Will of Symon Kellwaye late of Cullompton, Merchant
Proved 07 October 1569
© Crown Copyright
National Archives Catalogue Reference PROB 11/51/353 Records of the Prerogative Court of Canterbury, Sheffelde Register
Transcribed by Art Ames
In the name of God Amen the tenthe daye of August in the yeare of our Lord God a thousand fyve hundred three score and nyne and in the eleventh yere of the raigne of our Sovereigne Lady Elizabeth by the grace of God of England France and Ireland queen defender of the faith etc. etc.
I Symon Kellwaye of Collompton in the countie of Devon merchant beinge sicke of bodie but nevertheless of whole mynde and pfecte memory laude and praise therefore gyven to almightie God do make and ordeyne this my last Will and Testament in manner and forme folowinge that is to saye
First I do fully and heartelie yelde and comyt my body and soule to the will and pleasure of almightie God my maker faithfullie trusting by the merites of the passion and death of his sonne Jesus Christ my maker and redeemer to be saved and to enjoye the [ ] of his eternall glorie
Item I will my bodie to be buried within the pishe churche of Collompton if it please god to call me nere the same
Item I gyve and bequeath towardes the maytenance of the pishe churche of Collompton aforesaid six shillings and eight pence
Item I gyve and bequeath to the poore inhabitants of Collompton three pounds to be distributed among them within convenient tyme after my death
Item I gyve and bequeath unto every of my servante both men and women who shall happen to be in my service at the tyme of my death three shillings and foure pence
Item I gyve and bequeath to my sister [K..] Leage of Monkeliegh three pounds to be paied unto her after my deathe in manner and form folowing that is to say twentie shillings yerelie untill the hole three pounds be fullie paied if the said [K..] so longe shall happen to lyve
Item I give and bequeath to William Kellwaye my sonne my greatest under chest standing in the chamber over the Hall
Item I will that myne executors of this last Will and Testament hereafter named shall with as much spede after my death as convenient they may collecte and gather up all my goods and debts being owe unto me whatsoever they be as well those which shall be at the time of my death in the [ ] as those which shall on this [ ]
And of same goods so being collected and gathered together to make other sale by their discretions and therefore my said debtes to be received to pay my debts and pforme this my last Will and Testament
And if the profitt of the same my goods so being sold and my debts to be received shall not suffice for the payment of my debts which I shall owe at the tyme of my death and for the prformance of my legacies and devises by this my last Will and Testament gyven willed devised and bequeathed then I will and devise to myne executors hereafter in this my last Will and Testament named all my moietie pte and portion of the rectorie and psonage of Upton Weaver als Collompton with the appurtenances in the countie of Devon to have and to holde the same to my said executors and to every of them longest lyving untill such tyme as my said executors or some or one of them shall or may have [ ] and take of the rente yssues and profitts of my said moietie parte and portion of the rectory [ ] of the same rente yssues and proffitts as with the proffitts of my said goods to be solde and my debts to be received shall be and suffice for the payment of all my debtes by me owing and pformance of my legacies and devices by this my last Will and Testament willed devised and bequeathed
Item I will and bequeath to Johan my wife one yerelie rent of thirtie pounds of good and lawfull money of England to have and prescribe the same to the said Johan and to her assignes yerelie ymmediately from and after such tyme as after my death my debtes and legacies shall be paied and pformed during the naturall life of the said Johan upon this condition that the said Joan shall support beare and fynde to Symon Kayllwaye my sonne and to such other pson as from tyme to tyme shall be his wife competent meate drinke house home and lodging to be taken with the said Johan at Kingesmyll and at no other place as longe as she the said Johan shall happen to lyve
And if the said Johan shall refuse to supporte beare and fynde to Symon Kellwaye mt sonne and to suche other pson or psons as from tyme to tyme shall be his wife competent meate drinke house home and lodging as aforesaid then I do gyve to the said Johan onelie one annuall rent of twentie pounds of good and lawfull money of England to have and payde the same to the said Johan and to her assignes yerely ymmediately from and after suche tyme as after my death my debts and legacies shall be paid and pformed during the naturall life of the said Johan
Item I do gyve to my said sonne William Kaylwaye one yerelie rent of tenne pounds of lawful money of England to have and payde the same to the said William Kaylwaye and to his assignes ymmediatelie from and after suche tyme as after my death my debtes and legacies shall be paid and pformed during a naturall life of the said William
Item I do also give and bequeath to my said sonne William Kaylwaye over and above the said yerelie rent or payment of tenn pounds thirtie pounds of like good money to have and paide the same to the said William and to his assignes ymmediatelie from and after my said debts and legacies paid and pformed and after the death of the said Johan my wife for and during the naturall life of the said William
