Item I give to my sonne Sir John Smyth for blacks for him his wife and servants twenty pound
Item I give to my sonne in Lawe Sir Tymothie Thornehill for blacks for him and his servants twenty poundes
Item I give to my sonne in Lawe Mawrice Barrowe Esquire and to my daughter Ponitz his wife for blacks for them and their servants
twentie poundes
Item I give to my daughter Alce for blacks Tenne poundes
Item I give to my daughter Margarett for blacks eight poundes
Item I give to my loving Sister Lady Fanshawe for blacks for herselfe and servants twenty pounds
Item I give to my loving Nephew Sir Arthur Herris, Knight for blacks for him, his lady and servants twenty poundes
Item I give to my loving Nephew Sir Thomas Fanshawe of Jenkins, Knight for like blacks twentie poundes
Item I give to my loving Nephew William Fanshawe Esquier Auditor of the Duchie of Lancaster for like blacks twentie poundes
Item I give to my loving freind Thomas Brett Esquier for Blacks tenn poundes
Item I give to my servant John Cunliffe for blacks eight poundes
Item I give to all my servants, men and maides, vizt. to everie one of ye men servants a mourning Cloake, and to everie of the maid
servants a mourning gowne, not exceeding the price of Fortie shillinges a peece
Item I give to the poore of ye parish of St. Stephen in Coleman Street, London, one hundred poundes to continue as a stock to buy and
provide Coles for them
Item I give to ye poore of the parishe of Bromley in Kent twenty poundes to be disposed of for ye good of ye poore there accordinge as the
parishoners shall think fitt
Item I give to the poore of the parish of Leedes in Kent, sixe poundes
Item I give to the poore of the parish of Broomefeild in Kent, six poundes
Item I give to the poore of the parishe of Thurnham in Kent, Sixe pounds
Item I give to the poore of the towne of Eyshford in Kent, twentie poundes
and my will and desier is, that all such debts and somes of money as I owe, which in lawe or conscience are due to anie person or p[er]sons
whatsoever, be dulie satisfied and paid
Item I give to my deare and welbeloved wife all her jewells and apparrell belonginge to her bodie, and also all the Silverplate which
usually standeth uppon the Cupboord in my chamber at London, which I bought and did ever intend unto her
Item I doe give and bequeath unto my said wife all the guilt plate which she bought unto me, with the iron chest wherein it is usually
locked upp and also the halfe of my Silver vessell, chargers, dishes, silverplates and Sawcers
Item I doe give and bequeath unto my said wife Fowrteene Featherbeds with Furniture remaineing in my howse at London, whereof Sixe to be of
the best sort together with all my linnen, pewter, Brasse and howshold stuffe whatsoever I have remaineing and beinge in my said howse at
London, excepting as followeth (that is to saie),
excepting all the rest of ye beds with their generall furniture in (my) London howse herein not bequeathed unto her; and exceptinge the
plate that came from Ockenden [Essex] w[i]th the Trunck wherein it is locked upp, w[hi]ch I desyer maie be sold for the best advantage and
goe towardes the performance of this my will, and exceptinge all my guilt plate in the hott howse in (my) London howse, and exceptinge all
my apparrell and weareing garments, together wth the Trunckes or chests wherein they are laid upp, which I have otherwise given and appointed
And exceptinge the Persian Carpett that sometime was my brother Sir John Smithes, which I have also otherwise given and appointed,
And exceptinge all the pewter and brasse, that came from either of the howse at Ockenden or Ongar in Essex, and also excepting all the
bedsteades, tables, Cupbords, stooles, and woodden thinges in London howse which I will and appoint shalbe left
and remayne to the same Howse for Sir Tymothy Thornehill after my wives decease, and excepting all my armo[u]r in London Howse with the
dryfatts wherein they are kept
Item I doe give and bequeath unto my said wife my best Coach and Coach horses with their furniture and also the furniture of her own horse
Item I doe will and bequeath unto my said dearly beloved wife, the some of one Thowsand poundes in money, which I will & appoint out of
the First moneyes that shall anie waie belong or be due unto my estate, shalbe paid unto her
Item I doe give and bequeath unto my daughter Margarett the sume of three thousand and Two hundred poundes, whereof two hundred pounds is for the apparrelling of her, and becawse she is but young, my desier to my executors is so dispose(d) thereof, as that in regard of her young yeares there maie be such securitie given for the answeringe and payinge thereof in such manner and forme as to my Executors, with the consent of my wife shalbe thought fitt, when she shall attaine to the age of eighteen yeares, or at ye day of her marriage, which shall first happen; So as she do marrie with the consent of her mother, and of the greatest number of my executors
And if my said daughter Margarett happen to die before her said porcon be paid, my meaneinge is, and I do will and appoint that the said
three thowsand and two hundred poundes shalbe thus devided, that is to saie; One thowsand pounds thereof shalbe to my wife; if she be then
livinge; and two thowsand and two hundred poundes, residue of the said sume of three thowsand and two hundred poundes, shall remaine and
be paieable to the rest of my children and gradchildren in forme followinge, vizt.
