George TOLLER [19935]

  General Notes:

Will of George Toller Gent.
9 August 1712
Proved 9 Dec 1712
In the Name of God Amen I George Toller of Earl's Colne in the County of Essex Gent being distempered and weak in body but of Sound and disposing mind and understanding Blessed be God for the same do make this my last Will and Testament in manner following And first I commend my soul into the hands of Almighty God and my body to the Earth to be decently buried in the parish church of Earl's Colne aforesaid as near to my pew as conveniently may be And as to such temporal estate as it hath pleased God to bestow upon me I dispose thereof as follows Item I give to Elizabeth my Loving wife for and during the term of her natural life All that my capital Messuages or tenement called Knotchballs ? Also Peverills with all the houses outhouses Barnes Stables yards gardens orchards lands Meadows pastures floodings woods wood grounds and appurtenances thereunto belonging or therewith used And also one Tenement with a feild (sic) thereunto belonging called Doublewood with a pottage house or office newly worked and built thereupon. And also one acre of meadow more or less lying in Kings Meadow as the same now are in the tenure or occupation of Richard Liddy or his assigns and are situate lying and being in the several parishes of Stanway Copford and Fordham in the said County of Essex or in some or one of these And also one feild containing two acres lying in Stanway aforesaid and now in the possession of Henry Holthim or his assigns Also I further give to the said Elizabeth my wife for the term of her natural life All that my Messuages tenements or farm called fish pitts with all the houses outhouses malting office Barnes stables yards orchards Lands meadows pasture and flooding thereunto belonging or therewith used as the same now are in the tenure or occupation of John Barnard or of his assigns and are situate lying and being in the several parishes of Lamarsh and Alphamston in the said County of Essex And after her decease I give the same Messuages lands and premises herein before given to my said wife for her life to my four daughters (that is to say) Elizabeth Toller Rose Toller Grace Toller and Thomasin Toller and to their Heirs and Assigns forever Item I give to my loving daughter Elizabeth Toller and to her Heirs and Assigns forever All that Messuages or tenement wherein I now dwell with all the houses outhouses malting office yards gardens orchards Lands meadows and pasture grounds lying on the back side thereof and therewith now used and apptayning (sic) And also all the plate bedds household stuff and household goods whatsoever together with the Brewing Vessells which at the time of my decease shall be in and upon the same Messuages or tenement or any part thereof Item I further give to the said Elizabeth my daughter and to her heirs and assigns forever one close or pacell of land called Little Lowfields containing two acres more or less. And also two Crofts of land called Broom Crofts containing by estimation five acres be the same more or less And also one freehold pacell or piece of land called Chalk Pightle now planted with Hopps containing by estimation one acre and a half more or less And I further give to the said Elizabeth my daughter and to her heirs and assigns forever all these my three pieces or pacells of land commonly called or known by the several names of Pippins Millfields and three Crofts containing about twelve acres be the same more or less And I further give to the said to the said (sic) Elizabeth Toller my daughter and her heirs all that tenement with a yard two Closes of land and a barn thereunto belonging commonly called or known by the name of Winford containing by estimation six acres be the same more or less Item I further give to the said Elizabeth my daughter and her heirs all these my lands commonly called or known by the names of Chadwells also Cordwells together with a piece or pacell of ground there unto belonging now planted with Hopps All with said Messuages lands and premises now are in the tenures or occupations of me ye said George Toller Isaac Dyned? and John Bowles and are situate lying and being in the several parishes of Earls Colne and White Colne in the said
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County of Essex Item I further give to the said Elizabeth my daughter and her heirs all these two tenements with the yards Hereditments belonging now in the several possessions of Sarah Wade widow and Edward Goole lyeing in Earls Colne aforesaid. Item I further give to the said Elizabeth Toller my daughter and her heirs All those three cottages lying in Earls Colne aforesaid and now in the several tenures and occupations of Edward Cross Anne Finth widow and Anne Hatch? widow Item I further give to the said Elizabeth Toller and her heirs all the right title and evection which I have after the decease of Martha Vaugaver? widow of in or to one Messuages or tenements situate in upon Colne fford Hill in Earls Colne aforesaid now in the tenure or occupation of Joseph Bott which was surrendered to me by Anne Appleton widow Item I further give to the said Elizabeth my daughter and her heirs all that my Messuages or tenement formerly a farm office with the yards and Barne to the same belonging as the same now are divided into several tenements and now are in the several tenures or occupations of the widow Raymond William Partridge and John London? Situate in Earls Colne aforesaid. Item I give and bequeath to my said daughter Rose Toller and to her heirs and assigns forever. All that my Messuages or tenement land writer heretofore known by the name of Wisemans and now called by the name of the Maiden head with the houses outhouses yards gardens Lands meadows and premises thereunto belonging and now in the tenure or occupation of Matthew Clements situate in Stanway and Copford aforesaid But in case she shall after my decease intermarry with Robert Harris then and immediately after such marriage had and Solomised I give and bequeath the said tenements and lands last mentioned called the Maidenhead to my said daughter Elisabeth Toller her heirs and assigns forever And my will further is of my said daughter Rose Toller shall give to my Executors herein after named a full discharge of all legacies and bequests to her given in and by the last Will and Testament of my late father in law Henry Abbutt and in case she shall refuse to give my Executors such discharge within one month after my decease being by them requested so to do then I give the same premises called Wiseman's with the appurtenances to my said daughter Elisabeth Toller her heirs and assigns forever