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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