Will of Thomas Flay late of Cullompton Gentleman
Proved 24 May 1679
© Crown Copyright
National Archives Catalogue Reference PROB 11/359/664 Records of the Prerogative Court of Canterbury, King Quire Numbers: 1 – 65
Transcribed by Art Ames
In the name of God Amen I Thomas Flay of Chaldon in the parish of Collumpton in the countie of Devon gent being sick and weak but of sound and perfect memorie thanks me to Almighty God revoking all the former and other Wills by mee made doe make and ordaine this my last Will and Testamt in manner and forme following
Imprimus I committ my soul to God my Saviour hoping by and through his merits to obtaine pardon of all my synnes and to be received into his heavenly kingdome and my bodie to the earth from where it came to be buried in the churchyard at Collumpton at the discretion of my executrix hereafter named
Item I give and bequeath unto Mr John Gilbert whom I desire to preach at my funerall fourty shillings and a pulpit cloake
And to the poore of the aforesaid parish of Collumpton I give five pounds to be distributed as my executrix shall think a fit
Item I give and bequeath unto my deare mother Mary Flay a certain messuage or tenement in the parish of Bradninch in the aforesaid countie of Devon commonly called or knowne by the name of Garlandshayes late in the possession of one Thomas Salter and now of Christopher Thomas and Robert Pedrick both or one of them To have and to hold the said messuage and tenement unto the said Mary Flay and her assigns for the tyme and terme of sixtie years if she the said Mary shall soe long happen to live yielding and paying therefore yearly unto the heirs of the said Thomas Flay by quarterly payments sixteene shillings yearely the first payment to comence at the first of the usual feasts or dayes of payment that shall happen after the death of the said Thomas Flay and likewise doe my such S[ ]es and services as are due and of right accustomed I doe also give her all my outdoor goods implemts of husbandry and all the provisions in my house at the tyme of my death
Item my will is that my loving wife Jane Flay shall have and enjoy the Barton or farme of Chaldon during her naturall life according to the settlemt thereof made in marriage and I doe give and bequeath unto her all my household goods stuff in and belonging to my house at Chaldon as also my white mare
And my will is that my sister Johan the wife of Mr Bernard Pratt should enjoy the severall messuages and tenements to her given by my father’s Will for the termes therein expressed determinable on her death
And to the said Bernard Pratt my brother in law also I give and bequeath a certaine messuage and tenemt in the Citie of Exon together with all my right title and interest in the same to have and to hold unto the said Bernard Pratt and his heires forever
Item I give & bequeath unto my cousin Christopher Sandford five pounds to be payd within nyne months after my decease and to the foure children I give fifteen shillings apiece to be payd them at the age of one and twentie years and if any dye before they arrive that age that summe or summes to be equally divided amongst the survivors when they are of the before mentioned age
To the two children of my cousin Humphrey Sanford I give also fifty shillings apiece to be payd at their age of one and twenty years and the whole to the survivour if either dye before he or she be of that age
And to my cousin Greene I give foure pounds to be payd within three months after my decease
Item I give and bequeath unto the children of my cousin Christopher Sanford of Rewse in the parish of Thorne in the countie of Somerset fiftie shillings apiece to be payd when they shall be the age of one and twentie years
Item I give to Margaret the wife of Wm Bidnoll of the aforesaid parish of Collumpton foure pounds to be payd within three months after my death
And to my cousin Winifred the wife of Mr John Osburne of Collumpton aforesaid I give fourtie shillings to be payd within six months after my decease
Item I give and bequeath unto Elizabeth Gird foure pounds to be payd within six months after my decease
And to my servant John Gomes I give five pounds to be payd within nyne months after my decease
And whereas in the deed of settlemt of my estate I have impowered my trustees therein mentioned to raise severall summes of money to the use of my last Will and Testamt my will is and I give and bequeath the said summes to the younger children of the aforesaid Johan Pratt my sister and Mary Kelland the daughter of Walter Kelland my niece the one moitie to be imployed by my trustees for the younger children of my said sister and the other moitie for the younger children of the said Mary till they attaine the age of one and twenty yeares at which tyme each moities is to be equally divided betweene the children of each of them
And if either has but one child then the whole moitie to that child at the aforesaid age but if either or both of them have noe issue then my will is that fourty five pounds of the whole or of the moity that have noe issue shall be reserved by my trustees and I doe give and bequeath twentie pounds thereof to the aforesaid foure children of the said Christopher Sanford to be equally divided betweene them or the survivours of tenn pounds more I give unto the two children of the aforesaid Humphrey Sanford his brother and the survivour of them and the remaining fifteen pounds I give unto the three children of the said Margaret Bidnoll to be equally divided between them and the survivours of them
And tis my will that if the said Bernard Pratt dye without any issue then the said moity over and above the fortie five pounds I give my said sister to be payd immediately after the death of the said Bernard but if hee survive then I give it unto the said Mary Kelland and her children
All the rest of my good chattells and credits I give and bequeath unto the aforesaid Mary Flay my mother whome I make and ordaine sole executrix of this my last Will and Testamt and doe desire my good friends William Sanford of the city of Exon esqr and Wm Arundell of the Middle Temple gent to be ayding and assisting to my executrix in the performing the same and to be overseers of this my Will and for their trouble and paines therein I give to each of them five pounds apiece
In witness whereof I have hereunto set my hand and seale this twentie fourth day of February in ye year of our Lord one thousand six hundred seventy and eight Tho Flay
The word pounds in the thirty seventh line was interlyned and then sealed and published to be the last Will and Testamt of the said Thomas Flay in the presence of Richard Dodge Edward Motty
Probate in Latin