One equall part thereof unto my sonne Sir Jno Smyth if he shalbe then liveinge, and if he shalbe dead, then to and amongst such his child or
children as shalbe then livinge; one other equall part thereof unto my daughter Mary, if she shalbe then living, and if she shalbe
dead, then to and amongst such her childe or children begotten by her nowe husband Maurice Barrowe, as shalbe then livinge,
one other equall part thereof unto my daughter Alice if she shalbe then living, and if she shalbe dead, then to and amongst such her childe
or children as shalbe then livinge; and one other equall part thereof to and amongst such of the children of my late daughter, Dame
Elizabeth Thornehill, deceased as shalbe then livinge
And if in case my wife shall not be livinge at the time of such the decease of my daughter Margarett, Then I doe will and appoint the whole
three thowsand and two hundred poundes to remaine and be paieable to and amongst the rest of my children and grandchildren in
such manner and forme, and in all respects, as I have form[er]ly appointed and lymitted the said two thowsand and two hundred pounds to be
paid and devided
Item I give and bequeath unto my said daughter Margarett, all my children’s linnen with what else belongeth to the childe, and the Crimzen velvet Mantle Fringed with two laces of gold and silver
Item I give and bequeath unto my sonne in lawe Sir Tymothy Thornehill the sume of one hundred poundes in money, and my best velvett Cloake
with three broad Sattin laces, and all my bedsteades, tables, Cupbords, stooles and woodden thinges whatsoever in London howse, to have and
to hold the same woodden thinges unto himafter my wives decease, and not before
Item I give unto my godsonne Richard Thornehill, eldest sonne of the said Sir Tymothie one large standinge guilt Cuppe grape fashion
Item I give and bequeath unto my granddaughter Elizabeth Thornehill, daughter of my said sonne in lawe Sir Tymothy Thornehill the
sume of one Thowsand and eight hundred poundes in money to be paid unto her at her age of eighteene yeares or at her daie of marriage,
which shall first happen, she marrying with the consent of most of my executors, and of my ladie Fanshawe
And if the said Elizabeth Thornehill shall die before the said legacie paid, Then I will and
appoint the same to remaine and be to the two younger sonnes of the said Sir Tymothy Thornehill, to witt: Francis and Tymothy, to
be shared and divided between them, part and partlike, and to the Survivor of them,
and if in case the said two younger sonnes shall also dye before the said legacie (paid as aforesaid, Then I will and appoint that the same
shall remayne and be to my godsonne Sir Richard Thornehill, eldest sonne of the said Sir Tymothy Thornehill,
and because of my granddaughter Elizabeth Thornehill is but young, my desier to my executors is so to dispose thereof, as that
in respect of her younge yeares, there maie be such securitie given for the answering and paying thereof, in such manner and forme as to my
La[dy] Fansshawe if she be then livinge, and to all my executors or ye Survivors as of them shalbe thought fitt, when she shall attaine to
the age of Eighteene yeares, or at her daie of marriage first happeninge as aforesaid, or otherwise, for the payinge thereof, to the sonnes
of the said Sir Tymothy Thornehill, as before is lymitted, willed and appointed
Item I doe give an bequeath unto my sonne Sir John Smyth the sume of one hundred poundes in money; and to my well deserving daughter in
lawe his wife, one hundred poundes in money;
And Whereas my said daughter in lawe had before marriage a Joynture of six hundred pounds per annum, I charge my sonne Sir John Smyth, that
he take care, that what shalbe wantinge of Sixe hundred poundes p. annum of his wives joynture (after my decease and his death); that it
maie be supplied and made upp, Six hundred poundes p. annum unto her, My landes being abated in rent sithence? the makeinge of the said Jointure
Item I doe give and bequeath unto my said sonne Sir John Smith, my best gilt Bason and Ewre and all my goodes and furniture of howshold
