Will of Thomas Day

of Brenchley, Kent

Item I give to my brother Isaack Turner the summe of thirty pounds, to bee payed within one yeare after my decease.
And to my sister Anne Greene the summe of Tenn shillings to be paid to her within one yeare after my decease.
Item I give the summe of five pounds to the children of my sister West, vizt, Mary and Elizabeth, to be paid to them and the survivor of them when the yongest of them shall or might have come to the age of one and twenty yeares.
It[em] I give to James, Robert and Samuell the sonnes, and Elizabeth, Margaret, Mary and Sarah the daughters, of my sister Pickerell the summe of five pounds, vizt, three pounds to the sonnes and forty shillings to the daughters, to be paid to and equally devided amonge them and the survivors of them when the yongest of them shall come to the age of one and twenty yeares.

It[em] I give to John Osbourne and Elizabeth Osbourne, the children of my sister Osbourne deceased, the summe of Five pounds a peece, to be paid to them respectively when they some to their severall ages of one and twenty yeares.
It[em] I give to my neighbour Edward Stringer th’elder the summe of five pounds, to be payed within one yeare after my decease.
It[em] I give to my servants Thomas Mote and Mercie Wickens the summe of five shillings a peece to be paid within sixe moneths after my decease.

It[em] I give to my eldest sonne Thomas Day the summe of two hundred and fifty pounds, to bee paid to him at his age of one and twenty yeares.
It[em] I give to my sonne Isaack Day the summe of Two hundred pounds,
To my sonne Jacob Day the summe of three hundred pounds, to be paid to them respectively when they shall come to their severall age of one and twenty yeares.
And if it shall happen that any of my sayd sonnes shall happen to dye before hee come to the age of one and twenty yeares, then my will is that his part shall be equally devided betweene the survivors of them.

It[em] I doe make and ordayne my much esteemed friend George Payne Gent, my loving brothers Richard Day and Issack Turner, Executours in trust for the execution of this my will untill my sayd sonne Thomas shall come to the age of one and twenty yeares, at which tyme I make him, my sayd sonne Thomas, the sole Executor of this my will,
To whome I will that at his sayd age of one and twenty yeatres my sayd Executors in trust and survivors and survivor of them shall give Accompte of all they have receaved by virtue of this my will, and that they shall pay and deliver over unto him, my sayd sonne Thomas, all such money and goods as shall remayne in their or his hands, upon my sayd sonne Thomas his giveing to them or the survivors or survivor of them sufficient securitie for performance of this my will according to the true meaning thereof,

And my will is that if, after the dischargeing my funerall expences and payment of my debts and legacies, after my sayd Executors shall have deducted what they shall have disbursed about this my will, there be yet any remaynder of any personall Estate, that such remaynder shall be equally devided amonge my sayd fower sonnes and the survivors of them,
And that if any of them dye before hee or they come to the age of them, and that if any of them dye before hee or they come to the age of one and twenty yeares, that his or their part shall be equally devided amonge the Survivors, or else remayne to the Survivor in case all of them except one shall dye before they come [to] the sayd age of one and twenty yeares, but if it happen that my personall Estate shall not amounte to such a summe as will discharge my funerall expences and pay my debts and legacies and myne Executors disbursements about the execution of this my will, thyen my mynde is that every of my sayd fower sonnes shall abate out of the legacie given to him a fowerth part of what my personall estate shall come short of such a summe.

The disposeing of my lands and tenements is as followeth.
First I give to Elizabeth Turner my loving mother an Annuitie of five pounds during her naturall life to be issueing out of my bigest Tenement in Crambrooke and the lands therto belonging, being in the occupation of John Baker to be had and taken quarterly, without any deduction for any taxes whatsoever, with power of distresse for any fault of payment, the fower dayes of payment to be the twenty fifth of March, Twenty fowerth of June, Twenty nynth of September and twenty fifth of December, that day of the sayde fower dayes that first happeneth after my decease to be accompted the day for payment of the first quarter of the sayd Annuitie, the which Tenement and lands with the appurten[a]nces I give unto Thomas Day my eldest sonne and his heyres.

It[em] I give and bequeath my lesser Tenement in Crambrooke and the lands thereto belonging, conteyning by estimation about twenty eight Acres, being alsoe in the occupation of the sayd John Baker, unto Isaack Day my third sonne and to his heyres.

It[em] I give unto James Day my second sonne and to his heyres all my house and landes in Horsmonden conteyning by estimation about thirty fower Acres and being in the occupation of George Becket.

It[em] I give to Jacob Day and his heyres all my Tenement and lands neere Rhoden Greene in Brenchly aforesayd conteyning my estimation about fowerteene Acres, with appurtenances, and being in the occupation of Henry Cocke.

It[em] it is my will and mynde notwithstanding anything herein expressed that myne Executors in trust and the Survivors and Survivor of them shall take up the Rents and profitts of my landes and Tenements hereby given unto any and every of my sayd sonnes untill the sayd Thomas Day my eldest sonne shall come to the age of one and twenty yeares and shall have given unto my sayd Executors in trust such securitie as is above mentioned, and that out of the sayd profitts and alsoe if they soe consent of my personall Estate they shall allowe such mayntenance to every of my sayd fower sonnes as they or the survivors or survivor of them shall thinke requisite untill Thomas Day my sonne shall come to his sayd Age of one and twenty yeares and shall have given such securitie, after which tyme it is my will and mynde that my sayd sonne Thomas Day take up the profitts of the lands given to every of my yonger sonnes untill hee or they to whome the sayd lands are given come to his or their age of one and twenty yeares, and that hee make such allowance out of the sayd profitts of lands and personall Estate to every of my sayd yonger sonnes untill they come of age as my sayd Executors in trust the survivors or survivor of them shall appointe to be allowed.

In witnes that this is my last will I have hereunto set my hand and seale.
Thomas Day
In the presence of William Hendley, Thomas Mott, Mathew Wells.

Probate of Will of Thomas Day, 1653

This Will was proved at Westminster the nynteenth day of May in the yeare of our Lord God one thousand sixe hundred fiftie three before the Judges for probate of Wills and graunting of Administrations according to an Act of Parliament entituled an Act for probate of wills and graunting Administrations,
By the Oathes of Richard Day and Isaack Turner, two of the Executors in the sayd will named, according to the lymitations in the same expressed, To whome Administration of all and singuler the goods, chattells and debts of the sayd deceased which any manner of way concerne the same will was graunted and committed, they being first legally sworne well and faithfully to Administer the same
Power being alsoe reserved of graunting like probate and authority to George Paine the other Executor therein named when he shall come and legally require the same.

Return to Kent Genealogy