Cook Will 1698

Will of John Cooke

of Sandhurst, Kent


Source: Prerogative Court of Canterbury TNA Ref.: PROB 11/447/439
Submitted by Shelagh Mason
In the name of God Amen
I John Cooke of Sandhurst in the County of Kent Yeoman being in good health in body and of sound and perfect mind and memory thankes be given to God therefore doe this eighteenth day of July in the tenth yeare of the Reigne of our Sovereigne Lord William the third by the grace of God of England Scotland France and Ireland King Defender of the Faith etc. Anno dini one thousand Six hundred ninety eight make and ordaine this my last Will and Testament in manner and forme following that is to say
in the first place I commend my Soul into the hands of Almighty God that gave it me and my body I leave to returne to the earth from whence it came and to receive a decent buryall at the discrecon of my Executrix hereafter named
And as touching the disposicion of such Estate as it hath pleased God to blesse me with in this World I dispose of the same as followeth

Imprimis I give and bequeath unto Jane my Wife one peice of Gold called a Guinea to be paid unto her by my Executrix hereafter named wihtin one month next after my decease And the reason I have given my wife noe more is because I entered into one Obligacon before marriage with her to leave her the summe of two hundred and fifty pounds if she survive me, which according to the said obligacon and condicon I desire the same may be paid to her

Item I give and bequeath unto Mary Spice daughter of William Spice of Hawkherst one peice of gold called a Guinea to be paid to her at her age of one and twenty yeares by my Executrix hereafter named if she be then living

Item I give and bequeath unto Elizabeth Batchelor my Sister five pounds of lawfull money of England to be paid unto her by my Executrix hereafter named within six monethes next after my decease

Item I give and bequeath unto the two Sonns and three daughters of John Apps late of Saleherst in Sussex deceased by Anne his wife four pounds apeice of lawfull money of England to be paid unto them within six monethes next after my decease by my Executrix hereafter named And in case any of the said two sonns or three daughters shall happen to dye before his her or their Legacy or Legacyes shall be by this my Will due and payable Then my mind and will is that the Legacy or Legacyes of him her or them soe dying shall be equally divided amongst the Survivors and Survivor of him her or them soe liveing

Item I give and bequeath unto William Dunke sonne of John Dunke of Bodiham [Bodiam, East Sussex] five pounds of lawfull money of England to be paid unto him at his age of one and twenty yeares by my Executrix hereafter named

Al the rest and residue of my goods chattells and personall Estate whatsoever my Debts Legacyes Funerall expences and probat (sic) of this my Will being first paid and discharged I give and bequeath to my only Daughter Elizabeth Cooke now about the age of Sixteen yeares whom I doe hereby make and ordaine Sole Executrix of this my present Last Will and Testament

And I make and ordaine my loveing friends Thomas Potter of Sandherst aforesaid Yeoman and John Dunke of Bodiham in the County of Sussex Carpenter Overseers of this my said Will

And I give and bequeath unto the said Thomas Potter the summe of tenn pounds for his care and paines in and about the manageing hereof over and above his charges and expences desireing him to see me decently buryed
And the said John Dunke I give five pounds for his paines desireing him to be assisting herein over and above his charges and expences he may be at the said money to be taken out of my Estate
(but withall I doe hereby especially impower and authorize the said Thomas Potter to take the Administracon of all my goods and chattells dureing the minority of my said daughter minority And to pay and satisfy to my said daughter and Executrix all and every such moneys as the said Thomas Potter shall have in his hands of the goods and other money of mine
And I will he shall deliver all such goods and household unsold to her my said Executrix when she shall have attained her age of one and twenty yeares or day of her marriage which shall first happen And shall give and yeild to her a true and just account of his acting and dealeing touching my Estate as Overseer to all intents and purposes of Law according to my true meaning herein

And further I declare and will that the said Thomas Potter shall after my debts Legacyes Funerall expences and probat of this my Will being all paid soe farr as in him lyeth lay out and dispose of the remainder of the money as he shall have in his hands on the purchase of lands and tenements to and for the use of my said daughter Elizabeth Cooke her heires and Assignes for ever by and with the advice of the said John Dunke my other Overseer or otherwise employ the Overplus of money of my Estate for the benefit of my said daughter whereby my Estate may be improved and that she may be the better educated and to act for the best and securest way for her good and preferment
And to be accountable to her of his acting and dealing when she shall have attained her said age of one and twenty yeares of upon the day of marriage which shall first happen (anything herein before contained to the contrary thereof in any wise notwithstanding) And I doe desire the said Thomas Potter and my other Overseer to have a great care of my said daughter

And moreover I doe hereby declare my will and meaning to be that if any other person or persons before herein menconed happen to owe me any money upon Bond or Bill at my death to whom I have given Legacy or Legacyes unto And shall not nor doe not pay and satisfye such money to my said Executrix or my Overseer Thomas Potter soe oweing as aforesaid then such person or persons soe refuseing to pay such money as aforesayd shall have noe benefit of his or their Legacy or Legacyes but shall loose the same And that such Legacy or Legacyes shall be in such case void to all intents and purposes