stuffe whatsoever, and of what sort soever, remaineinge & being in my howse at Leedes Castle in Kent, which I will and appoint shalbe for
his entertainement there, when he shall have occasion to repaier thither
Item I doe give and bequeath unto my said sone Sir John Smyth a Persian Carpett in London howse, sometimes my brothers Sir Jno Smythes,
and all my apparrell and weareing garments whatsoever not before bequeathed, with ye severall Trunckes or chestes
wherein they are laide or locked upp
Item I give and bequeath unto my sayd sonne Sr John Smith my two velvett Footeclothes, whereof one was given unto me by Sir John Scott,
Knight, deceased, and the other I boughte from the’state [the estate] of Sir Henry Baker, Knight and Barronett deceased
Item I give and bequeath unto my sonne in lawe Maurice Barrowe in money the sume of one hundred poundes
Item I give and bequeath unto my loving daughter the Lady Ponitz his wife, in money the summe of one hundred poundes
Item I give and bequeath to her sonne Richard Ponitz my godsonne one standing gilt cupp peare fashion
Item I give and bequeath to my verie loving sister, the lady Fanshawe my greate round guilt bason, and also my guilt salt, steeple fashion
Item I give and bequeath to my sonne in lawe Sir John Thornehill (in respect of ye love I bare to his mother my wife) in money the some of Fiftie poundes to buy him a Dyamond ringe, and all my bedsteads, tables, cupboords, stooles and wooden thinges whatsoever remaineinge and beinge in (my) Bromely howse
Item I give and bequeath to my Nephew Sr Thomas Smith, Knight of ye noble order of the Bath, sonne of my loving brother Sr John Smith,
knighte, deceased in money twentie poundes
Item I give to my Nephew Sr Thomas Fanshawe, Knight, of ye noble order of ye Bath, sonne of Sr Henry Fanshawe, Knight, deceased in
money, Twenty poundes
Item I give to my Nephew Sr John Smith, Knight, sonne of my lovinge brother Sr Thomas Smith in money twentie poundes
Item I give to my Nephew Thomas Smith Esquier sonne of my loving brother Henry Smith Esquier deceased, in money twenty poundes
Item I give to my Nephew Edward Smith, second sonne of my said brother Henry Smith, in money sixe poundes
Item I give to my Neece Alice Mountjoy daughter of my sayd lovinge brother Henry Smith deceased, in money Five pounds
Item I give to my Nephew John Smith, Esquier sonne of my brother Robert Smith, Esquier deceased, in money twenty poundes
Item I give to my Nephew Olyver Butler, Esquier, sonne of William Butler, Esquier deceased, in money Tenn poundes
Item I give to my godsonne Richard Fanshawe, an other sonne of the said Sr Henry Fanshawe, Knight deceased, in money twentie pounds
Item I give to the right Hono[ura]ble the Countesse of Leicester, late wife of my loving brother Sr Thomas Smith, knight deceased,
in money for a peece of plate tenn poundes
Item I give to my loving Kinsman Mr. Smith of Bayden in money six poundes thirteene shillinges and fower pence
Item I give to my Cosen Nich'as Culverwell, Esquire, in money six poundes thirteene shillinges and fower pence
Item I give to my loving kinsman George Rooke of Horton Monachors [Monks Horton?] in the Countie of Kent, Esquier, in money Five poundes
Item I give to my Cosen John Hawtray of Eyshford in Kent in money Five poundes
Item I give to Samuell Hartliffe, my wives kinsman, in money tenn poundes
Item I give and bequeath to Mrs. Joyce Broughton, wife of Mr. John Broughton of Fannchurch Streete, London, Taylor
(over and besides tenn poundes remitted which she ought me), in money tenn poundes
Item I give to Dorothy Diggs of Canterbury, a kinswoman of my first wives in money Five poundes
Item I give to my Cosen Jane Toldervey, wife of Nathaniell Toldervey, late deceased, in money twenty poundes
Item I give to her brother Henry Church of ye citty of London, embroderer in money tenn pounds
Item I give to my loving Freind Arthur Turno'r of ye midle Temple, London, Esquier, in money Five poundes
Item I give and bequeath to my hono[ura]ble freind and worthy good neighbo'r the Lord B'pp [Bishop] of Rochester,
in money for a peece of plate, six poundes, thirteen shillinges and fower pence
