Brook Will 1597

Will of Silvester Brooke

of Woodnesborough, Kent


Source: Archdeaconry Court of Canterbury, Canterbury Cathedral Archives PRC 17/51/10
Submitted by Steve Clarke
In The Name of God Amen the one and twentieth daye of Marche in the nine and thirtethe yere of the reigne of our Soveraigne Ladye Elizabethe by the grace of God of England France and Ireland, Queene, defender of the faythe, &c. [1596/7]
I Silvester Brooke of the parish of Woodnesborowe in the countie of Kente, Yeoman, beinge sicke in bodye but of good remembrannce, thankes be given to Allmightie God I ordeine and make this my last will and testamente in manner and forme followinge
Firste I bequeathe my soule to Almightie God trustinge to be saved onelie by the merits of Christe Jesus and my bodie to be buried in the Churchyarde of Woodnesborow aforesaid at the east ende of the Channcell

Item I give and bequeathe unto Joane Brooke my daughter fortie pounds of good and lawful monie of Englande to be paid unto her at her age of twentie yeres by my executore yf she doe so longe lyve as hereafter followethe
Item I give and bequeathe unto my child my wife nowe goethe withall w[hi]ch is yet unborn fortie pounds of like monie as aforesaide yf it be a woman child to be paid unto her at her age of twentie yeres above menconed by my said executor
But yf it be a manchilde I give unto my said childe fiftie pounds of lawfull englishe monie to be paid unto him at the age of xxtie [20] yeres by my said executor

Item my Will is Alice my wife shall have the custodie and bringinge up of my said two children untill they come to the ages of twentie yeres and she to have the profitt of there porcons untill they come to the age of xxtie yeres, that is, two shillings of the pounde and to be paide unto her yerelye by my said executor

Item I give and bequeathe and forgive unto Thomas Brooke my sonne all those debtes some and somes of monie or other things whatsoever he owethe me to the onelie use of the said Thomas my sonne and his assignes
Item all the rest of my moveable goods chattells or annuall rents unbequeathed my debts paid and my legacies performed and other funerall & ordinary charges allowed I give and bequeath unto Alice my wife to her and her assignes

Allsoe my Will is that yf anie of my two children happen to die that is to saye Joane Brooke my daughter and my child wch yet unborne before they come to the age of twentie yeres that then the longest liver of them two shalbe heire of the former deceased But if it happen both my said chyldren last specified to decease before they come to the age of twentie yeres as is above saide then my will is that Alice my wife shall have the p'fitt of bothe the said porcons duringe her naturall life, that is to saye, two shillings of the pounde to be paid unto her yerelie by my said executor or his assignes

And after the decease of my said wife I give and bequeath the said two porcons unto my sonne Thomas Brooks children equallie to be devided amongste them by my said executor or his assignes

Nowe as touchinge the disposicon of my house and tenemente wch I nowe dwell in wth the grounde and other the Appurtenanncs [Appurtenances] thereunto belonginge, I give and bequeathe unto Alice my Wife duringe her naturall lif, she keepinge the repacons [repairs] of the same house in tenante like sorte, that is wind tighte and water tighte duringe all the tearme of her naturall lif

And after the decease of my said wif I give and bequeath the said house and tenemente aforesaide and grounde thereto belonginge with th appurtenanncs unto two of my children abpove specified, that is to saye, Joane Broke and to my child that is yt unborne to them to there heire(s) for evr
Provided alwaies and my will is that yf anie of my two children last specified doe die withoute heires of hys or her bodye lawfullie begotten, then I will that the longest liver of them shall have the house, tenemente and grounde thereto belonginge wth thappurteanncs to her or him or to her or his heires for ever
And further my will is that yf both my said children last specified, viz: Joane Broke and my child yet unborne doe decease withoute heires of there bodies lawfullie begotten Then I will and give the said house and tenemente and ground thereto belonginge wth thappurteanncs unto my sonne Thomas Brokes children to them and to there heires for ever

And further I doe requeste ordeine and make Thomas Brooke my sonne whole and sole executor of this my last will and testamente for the true orderinge and performinge of the same

This is the last will and testament of me Silvester Broke above specifyed whereunto I have sette my hande and seale dated the daie and yere first above Written 1596.
Silvester Broke
Sealed signed and delivered in the presence of us
John Appleton; Willm Taylor by his marke, and Augustine Brenchlie

A Codicill to be annexed to the last Will and testamente of Silvester Broke late of Woodnesborowe deceased by him uttered and declared as p[ar]te and p[ar]cell of his will beinge of good and pfect memorie imediatelie after the reading and acknowledginge of the same his will exhibited beinge in these words followinge or the like in effects, viz:

The sayd Silvester Broke being asked whether it were his will and minde that Alice his wife after his deathe shall have anie dowre [dowry] or widowe righte in the house & lands of his sonne Thomas Broke he answered that his meaninge and will was that his sayd wife should have no dowre or Widow right in the same house and lands of his said sonne Thomas Broke

And also the sayd Silvester Broke the testator at the time above menconed and at other times before that time and since beinge of good & pfecte memorie uttered these words or the like in effecte as a pte and pcell of his Will and testamente, viz.
that his will & meaninge was that Alice his wif after his deathe should not have and enjoye anie dowre or Widowright oute of the house or lands of his sonne Thomas Broke, But yf she did make chalendge and recover or enjoye the same dowre that then she should loose the whole Benefitt of all other legacies wch he had given her the said Alice by his will and testamente

Probatum fuit: 19th October 1597

Notes:
Selvester Brooke was buried at St. Mary the Virgin, Woodnesborough, Kent on 24th March 1596/97
Sylvester Brooke had married Annys Fane 16 Sep 1563 at St. Nicholas, Ash-next-Sandwich.
Only known child of this marriage: Thomas, baptised 4 Apr 1563 at Woodnesborough, s. of Selvestri Brooke.
Annes Brooke, wife of Selvester was buried at Woodnesborough on 21 Oct 1592
Silvester Brooke then married Alis Rose 15 May 1594 at Woodnesborough.
Daughter Joane Brooke 2 Mar 1594/95 – baptised at Woodnesborough.
The unborn child mentioned in the Will is possibly: Susan Brooke, d. of Selvester, baptised at Woodnesborough on 11 Sep 1597 (6 months after his burial).

Transcribed by Mrs. Shelagh Mason 16th February 2023


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Will of Silvester Brooke
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