Item I give and bequeath to my said daughter Grace Toller and to her heirs and assigns forever all that my freehold Messuages or tenement with the houses outhouses yards gardens orchards land pastures and appurtenances thereunto belonging commonly called or known by the name of Spiggins containing by estimation thirty acres be the same more or less together with a wood or Grove called Spiggins wood which said lands tenements wood and premises now are in the several tenures or occupations of me the said George Toller and John Barnard and are situate lying and being in the several parishes of Pebmarsh and Alphamstone in the said County of Essex And my will further is that my said daughter Grace Toller shall within one month after my decease upon demand made to her by my Executors hereinafter named Give to my Executors a full release and discharge of all legacies given to her by Henry Abbutt her late grandfather deceased and in case she shall refuse to give my Executors such discharge as is aforesaid then I give and bequeath the said Messuages and lands with the appurtenances called Spiggins and the said wood called Spiggins wood to my said daughter Elisabeth Toller her heirs and assigns forever Item I give and bequeath to Thomasin Toller my daughter and to her heirs and assigns forever all that Messuages or tenement with the outhouses yards gardens orchards and appurtenances thereunto belonging situate in
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Earls Colne aforesaid and now in the tenure and occupation of Thomas Piper Glover or his assigns Item I further give unto the said Thomasin Toller and to her heirs and assigns forever. All that my peace or pacell of ground called Lowfield or otherwise containing about six acres now planted with Hopps situate lying and being in Earls Colne aforesaid and now in the occupation of me the said George Toller. Also I further give and bequeath to the said Thomasin Toller and her heirs all these my several copyhold tenements lying in Earls Colne aforesaid now in the several tenures or occupations of John Sad the younger, John Fell the elder, John Hatch, Grant King, and George Poartree, And also the tenement late in the occupation of Thomas Sexton. Also I further give and bequeath to the said Thomasin Toller and her heirs one tenement with an Orchard thereunto belonging now in the tenure or occupation of Richard Simonds the elder or his assigns. Also I further give to the said Thomasin Toller and her heirs one piece or pacell of ground lying in the parish of Aldham in the said County containing by estimation five roods of ground more or less and now in the occupation of Thomas Leppingwell or his assigns But my will is that my said daughter Thomasin Toller shall also within one month after my decease upon demand made to her by my Executor give to my Executor a release or full discharge of all the legacies given to her by Henry Abbutt her late grandfather deceased and in case she shall refuse to give to my executors such discharge then I give the said Messuages lands and tenements with all and every the appurtenances given to her the same Thomasin to my said daughter Elisabeth Toller and to her heirs and assigns forever. And my will further is that all my Stock Corn Cattle goods Hopps Hopp Poles and personal estate whatsoever not hereinbefore given away and disposed of shall so soon after my decease as conveniently may be Appraised and Sold and by my Executors hereinafter named for the best price that can be gotten for the same. And the money arising upon the sale thereof my Will is shall be disposed of and applied by my Executors towards payment of my just debts and the mortgages which are upon my said Lands and tenements or any part of them or any of them And whereas several of the Lands and tenements hereinbefore given to my said children are copyholds held of several mannors and the fines fees and quitrents due upon their several and respective admissions will amount to considerable sums of money my will and meaning is and (notwithstanding any former bequest or bequests by me hereinbefore made of them or of or any of them) I do hereby Impower my Executors hereinafter named to let the Lands tenements and premises hereinbefore given to my said four daughters and to every of them for the space of five years after my decease and to have take and receive the rents issues and profits of all the said Lands and tenements both freehold and copyhold given to them my said daughters and every of them respectively for and during the said space of five years and the money arising by such receipt during that time my Will is shall be by my Executors laid out disposed of and employed in the first place for and towards the payment and discharge of all fines fees and quitrents which shall be due upon the several and respective admissions of my said daughters or any of them to the same lands or such of them as our copyhold and after payment of the same fines fees and quitrents my will is that the residue thereof shall by my Executors be paid and employed towards to the payment and discharge of my debts in case my said personal estate before by me given for the discharge thereof shall fall short and not be sufficient for the satisfaction and payment thereof and in case they shall remain any overplus after the payment of the said fines fees quit rents and the remains of my said
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Debts if any be then my Will is and I do hereby give and bequeath such overplus to my aforesaid four daughters to be equally divided between them share and share alike and I do hereby give to my loving kinsman Edward Abbutt and Jonadab Toller each of them a gold ring of the value of one Guinea apiece and I do hereby revoke all former and other Wills by me heretofore made and do hereby constitute and appoint my said daughter Elizabeth Toller and my said kinsman Edward Abbutt and Jonadab Toller to be executors of this my Will In witness whereof I have to this my last Will and Testament written and contained in four sheets of paper set my Hand and Seale to every sheet of the said paper and my Seale to the string that joins the said paper together this nynth day of August in the eleventh year of the reign of our Sovereign lady and Queen of Great Britain France and Ireland and in the year of our Lord One Thousand Seaven (sic) hundred and twelve.
George Toller
Signed Sealed Published and declared By the Testator within named to be his last will and Testament in our presence and wherein subscribed our names as witnesses hereunto in the presence of the said testator.
John Dobie
Daniel King
John Eldred
Probate granted to Elizabeth Toller 9 December 1712.

