William Chilcott's Will 1650 - Full Text

Ref :108 Pembroke [PROB 11/212 - p 431]

    In the name of God Amen  The twentieth day of July anno domini 1643 William Chilcott of Bridey in the County of Dorset gent considering the frailty of mankind and my uncertain departure out of this vaine and turbulent world being of perfect health and memory praised be God revoking all former wills by me made do make and ordain this my last will and testament in manner following that I bequeath my soul into the hands of its maker my everlasting gracious God fastly believing my salvation thorough the merits of myn alone and only sweet saviour Jesus Christ and my body to the earth whence it came to be buried at the discretion of mine executors hereafter named and as touching that worldly estate wherewith it hath pleased my good God so abundantly to bless me I give and dispose in manner following Imprimis my will and meaning is that Mabella my dear and loving wife have and hold all that my farm of Bowy? in the said county of Dorset and the lands called Short hill and Lamerton thereunto belonging during the term of her natural life for the maintenance of herself and our children during their several minorities or until their respective preferment in marriage or other settlement in some xx of livelihood or calling she relinquishing her dower and right of dower in and to the premises aforesaid and in and to all other my lands and hereditaments otherwise she not to have nor take any benefit of this my device unto her and in case she shall be outed of the said premises upon the death of Thomas Powlett gent late owner thereof by the xxx or interest of Mrs Powlett his now wife, if she shall happen to survive him, who claimed a right of jointure in the land purchased after the decease of her said husband then my will and meaning is that in xxx and recompense of my said farm of Bridey during the life of the said Alice Powlett my wife shall have and hold my house at Windfford and so much of my lands and possessions of my farm there as shall be agreed and allotted out by two indifferent men to be nominated and agreed on my my executors hereafter named or the survivor of them as shall amount to the value of two hundred pounds per annum quitted of her rents payable to the xx of Martin Yeerly for the maintenance of herself and our children as aforesaid (she relinquishing her dower and right of dower in and to my lands and possessions as aforesaid) Item I give all my plate and household stuff whatsoever unto my son William Chilcott if he shall be living at the time of my death but if he shall happen to die before me then I give the same unto my son Robert Chilcott and so to such of my sons which shall happen to be my house at the common lane at the time of my death to the end it may remain together with my mansion house and is shall be severally in them at the time of my death but my will is and I do hereby devise and appoint that Mabella my said wife shall have the use and occupation of so much of my land, plate and household stuff that shall be in my house at Bewdry at the time of my death during the term of her natural life and for the better certainly of my said plate and household stuff and that if may be the more truly known my will is that a true and perfect inventory or schedule thereof indented shall be had and made by my executors or the survivor or survivors of them within one month next after my decease and that one part of the said schedule or inventory shall remain with my wife and another part thereof with myne heir or mine other executors in trust for mine heir and that thereupon my wife shall give good security to my othere executor or to the survivor or survivors of them to answer and leave the sum at the time of her death unto my sons or heirs as aforesaid and of a good value and in as good plight as she shall receive them Item whereas my said wife and Elizabeth Every her daughter have and may xx by and under the grant and device of Alexander Every gent deceased last husband of my said wife several messuages, lands, tenements and hereditaments lying within the parish of Whitchurch in the said county of Dorset my will and meaning is that my said wife and the said Elizabeth her daughter shall have and hold the same xxx but as for the goods and personal estate given unto them or either of them by the last will of the said Alexander Every my will is that they remain and be disposed of according to a deed thereof in writing by me formerly made since my intermarriage with my said wife, my wife having the use of such of them as shall be in my house at Beedy at the time of my death during her life as aforesaid and I do remit the care and disposition of the said Elizabeth Every unto my wife who I presume will be ever tender of her in her preferment and I do give unto my said daughter in law [blank in text] to be bestowed in plate for her Item I give unto my daughter (sic) Thomasin and Mabella Chilcot and to every other daughter and daughters that I shall have hereafter born to each and every of them one thousand pounds a piece to be paid them at their several and respective ages of one and twenty years or within one year next after their several and respective marriages which shall first happen if they shall live to attain the several ages of one and twenty years or be married otherwise this my legacy and legacies to her or them so dying within the age of one and twenty years or unmarried to be void. Item I give unto each and every of my younger sons now and hereafter to be born (and that shall not be heir at law) one thousand pounds a piece to be paid them at their several and respective age of four and twenty years if they shall live to attaint the same otherwise this my legacy and legacies given to him or them so dying within the age of four and twenty years and for