Will of John Herdinge or Hardinge late of Cullompton, Yeoman
Proved 25 May 1653
© Crown Copyright
National Archives Catalogue Reference PROB 11/228/105 Records of the Prerogative Court of Canterbury, Brent Quire Numbers: 166 – 217
Transcribed by Art Ames
In the name of God Amen The fifth daie of November in the yeare of our Sovereigne Lord Charles by the grace of God King of England Scotland, Ireland Defender of the Faith etc Anno Dom 1644 I John Hardinge the elder of Collumpton in the countie of Devon yeoman being sick and defected in bodye but yet in good and perfect memorie thanks be to Almightie God doe nominate and ordayne this my last Will and Testament in manner and forme following vizt. That is to saie
First I committ my soul to Almightie God my Maker and by the merritts of my only Saviour and Redeemer Jesus Christ to inherit eternall lyfe in the kingdom of heaven and my body to Christian buriall
Item I doe and by theise [ ] devise that Thomasin my wife shall have and injoy the benefitt of all that moyetie or halfendeal of one messuage or tenement lande meadowe and pastures and commons thereunto belonging to which I did hold together with one John Ball late of Collumpton aforesaid called or known by the name of the Grange or Weaver lying and being within the mannor of Upton Weaver in the said parish of Cullumpton for the terme of three score yeares if she shall happen soe long to live
Item my will is and I do devise that the said Thomasine my wife shall have the use and enjoy all the dwellinge house wherein I now inhabit and dwell together with all other houses and courtlages to the same belonginge and also the garden and one orchard belonginge to the said dwelling house the hams and orchard excepted from any immediately after my decease from thenceforth for and during the term and time of twentie yeares if she shall happen soe longe to live a widdowe and unmarried
And my will is that my said wife shall repaire and maintaine all the said houses duringe the term she doth injoy them
Item after the decease of the said Thomasine my wife I give and bequeath all ye residue of the estate right title terms of yeares which I have or ought to have of and in the aforesaid messuage or tenement called the Grange or Weaverland and all the lande pasture meadowes woode and commons thereunto belonging unto William Harding my sonne his exors and assignes for and during all the residue of my estate and terme of years as shall then to come and unexpired
Item I further give and bequeath unto the said William Hardinge my sonne all the issues and proffitts of the messuage and tenement wherein I now dwell and inhabitt for the terme of six yeares next after my decease the use of all the houses courtillages garden and orchard before herein devised to my wife (excepted) and also except all young oakes and all other timber trees except it be to and for the repairinge of the premises for and towards the paiment of my debts and legacies hereafter and hereby given the said William to have the parings and shreddings of the trees but not to fell any of the meadowes
Item I give and bequeath unto Grace Harding my daughter all the issues and proffitts of the messuage or tenement aforesaid wherein I now dwell and inhabitt for the terme of five yeares next and immediately after William my sonne six yeares be expired the young oakes and all timber trees excepted as aforesaid she the said Grace to have the pairings and shreddings of the said trees after the estate and terms of and in the said messuage and tenement with the appurtenances before herein devised unto my wife William my sonne and Grace my daughter
Item I give and bequeath until Nicholas Harding my sonne his extors and assignes all my estates right and title interest and terme of yeares which I have or ought to have of all and in all that messuage and tenement and all lande meadowes pastures feedings and commons thereunto belonging wherein I now dwell and inhabitt sittuate and being on the north side of the old bridge in the mannor of Upton Weaver within the parish of Collumpton aforesaid the estate and terme in all the houses cortlages gardens and orchard of and in the prems before herein demised to my wife also the issues and proffitts of the six yeares unto my sonne William and the five years unto my daughter Grace before herein given and bequeathed of and in the said premises only excepted
Item now I give and bequeath unto the said Nicholas Harding my sonne his extors and assignes one messuage or tenement with the appurts situate in Upton Weaver aforesaid within the parish of Collumpton aforesaid at or near the old bridge contayninge by estimation one acre then or late in the tenure holding or occupation of one Nicholas Gillingham or his assignes
Item I doe further give and bequeath unto Thomasin my wife the standinge bedstedd which is now in the parlor of my foresaid dwelling house with the bed therein performed (that is to say one pair of sheetes one pair of blanketts one feather boulster one feather pools and the pillowtie and the greene rugge thereunto belonging
Item I give and bequeath unto the six children of my daughter Blackmore the wife of Robt Blackmore of Sheldon to each of them ten shillings apiece to be paid to each of them at one yeare next after my decease
Item I give and bequeath unto Thomasin Harding the daughter of my son John Harding fortie shillings to be paid unto her at or within one yeare next after my decease
Item I give towarde the repairinge of the Church of Collumpton aforesaid twentie shillings and to the poore people of the said pish of Collumpton other twentie shillings
All the residue of my goods and chattells not before given and bequeathed I give and bequeath unto William Harding my sonne whom I doe make my whole and sole extor of this my last Will and Testament and to paie my debts and legacies and to discharge my funerall expenses
And I doe desire and appoint my sonne in law Robt Blackmore of Sheldon and William Norman of Collumpton to be my overseers to this my last will to be performed accordingly and for their paines taken therein I give to each of them five shillings apiece revoking all former Wills and Testaments legacies and bequeathes
