Will of John Thomas late of Cullompton, Gentleman
Proved 06 February 1611
© Crown Copyright
National Archives Catalogue Reference PROB 11/117/107 Records of the Prerogative Court of Canterbury, Wood Quire Numbers: 1 – 58
Transcribed by Art Ames
In the name of God Amen the tenth daye of November in the yeare of our Lord God one thousand six hundred and nyne and in the yeare of the raigne of our Soveraigne Lord James by the grace of God king of England France and Ireland defender of the faith etc. the seaventh and of Scotland the three and fortithe
I John Thomas of Upton in the parish of Colompton in the countie of Devon gentleman beinge of perfect memory and good remembrance (thanks be unto Almightie God for the same) revoking all former Wills Testaments legacies and bequests by me at any tyme heretofore made given or bequeathed do make this my last Will and Testament in manner and forme following
First I bequeath my soule to Allmightie God my maker and redeemer by whose death and passion I do verylie believe to be saved
Item I will my body to be buryed in decent manner in xpian buryall in the churche or churchyarde of the parish where yt shall please God to take me out of this transitory life by the discetion of my executor hereafter named and such costs to be expended in my funerall as to my said executor shall be thought meete and necessarye (not bestowing any black mourning cloathes to the said buryall)
Item I give towards the reparation of the church of Colompton aforesayd [ ]
Item I give to the poore of the pish of Colompton aforesayd fouer pounds of lawfull money of England to be distributed by the discretion of myne executor withyn fouer dayes after my buryall yf it may be conveniently done in so short a tyme or otherwise with suche convenient speede as yt conveniently may be done.
Item I give to every of my godchildren that shall be living at the tyme of my death demanding the same twelve pence apiece
Item I give to my cosin Anne Crosse nowe dwelling with me and so continue to my death three poundes sixe shillings eight pence
Item I give to Arthur Ford my servant also nowe dwelling with me and so continue to my death three poundes sixe shillings eight pence
Item I give and bequeath to Elizabeth Knight widowe and to Anne Ford and to every of them apiece (yf they be with me in service at the tyme of my death) fortie shillings and yf they or any of them fortune to departe before my death shall not her legacy to her or any of them here bequeathed
Item I give allso unto John Knight yf he serve with me at the tyme of my death twentie five shillings eight pence
Item I give to every other of my servants beyng dwelling with me at the tyme of my death and in [ ] thirteene shillings fouer pence apiece
Item whereas I the sayed John Thomas by my deede wryting under my hande and seale bearing date the seaventh daye of Aprill in the fourteenth year of the raigne of the late soveraigne lady of famous memory Elizabeth late Queen of England have assured granted and set over unto William Norrys gent nowe deceased his executors and assignes all my estate terme and interest for which I then had to come for divers yeres then and yet enduring of and in all that my messuage or tenement in the towne of Colompton aforesayed wherein Thomazine Thomas my mother dwellt at the tyme of her death and of and in three closes of land and one wood called Knoles to or with the same messuage or tenement belonging used occupyed or enjoyed with all and singular theire appurtenances and of and in the parsonage house of Upton Weaver with the appurtenances and of and in all lands meadows leases pastures and woods to the same belonging or then posd to or with the same as part parcel or member thereof situate lying and beyng in Colompton aforesayed (and by the same deede or wryting more at large yt may appeare)
And whereas one Elizabeth Norrys widowe executrix of the last Will and Testament of the said William Norrys her late husband by her deede bearing date the fourteenth daye of August in the fifteenth yere of the raigne of the sayed late Queen Elizabeth at the request of me the sayed John Thomas did assure and conveye unto Philipp Webber gentlemen and John Norrys sonne of the same Elizabeth their executors and assignes all such estate title terme of yeres as she the said Elizabeth then had or ought to have of in or to the sayed recited premises and likewise all the same premises to suche uses intents and purposes lymitations and declarations as in and by the same recyted made by the sayed Elizabeth Norris about sayed or set downe and expressed as in and by the same recyted deede more at large yt dothe and maye appeare
And whereas the said John Thomas have assured granted and put over unto George Chappell his executors and assignes all such estate title terme and interest as I the sayed John Thomas then have to come and unexpired of and in one tenement with his appurtennces now in the severall termes or occupation of William Tenslade Mrs Katherine Prescott widowe or their assignes situate lying and being in Colompton as aforesayed as by my severall deedes thereof to them made more at large yt doth and maye appeare