Item I give to my good friend Mr. John Davenport, minister of St. Stephens, Coleman Streete in London, in money Tenne poundes
Item I give to Mr. Dodd of Essex formerlie of Minister of the same parishe, in money Five poundes
Item I give to Mr. Wattson heretofore also minister of the same parish in money Five poundes
Item I give to Mr. Dodd sometimes of Hanwell in money Five poundes
Item I give to my loving Friend Thomas Percivall Esquier Phisitian (if he be living at my decease) in money Tenne poundes
Item I give and bequeath to the children of the wydowe of George Rooke, sometyme servant to Sr. John Scott to be disposed of as
my brothers Sr Edward Scott and Mr. Robert Scott (in their discretions shall thinck fitt in money twentie poundes
Item I give to my loving freind Mr. Richard Camden of Rhood Lane, London, in money tenn poundes
Item I give to my loving freind Robert Allen of Berstead in Kent (if he be livinge at my decease) in money Five poundes
Item I give to my loving freind Mr. Humphrey Dyson of London, Scrivenor, in money three poundes
Item I give to my loving Freind Mr. Richard Edwards of London, Appothecary, three poundes
Item I give to (my) Neice Baker that waites on my grandsonne Tymothy Thornehill, in money Fortie shillinges
Item I give to Sarah Wellington daughter of the widowe Goddard (sometime my Servant) in money thirtie shillinges
Item I give to Will'm Browne of Bromley in Kent, in money thirtie shillinges
Item I give and bequeath to John Chattey of Cornewall, who heretofore was my old servant in money Tenn poundes
Item I doe give to Mrs. Anne Claxton now wife of Mr. Taylor, heretofore my wives wayting woman in money Five poundes
Item I give to Martha Batthurst now wife of Symon Kible haveing been an ancient servant with me in money thirty poundes
Item I give to Anne Lullingden haveing also bin an ancient Servant with me in money twenty poundes
Item I doe give and bequeath unto my servant John Cunliffe, the sume of threescore poundes per annum, being an Annuitie to be paid unto
him halfe yeerelie duringe his naturall life, or otherwise, the sume of Five hundred markes in money at his election to be paid unto him
within sixe monethes next after my decease, haveing ever found him a verie trustie and carefull servant in all my affaires
Item to all my servants, men and maides, that shalbe dwellinge with me at the time of my decease, I doe give and Bequeath to everie one of
them a whole yeers wages
Item I give and bequeath unto the late widdow Woodland now wife of William Payne (who sometime was my servant) one annuitie of
Twentie shillinges a yeare duringe her naturall life
Item I give and bequeath to the late widowe Iycmer? now wife of James Groave, one annuitie of Twentie shillinges a yeare during her
naturall life
Item I give and bequeath to Goodwife Poore widowe wife of Robert Poore late deceased, one annuitie of Twentie shillinges a yeare
during her naturall life
Item I give and bequeath to Joane Goddard widowe the washwoman of my house, one annuitie of Twentie shillinges a yeare during
her naturall life
Item I doe give and bequeath unto threescore of the poorest sorte of the inhabitants of the parishe of St. Stephen Coleman Street, London, men and women, the summe of Fifteen pounds, to be equally distributed amongst them, that is to saie, to everie of them, Five shillinges a peece over and above the hundred poundes, by these p[re]sents formerly willed and appointed as a Stock to bri(ng) and provide Coales, for the poore of the said parishe
Item I further will and appoint, That from and after the time of my decease, for the space of three whole monthes then next and immediately
followinge, the howse shalbe kepte after a reasonable and a moderate manner for the expences and charges thereof, To the end that such of
my servants as my wife shall have no need of, nor thinck fitt to entertaine, maie have convenient tyme to dispose of themselves
Item I give and bequeath unto my lovinge daughter Dame Mary Ponitz my two linnen Quilks and the short Persian Carpett that came from
Ockenden in Essex
