Barton Will 1629

Will of John Barton

of Hadlow, Kent


Source: Prerogative Court of Canterbury, Ridley 102, 1629
Submitted by Jeff Woodhams
In the name of God Amen The six and twentieth day of November in the year of our Lord God one thousand six hundred twentie and eight And in the fourth year of the Reign of our Sovereign Lord Charles by the grace of God King of England Scotland France and Ireland defender of the faith.
I John Barton of the Bourne in the parish of Hadlow in the Countie of Kent Yeoman being at this time in reasonable good health of bodie and of good and perfect memory praised be to God therefore doe ordaine and make this my Testament and last will in manner and forme following
First therefore recommending my soule to almighty god my maker with an assured hope of salvation through his mercy, in the merritts and mediation of his deere sonne Jesus Christ my Saviour And my bodie to the earth in decent manner to bee buried

I will and give to the poore of Hadlow fortie shillings to bee distributed amongst them, either in the daie of my burial or within a short tyme afterward by mine Executrix hereafter named or the Churchwardens and Overseers of the said poor
Item to everyone of my household servants both mankinde and womenkinde that shall dwell with mee at my decease I will and give five shillings apiece

Item I will and give unto Richard Barton the sonne of my brother Henry Barton the sume of ten pounds of lawfull ad good English money to bee paid to the said Richard his executors or assignes by his said Father his Executors or assignes immediately after the decease of John Barton the brother of the said Richard
And therefore I do will and appoint that my Executrix doe and shall paye the said ten pounds unto the said Henry my brother within one yeare next after my decease And so shalbe discharged thereof against the said Richard Barton and all others
And my will and desire is that the said Henry Barton my brother his Executors and assignes doe and shall put out and employ the said ten pounds soe by him received And the yearly profit thereof ariseinge and to bee made from tyme to tyme doe paye and bestowe upon and towards the meanes and maintenance of the said John Barton his sonne during the whole tearme of the natural life of the said John

Item I will and give unto Stephen Barton my sonne the sume of two hundred pounds of lawfull and good English money to be paid unto him by my Executrix hereafter named at his age of twenty and one yeares
And if the said Stephen my sonne shall decease before his said age of twenty and one yeares Then I will the said two hundred pounds shalbe paid unto Henry Barton my sonne his Executors or assignes, at such tyme as the said Stephen ought to have received the same, by virtue of this my will (if he had lived)

Item whereas I have & hold to mee and mine heires, divers houses lands, and tenements by the wait of mortgage, whereof the tymes of some of them for (the redemption thereof) are comeinge about And the tymes of someother of them when they should have been redeemed are past My will and minde notwithstandinge is that Hellen my loveinge wife and Executrix hereafter named shall have and receave the monies for such and for many of the said houses, lands, or tenements at the tyme of the redemption of the same is coming about and shall not be expired at the tyme of my decease
And alsoe I will that if payment shall not bee tendered unto my said wife at any tyme after my decease of the moneys that ought to have been paid for the redemption of such any or soe many of those houses, lands or tenements as were forfeited unto mee before my decease , I saie I will that my said wife shall also have & receave those moneys and shall and wait upon payment thereof deliver upp the ?? and writings to mee made touching those houses, lands or tenements soe forfeited, or any of them Otherwise if she my said wife shallnot in her life tyme be paid any such monies I will the said houses lands and tenements with theire and every of theire appurtenants to mee mortgaged and forfeited and not redeemed according to the purpose of this my will unto Henry my sonne his heires and assignes for ever