Item I will and give to Wilmot Kaylwaye the wife of my said sonne William Kaylwaye one yerelie rent of tenne pounds of lawful money of England to have and paide the same to the said Wilmot and to her assignes ymmediatelie from and after the death of the said William her husband for and during the terme of the life of the said Wilmot all and every of the said severall and yerelie rent to issue oute of my moietie part and portion of the said rectory and to be levied and taken of the yssues and proffitts of the same moietie part and portion of the said rectorie in the daies of the feast of the Annunciation of Saint Mary the Virgyn and Saint Michael the Archangel or within xx daies of any of the said severall daies of payment in the mansion house wherein the said Symon Kellwaye doth now inhabit and dwell at Kingesmyll in the said countie of Devon by even portions to be paid
Item if my said sonne William Kaylwaye shall at the tyme of his death happen to have one two three or foure children and not above the said number of foure children then I do gyve and bequeath to every suche child and children as the said William Kaylwaye shall have at the tyme of his death one hundred marks of good and lawfull money of England
Item if the said William my sonne shall at the tyme of his death have above the number of foure children and under the number of tenne children then I do gyve and bequeathe to everie childe and children of my said sonne William fiftie pounds of like good money and if my said sonne William at the tyme of his death shall have above the number of tenn children than I do gyve and bequeath to the children of my said sonne William fyve hundred pounds of like good money
Every of the said bequeathes and devises herein declared to be to the children of my said sonne William Kaylwaye to yssue and go oute of my said moietie parte and portion of the said rectory and to be levied and taken of the yssues and proffitts of the same my moietie part and portion of the said rectorye in manner and form folowing that is to saye thirtie pounds yerelie of good and lawfull money of England ymmediately from and after the death of Johan my wife and of the said William my sonne and ymmediately from and after the death of the said Johan my wife of William Kaylwaye my sonne and of Wilmot the wife of the said William my sonne fortie pounds yerelie of like good money
Every of the said sums of money to be paid and taken yerelie of the yssues and proffitts of my said moietie parte and portion of the said rectoriey at the feast of the Annunciation of St Mary the Virgyn and Saint Michael the Archangel and at the said mansion house of the said Symon Kaylwaye where he now dwelleth at Kingesmyll aforesaid untill the same shall and may be levied and paied to the said children of the said William my sonne to every one of them portion like and by even portions in manner and forme aforesaid by the handes of Symon Kaylwaye my sonne his heirs or assigns who the said Symon Kailwaye my sonne I do extend to gyve and bequeath all my said moietie part and portion of the said rectory of Upton Weaver als Collompton aforesaid and my moietie of the advowson of the vicarage of the same church charged with the said annuall payments as aforesaid with the appurtenances
Item I do gyve and bequeathe to my said sonne Symon Kellwaye all my said moietie part and portion of the said rectory of Upton Weaver als Collompton and my moietie of the advowson of the vicarage of the said churche with the appurtenances to have holde and enjoy the same with all and singular the appurtennces ymmediatelie from and after the estate before lymited to my said executors for the pformance of parts of the legacy and devises by this my last Will and Testament appointed declared determyned to the said Symon Kaylwaye my sonne his heires and assignes to the onlie use and behoof of the said Symon Kaylwaye my sonne his heirs and assignes forever upon theis conditions hereafter in this my last Will and Testament lymyted and mentioned that is to saye
That he my said sonne Symon Kaylwaye within three monthes next after my decease by his writing obligatorie sufficient in the same shall be come bonnden unto the said Johan my wife in the summe of three hundred pounds for the true payment of the said severall rente or yearlie payment unto her the said Johan before gyving and appointed by this my last Will and Testament to her to be paid yerelie during her naturall life according to the true meaning of the same my last Will and Testament
And also upon this condition that my said sonne Symon within three monthes next after my decease by another like sufficient writing obligatory shall be come bonden unto my said sonne William Kaylwaye his brother in the summe of one thousand markes for the said payment unto the said William Kaylwaye Wilmot his wife and to the said children of hym the said William of the severall summes and yerelie payments unto them by this my last Will and Testamently generallie lymited devised and bequeathed according to the tenure and true meaning of this my last Will and Testament
Item I do ordayne and make the said Johan my wife and the said Symon my sonne the onlie executors of this my last Will and Testament
And I shall most heartilie desire my wellbeloved friends George Cockram Humfrey Parrys John Radcliffe and John Bemer to be the overseers of this my last Will and Testament and to see the same in all poyntes pformed according to my true meaning thereby declared and to be assistante to my said executors in the execution thereof unto every of whome my said overseas I do gyve and bequeath for his travail and paynes therein to be taken the summe of twentie shillings
In witness whereof to these presents I have put my hande and seale dated the day and yere first above written
Probate in Latin