And whereas he the said George Chappell by his deede bearing date the seaven and twentith daye of October in the sixteenth yere of the raigne of the sayed Queen Elizabeth did at the request of me the said John Thomas assure and conveye unto Nicholas Turner John Norrys and Robert Chaffe theire executors and assignes all suche estate title terme of yeres and interest as he the said George Chappell then had of and in the premises with the appurtenances to hym granted as abovesayed and likewise the same premises and that to such uses intents purposes and limitations as in and by the sayed last recited deed made by the said George Chappell more fullie and plainlie yt doth and may appear
And whereas in and by the said severall deedes made by the sayed Elizabeth Norrys and George Chappell as abovesaid I the said John Thomas have and have power and authority to dispose the sayed severall tenements and every parte thereof by my last Will and Testament to suche person and persons as I the said John Thomas [ ] thinke to have them and every of them all which severall termes of yeres and the said severall wrytinges mentioned I do declare by this my Will not to be surrendered expired nor determined but do as yet remayne in full force and beyng
Now I they sayed John Thomas do mynde and intend and by this last Will and Testament do pronounce declare devise and appoynet and my true intent and meaning ys thereby that thee said John Norris and Robert Chaffe and either of them theire and either of theire executors and administrators shall within one quarter of a yere next after up my decease grante affix and sufficientlye convey severallie all theire and every of theire severall estates rightes titles interests and termes of yeres then to come and unexpired of and in all and singular the premises to them severallie granted and conveyed as abovesayed unto the sayed Nicholas Turner beyng my loving cousin
And my will intent and true meaninge is that the saied Nicholas Turner shall ymmediately after my deathe enter into all and singular the premises and lett and lett the same to the uttermost value and to take the rents yssues and profitts thereof and of every part thereof from the tyme of my decease untill the end and terme of three yeres then next following and fullie to be compleate and ended which rents yssues and profitts so thereof by hym to be taken (all reasonable expenses and charges by hym in this behalf to be disbursed and expended and for his travell therein to hym allowed and deducted) in his owne handes
My further will intent and true meaninge ys that they sayed Nicholas Turner his executors or administrators shall at the end of the sayed terme of three yeres [ ] and trulie paye unto Philip Moulton and Thomas Moulton two of my grandchildren equallie to be divided between them (they and every of them making to the said Nicholas Turner his executors or administrators a sufficient discharge for theire receiptes of their several portions) saving that my will is that the sayed Nicholas Turner his executors or assignes shall quarterlie during the said terme of three years paye or cause to be payed out of the same yssues and profitts of the premises unto the Lord for the tyme beyng of the premises and every part thereof
And yf it fortune that the said Thomas Molton or Philip Molton or any of them fortune to die within the sayed terme of three yeres that then the parte and portion of hym or her so dying shall be equallie divided and payed amongst all my grandchildren that is to saye John Molton Philip Molton Thomas Molton and Alexander Molton and unto the survivor or survivors of them that shall be then living at the end of the sayed three years the same survivor or survivors then given and making unto ye said Nicholas Turner a sufficient discharge for the receipts thereof as abovesayed
And yf all my said grandchildren shall dye within the said terme of three years that then all the yssues and profitts of the premises so to be reteyned by the said Nicholas Turner shall be payed unto the children of my brother Robert Thomas deceased equallie to be divided amongst them (they and every of them giving and making to the said Nicholas Turner a sufficient discharge for the receipts thereof as abovesaid)
And my further will and meaning ys that the said Nicholas Turner his executors or administrators at all tyme and tymes after the end of the said terme of three years being there unto required shall at the onlie costes and charges of my heire then beyng granted assure and convey all suche estate title terme and interest as the said Nicholas shall then have in the premises or any parte thereof unto my heire then beying or to suche other person or persons as shall be nominated and appoynted to the said Nicholas by my said heire and to such uses intents and purposes as by my said heire shall be limited appoynted and declared.
