Will of John Dale

of Staple, Kent

In the name of God Amen the sixe and twentyth [26th] daye of March Anno dini 1612
I John Dale of the parish of Staple in the Countye of Kent y[e]oman beinge sicke of bodye but of good and perfect remembraunce (thankes be unto Almightie God) doe ordaine and make this my testament and last will revocable, revokinge all former wills, in manner and forme followinge
First and before all things I bequeath my soule to the greate mercy of my only Saviour Jesus Christ thereon, whose death and passion I hope to be saved and my bodye to be buried one (on the) Southside of the Church yarde of Staple aforesaid

Item I give & bequeath to the poore people of the p[ar]ish aforesaid sixe shillings and eight pence of lawfull monye to be distributed unto them w[i]thin one moneth next after my decease at the discretion of Edward Hall and Stephen Gibbs two of my neighbours
Item I give and bequeath (six) shillings and eight pence of like lawfull English money (to the) poore people of the p'ish of Woodnesborrow [Woodnesborough] to be (distributed) unto them at the discretion of Edward Knight? two monethes after my decease

Item I give and bequeath (un)to Edward Dale my eldest sonne three horses, mares or (geldings) to be deliverd unto him upon the feast daye of St. Michaell Tharchangell next after he shall accomplishe his age of one and (twentye) yeeres or els tenn poundes of lawfull English money (and to his) heire to be and or delivered, unto him by Marye my (now) wife whom I ordaine and make my sole Executrix of this my last will and Testament

Item I give and bequeath more (unto) him my said sonne Edward three seames? of good, sweete & .... cleane wheat to the best for seed to sowe And also three seames of good sweete and well cleaned barlye of the best to sowe
Also I give and bequeath unto him my sonne Edward more? manltequeerne [malt quern?] and my greatest brasse pott, a yoteinge? To..... all my axes, Augers and sawes w[i]thall my edge tooles whatsoever

Also I give unto him my said sonne Edward all that my ... tymber w[hi]ch I had prepared for him [about 5-6 words unreadable due to bleed-through] .. readye theaven squared amountinge to two tonnes of tymber and a halfe or thereabouts
All wch & severall (legacies?) I will and my mynd is shall be delivered him at the feast of St. Michaell Tharchangell next after he shall accomplish his said age of one & twentye yeeres

Item I give unto Agnes my daughter fortye poundes of lawfull English money to be paid unto her by my Executrix when (she) shall accomplishe the age of eighteene yeeres or wthin one one moneth after the daye of her mariage wch shall first happen
Item I give and bequeath unto Jane my daughter fortye pounds of like lawfull English monye to be paid unto her by my Executrix when she shall accomplish the age of eighteene yeeres, or wthin one one moneth after the daye of her mariage wch shall first happen
Item I give unto Alice my daughter fortye pounds of like lawfull English monye to be paid unto her by my Executrix when she shall accomplish the age of eighteene yeeres, or wthin one one moneth after the daye of her mariage wch shall first happen

And yf yt shall fortune every? of my said three daughter Agnes, Jane and Alyce to dye and departe this life before they come to the age or tymes before as aforesaid lymitted, then my will and mynd is that the other two survivinge shall be heires to her deceased
And that the six score pounds formerly by this my last will and testament demised to my three daughters shall be paid by equall and even portions devided betweene my two daughters survivinge (that is to saye) to eache of them so survivnge threscore pounds apeece to be paid unto either of them when eyther of them shall accomplish theire said age of eighteene yeeres or wthin one moneth after the daye of marriage wch shall first happen

But yf yt should happen two of my daughters to dye and dep[ar]te this life before they come to the age or tymes before as abovesaid lymitted, Then I will and my mynde is that the third so survivinge shall be paid by my Executrix only threescore pounds of lawfull English money at his age of eighteene yeeres or within one moneth after the daye of her marriage wch shall first happen and the other three score pounds to be abated and saved to my now said wife Marye Executrixe of this my last will and Testament