In witness my hand and seale the day and yeare above written John Harding
testamino the mark of Matthew Oxenchott the mark of Johan Moore
May the 4th 1649
Memorandum that whereas John Hardinge of Collumpton in the countie of Devon yeoman hath in and by his last Will and Testament after the death of Thomasin his now wife given and bequeathed all the residue of the estate title terme of years and interest which he hath or ought to have of or in the moyetie or halfen deale of one messuage or tenement called the Grange or Weaverland and all land pastures woode and commons there unto belonging unto William Hardinge his sonne his executr and assignes for and duringe all the residue of his estate & terme of yeares as should be then and after to come and unexpired in case the said William Hardinge shall at any tyme or tymes hereafter intermarry or take to wife any or either of the daughter or daughters of one Joan Whitney of Broadembury in the countie aforesaid widdow or in case he the said William Hardinge his sonne doe or shall at any tyme or tymes hereafter grant assign sett over give devise or bequeath any of the premises unto any or either of the said daughter or daughters of the said Joane Whitney before mentioned or any part or parcell thereof or any lande goods chattells or chattells mentioned to be given or bequeathed unto him the said William Hardinge in and by the said last Will and Testament of the said John Hardinge then and in such case or cases or in any or either of them hee doth give and bequeath the before recited or mentioned moyetie or halfe endeal of the before worded or mentioned premises with the appurtenances unto Grace Harding his daughter and her assigns for and duringe the termes of fourtie yeares if she the said Grace Hardinge soe long shall happen to live the said terme to commence and begin and take effect of and in the aforesaid recited premises immediately from and after the death of the said Thomasine his now wife and such intermarriage or taking to wife as aforesaid
And from and after such aforesaid death of Thomasine his now wife intermarriage as aforesaid and from and after the end and expiration of the said terme of fourtie yeares so given and bequeathed unto the said Grace Hardinge if she long shall happen to live then and from thence forth he doth give and bequeath unto Nicholas Hardinge his sonne his exectrs administrators or assigns all his right estate title claime interest terme of yeares demand whatsoever which he hath or ought to have by any way or waies whatsoever to come and unexpired of or in the aforesaid moyetie or halfenddeale of the before recited and mentioned messuage or tenement called the Grange or Weaver Land and all lands meadowes pastures woods underwoods waies paths and commons water and water courses and hereditaments whatsoever there unto belonging or in any waies appertayning or had been occupied or enjoyed there on or any part thereof to or with the same or any part of thereof
And alsoe immediately from and after such foresaid intermarriage with any or either of the daughter or daughters of the aforesaid Joane Whitney as aforesaid or she in cause that the said William his sonne doth or shall at any tyme or tymes hereafter grant assign sett over give devise or bequeath any of the goods lands chattells or cattells aforesaid to any or either of the said daughter or daughters of her the said Joane or unto her the said Joane Whitney or to any other person or persons whatsoever to this or any or either of their heirs or give benefitt or behoofe that then in such case or cases aforesaid or either of them he doth make frustrate and voyd all former gifts legacies & bequeaths whatsoever soe given and bequeathed unto the said William Hardinge in and by his last Will and Testament he doth give and bequeath the same premises unto Nicholas Harding his heirs administrators and assignes for and during all his severall and respective estates termes of years interest and demands whatsoever then to come of an in the same premises or any part and parcel thereof
Item he giveth and bequeatheth unto the said William Hardinge his son ten pounds to be paid unto him within one yeare next after such intermarriage or giveing or grantinge or bequeathing of the premises as aforesaid
Item he doth make voyd and frustrate one legacie of fourtie shillings and given by him to Francis Harding his sonne in and by his last Will and Testament and doth hereby give and bequeath unto him the said Francis Harding his sonne the summe of twentye shillings to be pd unto him the said Francis yearely by even and equal portions for the terme of fiftie years if he the said Francis soe long shall happen to live the first payment thereof to commence and begin next and immediately after the expiration and end of eleaven yeares next after my decease if the said William doe marry as aforesaid then and in such cases hereby
Item he doth make voyd and put out his sonne William from being exectr to his last Will and Testament and he doth hereby constitute and ordayne Nicholas Harding his said sonne his sole and whole exetr of and to his last Will and Testament
In witness whereof he hath hereunto sett his hand and seale the aforesaid fourth day of May 1649
Also his will intent and meaning then was that his former recited or mentioned or intended to be recited last Will and Testament should stand and be in force in all of other portions Jno Hardinge
Sealed published in the presence of Humphrey Sandford John Monser Grace James the 27 day of Augt 1649 the said John Harding give the cupboard standing in his hall unto Nichs Harding his sonne but his Will was that Thomasine his wife should have only the stage thereof there so long as she liveth in the pres of Robert Blackmore Grace Hardinge
This Will and codicil was proved at Westminster by ye Judges for probate of Wills and granting Administration the five and twentith day of May 1653 by ye oath of William Harding ye naturall & lawfull sonne of ye said deceased and sole executor named in ye said Will to whome was committed all and singular ye goods chattels and debts of ye said deceased he being sworne by commission truly to administer the same