Will of Thomas Toddy

of Thanet St. John, Kent

Secondly I Bequethe unto Thomas Toddy of the churche hill of the same paryshe my Brother(s) sonne, Twenty pounds of good & lawfull Englishe monny to be payde unto him or to his heyers after my decease of my executors withe in two yeares nect followinge (that is to wytt) tenne pounds a yeare yearly unto the said twenty pounds be fully contented and payde
Item I wyll & bequethe unto Edward Toddy sonne of the said Thomas Toddy tenne pounds of leeke monny to be payde unto him of my executors at his full age of twenty yeares

Item I bequethe unto Robert Toddy of Hearne also my brother(s) sonne forty pounds of leeke monny, to be payde unto him or his heyers of my executors withe in fowre yeares after my decease (that is to wytt) tenne pounds a yeare and soe yearly tenne pounds unto suche tyme as the said forty pounds be fully content & payde
Item I bequethe unto the said Robert Toddy tenne ewes,

Item I bequethe unto Clement Hogben of Challock wthin the county aforesaide, Whitesmythe, Tenne pounds of leeke monny, to be payde unto him or his heyers, of my executors withein one whole yeare after my decease at the dystretyon [discretion] of my executors
Item I bequethe to Thomsyne Dane daughter of Thomas Dane of the said paryshe fyve pounds of leeke monny of my executors to be payde after my decease to the saide Thomsyne, either on the day of her maryage or ells at the accomplishinge of her eightene yeare of age, fyrst of bothe that shall fyrst com

Item I bequethe to Thomas Hogben of Margat(e) of the saide paryshe after my decease, tenne pounds of leek monny to be payde unto him or to his heyers of my executors
Item I bequethe to Alyce Hogben, daughter of the saide Thomas Hogben, fyve pounds of leeke monny, to be payde unto her after my decease of my executors
Item I bequethe to Rychard Hogben & Clement Hogben sonnes of the saide Thomas Hogben after my decease to be payde to every of them forty shillings a peece

Item I bequethe to Richard Toddy my brother(s) sonne whoe nowe dwellethe in house withe me fourty pounds of leeke moony to be payde to him of my executors withe in two yeares next after my decease (that is to wytt) twenty pounds a yeare unto Forty pounds be fully contented and payde
Item I will and bequethe to the same Rychard Toddy fyfteene seames of wheate and twenty seames of barly to be delyvered unto him of my executors after my decease, of the same croppe that is nowe growinge, or shall growe hereafter, or that croppe that shalbe there on next sowen comynge, growinge & accreasinge in and uppon my saide Tenement and lands whiche nowe I occupy in northe downe aforesaid (if soe be I departe owt of this present lyffe betwixt the date here of & harvest next ensuinge)

Item I bequethe unto the saide Rychard Toddy thre mylyche kyen [3 milk cows], thirty ewes, a whole carte & harnes necessary thereunto belonginge, a ploughe, fowre harrowes, a courte withe there furnyture and fower horses, whereof I wyll that two of the side fowre horses, or ells ij as good horses shalbe rendered and redelyvered to Samuell Toddy sonne of the aforesaide Robert Toddy at his accomplishinge of one & twenty yeares of age, or then faylinge him at the one and twenty yeares or anny other myne heyers hereafter apoynted then beinge alyve

And if the saide Rychard Toddy chaunce to dye before the saide Samuell Toddy, or any one of my heyers to be apoynted shall accomplishe the saide terme of one & twenty yeares of age, then I wyll that my executors, or there heyers, or the executors of them then beinge alyve shall receave the saide two horses, to the use of the saide Samuell or to the use of anny of my heyers that hereafter ar(e) to be apoynted

Item I bequethe unto the same Rychard Toddy foure score coppes of podware, whereof I wyll fourty coppes shalbe left & delyvered in & upon my saide Tenement (at the?) naturall deathe of the saide Rychard Toddy unto my executors to the use of the said Samuell or to the use of my heyers hereafter apoynted or ells at the accomplishinge of the one & twenty yeare of age of the said Samuell Toddy or at the one & twenty yeares of age of anny other my heyers hereafter apoynted

Item I bequethe to every one of them wch can be proved my godchildren xijd a peece, to be payde unto them and every of them Imedyatly after my decease
Item I bequethe unto Thomas Dostell my godsonne & sarvant Forty shillings of leek monny
Item I bequethe to Rychard Cottyne my sarvant twenty shillings of leeke monny
Item I bequethe to Margery Tomlyne my sarvant tenne shillings of leeke monny
Item I bequethe to Jane Englebie my sarvant tenne shillings of leeke monny
Item I bequethe to Roger Tysdale my sarvant tenne shillings of leeke monny
All whiche Somes I will to be payde after my decease