This is also the last Will and Testament of me the aforesaid John Cooke the Testator made published and declared the day and yeare aforesaid touching the disposicon of all and every my messuages lands tenements and hereditaments herefter menconed with their and every of their appurtenances (that is to say)

First I give and devise unto the said Elizabeth Cooke my daughter All that one messuage or tenement barne lands tenements and premisses with thappurtenances [the appurtenances] scituate lyeing and being in Sandherst aforesaid containeing by estimacon Eight and thirty acres more or lesse late in the occupacon of Richard Buckwell or his Assignes which said messuage and premisses I lately purchased of Jacob Wraight gent and Bridgett his wife and Cordelia Fowle (which said Jacob Wraight and Cordelia Fowle are since deceased)
To have and to hold the said messuage lands and premisses with thappurtenances (sic) unto my said daughter Elizabeth Cooke and her Assignes for and dureing the terme of her naturall life

And from and after the death of my said daughter Elizabeth Cooke I give and devise the same Messuage barne Lands and premisses with their and every of their appurtenances to all and every of my owne brothers and sisters if any (of them) be liveing at my decease and owne brothers and sisters Children equally to be divided amongst them that shall be then liveing and to their Heires and Assignes for ever

Item I give and devise unto the said Elizabeth Cooke my daughter all and every other my messuages barnes lands tenements hereditaments and premisses with their and every of their appurtenances (not herein before devised) Scituate lyeing and being in Sandherst aforesaid or effects wherein the Kingdome of England And the revercon and revercons remainder and remainders thereof To have and to hold all the said premisses whatsoever with their and every other of their appurtenances not herein before given devised unto my said daughter Elizabeth Cooke and her heirs and Assignes for ever
Subject and chargeable nevertheless to and with the payment of the severall rent charges herein after devised and menconed, that is to say,
I give and devise unto Alice the wife of the said John Dunke of Bodiham Carpenter one Annuity or yearly rent charge of three pounds per Annum dureing her naturall life
To my brother Richard Cooke one Annuity or yearly rent charge of four pounds per Annum dureing his naturall life
To William Batchellor of Bodiham my Cosen three pounds per Annum dureing his naturall life
And to my cosen John Cooke three pounds per Annum dureing his naturall life
the same Annuity or rent charges to be issueing and goeing out of all and every the aforesaid messuages and premisses with the appurtenances before devised to my daughter Elizabeth Cooke her Heires and Assignes for ever wheresoever the said messuages and premisses may be found

The said annuity of yearely rent charges to be paid unto the said Alice the wife of the said John Dunke my said brother Richard Cooke my said Cozen William Batchellor and my said Cozen John Cooke Quarterly at Michas [Michaelmas] Christmas Lady Day and Midsummer by even porcons The first payment thereof to be made at such of the said dayes of payment which shall next happen after my decease

And for non-payment of the aforesaid severally [several] Annuityes or yearely rent charges given and devised as aforesaid or any or either of them within thirty dayes next after any of the said dayes of payment I doe hereby give full power and authority to the said Alice the wife of the said John Dunke To the said Richard Cooke my brother To the said William Batchellor my cozen and to the said John Cooke my Cozen or to any or either of them to whom the said rent charges shall be due and payable as aforesaid to enter and distraine upon the aforesaid lands and premisses for the said Annuityes or Rent charges soe to them and every or any of them by this my last Will and Testament given and devised unto them as aforesaid as in case of a Rent charge or rent charges at the common Law

In Witnesse whereof and that this is my very last Will and Testament hereby revokeing all former Wills by me heretofore made I have to this my said last Will written and comprized in Six sheetes of paper to every of the said Sheetes have set my hand and to the last sheete have put my Seale the day and yeare above written and in the presence of those whose names are hereunder written
John Cooke

Signed sealed published and declared to be the last Will and Testament of the said John Cooke the Testator in the presence of those whose names are hereunder written
William Dunke Susannah Dunke her marke Sam: Durrant

Probatum fuit: 3rd October London

Notes:
John Cooke was buried at St. Nicholas, Sandhurst on 22nd August 1698 with a note at the entry in the burial register: �The forfeiture taken and distributed amongst the poor.�
John Cooke married Jane Guildford on 14th April 1681 at Sandhurst.
Their daughter Elizabeth was christened there on: 30th July 1682.
Elizabeth married John Turner 12th January 1715 at St. Laurence, Hawkhurst.
John's sister Elizabeth married John Bachelor 16 May 1671 at Sandhurst.

Transcribed by Shelagh Mason 9th November 2019. All rights waived for personal use � BUT please quote source and reference.


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Will of John Cooke
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