Item I doe further will and appoint that my executors hereafternamed before the probate of this my will shall enter into Bond, interchangeablie, each to other, not to do anie act of thing whatsoever to the prejudice of my estate, or to the dammage of one another in and about the execution of this my last will and testament And such of my said executors as shall refuse to enter into bond as aforesaid, my meaneinge, and full intention is, and so I doe will and appointe that they neither be reputed as my executors nor intermedle with my estate, nor shall take any benefit by this my last will and testament in anie wise
And Whereas I have by indenture beareinge date the First daie of March Anno dini 1616, Conveyed and assigned over to certaine persons in trust the lease which I hold of the Parsonage of Fayerfeild, and of certaine glebelands and of other thinges in the countie of Kent for divers uses expressed in the same indenture, and amongst others uppon trust that after my death, the said Assignees, or persons trusted, should receive the Rents and p[ro]fitts of the said Parsonage and pr[e]misses, untill they should receive the summe of two thowsand poundes or such somes not exceeding two Thowsand poundes, as I should by my last will and testament, or by any other wrightinge under my hand, declare and appoint, and that the said Assignees should dispose of the same rents ad proffitts not exceedinge two Thowsand poundes, as I should by such my will or wrighteinge appoint
And whereas by ann other Indenture beareinge date the twentith daie of March Anno dini 1620 reciteing the former indenture, and all the
trusts and uses therein expressed, I have lymitted and appointed that, the said assignes and p[er]sons should stand seised and trusted of
and with the said Parsonage and prmisses, to and for such further uses as are expressed and intentioned in the said last recited indenture
as by both the said indentures maie appeare,
Now, my will and minde is, that if my sonne Sir John Smithe shall at the request of my executors or the greatest number of them, become
bound unto my said executors, by obligation in due forme of lawe, to be made sealed and delivered in the some or penaltie of Sixe thowsand
poundes with condition that neither of them my said sonne Sir John Smithe, nor his heores Executors, nor administrators, nor anie of them,
nor anie other person or persons claymeing by from or under him, them or anie of them, shall or will at anie time or times after my decease,
directlie or indirectlie, doe make, committ, omitt consent or Willinglie or wittinglie, suffer to be done, anie act,deed, devise or thing
whatsoever whereby or by meanes whereof all or anie of the uses or trusts in the said two severall indentures or either of them expressed,
lymitted, or declared, shall or maie be avoided, defeated or defrawded or made voyd in anie manner of wise, That then imediately after the
same obligacon shalbe so entered into and sealed as aforesaid; I doe appoint, will and declare, that the assignees named in the said
indentures, shall paie and deliver, the abovementioned summe of Two thowsand poundes, and everie part thereof unto my said Sonne Sr John
Smith and to his executors to and for his and their propper use
But if my said sonne Sr John Smith shall refuse to become bound as aforesaid, Then I will that the said sume of two Thowsand poundes shalbe paid by the said assignees, to the p’sonnes hereundernamed, that is to saie, to my three daughters now livinge the sume of Five hundred poundes a peece; and the other Five hundred poundes to and amongest the children of Dame Elizabeth Thornehill, my late Daughter, deceased
Item Whereas I have, by indenture of Bargaine and sale bearinge Date by the Fifth daie of this instant moneth of October, bargained and sold unto Sr Thomas Fanshawe, Knighte, William Fanshawe and Thomas Brett, Esquiers and John Cunliffe Gent(leman) and their heires, a Capitall messuage called the White Swan, with certeine howses and other thinges, lyinge in the parishe of Saint James at Clerkenwell, in the countie of Midd[lesex], by me heretofore purchased of John Bagglie and Margarett his wife, and Agnes Bagly widowe, which bargaine and sale was so made by me uppon trust and confidence to performe my last will and direction, concerninge the prmisses Now I doe hereby will, direct and appoint, that the said Sr Thomas Fanshawe, William Fanshawe, Thomas Brett and John Cunliffe, shall with all convenient speed after my decease, sell the said messuage, howses and prmisses and that the money which shall arrise by the sale thereof, shalbe disposed of, for and towardes the paiement and satisfaction of the legacies by me bequeathed, by this my last will and testament
