement and Farm with the Barn Stab[l]e Houses
2 Outhouses Buildings Yards Gardens and the several
3 pieces or parcels of Land thereunto belonging called
4 or known by the Name of Wards containing by Estimation
5 Seventeen Acres or thereabouts situated and being in
6 East Mersea in the said County of Essex and holden
7 of the Manor of East Hall in East Mersea aforesaid by
8 a Copy of Court Roll and which I have also Surrendered
9 to the use of my Will as the same is now in the
10 Tenure or Occupation of Thomas Cooke his Undertenants
11 or Assigns to hold the said last mentioned Copyhold
12 Messuage or Tenement Farm Lands and Premises with
13 their and every of their Appurtenances unto my said
14 Grandaughter Elizabeth Spurden and the Heirs of her
15 Body lawfully to be begotten and in case my said
16 Grandaughter Elizabeth Spurden shall happen to die
17 under the Age of Twenty one Years without lawful
18 Issue of her Body or if my said Grandaughter
19 Elizabeth Spurden should have such Issue and the
20 same shall die under the age of Twenty one Years
21 without Issue of his her or their Body or Bodies
22 Then and in either of such cases so happening I
23 give and devise the said last Mentioned Messauge
24 or Tenement Farm Land and Premises with their
25 Appurtenances unto my Grandson John Cooke Spurden
26 and to his Heirs for ever also I give and Bequeath
27 unto my said Grandson John Cooke Spurden the
28 Sum of two hundred pounds of lawful Money of
29 Great Britain to be paid him out of my personal
30 Estate and Effects by my Executors hereinafter named
31 or the Survivor of them or the Executors or Administrators
32 of such Survivor within six Calendar Months next
33 after my decease in Case my said Grandson shall
34 then happen to be of the Age of Twenty one Years
35 and if not then so soon as he my said Grandosn
36 shall attain the said Age of Twenty one Years also I
37 give and Bequeath unto my aforesaid Grandaughter
38 Elizabeth Spurden the Sum of nine hundred pounds
39 of like lawful Money of Great Britain also I give
40 and Bequeath unto my aforesaid Grandaughter
41 Phillis Spurden the Sum of twelve hundred pounds
42 of the like lawful Money of Great Britain also I give
43 and Bequeath unto my Grandson Thomas Spurden
44 the Sum of Eight hundred pounds of like lawful
45 Money of Great Britain all which said three last
46 several Legacies I Will and direct shall be paid my
47 said Grandchildren respectively by my Executors or
48 the Survivors of them or their Executors or Administrators
49 of such Survivor out of my said personal Estate
Page 4
1 and Effects within six Calendar Months next after my
2 decease In Case my said Grandchildren shall then have
3 respectively attained the Age of Twenty one Years and
4 if not then so soon as they shall respectively attain the
5 said Age of Twenty one Years and in the Meantime and
6 until my said Four Grandchildren shall be intitled to
7 receive their said respective Legacies I Will and do
8 hereby order and direct my Executors hereinafter named
9 or the Survivor of them or the Executors or Administrators
10 of such Survivor to place out the said Several Legacies
11 on Government Security or Securities and lay out and
12 Invest from time to time the Dividends Interest and
13 Proceed arising therefrom respectively as the same shall
14 respectively become due and payable in the purchase
15 of Stock in the Funds in which the said several Legacies
16 shall be respectively placed out so that the same may
17 accumulate and be made the most of for the benefit and
18 advantage of my said Grandchildren respectively and
19 to be paid or transferred to them respectively at the same
20 time he she and they shall be intitled to receive their
21 said respective Legacies as aforesaid and if any or other
22 of my said Grandchildren shall happen to Die before
23 his her or their said Legacy or Legacies shall become
24 due and payable by this my Will without leaving
25 lawful Issue of his her or their respective Body or Bodies
26 then I give and Bequeath the Legacy or Legacies of him
27 her or them as shall so happen to Die without Issue
28 as aforesaid together with what shall have Accumulated
29 in the laying out and Investing the Dividends Interest
30 and Proceed arising from such respective Legacies as
31 aforesaid unto and among the Survivors or Survivor
32 of such Grandchildren in equal Shares and proportions
33 (if more than one) to be paid or Transferred to such
34 Survivors or Survivor at the same time his her or their
35 Original Legacy or Legacies shall become due and
36 payable and after payment of my just Debts the aforesaid
37 Legacies my Financial Expenses and the Charges of
38 proving and attending the Execution of this my Will and
39 other incidental expenses I give and Bequeath all the
40 Rest residue and remainder of my Personal Estate and
41 Effects of what nature or kindsoever and wheresoever
42 unto my aforesaid Four Grandchildren Thomas Spurden \John Cooke Spurden/
43 Elizabeth Spurden and Phillis Spurden to be equally
44 Divided between them share and share alike at their
45 respective Attainments of the Age of Twenty one Years
46 and my Will and meaning is that in the mean time
47 and until my said Grandchildren shall respectively
48 attain the said Age of Twenty one Years (in case it
49 shall so happen that any of my said Grandchildren
50 shall be under that age at the time of my Death) my
Page 5
1 Executors or the Survivor of them his Executors or
2 Administrators shall with all convenient speed after my
3 Decease place out the residue and remainder of my
4 said Personal Estate and Effects on Government Security
