Will of Abraham Turner late of Cullompton, Gentleman
Proved 04 July 1653
© Crown Copyright
National Archives Catalogue Reference PROB 11/228/305 Records of the Prerogative Court of Canterbury, Brent Quire Numbers: 166 – 217
Transcribed by Art Ames
In the name of God Amen The first day of January in the yeare of our Lord God according to the computation of the Church of England one thousand sixe hundred fiftye and two I Abraham Turner of Weeke within the parish of Colompton in the county of Devon gentleman being weake in body but of good and perfect memorie praised be God for it revoking all former Wills and Testaments whatsoever doe make and declare this my last Will and Testament in manner and forme following
Imprimis I commend my soule into the hands of Jesus Christ my only Saviour and Redeemer hoping through ye only meritts of his precious death and passion to obtaine mercye and forgiveness of all my sinnes in this life and in ye world to come everlasting glory and salvation both of body and soule and my body being but dust and ashes I commend it to the earth from whence it came to be interred in ye Church of Colompton aforesaid neare unto ye place where Nicholas Turner my late father lyeth buried
Item I give to ye poore of the parish of Colompton forty shillings to be distributed amongst them by my overseers hereafter named or any two of them with ye consent of my executrix hereafter named at or shortly after my funerall in such manner as they in their discretion shall thinke meete
Item whereas I now stand lawfully possessed of a lease or term of two thousand yeares yet enduring of and in one tenement with six closes of land and woods and one meadow called Yeamead and three acres and halfe of meadow in Shaldy Mead and other appurtenances thereto belonging situated in Muxbeare als Mucklesbeare in the parish of Halberton in the said county of Devon which one Sheere gent (by the name of John Sheere of Morden in the countye of Surrey gent) by his indenture bearing date the seaven and twentieth day of November in the one and twentieth year of the reigne of our late Queene Elizabeth did heretofore demise grant to farme lett unto one John Beste (by ye name of John Beste of Morden aforesaid gent) for and dureing the said terme of two thousand years without impeachment of waste which estate and terme of two thousand years of and in the premises was afterwards granted and assigned by the said John Best unto Nicholas Turner deceased my late father by his deed or indenture dated ye free and twentieth day of November in ye foure and fortieth yeare of ye late Queen Elizabeth aforesaid and which said estate and demise is since lawfully come to mee ye said Abraham Turner
Now I doe hereby give devise and bequeath ye said tenement and premises unto Abraham Turner my second son from and after such tyme as ye said Abraham shall or maybe by effluxion of tyme attaine ye age of four and twentie yeares for and dureing all ye residue of my estate and terme of two thousand yeares therein then to come and unexpired
And I doe further will and appoint that the said tenement and premises and the said Abraham Turner his executors and assigns in lieu and regard thereof shall be charged and chargeable with ye payment of one hundred pounds of lawfull money of England unto Johane Turner my daughter or her assignes within three years next after such tyme as she shall attain ye said age of twenty four yeares
And whereas I now stand possessed of and in the moiety of or halfendeal of severall closes of land meadows and pastures with ye appurtenances commonly called Swynehams situate in the parish of Colompton aforesaid late in the tenure or occupation of Henry Moisey and Humphrey Moisey brother of the said Henry or one of them which Henry Walron esqr by his deed indented bearing date ye second day of June in ye thirteenth yeare of the reigne of our late King Charles over England etc did demise and lease unto mee the said Abraham Turner for ye terme of ninty nine years if Abraham Turner and Thomas Turner my two sonnes or any one of them shall soe long happen to live (the said term to commence after ye death of Richard Moisey sonne of the said Humphrey or other determination of an estate formally granted of ye promises of William Wallrond esqr father of the said Henry Walrond unto ye said Humphrey Moisey determinable by ye death of the said Richard Moisey who is since deceased under the yearly rent of sixe shillings and eight pence therein reserved
And whereas ye said Henry Walrond by one of a deed indented bearing date the second day of February in the one and twentieth yeare of ye reigne of ye said late Kinge Charles over England etc did demise grant and to farmme lett unto me the said Abraham Turner all that messuage and tenement with ye appurtenances commonly called Weeke or situate at or in Weeke within ye parish of Colompton aforesaid then or late in ye tenure of John Furse gent for and dureing ye terme of nynty nine years if Thomas Turner Garven Turner and Johane Turner children of mee the said Abraham or either of them should soe long live under the yearely rent of thirty shillings therein reserved as by ye said severall deeds and leases thereof appeareth
