Will of John Evans late of Cullompton, Yeoman
Proved 22 July 1651
© Crown Copyright
National Archives Catalogue Reference PROB 11/217/678 Records of the Prerogative Court of Canterbury, Grey Quire Numbers: 105 – 155
Transcribed by Art Ames
In the name of God Amen The twentieth day of September one thousand six hundred forty nyne I John Evans of Collompton in the county of Devon yeoman being sicke and weake of body but of good and perfect memory (thanks bee given unto Almightie God) doe make and ordiane this my last Will and Testament in manner and forme following (that is to say)
Imprimis whereas Margaret Tillard of Totnes also in the said county of Devon widdowe William Tilliard of Totnes aforesaid merchant and [ ] his wife Richard Norris Richard Leare and Walter Norris of Totnes aforesaid merchants by their deed indented beareing date the fifth day of September in the fifth yeare of the reign of our late Sovereign Lord King Charles over England etc for the consideration there in expressed did demise and grant unto mee the said John Evans all that cottage or dwellinge house and all that courtladge or garden thereunto adjoyning or belonginge situate lyinge and being within the pish of Collumpton between the King’s highway leading from the towne of Collompton towards Tiverton on the north part the Town Lake on the South part the lande of Richard Skinner gent on the east pte and the land of John Molton on the west part which said demised premises were latelie in the possession of Katherine Cole widdow
And also all that close of land with the appuretenances commonly called or knowne by the way of the Town Lake conteyneing by estimation two acres situate as aforesaid then in the possession of one William Stacye to have and to hould for nynetie and nyne years if such persons as are therein nominated shall soe long live under the yearlie rent of tenn shillings and other covenants and conditions therein conteyned as in and by the same more plainlie and at large appeareth
By virtue whereof all I entered into and am therefore lawfully possessed accordinglie and being so possessed now I doe hereby give and bequeath the said recited cottage and dwelling house courtlage and garden together with the said close of land with the appurtenances unto Thomas Pullman William Sumpter and Maximilian Maddock of Collompton aforesaid gent theire executors and administrators and the survivors and survivor of them for and during the continuance of the said recited estate soe made and granted unto me as aforesaid under such yearly rent and covenants as in the said recited deede are conteyned upon this trust and confidence nevertheless and to this intent and purpose only and to noe other (that is to say)
That they the said Thomas Pullman William Sumpter and Maximilian Madocke theire executors and administrators and the survivor and survivors of them shall permit and suffer Willmot Drew the wife of Joseph Drew the younger of Collompton aforesaid haberdasher peaceablie and quietlie to injoy the same and to receive the rent and proffits thereof after the death of Elizabeth my wife for and duringe the life of a Mellon Marker of Payhembury in the county afore said widdow if the recited estate in the premises shall soe long continue
And that after the decease of the said Elizabeth and Mellon Marker they the said Thomas Pullman William Sumpter and Maximilian Madocke their executors and admors and the survivors and survivor of them shall permitt and suffer Joane the wife of Matthias Rogers of Plymouth in the county aforesaid and her assigns quietlie and peaceably to enjoy the same and receive the rents issues and proffits thereof dureing the continuance of the said recited estate unto mee granted as aforesaid
Item whereas Edmund Wyndham of Cathanger in the county of Somersette esquire one of the gentlemen of the late Kinge [ ] most honorable Privie Chamber and Christobella his wife by their deed indented bearinge date the twentieth day of Aprill in the eighteenth year of the raigne of our late King [ ] over England etc for the considerations therein expressed did demise and grant unto me the said John Evans and my assigns all that theire messuage and tenement in Neither Tale and the several orchards closes of land meadowe and pasture thereunto belonginge with all and singular their appurtenances then and now in the possession of the said Mellon Marker (except as in the said recited deed is excepted) to have and to holde for the terme of nynetie nyne yeares if such persons as are nominated in the said recited deed indented and estate therein granted shall soe long continue the same to commence [ ] upon and after the death surrender forfeiture or other determination of the estate and interest with the said Mellon Marker then had and hath in the last recited premises
By virtue whereof I am lawfully interested in and intitled unto an estate in reversion of and in the premises also I doe hereby give and bequeath the said recited messuage and tenement and all over the before demised or mentioned to be demised and [ ] and every part and parcell thereof with the appurtenances (except as is before mentioned to be excepted) unto Thomas Pullman William Sumpter and Maximilian Maddock their executors and administrators and the survivors and survivor of them for and dureing the continuance of the said recited estate so made and granted unto me as aforesaid under such yearely rents and covenants as in the said recited deede indented are contayned
Upon this trust and confidence nevertheless and to the intent and purpose only and to noe other (that is to say) that they the said Thomas Pulman William Sumpter and Maximilian Madock their executors and administrators and the survivors and survivor of them shall permit and suffer the said Willmott Drew and Thomas Lowe of Lyme Regis in the county of Dorsett joyntlie and equallye to enjoy the same [ ] after the death of my said wife and from the commencement of the said recited terme and to receive the rent issues and proffitts thereof during the continuance of the estate unto mee granted as aforesaid to their own use by an equal division between them without the interruption or denial of the said Thomas Pullman William Sumpter and Maximilian Madock or either of them, their or either of their executors or administrators or any or either of them