On the thirtieth day of May in the year of our Lord 1750 issued forth a commission to Thomas Angier late the lawful husband of now administrator of goods etc of Elizabeth Angier, deceased formally Elizabeth Toller spinister, one of excecutors and residual legatees in the last will and testament of George Toller late of Earls Colne in the county of Essex Gent, deceased and who alone proved the Will and Testament of goods etc of the George Toller with said will annexed left unadministed by the said Elizabeth now deceased and according to the Tenor and effect of the said will (Rose Harris widow Grace wife of John Hatch and Thomasine wife of John Bull also a natural lawful daughters of George Toller deceased and surviving residuary legatees named in this will being first cited to accept or refuse and in wise appeared being first pronounced in contempt. He first being sworn duly to administer.
On the sixth day of February in the year of our Lord One Thousand Seven Hundred and Fifty (B.S.) Issued forth a commission to Samuel Hardy appointed by Henry Culbert to be Administrator with the last Will and Testament annexed of George Toller late of Earls Colne in the County of Essex deceased left unadministed by Thomas Angier Deceased late the lawful husband and administrator of the goods etc of Elizabeth Angier deceased formerly Elizabeth Toller spinster the natural and lawful daughter and one of the Executors and residuary Legatees named in the said last Will and Testament of the said George Toller deceased and who alone proved the said Will (Edward Abbutt and Jonadab Toller the other executors first renouncing) to administer the goods etc of the said George Toller deceased with the said Will annexed left Unadministed aforesaid as well by the said Thomas Angier deceased and also by the said Elizabeth Angier deceased and according to the Tenor and Effect of the said Will (Rose Harris widow the natural and lawful daughter and next of kin and the only Surviving Legatee named in the last Will and Testament of the said George Toller Deceased being first at the promotion of the said Henry Culbert cited and intimated to accept or refuse etc and having in no wise appeared been pronounced in contempt (he being first sworn duly so to administer)
Ref: Ess RO D/ACW 24/94

  Other Records

1. Wiill, 9 Aug 1712, Earls Colne ESS.

George married Elizabeth ABBOTT [19945] [MRIN: 7179]. (Elizabeth ABBOTT [19945] was born in 1655 in Colne ESS.)