And I likewise do declare and request the said John Norrys and Robert Chafe and either of them to make suche assurance and conveyance of the premises unto my said heire or to suche person or persons as he shall nominate uppon request to them to be made as to my said heir or to his [ ] learned shall be thoughte fitt and necessarye for the conveyinge or extinguishing of their and either of theire righte and rightes in the premisses and every part theror
Item I give and bequeath unto the sayed Thomas Molton one messuage or tenement called [..hayes] and all lande meadowe [ ] pastures feedinges and hereditements whatsoever thereunto belonging or to or with the same now or at any tyme heretofore occupied possesed and enjoyed situate lying and beyng in Halberton in the sayed countie of Devon and nowe or late in the terme or occupation of Philipp Crosse his assignee or assignes to have and to hould the same unto the said Thomas Molton his executors and assignes from and ymmediately after the determination of the estate terme and interest which the said Philip now hathe therein for yeres determinable uppon his death untill the end and terme of nyntie nyne yeres yf the said Thomas Molton and suche woman as shall be wife to the said Thomas at the tyme of his death and suche eldest child of the said Thomas Molton as shall be living at the tyme of his death or any or either of them shall so longe happen to live yielding and paying them the yerelie rent during the same terme which is fourteene shillings fouer pence of lawfull money of England at the fouer usuall feasts of the yere by equall portions to be payed and repayring preservyng and maynteyning the same in all needfull and necessarye reparations during the sayed terme
Item I give and bequeath unto my cosin Nicholas Turner twentie pounds to see this my Will trulie performed according to my true intent and meaninge therein thinking in my conscience that he will not deteyne any of my grandchildren that they or any of them should have of righte or any other to whome I have given any legacy herein of any gifte or legacyto them or any of them given by my Will to the value of one groate but will [..lie] and trulie perform the same according to the truste that I have reposed in hym
Item I give and bequeath to my cosin Thomasine Webber the wife of Lawrence Webber fyve poundes and to my cosin Elizabeth [Faulkner] wife unto John [Faulkner] the elder fyve poundes and to Ambrose sonne of my brother Robert Thomas deceased fyve poundes and to Anne Dare daughter of my sayed brother Thomas fyve poundes and to my cosin Philise Maye fortie shillings
Item I give and bequeath unto the said Alexander Molton one of my grandchildren fiftie poundes to be payed unto hym when he shall accomplish the age of eighteene yeres with the increase thereof (yf any be) making to my cosin Nicholas Turner a sufficient acquittance for the receypt thereof
Item I give and bequeath unto the sayed cosin Philip Molton likewise one of my grandchildren or my late wyves apparell bothe woollen and lynnen (jewells only excepted) which did belong to her bodye in her lifetyme and allso a bedsheete which did lye uppon my wife in her childbed and bearing sheete [ ] belonging to a woman besides her legacy
Item I give and bequeath unto John Moulton my iron shelf and two brasse candlesticks delivered within two yeres after my death by my executor
Item I give and bequeath to the sayed Philip Molton and Thomas Molton two of my grandchildren all the residue of my goods and chattells whatsoever (my funerall expenses and debts and legaceys aforesayed payed and discharged) to be equallie divided amongst them so such parts thereof as will [ ] to be [ ] and ye money thereof coming with the increase thereof (yf any be) to be payed and delivered unto them and every of them within one yere then after my death by my said cosin Nicholas Turner his executors or administrators the said Thomas Molton and Philip Molton and every of them for theire severall portions making then to the said Nicholas his executors or administrators for the receipt thereof
But my very will and mynde is that all my said that yf my sayed cosin Philipp one of my grandchildren do marry with any man without the consent of my cosin Nicholas Turner before any such marriage so taken and had then she to have of her legacy with her brother Thomas but twentie poundes and the residue of that part of her legacy to be equallie divided amongst her three brothers my grandchildren and to as many of them as be then on life