But yf yt should happen all my said three daughters to dye and dep'te this life, wch God it defend, before they come to the age or tyme before as aforesaid lymitted, Then will and my minde is that Marye my now wife and Executrixe of this my last will and Testament shall paye the threescore pounds wch shee should have paid to my daughter Survivinge the other two beinge dead unto my sonne John to be paid when he shall accomplish his full age of two and twenty yeeres

And the residue of my goods, Chattels and moveables whatsoever not bequeathed in this my last will and Testament I give and bequeath And wholye put them over unto Marye my now wife, she bringinge up my children and keepinge my two sonnes to Schoole untill such tyme as they can read well and write faire
And she the said Marye to paye and discharge my debts and legacyes and all my funerall charges and to receave and take all my debts wch said Marye my now wife I Appoint and make my sole Executrix of this my present last will and Testament

Now as concerninge the disposicon and orderinge of my houses, lands and Ten[emen]ts

First I will and bequeathe that Marye my now wife shall have the occupacon of my now dwelling houses, barnes, Stables and other buildings, and all my lands in the parish of Staple aforesaid and also two peeces or p[ar]cells of land in the p[ar]ish of Woodnesborrow aforesaid, the one peece contayninge three acres wch I bought of John Richards and the other peece contayninge fower acres wch I bought of Thomas Steddey unto the feast daye of St. Michaell the Archangell next after my sonne Edward shall accomplish and come to his full age of one & twentye yeeres, she the said Marye my Executrixe keepinge and susteyninge all my houses, barnes, stables and other buildings well and sufficientlye repaired and mainteyned, that is to saye, wind tythe [tight] and water tythe during the said tearme, And also all the molesters and some of the lands wthout stripp or wast And also paye and discharge yeerlie every yeere the lords rent

And when my sonne Edward shall accomplish his said full age of one and Twentye yeeres then I will and bequeathe, and my mynde is, that at the feast of St. Michaell Tharchangell imedyatlie followinge his said age of one and twentye yeeres Then the said houses, barnes, Stable and other buildings and all my lands in Staple and the two peece of and in Woodnesborrow aforesaid ye one conteyninge seaven acres wch I bought of Thomas Steddye to be to my sonne Edward his heires and assignes for ever, payeinge yeerlie and every yeere after he shall enjoye the said houses and lands unto Marye my wife duringe the tyme of h[e]r naturall life the some of foure pounds of lawfull Englishe money yeerelie

Item I will and bequeath that Marye my wife shall have the occupacon of foure acres and three rodds or yarde of land more or lesse wch I Bought of Lawrence Omer to her and to her assignes untill the feast dayes of St. Michaell the Archangell next after my sonne John shall Accomplish his age of two and twentye yeeres
And I will that my sonne Edward shall have the use and occupacon of the said foure acres and three rodds or yards of land from Michaellmas next after my said sonne John shall accomplish his said age of two & twentye yeeres till Michaellmas next after my said sonne John shall accomplish and come to the age of five and Twentye yeeres
And then at the feast of St. Michaell Tharchangell next after my said sonne John shall accomplish his said age of five and Twentye yeeres, I will and bequeath the said foure acres and three rods or yards of land more or lesse unto my said sonne John his heires and assignes for ever

Item I give and bequeath unto my said wife Marye my ten[emen]te being a house, orchard in the p'ish of Kingstone to her and her assignes during the whole tearme of her naturall life, she the said Marye my Executrixe keepinge and mainteyninge the said house well and sufficientlie, repaired and mainteyned, that is to saye, wind t[i]ght and water t[i]gth duringe her naturall life And also paye and discharge yeerely and every yeere the Lords rent and also keepe and mainteyne the ...wayes and Fences of the said ten't w[i]thout stripp or wast
and after the decease of Marye my wife I will & bequeath the said ten't & orchard to my saide sonne John, his heires and assignes for ever

Also I give and bequeath unto my said sonne John One hundred pounds of good and lawful money of England to be paid unto him by my Executrix at the feast of St. Michaell tharchangell next after he shall accomplish his age of two & twentye yeeres
Item I will and my mynd is that when my sonne John shall Accomplish his age of five and twentye yeeres, then my sonne Edward shall pay yeerelie and every yeerely duringe the tearme of tenne yeeres from thence next followinge unto my said sonne John the full some of Tenn pounds of lawfull English money yeerelie and he the saide John shall make unto my sonne Edward a lawfull acquittance yeerelie upon every payment of the said Tenn pounds, And at the last payment A Generall Acquittance