I doe by this my last Will give devise and bequeath the said moiety or hathendeal of the said premises called Swynhams with the appurtenances called Weeke late in the tenure of John Furse gent unto Thomas Turner my third sonne from and after such time as he said Thomas shall or may by effluxion of tyme attaine the age of twentie foure yeares for and during all ye residue of ye said severall termes respectively therein then to come and unexpired
And whereas I lately purchased the fee symbol of two messuages or dwelling hoses with ye appurtenances in Collompton aforesaid and the reversion and reversions thereof to mee and my heyrs of Lawrence Saunders of London the one of which houses is or late was commonly called the George now in the tenure of occupation of Thomas Pannell innholder and the other next adjoining commonly called Willyes House nowe in ye tenure of Ambrose Muddiford and Amey his wife or one of them situate in ye towne of Colompton aforesaid
Now I doe hereby give devise and bequeath unto Garven my youngest sonne and to ye heires males of his body issuing the said two messuages and dwelling houses and the reversion and reversions thereof with ye appurtenances from and after such tyme as the said Garwen shall or may by the effluxion of tyme attaine ye age of twenty foure yeares
Provided alwayes and I doe hereby declare my will and meaneing to be that my Trustees hereafter named shall have hold and enjoy all and singular ye before mentioned messuages tenements and premises unto my said three sonnes Abraham Thomas and Garwen Turner respectively given and bequeathed as aforesaid untill they shall or may by effluxion of tyme attaine theire said severall and respective ages of twenty foure yeares
And my will is that as soone as each and every of my said sonnes shall attaine the sayd age of twentye foure yeares that then hee or they attayning that age shall have the actuall possession yielded up and delivered unto him or them of the messuages lands and tenements to him or them hereby devised as aforesaid
And I doe hereby farther declare my intent and meaning to be that my said friends and overseers shall receive and enjoy the rents issues and proffitts of all and singular the sayd messuages lands tenements and premises soe devised as aforesaid for and towards the raising of the summe of fouere hundred pounds of lawfull money of England for the advancing and increasing of the marriage portions of my three daughters Johane Susan and Sarah Turner according to the proportions hereafter following that is to say to my said daughter Joane Turner one hundred pounds to my daughter Susan Turner one hundred and fifty pounds and to my daughter Sarah one hundred and fifty pounds residue and said severall summes to be paid to either and every of them at their several and respective ages of one and twenty yeares
And after the raising of the sayd foure hundred pounds the residue and overplus (if any be) to be imployed in ye mainteynance and education of my said three daughters provided allwaies
And my will and meaning is that if my said sonne Abraham Turner shall happen to dye without issue of his bodye before he attayne to the age of twentye seaven yeares and before the said one hundred pounds shall be payd to the sayd Johane his sister that then the sayd tenement and premises to him devised shall wholly remayne come and be unto the sayd Thomas and Garwen Turner my two younger sonnes charged and chargeable with the payment of the sayd one hundred pounds to the said Johane my daughter within the tyme aforesaid for and dureing all the residue of the sayd terme of two thousand yeares therein then to come and unexpired
And if my sayd two sonnes Thomas and Garwen Turner shall both of them after their having ye actuall possession of the sayd premises by virtue of this my Will happen to dye without issue and before the saydone hundred pounds shall be payd to the sayd Johane Turner that then the sayd tenement and premises shall wholly remayne come and be unto my said daughters Johane Susan and Sarah Turner their executors or assigns for and dureing all the residue of the said terme of two thousand yeares which shall be then to come and unexpired
Provided farther and my will and meaneing is that if my said sonne Thomas Turner shall happen to dye without issue of his bodye begotten before he shall attaine the age of twenty foure years that then the severall estates and termes to him devised of and in the said lands tenements and premises called Weeke and Swyndham shall cease and be determined and that then and from thenceforth the same shall remayne and be unto my said sonne Garwen Turner and his assignes for and during all the residue of the said severall termes which shall then therein respectively to come and unexpired
And I doe farther hereby will and devise that if the said Garwen shall alsoe happen to dye without issue of his bodye before he shall attayne the like age of twenty foure yeares that then the sayd tenement and premises called Weeke and Swynehams shall wholly remaine and come unto my said three daughters Johane, Susan and Sarah Turner for and dureing all the residue of the sayd severall termes which shall be then therein respectively to come and unexpired
Provided lastly and my will and meaneing also is that if my sonne Garwen Turner shall happen to dye without issue of his bodye lawfully begotten before hee shall attaine the age of twenty foure yeares that then the messuages and houses in Collompton to him devised as aforesaid shall remayne and be to the sayd Thomas Turner my sonne and the heyres males of his bodye issuing and for default of such issue to the right heirs of mee the sayd Abraham Turner forever