such part and as much as shall be unpaid to him or them respectively to be paid my will and meaning being nevertheless and I xx my executors (if they think fit) and that money may be conveniently raised out of my estate as hereafter xxx that in the mean time although they have not attained their several ages of four and twenty years that for the better placing and preferment of all or any of my younger sons aforesaid my executors or the survivor or survivors of them do issue forth all or any part or parts of the personal portions so given or intended unto them as aforesaid and they or the survivor or survivors of them shall in their discretions think fit and for good xx to do therein and whatsoever shall be so issue forth by my said executor or any of them therein shall be and allowed out of the respective portion or portions so intended or given to them as aforesaid and in the meantime also my further will and device to my executors is that they will have a special care and regard to the virtuous education and disposition of all (my children?) and that all my younger sons may be disposed in some way or calling for their better livelihood and subsistence according to such natural gifts and capacities as God shall be pleased to bless and enable them.  And for the raising of money for placing them or any of them xx or settling them or any of them in any other xx or probable way of preferment and for the satisfaction of my debts and legacies hereby given my will intent and full meaning is that my executors or the survivors or survivor of them shall manage, take and xx the rents issue and profits of all my lands tenements and estate not formerly limited to my said wife and to be enjoyed by her as aforesaid until the same may be xxx satisfied and discharged and if that may not be sufficient to compass and pay the same in xxx time as it shall be thought best by my executors or the survivors or survivor of them then my will and meaning is that my said executors or the survivor or survivors of them do by sale or other disposition of all or any of my leases chattels, real and personal estate raise so much money to discharge and satisfy the same unless such son or child or whosoever as shall happen to be mine heir or heirs at law shall willingly undertake and pay or sufficiently secure or satisfy the same and I do make and ordain my xx beloved wife my brother in law John Bragg my brother John Chilcott my good friend Mr Nicholas Derby and my servant Alexander Gerady executors of this my last will and testament in trust for the better performance and execution of this my last will as aforesaid and after my funeral debts and legacies paid and discharged as aforesaid to and for the sole benefit of such person and persons as shall be myne heir or heirs and shall willingly undertake and pay or sufficiently secure or satisfy the same and I devise mine executors thereof xx and assistance therein and that especially in the education and well settlement of my children as aforesaid and I do give unto every of them a ring of gold of twenty shillings price with a deaths head in it and I do give more unto the said Alexander Gerady a good nag and for the better accomplishment of this my last will and testament I desire my said executors and the survivors and survivor of them to meet once every year to advise and confer thereof and to make an account of their receipts and disbursements in the xxx and to cause the same to be written into several books and each of them to keep one that the truth therefore may the better appear for their discharge and toward their care and pains therein so doing I do grant unto each of them yearly the sum of forty shillings and to the clerk that shall be employed therein forty shillings yearly to be charged on the same account and if any difference or dispute shall arise or grow into question touching this my last will or any part thereof for avoiding all suits both in law and equity my will and meaning is and I do charge all and every such person and persons as shall so question or are concerned in the same to refer and submit all such questions and differences unto the hearing and final determination of my noble good friends Sir William Portman, Sir Anthony Ashley Cooper, Sir Gerard Naper Baronet and Giles Strangeways Esq or to any two of them or to the survivors of them whom I humbly pray to hear and determine the same and that such determination and determinations as shall be made by the same Sir William Portman, Sir Anthony Ashley Couper Sir Gerard Naper and Giles Strangeways or by any two or more of them or by the survivor of them in writing under his hand or their hand subscribed shall be final and conclusive and if any person or persons shall refuse to stand to and abide such determination and determinations then my will and meaning is that such person or persons shall loose and shall not have nor take any benefit by this my will nor of any legacy bequest or dower whatsoever given or intended thereby and I do earnestly request the said Alexander Gerady to perfect the books of account aforesaid yearly or to see it carefully done and I do earnestly desire my worthy good friends John Merefield of Ormeston Esq John Were of Donsmore Esq Lough Windham of Silton Esq and Creymer Bigod of Parret Esq to be overlookers and advisors of and upon this my last will and testament and I do give unto every of them a ring of gold of thirty shillings price with a deaths head in it. In witness whereof I have hereunto set my hand and seal the day and year first above written William Chilcott memorandum that the words intented in the --- --- vizt (all or any) were so intended and then signed sealed and published in the presence of Arnold? Batt, John Lat William? Lamblin?

Proved London Nathanial Ben? 26 July

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