And Lastlye I doe appoint Robert Rugly of Kingstone to be my Overseere and to end and take myne every controversy that maye aryse or growe eyther betweene my Exectrixe and her children or betweene my children among them selves concerninge any legacyes or bequests in this my last will and Testament given and bequeathed

These witnesses: Stephen Gibbs; Jhn Brabson; Richard Murton;
the marke of John Dale

A Codicell [Codicil] made by my the said John Dale and Annexed to this my last will and testament the daye and yeere first above written declaringe and exepressinge my mynd further in some things as followeth

I will this, my mynd is that Marye my now wife & Executrix of this my last will and testament or her assignes shall plowe and harrowe, sowe in husbandly manner the yeere next before my sonne Edward shall accomplishe his age of one and Twenty yeeres Tenn peeces of fodder (that is to say) of Pease & flaxes? and shall leave the Cropp of the said tenn taxes peased and imbarned by my said Executrix to the use of Edward my sonne at the feast of St. Michaell Tharchangell next following
Also I give unto my said sonne Edward In Ixon Oxene

Further my will and mynd is that my now wife Marye my Exec[ut]rix shall leave unto Edward my sonne at St. Michaell Tharchangell next after he the said Edward shall accomplish his said age of one and Twentye yeere one wagon Dark & two Coorts And waggon, harnes for three horses one plowe & harrowes my grist legacye & pmission heerbefore made to the contrarye notwithstandinge

Shalby it is p[ro]vyded and my Will and mynd is that Marye my now wife whome I have made Executrix sole shall never Clayme or Challeneg my Tytle of Dowere or Widdowright out of my lands or Ten'ts before in this my last will and Testament bequeathed and given to my two sonnes Edward & John at theire severall ages herein expressed
And yf she shall soe doe Then my mynd and will is is that then and from thence forth all the demises both of land and monye yeerlie to her by this my last will and testament bequeathed shalbe utterlye extinguished and voyd anye thinge to the contrarye notwithstandinge
And that then and from thence forth she shall be become ptent comvable to my two sonnes of whatsoever goods and Chattells she have possessed her selfe of wch were the goods and chattells of me the said John Dale at any tyme duringe my naturall life And make restitution thereof to them accordingly
10th March 1613

This is a Codycell to be annexed to the last will & testament of me John Dale of Staple wthin the Countye of Kent yoman and by me the said John Dale declared & published the daye and yeere above written to be a further inlargement & addicon to my foresaid will whereto this codycell being annexed aba? pts of the same

I further give and bequeath unto Marye my Wife fortye shillings of lawfull English mony to be paid unto her by Edward Dale my eldest sonne wthin one whole yeere next after he shall enjoye and possesse my lands & ten'ts formerlye devyded and bequeathed unto him by my last will and Testament and from thenceforth yeerelie & everye yeere forty shillings of like lawfull English money to be paid her out of my said lands so as foresaid devysed duringe her naturall life

And whereas it is uncerteyne whether my saide wife Marye be wth Childe at my departure out of this life yf she shall be so found to be wth Childe at the daye of my departure out of this life I give & bequeath unto that Childe fourty pounds of Lawfull English money to be paid her by my Executrixe And yf yt be a man Childe then to be paid at the age of Eighteene yeeres or woman Childe to be borne at the age of fourteene yeeres

But if the said Marye my wyfe shall not happen to be wth Childe at my departure out of this world, Then I will & bequeath that fourty poundes to be paid by my Executrixe unto my three daughters equally to be devyded among them at such dayes and tymes as they are to receave there other legacyes given and bequeathed unto them by this my last will and Testament

These beinge Witnesses: William Devenson; Alsoe Sir Richard Murton the marke of John Dale

Probatum fuit: 9th April 1614

Transcribed by Shelagh Mason 31st July 2021

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