Provided nevertheless and my will and true meaning ys that yf my said son cosin Nicholas Turner his executors or administrators or any of them at any tyme hereafter be [ ] molested or vexed or troubled in lawe or otherwise by my said grandchildren or any of them or by any other person or persons in theire or any or either of theire name or names or by my sonne in lawe Philip Molton esquire theire father or any other person or persons whatsoever for and concerninge the intermedling execution or joyning of any matter or thinge concerning the true intent and meaninge of this my last Will and Testament I will and devise and my true meaning ys that my said cosin Nicholas Turner shall detayne and keepe in his hands all theire his or her portion of my sayed goods and chattells that so shall molest or trouble the said Nicholas his executors or administrators yf the same shall be by my sayed grandchildren or any of them or in theire or any of theire name or names untill such tyme as they and every of them so pursuing or molesting shall [ ] any further to the molest or trouble the said Nicholas his executors or administrators and until suche tyme as they have allowed unto hym or them all such costes and charges as he or they have allowed unto hym or themselves all such costs and charges as he or they have or shall any waye disburse or laye forth in the defending the same disputes or troubles and likewise in or about the having of the possession of the landes and tenements which I have before appointed hym to take the yssues and profitts as abovesayed yf the same shall be deteyned from hym contrary to my will and meaninge
And yf the sayed Nicholas his executors or administrators shall be then molested or troubled by the sayed Philipp Molton esquire or any other person or persons whatsoever other then my grandchildren then my will and meaninge ys that the sayed Nicholas his executors or administrators shall allow and deduct unto hym selfe out of the portions given to my said grandchildren in whose name or names he shall be so molested or [ ] all such costs and charges as he or they shall any waye disburse or expend in defending the same suites or troubles or in having or [ ] of the possession of the landes and tenements of which I have appoynted hym to take the yssues and profitts as abovesayeid
And my will further ys that yf any of my said grandchildren dye within the sayed terme of three years next after my death then his or theire portion so dying shall be and remayne to such of my grandchildren as shall so survive equallie to be divided amongst them (giving to the sayed Nicholas his executors or assignes a sufficient discharge for the receipt thereof as abovesayed
Item I give and bequeath unto my servant Nicholas Dayman and his assignes my messuage or tenement with the appurtenances wherein Christopher Parsey nowe liveth in Colompton aforesayed at my will and a little close of ground in Colompton aforesayed lying by Stonyford Bridge and now in the occupation of Thomas Greene at my will
To have and to hould the same unto the sayed Nicholas Dayman and his assignes from the time of my death for and during the terme of fortie yeres then next following and fullie to be compleate expired and ended (yf he the said Nicolas Damon shall so long happen to live) yealding and paying therefore yerely unto my executor during the terme of three years next after my decease twentie five shillings and eight pence of lawfull money of England quarterlie to be payed and after the same terme ended then to my heire or else to suche person or persons as shall have the ymmediate reversion at the feast of our Lord God the annunciation of our blessed Lady Mary the Virgin the nativitye of Saint John Baptist and St Michaell the archangell by even and equall portion to be payed
But yf the same rent shall be behinde and unpayed in part or in all by the space of one monthe after any of the feasts aforesayed wherein ye same oughte to be paid and beyng lawfully demanded or yf the same Nicholas or his assignes shall commit or doe or willinglie suffer to be done any waste in or uppon the premises to hym given as abovesayed and shall insufficiently repayre and amend the same within one quarter of a yere next after notice thereof to hym to be given by my heire or his assignes that then yt shall be lawfull to my heire or to suche person or persons that then shall have the immediate reversion thereof for the tyme beyng to reenter in the same messuage or tenement and close of ground and the same to possesse and enjoy (any thinge therein conteyned to the contrary notwithstanding)
And my will and meaning ys that the said Nicholas Turner and all such persons as have interest therein shall uppon request make such further lawfull assurance thereof unto the same Nicholas Dayman as shall be devised by hym or his counsaile
The residue of my goods and chattells not by me given or bequeathed (my debts legaceys and funerall payed and discharged) I give and bequeath unto my said cosin Nicholas Turner to be by hym ymployed in manner and form above lymited
And I make and ordeyne the sayed Nicholas Turner my whole and sole executor of this my last Will and Testament
In witness whereof and that this ys my last Will and Testament I have written the same with myne owne hand and have subscribed my name and sealed yt with my seale beyng seaven leaves the daye and yere first above written By me John Thomas the tenth daye of February one thousand sixe hundred and nyne.
Memorandum that this present day Mr Thomas requested us underwritten to bear witnesse that he confesseth that this is his last Will and Testament beyng under his hand and seale and the interlyning also William Fawkener William Force
Probate in Latin