Item I give and bequeath unto my welbeloved Sister, the Ladie Fanshawe one greate gilt salt with a Cover, which sometime was my fathers,
over and besides all other legacies, in and by these presents formmerlie given and bequeathed unto her
Item I give and bequeath unto my verie good neighbor and freind Mr. John Stone Councellor at lawe in money Fower poundes
Item I give and bequeath unto my godsonne Richard Percivall, sonne of my loving friend Thomas Percivall Esquier Phisitian, in money
tenn poundes
Item I doe give and bequeath unto the poore of the towne of Ongar in Essex (in respect, that the poore of North Ockendon in the said
countie had tenne poundes at the death of Sr James Ponitz, and the poore of Ongar had then nothing from his estate), the sume of Five
poundes to be imploid for their benefitt and releese, accordinge as the inhabitants of the same towne shall think fitt
Item I doe give and bequeath unto Mr. Graves, minister of the said towne of Ongar in money Fortie shillinges
Item standinge assured of the faith[f]ullnes honestie and intergritie of these persons hereafternamed I doe hereby nominate, ordeine and intreate them, that is to saie, my verie lovinge Nephews Sr Thomas Fanshawe of Jenkins, Knight, William Fanshaw, Esquier Auditor of the Duchy of Lancaster, my good Freind Thomas Brett, Esquier and John Cunliffe my servant to be the executors of this my last will and testament
And I doe give & bequeath to each one of them my said executors, the sume of one hundred markes a peece, for their paines to be taken in and about the execucon of this my will, over and besides the severall legacies & bequests before in these prsents bequeathed unto them, desieringe that out of the good affection w[hi]ch they have alwaies manifested towardes me, they will uppon all occasions, and by all good waies and meanes take care to see this my last will and testament dulie performed
Item I give and bequeath unto my brother in lawe Sr Edward Scott, Knight of the Bath, and to Robert Scott Esquier, his brother to each of
them Fortie shillinges a peece to buy them a Ringe to weare for my sake
Item I give and bequeath unto my Cosen Mary Hall widowe, in money Sixe poundes thirteen shillinges and fower
Item I give and bequeath unto my loving freind Dcor Meadowes of Farmerchurch Streete and to his wife, to each of them Fortie
shillings a peece
Item I give and bequeath to William Richbell of London, Scrivenor in money Fortie shillinges
Item I give and bequeath unto the poore of the towne of Eyshford in Kent, the summe of Tenn poundes in money over and besides the twenty
poundes legacie in and by this my will formerly given unto them
Item Whereas I have before in these prsents Willed and appointed the summe of one hundred and fortie poundes, for the providing and erecting
of a convenient monument for me, to containe the purtraiture of my selfe, my three wives and of our issue, My full mynd and purpose therein
is and so I doe will & appointe That if my said executors shall finde the said sume not to be sufficient to performe the charge thereof, that
they shall add thereunto what they shall thinck fitt in their discretions
Item I doe moreover nominate, ordaine, appointe and intreate my honorable and worthy good freind Sr James Fullerton knight, to be the overseer of this my Last will and testament, desiering him to be aydeinge and assistinge to my executors in anie occasion that maie happen touchinge the performance of this my will And I doe give and bequeath unto him in money as a legacie, for a peece of plate the sume of Fortie poundes, praieinge him to accept thereof
