Will of Thomas Sutton

of Sholden, Kent

Item I give and bequeath unto my two daughters Elizabeth and Susan the sum[m]e of fortie pounds apeece of lawfull money of England to be paid into them att their severall ages of eighteen years or day of marriage w[hi]ch shall first happen
and if either of my said daughters shall happen to dy and depart this life before the time that by this my will they are to receive theire sev[er]all legacies aforesaid then my will and in(tent?) is and I doe by heereby will and give that the legacy of her soe dying shall be paid unto the survivor of them att her age aforesaid or day of marriage w[hi]ch shall first happen
and if in case both my said daughters to dye and depart this life before they are by this my will to receive their legacies afores[ai]d then I doe will the fower score pounds aforesaid soe given unto them unto John Sutton my sonne to be paid unto him att his age of one & twenty yeares and not before.

Item all the residue of my goods and chattells whatsoever not before bequeathed and given I doe heereby give and bequeath unto Francis my wellbeloved wife onely out of the same I desire that shee would give and pay unto either of my brothers Christofer and Will[ia]m Sutton the sum[m]e of five shillings apeece and unto my brother John Sutton the sum[m]e of ten shillings.

Item I further give and bequeath unto the said Francis my wife the sum[m]e of tenn pounds a yeare during the life of Anne Sutton my mother if she the said Francis shall soe long live and from and after the decease of my said mother I doe give and bequeath unto the said Francis my wife the sum[m]e of twelve pounds a yeare for and during the terme of her naturall life but noe longer
both w[hi]ch sev[er]all sum[m]es of tenn pounds a yeare and two other pounds a yeare I doe will shall be payable unto her and her assignes out of all my messuages lands and tenementes whatsoever att the fowermost usuall feast daies in the yeare that is to say the feast of St John Baptist com[m]only called Middsomer day the feast of St Michael tharchangell com[m]only called Mich[aelm]as day the feast of the birth of our lord Christ com[m]only called Christmas day and the feast of thannunciaton of our blesssed Lady the virgin Mary com[m]only called our Lady day by even and equall portons quarterly to be paide

And if the same or any part thereof shall be behind or unpaid after any the dayes of payment afores[ai]d in w[hi]ch the same ought to be paid by the space of twenty daies that then and att all times after it shall be lawfull to and for the said Francis or her ass[i]g[n]s to enter into or upon the messuages lands & premises aforesaid and to distreine for the same when and soe often as the same shall be behinde and unpaid as aforesaid

Item I doe further will and desire that the ten pounds a yeare payable out of my lands and tenem[en]ts aforesaid to my mother by way of lease may be duely paid unto her and th[a]t shee may have and enioy for dwelling in the parlour of my house wherein I nowe ly shee bringing nor permitting none other person whatsoever to live or inhabit in the same unlesse some servant maide to attend her and shee permitting such other persons as shall inhabit in thother part of my house to lye and be in the same during the time of sicknes or suchlike necessitous time of use thereof and they then permitting her to be and reside during during that time in theother part of the house

And I allso will and desire that my said mother for her owne use may have the use of the butteries adioyning to the parlour aforesaid and of the oven in the kitchen and free passage to and from the roomes and places aforesaid w[hi]ch heereby is desired shee may have the use of
and I allso will and desire that my said mother yearely during her life but noe longer may have one hundred willow faggotts given unto her such as grows on my lands aforesaid towards her owne owne proper burning as also the benefitt of the seaven fruit trees in my orchard growing next the backe doore
provided allwayes my mind is and I earnestly desire that my mother will not by any meanes whatsoever nor by the procurement of any person whatsoever seeke or endeavour to bring any trouble or disturbance to my executo[...] heere after named or either of them but that shee will accept & take what by this my will I have desired shee shall enioy w[i]th content

but if in case shee or any of my brothers shall goe about or indeavour to make or procure {as I hope they will not} any trouble whatsoever to my executo[rs] or either of them then I doe will that hee shee or they endeavouring any such thing shall have noe benefitt of this my will

Item during the minority of my said sonne John I doe nominate constitute ordaine the and appoynt the said Francis my well beloved wife to be the sole executrix of this my will and after my said sonne shall attaine his age of seaventeen yeares or be capable to take an executorship upon him then I doe make the said Francis my wife and John my sonne ioynt executo[rs] of this my will

item I doe further give will and bequeath unto the said John Sutton my sonne the messuage or tenement wherein I dwell in Sholden afores[ai]d and all the housing and lands to the same belonging or apperteyning and all other my messuages lands tenements and hereditaments whatsoever to him and to his heires and ass[i]g[n]s for ever and I doe heereby make appoynt and make my father in lawe John May and my brother Richard Petitt ov[er]seers of this my will intreating them & either of them to be ayding and assisting to my said wife in the execution of this my will and I desire likewise desire her to followe the directons & councell of them therein

In witnes whereof I have to the two first sheetes heereof subscribed my name and to the last sheete heereof my hand and seale the nineteenth day of Aprill in the yeare of our Lord God one thousand six hundred forty and nine.

Thomas Sutton Sealed subscribed published and declared by the aforesaid Thomas Sutton after the enterlyning of the line betweene the two first lines of this sheete in the p[re]sence of
John Marsh his marke Margaret Lane her marke James Thurbarne

Probatum fuit hui[usmo]di suprascript[um] Test[ament]um Thomas Sutton def(unct)i quarto die men[si]s decemb[e]r Anno D[omi]ni 1663
coram m[agist]ro Willi[el]mo Lovelace cl[er]ico subto vene[rabi]lis viri Will[iel]mi Stede ll(egum?) d[o]c[t]or[is] R[everen]di viri D[omi]ni Archi[diaco]ni Cant[uariensis] Offi[cia]lis l[egi]time deputat[i] iura[me]nto Elizabetha Sutton Rel[ic]ta ... def(unct)i ac v...ius? et cum in eod[em] test[ament]o ... Ac inde approbat[um] et insinuat ... executo[r]is ... comiss fuit ... ... ad [san]cta ssca dei Evangelia iurat[o] Salvo jure cuiuscumq[ue] intere[ss]e haben[tis] necnon res[erva]ta p[otes]tate consile onus/ comi ttend alteri executor[i] et cum venerit ...

Notes Thomas had daughters Elizabeth and Susan, both under 18 and a son John under 17. His wife Frances, daughter of John MAY, was appointed executrix. Thomas had brothers Christopher, William and John SUTTON and he also refers to Richard PETITT as his brother, presumably a brother-in-law. His mother Anne SUTTON was alive in 1649.

The witness James THURBARNE may be the English politician of this name (1607�1688), who sat in the House of Commons at various times between 1656 and 1679.
Thurbarne was the second son of James Thurbarne lawyer of New Romney, Kent and his wife Mary Estcourt, daughter of Giles Estcourt of Salisbury, Wiltshire. He was a lawyer and became Jurat for Sandwich by 1642. He also became town clerk in 1642.(wikipedia)

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