Item I wyll that my executors shall pay unto Alyce Spracklinge nowe my sarvant at her full age of twenty yeares Tenne pounds of lawfull Englishe monny, whiche I was geven her by the last wyll and testament of her late grandame and all her other her saide grandames bequests comprysed in her saide grandames will as may more amply and lardgely there in apeere [appear]

Item I bequethe towards the Reparacyons of the said paryshe churche of St. John the Baptist after my decease forty shillings of leeke monny
Item I bequethe unto the poore schollers of Magdalen college of the Unyversytie of Chamerdige [Cambridge] twenty shillings of leeke monny, to be payde unto the master or depute of the saide colledge, or to there assigne or assignes, at one whole payment if soe be it be requyred withe in one yeare after my decease
Item I bequethe unto twenty maydens maryages of the saide paryshe of St. John the Baptyst, twenty nobles (that is to wytt) to eche one of them a noble

Item I bequethe to the poore people of the same paryshe of St. John the Baptyste thirty pounds of good & lawfull Englishe monny, to be bestowed unto thonly use of the saide poore people of the paryshe aforesaid in manner & forme as hereafter followethe (that is to wytt) that my executors or executor, all or one of them, or there heyers or the executors of them then beinge alyve, by and withe the assent & consent of the churche wardens, and the cheiff honest men of the saide paryshe of St. John the Baptyste, shall whoesone they may or can purchase & bey wth the said thirty pounds soe muche lands as they may or can purchase & bey wth the saide thirty pounds, and as chepe as possyble is withe in fowre yeares at the moste & not above after my decease,
And the same lands soe purchased and bought of them or anny one of them by the consent of the churche wardens, and cheiff honest men of the said paryshe of St. John, to be farmed and lett out for rent to the most value they can, and the same rent yearly for ever more to be dystrybuted de[a]lt & geven unto the most poore & needy of the said paryshe of St. John the Baptyst, and noe whence ells, at ij usuall termes in the yeare, neamley at the feast of thannuncyacon of o[u]r blessed lady St. Mary the Vyrgyne, and at the feaste of St. Mychaell tharchangle [the Archangel] by even portyons
And that by the hands of the churche wardens of the same paryshe then for there tyme apoynted or wthin thre(e) monthes next ensuinge anny the saide feasts, or so[o]ner at the dyscretyon of the same churche wardens & cheiff honest men of the same paryshe then beinge alyve And if the saide thirty pounds channce to remayne in my executors hands unto the ende of the last yeare of fowre yeares aforesaid And in case in that space they can not competently fynde soe muche lande to be purchased, Then I will that my Executors shall for the summe? of the saide thirty pounds, pay yearly for that tyme remayninge in there hands, fowre nobles a yeare to the churche wardens of the same paryshe apoynted then for the tyme to the use of the aforesaid poore people of the same paryshe, And that at the feasts and termes aforesaid for the same purpose p[ro]vyded
And if my executors shall detayne, withe houlde & keepe the saide thirty pounds over & above the space of foure yeares next ensuinge my deathe, Then I wyll that the churche wardens of the saide paryshe of St. John the Baptyste shall of my executors receave the said thirty pounds, and ymploy the same ymedyatly unto the said use of the poore & needy people aforesaide and in suche forme & manner as my executors or executor shoulde have done, and in suche wyse as before unto them of me is prescrybed

Item I will that the longe table & frame, the long settle & longe forme shall remayne & contynue still in the haule where nowe they stande, to & for the use of my heyers
Item I wyll that the yoined bedstedle, the truckle bedstedle under the same yoined bedstedle, & cubbord in the parlor wthin the haule shall remayne & abyde in the same parlor still to the use of my heyers
Item I also wyll that the yoined bedstedle & truckle bedstedle under the same, and the greate chist ar(e) nowe in the chamber over the haule shall remayne and abyde in the same chamberto the use of my heyers at his or there accomplishinge of one & twenty yeares of age Also I will that the brasse in the fornace [furnace] of the kitchin shall styll there remayne to the saide use of my heyers,

The resydue of all my goodes, Cattall and detts, after my detts payde, my funerall expenses p[er]formed and those my legacyes conteyned in this my present testame[n]t fulfylled, I wholly geve and bequethe to my executors hereafter to be named and apoynted equally to be devyded amongest them