And touching and concerning the two closes or meaddowes called Millhayes and one other close contayning about two acres and half called Gayes Close situate in Colompton aforesaid which I now hold by the several and respective grants of Sir John Strangewaies and Sir John Windham knights and others lands thereof for severall termes of years determinable by ye deaths of my children now liveing I doe devise and bequeath the sayd closes or meaddowes called Millhayes unto the said Garwen Turner my sonne from and after such tyme as he shall attayne the age of twentye foure yeares for all the residue of my estate and termes therein then to come and unexpired
And I doe in like manner appoint that my said Trustees and Overseers shall hold and enjoye the same untill my said sonne Garwen shall attaine the age of twenty foure yeares subject to the trust before mentioned for raiseing the foure hundred pounds for my sayd three daughters
And if the sayd Garwen shall happen to dye before he shall or may by the effluxion of tyme attayne the sayd age of twenty foure years then my will is that the same shall wholly remayne unto my said sonne Thomas Turner and his assignes for and dureing all the residue of my estates and termes therein then to come and unexpired
I farther give unto my wife the said close called Gayes Close for soe many years of the said terme as she shall happen to live and after her decease my will is the same shall remayne unto my sonne Garwen for all the residue of my said terme therein
And whereas I have by this my last Will and Testament and otherwise provided and allotted severall porttions for my said three daughters Johane Susan and Sarah Turner my will and meaning is that any if any or more of them shall depart this life before she or they shall have respectively attained the age of one and twenty yeares that then the portion or portions of her or them soe dyeing shall equally remayne and come to the survivors or survivor of them
Also my will desire and meaning is that all the deeds and writeings concerning the messuages lands and tenements in this my Will mentioned shall remayne and be kept in the hands and custodye of my said wife soe long as she shall live sole and unmarried and after her marriage or decease then in the hands and custodie of my overseers hereafter named or of the survivors or survivor of them for the respective use and benefitt of such child and children to whom the sayd tenements and premises shall of right belong and appertaine by virtue of my last Will and to be delivered to my said children to whom they shall belong at theire severall ages of twenty foure yeares
And whereas I have by my deed indented bearing date the thirtieth day of December last past demised and granted unto the before named Johane Turner my daughter one messuage and barne and other appurtenances situate and being in Collompton aforesaid and now in the tenor or occupation of George Muddford tanner or of his assigne or assignes for ninety and nine yeares to begin from immediately after the decease of myself and of the sayd George Mudford
I doe now hereby give and devise the said messuage barne and premises in the tenor or occupation of the said George Mudford to my said daughter Johane to have and to hold to her and her assignes for and dureing the full terme and tyme of one thousand yeares next, the said terme to begin commence and take effect from and after the decease of myselfe and of the sayd George Mudford and expiration of the sayd terme of ninty and nine yeares to her the said Johane by mee granted as aforesaid
I give and devise unto my sonne Nicholas Turner my best silver salter the table board in my kitchin and the bedsted in the hall chamber but my will is that my said wife shall have the use and custodie of them during her life
I farther give unto my servant John Palmer tenn shillings yearely for soe longe tyme as he shall happen to live for and towards his better mainteynance and livelyhood to be payd quarterly at the feasts of the annunciation of the Blessed Virgin Mary the Nativity of St John Baptist the feast of St Michael the Archangel and the birth of our Lord God the first payment thereof to begin as such of the said feasts as shall first happen next after the end of five yeares next after my decease and not before and I farther give unto him my second best suite of cloathes throughout which I shall be owner of at the tyme of my death to bee delivered forthwith
I likewise give and bequeath unto my servants John Gold Francis Board and Mary Pasmore sixe shillings and eight pence apiece and to my servant Anne Pidgeon tenn shillings but I doe hereby declare that if anyone or more of them shall depart out of my service dureing my life that then the legacye or legacyes bequeathed to him her or them soe departing shall cease and be voyd
All the rest and residue of my goods and chattles household stuffe cattle corne and storkes of corne cattle and sheep within doores and without debts and ready money not formerly or otherwise by this my Will given or disposed of I doe by this my last Will give and bequeath unto my said loveing wife Johane Turner whom I doe make ordayne and appoint to be my sole executrix of this my last Will and Testament
