Small Will 1653/4

Will of Nicholas Smale

of Dartford, Kent


Source: Prerogative Court of Canterbury PROB 11/240/288
Submitted by Neil Sladden
In the Name of God Amen The Eighteenth day of Ocober [October] One thousand Six hundred Fiftie and Three
I Nicholas Smale of Dartford in the County of Kente Wharfenger * beinge sicke in bodye but in perfect mynd and memory (the Lord be praysed) knoweinge the Certaynety of Death and not the time thereof doe make and ordaine this my last Will and Testament hereafter Followinge (That is to say)
First and most chiefely I give and bequeath my Soule unto Allmighty God and my creator and maker and to Jesus Christ my Saviour and Redeemer hopeing and confidently believeinge by the sheddinge of his most precious bloud for all mankind to receive a place in paradize wch [which] hee hath purchased for all true beleevers in him And my body to the Earth from whence it came decently to bee interred in the Church of Orpington in the said County of Kente And as for the worldly wealth which the Lord hath lent mee I give as followeth

Item I give and bequeath unto my loveing wife Anne Smale Two hundred pounds of lawfull money of England to bee payd unto her by myne Executors within Six months next after my decease
Item likewise I give and bequeath unto my sayd wife all my goodes moveables househould stuffe (onely one Fether bedd and one table excepted wch I leave unto myne Executor with full power to live and inhabit in the house wherein I now dwell for Two Yeares if hee shall soe longe Live)

Item I give and bequeath unto my Brother Robert Smalle Twenty poundes of lawfull money of England To bee payd him by myne Executor within two yeares next after my decease

Item I give and bequeath unto three Children of my sayd Brother Robert, Nicholas Smale, Anne Smale and Katherine Smale to each of them tenne poundes apeece to bee payd by my Executor at the age of one and twenty yeares as they or either of them shall live and attaine unto the sayd age of one & Twenty yeares
And if either or any of the sayd Three Children of my said Brother Robert (that is to say) Nicholas Anne & Katherine shall dye and departe this world before the Age of one and twenty yeares Then my mynde and Will is that the Survivour or Survivours of them to have ye sayd Thirtie poundes to bee payd at their ages aforesaid

Item I give and bequeath unto my Sister Anne Smale the Summe of Twenty poundes of lawfull money of England to bee payd by myne Executor within Two yeares next after my decease

Item I give and bequeath unto my Kinswoman Anne Smale the daughter of my Brother George Smale the Summe of Twentie poundes of lawfull money of England to bee payd her by myne Executor when she shall attaine to the age of one and Twentie yeares

Item I give and bequeath unto my loveing kinsman Richard Smale the Summe of Five poundes of lawfull money of England to bee payd him by my Executor in Twelve moneths next after my decease

More I give and bequeath unto my loveinge wife Fower hundred of Faggotts every yeare yearelye dureinge her naturall life to be payd and loused? her by myne Executor

Item I give and bequeath unto my Brother George Smale one roome in my now dwellinge house with full libertie of ingresse egress and regresse thereunto for him his Executors and Assignes dureinge the Continuance of the Lease thereof
Item my mynd and wyll is that my Executor hereafter named shall Spend and bestow upon my Funerall right the full summe of Tenne poundes

Item all the rest of my goodes Chatles Cattle moveables Faggotts Banens? Wood Tymber and all other Commodities as Lates or she like with their and every their appurtenances my debts Legacyes and Funerall Right discharged I give and bequeath unto my sayd Brother George Smale whom I make Sole Executor of this my last Will and Testament revokeinge all former Wills

In Witnes that this is my last wyll consistinge of Three Sheetes of Paper to every Sheete I have put my hand and Seale The day and yeare first above written
Nicholas Smale

Read Signed Sealed Published and Declared as the last will and Testament of the sayd Nicholas Smale in the presence of
Henry Medhurst his marke - Thomas Hawes Senior.

This Will was proved at Westminster the Tenth day of February (English Style) One thousand six hundred fifty Three Before the Judges for Probate of Wills and grantinge Administracons [Administrations] Lawfully Authorized by the Oath of George Smale the Brother and Sole Executor in the same will named To whom was Committed Administracon of all and Singular the goodes Chattles and debts of the sayd deceased hee beinge first lawfully sworne truely to Administer the same

Notes:
* A Wharfenger [Wharfinger] is an old term for a person who owned or kept a wharf. The Wharfinger takes custody of and is responsible for goods delivered to the wharf, typically has an office on the wharf or dock, and is responsible for day-to-day activities including slipways, keeping tide tables** and resolving disputes.
** Does not apply to 1653 – Tide Tables did not come into existence until 1770.
Nicholas Small (Smale) married Anne Verrier, Widow on 20th November 1638 at SS Peter & Paul Swanscombe, Kent, by Licence.

Transcribed by Mrs. Shelagh Mason, 23rd May 2020


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Will of Nicholas Smale
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