And of this my present testament I make & ordeyne the saide Thomas Hogben, John Blofelde of the same paryshe, and Thomas Dane aforesaid yeomen my executors
And of the executyon of the same I make & ordeyne Henry Pettyt thelder, gent(leman) his heyers or assignes oversear or oversears of the same And for his or there paynes herein taken I wyll that he shall have forty shillings

And I utterly revoke & adnull all and every other former testaments, wylles, legacyes, bequests, executors & oversear by me in anny wyse before this tyme made, named, wyled & bequethed These persons wytnessinge the same
Wyllyam Lesley, mynyster; Rychard Mantle & Rychard Kerby all of the same paryshe and other men?

This ys the laste wyll of me the saide Thomas Toddy (all former wylls revoked, adnulled & denyed) made the day, yeare and place fyrst above mencyoned of and uppon all my lands and Tenements, sett, lyeinge & beinge withe in the paryshes of St. John the Baptyst and St. Peter thappostle [the apostle] withe in the yle of Thanett in the county of Kent aforesaid

Fyrste I will that Rychard Toddy aforesaid my brothers sonne, whoe nowe inhouse dwellethe withe me shall have at the feast of St. Mychaell tharchangle next after my decease min occupyenge all & synguler my Tenemnts & Lands withe in the saide paryshes, and whiche nowe presently I occupy or cause to be occupyed (except one Tenement withe thappurtenncs [the appurtenances] and one acre of earable [arable] lande lyenge & beinge at churchehill of the saide paryshe of St. John whiche I late purchased of Thomas Beeke of West northe downe, and tenne acres of earable lande whiche leeke wyse I purchased of Rychard Mantle, beere bruer [brewer] of the same paryshe of St. John the Baptyste) sett lyenge & beinge in the said paryshes of St. John & St. Peter aforesaid, durynge & contyninge the nonage and mynorytie of Samuell Toddy, sonne naturall of Robert Toddy of Hearne my brothers sonne aforesaid and untill suche tyme as the said Samuell Toddy shall accomplishe the age of twenty & one yeares
Yeldynge and payenge therefore yearly unto myne executors or to the heyers or executors of them, and for the only use of the same Samuell Toddy, or to the use of anny other heyers, as hereafter shalbe specyfyed, fyftene pounds of good & lawfull monny of England at one whole & entyre at & uppon the day and feaste of St. Androwe the apostle, beinge one whole yeare after the feaste of the annuncyacon of or blessed lady the virgyn Mary next ensueinge after my decease

And if the said yearely rent or farme of fyftene pounds channce to be behynde & unpayde in parte or in all by the space of fyfteene dayes after the said feaste of St. Androwe thappostle or after anny other the same feast or feasts on whiche it ought to be payde durynge the noneage of the said Samuell Toddy or durynge the noneage of anny other my heyers that ar(e) hereafter apoynted; Then it shalbe lawfull to my executors there heyers or executors of them to enter & dystreyne in & uppon the said Tenemts. and lands or in or uppon anny parte or parcell thereof, and the dystresse there soe taken to carry, beare, dryve or leade away, & the same to deteyne, with houlde & keepe Irreplygyable [irreplegible] untill suche tyme as the said yearly rent or farme, and every parcell thereof wth the costs, charges & damagyes, if there then shalbe anny, be fully conteted & payde

Item I wyll that the said Rychard Toddy or the farmer or farmers of my said lands and Tenement shal have all & synguler my tymber, brycks and tyles nowe lyenge & beinge wthin & about my place & Tenement of East northedowne where in nowe I dwell, to the only use o the necessary reparacyons of the same my saide place & Tenement, and now where ells, and the remnante or overplus of the saide Tymber, bryck & tyles not bestowed nor occupyed uppon & about the saide reparacyons I will to remayne unto myne heyers then for the tyme apoynted hereafter

Item I wyll that the saide Rychard Toddy shall keep & maynteyne or cause to be kept & maynteyned all & synguler Reparacyons about and uppon all & synguler my edefyces buyldings, housyes, dove housyes, stables, barnes, walles, howse growinge treis hedges rowes & all other what soe ever he nowe fyndethe repayred durynge the aforesaid terme of the noneage of the said Samuell Toddy or durynge the noneage of anny other my heyers hereafter apoynted and soe att the one & twenty yeare of age of the saide Samuell Toddy or anny other then myne heyer to leave them then in good & suffycyent reparacyons at the proper costs & charges of the said Rychard Toddy or at the costs and charges of the farmer or farmers of the same Rychard Toddy or anny farmer of farmers that shall suffer the said Reparacyons, or anny parte of them to decay and com to myne