The residue and all other my goods Cattells Chattells and debts of what name nature or kinde soever I will and appoint shalbe had holden, and enjoyed in the manner following that is to saie by the said Hellen my wife her Executors and Assignes if that the said Hellen shall remain sole and not marrie again after my decease
But if that she the said Hellen shall marry againe after my decease Then she shall have and hold my said Cattell Chattell and debts and the moneys of the mortgaged lands houses & tenements aforesaid wch she hath or shall receive by virtue of this my will, only until her marriage againe after my decease And then I will and give to the said Hellen onely one third part of the said goods Cattell Chattell debts and moneys (in three ptes to bee divided, valued and proporconed by my Overseers hereafter to bee named or one of them And she to take the first choice thereof and yet nevertheless he shall stand and be charged with all my depts and legacies, because my will and mind is that there shalbe a deduction consideracon and allowance of all my debts, legacies final charges, and other expenses occasioned by my death for heriot, the feodary, the probaron of this my will and the like out of my said goods and stocke unto my said wife
And the remainder shifted and laid into three partes whereof my said wife furst to have one and the other two partes thereof one to bee and remaine unto Henry mine eldest sonne his Executors and assignes and the other unto the said Stephen my sonne his executors and assignes for ever

And I make and ordaine the said Hellen my wife to bee the sole Executrix of this my Testament and last will
And I make and desire my loving kinsman Thomas Barton of the Courtlege in Hadlowe aforesaide And my good friend William Pawley the elder of the Steyrtward in Hadlowe to bee Overseers of this my testament and last will, that the same mait take effort according to my minde and meaning therein declared And I give to either of them for their paines herein to bee taken fourtie shillings over and above their charges thereby occasioned

This is alsoe the last will of mee the said John Barton made and declared the daie and yeare furst herein before written to ?? the ordering willing and disposeing of all my lands tenements and hereditaments with thappurtenances

I will give and devise unto Henry Barton myne eldest sonne All that messuage or tenement wherein I now dwell And the housing barnes, buildings yards, closes, orchards and lands arrable meadowe and pasture with theire and every of theire and every of theire hereditaments and appurtenances to the said messuage or tenement adjoyninge conteyninge by estimacon thirtie and five acres together lyinge and beinge in Hadlowe aforesaid
And alsoe all other my houses lands and tenements with their appurtenance situate lyinge or beinge in Hadlowe aforesaid To have and to hold All the said messuage or tenement housings, barnes, buildings, yards, closes, orchards and lands arrable meadowe and pasture with th’appurtenances thereto belonging And also all other my lands and tenements in Hadlow aforesaid and all my ?? Remaynder, interest and demand of in and to all and every the same with theire hereditaments and appurtenans unto the said Henry Barton my sonne and to the heires of his body lawfully to bee begotten

And for default of such issue unto the said Stephen Barton my sonne and to the heires of his bodie lawfully to bee begotten
and for lack of such issue the remainder thereof unto Richard and Henry the two sonnes of my brother Henry Barton and to theire heires and assignes for ever

Notwithstandinge my will is that the said Hellen my wife shall or may have and hold my said messuage or tenement wherein I now dwell and the houseinge lands and appurtenants thereto adjoininge, conteyninge by estimacon five and thirtie acres lyinge together in Hadlow aforesaid wth Newmayfeild during her widowhood next after my decease she keeping and mayntayninge all and every the same well & sufficiently repayred during her said widowhood and without committing or doeing any manner of wilful or negligent strip or wast, in or upon the same or any parte thereof anything in this my will conteyned to the contrary thereof notwithstandinge

Item I will, give and devise unto Stephen Barton my sonne All my messuage or tenement housing buildings, yards, closes, orchards and lands arable meadowe and pasture with their and every of their hereditaments and appurtenances situate, lyinge and beinge in Gouthest in the Countie of Kent to have and to hold all and every the said messuage or tenement and premisses in Goutherst aforesaid unto the said Stephen my sonne and the heires of his body lawfully to bee begotten and for want of such issue unto the said Henry my sonne his brother And to the heires of his body lawfully to bee begotten
And in default of such issue the remainder thereof unto Henry and Richard the two sonnes before named of my brother Henry Barton and to theire heires & assignes for ever

Item I give and devise to the said Stephen Barton my sonne his heires and assignes for ever All that annuity or rent charge of twenty shillings heretofore sold and granted to mee and mine heires by James Barton now deceased to bee payable to mee & myne heires for ever

In witness whereof I have to this my Testament and last will written in eight sheets of paper sett my hand and seale proven the daie and yeare furst before written
John Barton their being present and witnessed John Hooper

Probate granted in London 4th November 1629


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Will of John Barton
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