Austen Will 1637

Will of Benjamin Austen

of Goudhurst, Kent


Source: Prerogative Court of Canterbury PROB 11/ 174/161
Transcribed by Dianne Bowles, 23 January 2022.
In the name of God Amen The Twentith daie of Aprill, One thousand six hundred Thirtie Seaven And in the Thirteenth yeare of the raigne of our Soveraigne Lord Charles by the grace of God of England Scotland Frannce and Ireland Kinge defender of the faith &c
I Benjamin Austen of Gowtherst in the Countie of Kent Clothier being weake in body but of a good and perfect memory (thankes bee to God therefore) doe make and ordaine this my Last will and Testament in manner and forme followinge, that is to saie,
First, and principallie I comitt my soule into the hands of Almightie God my onelie maker, hopeinge assuredlie of my salvation by the onelie meritts death and passion of Jesus Christ my Saviour & redeemer And my Body I Comitt to the earth att the discretion of my Executor.

Item I give unto Mr Moore our Curate (if he shall preach at my buriall) thirteenene shillings and Fower pence of lawfull money of England.
Item I give unto Susanne my Lovinge wife Five Pounds of lawfull money of England, and all my housholdstuffe whatsoever, and my best Cowe, to take her choise of all my kyne.

Item I will that my Executor & Overseers hereafter named shall (as soone as conveniently they cann) make sale of all other my stocke whatsoever,
And that of the money that shalbee made of my stocke, my Executor shall retaine in his hands Three hundred Pounds for the Terme of the naturall Life of Susann my wife for this intent and purpose, vizt
that whereas before my marriage with my said wife) I did enter into Bond of Fower hundred Pounds unto Richard Brattle my Father in lawe, with Condicon, that if the said Susann should overlive me, then I should leave her worth Twoe hundred Pounds or grantt her an Annuitie of Sixteene Pounds a yeare out of sufficient Lands and Tenements for terme of her naturall Life; As by the Obligacon, and Condicon thereof made more playnely and at large yt may appeare, Nowe my will mynde and desire is that John Austen my Brother shall grannt unto my said wife (in full recompence and satisfaccon of the said Obligacon and Condicon,) A Rentcharge of Twenty Pounds a yeare of lawfull money of England for the Terme of her naturall life (if shee continue soe long a widdowe) but if shee shall marry againe; then but onely of sixteene Pounds a yeare of lawfull money of England for the Terme of her naturall Life accordinge to the Condicon of the afore recyted Obligacon, which said Rentcharge shalbee issueing and goeing out of the Lands and Tenements of the said John Austen my Brother, and quarterlie to be paid her. And to bee made in such manner and forme as my Overseers heereafter named, or the Survivor of them, or their learned Councell shall reasonably devise or advise:

And after the decease of my said wife, I will, and my mynd is, that my said brother John Austen his heires or assignes shall paie, or cause to bee paid the said Three Hundred Pounds of lawfull money of England within one yeare next after my wives decease in manner and forme followinge, that is to say,
a Fift part thereof unto John Austen my eldest sonne,
and that being deducted, a fift part of the remaynder unto Mary my eldest daughter,
and the residue that shall remaine I will shalbee equally devided betweene Joane, Benjamin, Geffery, and William Austen my other children,

And if anie of my sixe child before named shall happen to depart this Life before hee, shee, or they have received his her or their said Legacie or Legacies, Then my will and mynd is that the other survivinge shall have his her or their said Legacie or Legacies soe Dyinge equally betweene them to be devided, and to be paid unto them at such tyme & tymes as hee shee or they so Dyinge should have had the same if they had lyved.

Item I will, and my mynd is that after my Executor shall have received the three hundred pounds before menconed, that the remaynder of the money which shalbee made of my stocke; shalbee paid unto my foresaid sixe Children in manner and forme followinge, that is to saie
unto my foresaid sonne John Austen A Fift part thereof att his age of One and twenty yeares
(wch fift part being deducted out of the said remaynder) a Fift of the residue unto my foresaid daughter Mary Austen att her age of One, and twenty yeares, or on the Day of her marriage which of them shall first happen,
And that which shall remaine thereof I will it shalbee equallie devided amongst my other Children vizt Joane, Benjamin, Geffery, and William Austen,
and the said Joane to have her portion att her age of One and Twentie yeares, or on the day of her marriage which of them shall first happen,
and the said Benjamin, Geffrey, and William Austen to have their severall porcons att their severall ages of One and Twentie yeares,
And if anie of my said Sixe Children shall depart this Life before the payment of their said severall Legacies then my will, and mynd is that the other Survivinge shall have his her or their said severall Legacie or Legacies soe dyinge equallie betweene them to bee devided, and to bee paid, unto them att such tyme or tymes as her shee, or they soe dyinge should have had the same if they had lyveth

Item I will and mynd is that my Executor, and Overseers, or the Survivor of them, shall as convenientlie as they cann (after they have received money) for my Stock put out the Overplus of the money) which shalbee made of yt above the said Three hundred Pounds, to some proffitt which proffitt I will shalbee paid unto the foresaid Susanne my wife towards the better educacon of my foresaid Children untill such tyme as my Executor and Overseers or the Survivor of them shall place forth any of my said children to bee Apprentises or otherwise to any other service
And when they or any of them shalbee soe placed forth then my will and mynd is that they shall employ the Legacie of him her or them that shalbee soe placed forth accordinge to their discrecons for the good of such of my Child and Children in such manner and forme as they or the Survivor of them shall thinke fitt.

Item I will, and my mynd is, that (after the foresaid Susanne my wife hath taken her choyse of my kyne) that my Brother John Austin shall have the best of my beast that shall remayne to take his choise.
And I doe nominate and appointe the foresaid John Austen my Brother to bee my full and whole Executor of this my Last will and Testament.
And I doe desire my Loving freind and Coozen John Horsemonden gent and my Lovinge Brother George Besbech to bee my Overseers of this my will desiringe them to bee aydinge; and assistinge to my said Executor with their best Advice for the better performinge of this my will.
And I doe give unto the said John Horsmonden towards his paynes herein to be taken Twenty shillings of lawfull money of England
And I doe give unto the said George Besbech towards his paynes therein to bee taken Fortie shillings of lawfull money of England.

In witnes whereof I the foresaid Beniamin Austen to everie sheete of paper of this my Will conteyninge Fower sheets have sett my hand And to this Last sheete have alsoe sett my Seale dated the day, and yeare first above written. Anno Dm 1637. Beniamin Austen.
Read sealed, and published in the p[rese]nce of Francis Austen & Hugh Lake.

Probate in Latin: granted 17 May 1637 to John Austen, brother and Executor.


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Will of Benjamin Austen
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