5 or Securities for the benefit and advantage of my said
6 Grandchildren respectively or of such of them as shall
7 be under the said Age of Twenty one Years at the
8 time of my Decease and lay out and Invest the
9 Dividends Interest and Proceed thereof as the same
10 shall from time to time become due and payable in
11 the purchase of Stock in the same Funds for each and
12 every Grandchilds benefit and Advantage and which I
13 Will and Direct shall accumulate and be paid and
14 transferred to them respectively at the same time his
15 her or their Original part and share or parts and shares
16 of and in such Residue shall become due and payable
17 and if any or either of my said Four Grandchildren shall
18 happen to Die under the said Age of Twenty one Years
19 without leaving lawful Issue of his her or their Body
20 or Bodies then and in such case I give and Bequeath
21 the part and share or parts and shares of such of them
22 as shall so happen to Die under Age and without
23 Issue as aforesaid of and in the residue of my said
24 Personal Estate and Effects and also of and in what
25 shall have Accumulated from the placing out the
26 Dividends Interest and Proceed thereof in manner
27 hereinbefore directed unto the Survivors or Survivor
28 of my said Grandchildren to be paid or Transferred to
29 such Survivors or Survivor at the same time his
30 her or their Original share or shares of and in such
31 residue and of and in such Accumulation is hereinbefore
32 directed to be paid or Transferred and I do hereby make
33 Nominate constitute and appoint my Son in Law John
34 Spurden of West Mersea aforesaid Gentleman and my
35 Brother Benjamin Cooke of Peldon in the said County
36 of Essex Gentleman Executors of this my Will and Guardians
37 of the Persons and Estates of my said Grandchildren during
38 their repsective Minorities and until they shall respectively
39 attain the Age of Twenty one Years and my mind and
40 Will is that it shall and may be lawful to and for my
41 said Executors out of the Rents and Profits of the aforesaid
42 Real Estates or any or either of them or out of the Dividends
43 Interest and Proceed of the Legacies hereinbefore given
44 to my said Grandchildren and Directed to be placed out
45 in case they shall be under the Age of Twenty one
46 Years at the end of Six Calendar Months next after my
47 decease or out of any other Monies that shall come to
48 their Hands by Virtue of this my Will to retain and
49 reimburse themselves respectively all such Losses Costs
50 Charges Damages and Expenses whatsoever which they
51 or either of them shall or may sustain or be put unto
52 by reason or means of the Execution of this my Will
Page 6
1 or the performance of the Trusts hereby in them reposed
2 and that they or either of them shall not be charged or
3 chargeable with or Accountable for more of the Rents
4 and profits of the said Estates or of the Dividends Interest
5 and Proceed of the said Legacies or any of them or of any
6 other Monies that shall be by then received and placed
7 out by Virtue of this my Will that they shall respectively
8 Actually receive or shall come to their respective hands
9 by Virtue of this my Will [next 2 lines are blank---------------
10 ----------------------------------------------------------------------------
11 -----------------------------] and the Trusts herein mentioned
12 Nor with or for any loss that shall or may happen of the
13 Rents and Profits of the said Estates or any or either of
14 them or of the said several and respective Legacies or any
15 or either of them or the Dividend Interest and Proceed
16 thereof or of any part thereof so as such loss shall happen
17 without their respective Wilful Default nor shall they or
18 either of them be Answerable or Accountable for the other
19 or others of them or for the Acts Receipts or Disbursements
20 of the other or others of them but only for his own particular
21 Acts Receipts and Disbursements nor shall they or either of
22 them be Answerable or Accountable for any Monies which
23 he or they shall not take into his or their Actual
24 Possession notwithstanding his or their Signing any
25 Receipt or other Discharge for such Monies for conformity
26 or jointly with \the/ other Executor and hereby revoking and
27 making Void all former and other Will and Wills by me
28 at any heretofore made I publish and Declare this to be
29 my last Will and Testament In Witness whereof I the
30 said John Cooke to this my Last Will and Testament contained
31 in Four Sheets of Paper have to each Sheet Set my hand
32 and Seal this Tenth Day of April in Year of our Lord one
33 thousand seven hundred and ninety [signature and seal of John Cooke]
34 Signed Sealed Published and Declared by the said Testator
35 John Cooke as and for his last Will and Testament in
36 the presence of us who in his presence at his request
37 and in the presence of each other have hereunto Subscribed
38 our Names as Witnesses - Wm Mason - William Mason
39 Junr - J. Diss
40 This Will was proved at London on the Twenty
41 Third Day of September in the Year of our Lord one
42 thousand seven hundred and ninety one before the
43 Right Honourable Sir William Wynne Knight - Doctor
44 of Laws Master Keeper or Commissary of the Prerogative
45 Court of Canterbury lawfully constituted by the Oaths of
46 John Spurden and Benjamin Cooke the Brother of the
47 deceased and the Executors named in the said Will to whom
48 Administration was granted of all and Singular the Goods
49 Chattels and Credits of the said Deceased having been first
50 sworn by Commission duly to Administer
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