And that after the decease of either of them the said Thomas Lowe or Willmott Drew first dying that they the said Thomas Pullman William Sumpter and Maximilian Madock their executors and administrators and their survivors and survivor of them shall permit and suffer William Ford sonne of Thomas Ford of Poltymore in the said countie of Devon husbandman joyntly and equallie to enjoy the premises with the survivor of them the said Thomas Lowe and Willmott Drew And after the decease of the said William Ford in case he dye before my terme in the premises shall expire then to permit and suffer Thomas the second sonne of Thomas Ford aforesaid joyntly and equally to enjoy the same in manner aforesaid dureinge the continuance of the said estate unto mee granted as aforesaid
And my will intent and meaneing further is that if in case any difference shall arise between them the said Willmott Drew & Thomas Lowe or either of them or after the either of their deceases between the survivor of them the said Willmott Drew and Thomas Lowe and the said William Ford and Thomas Ford touchinge the equal receiving of the rents and proffittts of the said tenement or the equal division thereof then I desire my executrix and overseers in this my Will hereafter named and the survivor of them to cause the same to be equallie divided between them that for noe suites at law or controversies may grow thereby
Item whereas I am possessed of an estate of and in one tenement lyeing at Metcombe within the pish of Ottery St Mary in the county aforesaid for term of four score and nyneteen yeares if the lives as are nominated in the grant thereof unto mee made shall soe longe continue now in the occupation of the said John Heyman or his assigns I doe hereby give and bequeath the same after the death of Elizabeth my wife and of the aforesaid Maximilian Madock unto Elizabeth daughter of the said Maximilian for and during the terme of her life if the estate therein unto mee granted as aforesaid shall soe longe continue
Item I give and bequeath unto Maximillian Madock all my books and mannuscripts togeather with the bedstead standinge over the Hall chamber in the Hall chamber in the house wherein I now dwell with the feather bed performed with all the appurtenances thereunto belonging
Item whereas William Coxton of Dulverton in the county of Somerset yeoman by his deed indented beareing date the eight and twentieth day of February in the foureteenth yeare of the raigne of our late Soveraigne Lord King Charles will the considerations therein mentioned did give and grante unto mee the said John Evans all that plot of waste grounde lyeing in the towne of Collompton upon which there were two mansions or dwelling houses which were longe since consumed with fire and are yett lyeing waste adjoyning unto the landes of this said William Coxton now in the terme or possession of the said Humfrey Willy and John Bale the younger in the south and west parts of the land of mee the said John Evans on the north part and the Kings highway leading from Culme bridge unto the pish Church of Collompton on the east part. To have and to hould unto mee my executors administrators and assigns but the terme of two thousand and foure hundred yeares under the yearly rent of six pence at in and by the said deed indented more plainely at at large appeareth
Now I doe hereby give and bequeath the said plott of waste ground togeather with the said deede indented unto the aforesaid Maximilian Madock for and dureing the estate therein unto mee granted yet to come and unexpired hee the said Maximillian Madock satisfyinge and payinge unto the executor or executors of the last Will and Testament of Ambrose Bond late of Poltymore clerk deceased the summe of tenn pounds lawfull money of England within one yeare after my decease if the same be lawfully demanded
Item I give and bequeath all other my goods and chattells (not heretofore nor hereby given and bequeathed) unto Elizabeth my wife whome I make executrix of this my last Will and Testament
Item I make and ordaine the aforesaid Thomas Pullman William Sumpter and Maximillian Madock overseers of this my last Will and Testament unto whome I give and bequeath the summe of twenty shillings apiece to bee bestowed in gold rings as a token of my love towards them but whome I doe committ my trust and confidence as my loveing trusty and sure friends for the honest and conscionable performance of what I have intrusted them with all in this my last Will and Testament desiring them if any difference shall arise touchinge the same to use theire best endeavors or the resolving and ending thereof at in the discretions and consciousness shall be thought and adjudged meet
In wittness whereof I have hereunto putt my hand and this is my last Will and Testament conteyned in two sheets of paper revokeing all former Wills whatsoever John Evans
Pronounced and sealed this is last will on the twentieth day of September one thousand six hundred forty nyne in the presence of us vizt Thomas Pullman Alex Balpen Hen Rowcliffe Hugh Mogford his mark
This Will was proved approved and insinuated at London before the Right Worshipfull Sir Nathaniel Brent knight Doctor of Laws Master or keeper of the Prerogative Court lawfully constituted the two and twentieth day of the month of July in the yeare of our Lord God one thousand six hundred fiftie one by the oath of Elizabeth Evans widow the relict and executrix named in the last Will and Testament of the said deceased to whome who was committed an administration of all and singular the goods chattells and debts of the said deceased she being first legally sworne by virtue of a commission in due forme of law upon the holy and blessed Evangelist