Item Whereas I am possest of a Lease for tearme of yeares which I hold of Kinges Colledg[e] in Camebridge of a messuage with thappurtencs [the appurtenances] now divided scituate in the parishe of St. Andrew in the Wardrobe London, I doe will and appointe that my executors shall sell the same and that as well out of the moneys which shall arise by the sale thereof, as out of the moneys which shall come by the sale of the messuages and howses in Clerkenwell By this my will formerly appointed to be sold, my said executors shall detaine and keep in their handes somuch money as they shall thinck sufficient either to buy out certeyne annuities, w'ch Thomas Hayes Esquier did by his last will (whereof I am sole executor) devise unto divers persons, or els as maie paie and discharge them, as they shall quarterlie growe due & paieable
Item I doe further will, devise and appoint, that all the rest, residue and remainder of my personall estate whatsoever and wheresoever, after my debts, legacies, funerall expences and all other charges which shalbe expended in and about the execution of this my will, and all other expences, which my said executors shall thinck meet so to expend and disburse in anie wise touchinge the orderinge of my estate as well reall as personall allowed and discharged, shalbe thus divided, that is to saie, to my wife one sixth part, to my sonne a sixth part, to my three daughters to everie of them severally a sixth part, and to and amongst the children of my daughter Thornehill another sixth part thereof
And in case my said wife, sonne, my three daughters and my grandchildren or anie of them shall refuse or make question to accept of, or shall not be content with such part of the remainder, as uppon the division thereof shalbe thought fitt, unto my said executors, or the most part of them, to be answered and paid unto them, and that in such convenient tyme as my said executors, or the most part of them shall conceint to be reasonable My minde, and full intention is, and I doe will and appoint, that everie or anie of the p[ar]ties aforesaid so refuseing or questioninge to accept thereof as aforesaid, shall take no benefitt nor have anie part of in or to any part, portion, share or divident, of my said remainder, but shalbe utterlie debarred to claime, challenge, or sue for the same or anie part thereof, forever by these prsents, and their parts shall be and remaine to and amongst all the others that shall make no question, nor refusall thereof, to be shared amongst them part and partlike
And I doe hereby revoke, countermande adnihilate and utterlie make void and frustrate, all former wills, testaments, Codicills, executors
and bequests whatsoever by me at any time heretofore made, named, appointed, given or bequeathed, and my minde, will and meaneige is, and I
doe hereby publishe and declare, that these prsents onely shall stand and be taken for my last will and testament and none other:
Nevertheles savinge and reservinge unto myselfe full power and authoritie to make, add and annexe hereunto one or more Codicill or Codicills
at my freewill and pleasure, any thing whatsoever to the Contrarie thereof in anie wise notwithstandinge
In Witnes whereof I the said Sr Richard Smith the testator, to this my prsent last will and testament, written in thirteene sheetes of
paper, with my name subscribed to everie sheete, have sett my seale, the daie and yeare first above written
Ric : Smyth
This was published and declared by the said Sir Richard Smyth the Testator to be his last will and testament on ye Twelfth daie of October
and in the yeeres above written being first interlined in the Second, third, Fourth, eight, eleventh and 12th sheetes thereof, and not in
anie other p[ar]t thereof in the prsence of us
Jo. Stone; Hum. Dison; Chr. Waad; Ro. Dickens; Tho. Bridges
Probatum fuit: 1st August 1628. Second probate 28 March 1640, executors being deceased, to? George Almery of St Olave ... London, gen.
Notes:
25th July 1628 Sr Richard Smith, Knight of London, buried – St. Mary, Ashford, Kent.
Transcribed by Mrs. Shelagh Mason, 2nd – 6th January 2022
Return to Kent GenealogyWill of Sir Richard Smith