Will of John Cape late of Cullompton, Yeoman
Proved 28 November 1612
© Crown Copyright
National Archives Catalogue Reference PROB 11/120/582 Records of the Prerogative Court of Canterbury, Fenner Quire Numbers: 60 – 121
Transcribed by Art Ames
In the name of God Amen the twentith daye of September in the yeare of our Lord God one thousand six hundred and twelve I John Cape of Colompton in the county of Devon yeoman weake of bodie but of good and perfect remembrance (thanks be to God) do make this my last Will and Testament in forme following
First I bequeath my soule unto Allmightie God my maker
Item I bequeath my body to the earthe from whence it came
Item I give towards the reparation of the church of Wellington in the countie of Somersett xxs
Item I give towards the poore of Wellington xxs.
Item I give towards the repayring of the church of Colompton xs.
Item I give towards the repairing of the church of Bradninch xs
Item I give devise and bequeath unto George Farmer als Chaple of Kittiford in the countie of Somersett all my right estate terme of yeares and interest which I have of and in all those three closes and parcels of lande commonly called or known by these names vizt. the Black pitte the two acres and the [Goxe] in the whole conteyninge by estimation eight acres of land sett lyinge and beinge in Wellington aforesaid
Item my will is that one Christian Cape widow als Perrie of Wellington aforesaid shall ymmediately after the end of three years next after my death have all my farme [ ] and nomynation of name and names that I have or of right ought to have in one barne called or known by the name of the Little Barn and eight acres of land to the same belonginge sett and beinge likewise in Wellington and parcel of the mannor of Wellington
And after the death of the said Christian my will is that [Bathell] Perrie als Cape and Agnes Perrie als Cape the children of the aforesaid Christian shall have all my farm [ ] and nomynation of name and names that I have or ought to have in the said barne and land
Item I give and bequeath unto Humphrie Prescott all those two closes of land called Pratthayes and Mountland conteyning by estimation fouer acres and halfe sett lying and being in Wellington aforesaid for and during the full end and terme of sixe yeares next after my death fullie to be complete and ended
Item I give devise and bequeath unto George Chaple alias Farmer after the end of the said sixe years all my right terme and interest which I have in the said close called Pratthayes with the appurtenances which conteynith by estimation two acres and halfe
Item I give and bequeath unto John Chaple als Farmer after the end of sixe years the other close or parcel of land called Mountlands conteyning by estimation two acres for and during all the residue of the term of years which I have or of right ought to have in the said parcell of land called Mountlands with the appurtenances
Item my will is further that after then of the above recited sixe years yf one Johan Stone of Wellington aforesaid widowe be then living that then the said George and John shall pay everie of them unto the said Johan duringe her life the summe of tenn shillings apiece or within one month after the end of every yeare
My will is further yf the said George and John or their assignes doe not well and truly paye unto the aforesaid Johan the aforesaid annuitie and yerely summe as before is it expressed that then all my said recited interest of and in the two last closes before mentioned and all my interest therein shall be and remayne with unto the said John anythynge heretofore mentioned to the contrary notwithstanding
Item I give and bequeath unto the said Johan one housestanding and being uppon the ground which I bought of Walter [Androse] gent during her life yf my term there doe for longe endure
Item I give devise and bequeath unto John Stone sonne of the said Johan after the end of sixe years next after my death all those tenn acres of land lying near [ ] [ ] of Wellington about which I likewyse bought of the said Walter [Androse] during all the residue of years whereof I have or of right ought to have therein so as he doe yearly paye unto the said Johan his mother twentie shillings lawfull money of England quarterlie by even portions at the fouer most principall and usual feasts of the yeare or within twentie dayes next after everie of the said feasts during her life and so as he doe not sell nor mortgage the same to any person or persons without the consent of my Rulers first asked and obtained therein
Item I give unto the said John Stone after the death of his mother the said house for all such yeares as shall be then to come and unexpired of my lease of and in the same
Item I give to George Farmer als Chaple three poundes one shilling eight pence to be paid within three yeares after my death
But yf the said George happen to die before the ende of three yeares then my will is that said [ ] shall be equally divided amongst the children of the said George
Item I give to John Prescott the son of Humphrie Prescott five pounds to be paid when he shall accomplish the age of one and twentie yeares
Item I give to everie of my godchildren sixe pence
And I do ordayne and make Humphrie Prescott my executor to such use intent and purpose as hereafter in this my present will is expressed (that is to say) that all my goods and chattells shall be within one month next after my decease be valued and praysed by John Warren the elder of Bradninch John Wright the elder and John Wright the younger or any two of them
And my will is that my said executor shall have such of my goods and chattells as he shall like to take and hold payeing for the same according to the rate that it shall be valued or praysed out of whichever the said Humphrie my executor is to be allowed of my debts I owe and legacies which by my will he ought to pay his reasonable charges for my funerall and proving of my Will the residue of my goodes and chattells or the value thereof at the choice of my executor as the same shall be praysed at by the said John Warren John Wright the elder and John Wright the younger or any two of them shall be equallie devided and paid to Thomas James Carnell James and Thomasyne James at such dayes and tymes as the foresaid John Warren John Wright the elder and John Wright the younger or any two of them shall set downe and appoynte and my executor is to give such permission for the same as they shall think fitt (except out of my said goods these parcells viz the fether bedd in the chamber over the hall and bolster and the good pair of sheets which I doe give to John Wright the elder and also my plough stuffe which I doe give to Humphrie Prescott
Also I do appointe and ordayne the foresaid John Warren John Wright the elder and John Wright the younger my overseers and I give to each of them for their paynes five shillings John Cape his mark John Wright
Probate in Latin