And I do appoint my loveing friends Mr Thomas Pullman and my loveing brothers Mr Peter Attkins and Mr William Sumpter to be my Overseers of this my last Will and Testament and to be ayding and assisting unto my said wife in the execution and performance thereof and likewise to perform the trust which I doe hereby repose in them for the good of my children with the best of theire discretion fidelity and care and I give unto each of them twentye shillings to be bestowed in a gold ring for each of them to weare in remembrance of mee
In witness whereof to this my last Will contained in eleaven sheetes of paper I have sett my hand and seale (vizt) my seale at the topp of the first leafe and att the foote of the last leafe and my hand to every of the said several leafes or sheetes thereon the day and yeare first above written
Memorandum that before the subscribing sealing and publishing of this my last Will and Testament I doe by this codicill annexed will declare and appoint that
In case my said sonne Abraham Turner shall happen to depart this life before he attayne to the age of twenty and seaven years and before the said one hundred pounds charged on the premises called Muxbeare shall be paid to the said Johane my daughter whereby the said tenement and premises shall come and arrive to the said Thomas and Garwen my two younger sonnes then my will and meaneing is that the said tenement and premises called Muxbeare and the said Thomas and Garwen my sonnes theire executors and assignes in lieu and in regarde thereof shall be charged and chargeable with the payment of three hundred poundes more (over and besides the said one hundred poundes) of like lawfull money unto my said three daughters or their assignes within fouer yeares next after the said estate shall goe fully to the said Thomas and Garwen to be equally divided amongst my said three daughters and to be paid and to them respectivelie at theire severall days of marriage or respective ages of one and twentie yeares which shall first happen
And if eyther of my said daughters dye unmarried and then the portion of her soe dying shall be divided amongst or to remaine unto the survivors or survivor of them as the case shall happen
And I doe hereby further will declare and appointe that in case my said sonne Thomas Turner shall happen to departe this life without issue of his bodye begotten within the tyme of this my will limitted whereby the estate demised to the said Thomas shall come and accrue to the said Garwen that then my will and meaneinge is that the said promises soe falleinge to the said Garwen and allsoe the said Garwen his executors and assignes in lieu thereof shall be charged and chargeable with the payment of fortie poundes apiece of like lawfull money to my said three daughters to be paid unto them and divided amongst them in like manner as the three hundred poundes last before mentioned is limited and appointed to be paid and raysed
And in like manner my will is that if the said Garwen my sonne shall happen to departe this life without issue within the tyme by this my will limitted whereof the estate devised to him shall come and accrue to the said Thomas then my will and meaneinge is that the said premises soe fallinge to the said Thomas as alsoe the said Thomas his executors and assigns in respect thereof shall be allsoe charged and chargeable with the payment of the like summe of forty pounds of like lawfull money apiece to my said three daughters to be paid unto them and divided and left them in like manner allsoe as the said three hundred pounds last mentioned is limitted and appointed to be paid and raysed
And I doe further give and devise to my said sonne Garwen Turner one hundred pounds current money provided that if my said executrix shall procure to my said son Garwen a good estate for two lives or for nyntie nyne years determinable on two lives whereof the said Garwen to be one in the premises aforesaid called Milhayes within five yeares of my decease that then his legacie of one hundred pounds to him devised shall be voyd
In witness whereof I have to each leafe of this my last will contaynieng twelve in the whole subscribed my name and to the first and last sett my seale upon the said first day of January in the yeare of our Lord God one thousand six hundred fiftie and two before mentioned Abraham Turner
Memorandum that these words my trustees here after named in the fifth leafe and these words (and after the rayseinge of the said fouer hundred poundes the residue and overplus if any so to be imployed in the maintenance and education of my said three daughters) in the sixth leafe and these words trustees and overseers in the eighth leafe were interlyned before the sealeinge and publishinge thereof and afterwards the said Abraham Turner did declare seale and publishe this to be his last Will in the presence of Henry Attkins Henry Pearse John Kerslake William Goodhind
This Will was proved at Westminster before the Judges for probates of Wills and grantinge Administrations according to an Act of Parliament instituted an Act for probate of Wills and granteing Administrations the fouerth day of July in the yeare of our Lord one thousand six hundred fiftie and three by the oathe of Johane Turner the relict of the said deceased and sole executrix named in the said will to whome was committed administration of all and singular the goods chattells and debts of the said deceased shee beinge first sworne by commission well and trulie to administer the same