And if the said Rychard Toddy of anny farmer or farmers thereof doe not well and suffycyently keepe all & synguler the Reparacyons aforesaid then I wyll that my executors, the heyers or executors of them shall enter in & uppon the said lands & Tenements and to dystreyne and the distresse there soe taken to deteyne & keepe in as ample forme and manner, and leeke wyse [likewise] as they soe soe the none payment of the said Rent or farme of fyftene pounds might, or by this my wyll may doe, untill suche tyme as the reparcyons soe decayed and in ruyne be agayne wwll & suffycyently rebuylded, reedyfed, maynteyned & repayred

Item I wyll that the said Rychard Toddy shall pay or cause to be payde over and above the said fyftene pounds of rent or farme out of my saide Tenement & lands, the fee & fees due unto the lorde of lords of the same, at suche tyme & tymes as heretofore of right & custome it hathe bene payde

Item I wyll that if the saide Rychard Toddy departe out of this present lyffe before that the said Samuell Toddy shall have anny sonne or sonnes of his body lawfully begotten, that the saide sonne or sonnes of the said Robert Toddy of Hearne Allwayes provyded that thelder of the said Robert Toddy of Hearne of his said sonnes shall at his or there accomplishinge of one & twenty yeares of age have my saide Tenement & landes with there appurtennces, to the leeke use of his saide sonne or sonnes as Samuell Toddy sonne of the saide Robert Toddy should at any tyme have had it before him or them
And if the said Robert Toddy after the decease of the said Samuell Toddy shall have not heyers males of his body lawfully begotten to enherytt [inherit] my saide Tenement & lands, or that the heyers male of the saide Robert Toddy lawfully begotten channce to dye before he accomplishe the age of one and twenty yeares, or that he or they dye afore he or they have heyers males of there bodyes lawfully begotten, Then & in that case I will that the heyers male of Thomas Toddy of Churchehill of the paryshe of St. John the Baptyst afore saide my brother(s) sonne of his body lawfully begotten shall at the one & twenty yeares of his age, have my said Tenement & lands To his or there use, & for the use aforesaid of heyers males of his or there body or bodyes lawfully begotten

And faylinge of heyers male of the said Thomas Toddy of Churchehill aforesaid, or that the heyers male of the said Thomas Toddy dye withe out heyres male of his or there bodyes lawfullye begotten, Then I wyll that the heyers male of Rychard Toddy of his body lawfully begotten (if he hathe or then shall have any) shall have leeke wyse as is aforesaid, and in leeke manner as Samuell Toddy shoulde have had if he had lyved, all my saide Tenement & lands to the use of the said heyer or heyers male or males, and to the heyers males of the heyers males of the said Rychard Toddy of his or there bodyes lawfully begotten for ever

Provyded all wayes that if the said Robert Toddy, Thomas Toddy & Rychard Toddy, my brother(s) sonnes depart out of this present worlde and leavinge noe heyers males of the bodyes lawfully begotten, nether yet heyers male of the bodyes of the heyers male of there body lawfully begotten, Then and in that case I will that after the decease of the said Robert Toddy, Thomas Toddy & Rychard Toddy, and after the decease of the heyers males of there bodyes lawfully begotten, and after the decease of the heyers male of there said heyers male lawfully begotten Soe that there remayne noe wayes anny heyer male of there said bodyes lawfully begotten, that my executors or executor then soe lyvinge, or the heyers or executors of them, shall sell my said Tenement & lands wth there appurtenncs to the uttermost value he or they can or may by and withe the assent & consent of my sup[er]visor or his heyers & churche wardens of the same paryshe of St. John the Baptyste then for tyme (being)
And I wyll that the monny that comethe & growethe there of my said executors or executor there heyers or executors of them then for the tyme beinge alyve, shall pay or cause to be payde unto every daughter of the of the said Robert Toddy, Thomas Toddy & Rychard Toddy my brother(s) sonnes then beinge alyve fyftye pounds of good & lawfull Englishe monny to be payde of my saide executor or executors there heyers or the executors of them ymedyatly after the saide sale of my saide landes and Tenement, Anny thinge in this my last will & testament not withe standyinge

And more over I wyll and bequethe that the overplus & moytie of the said Som or Somes of monny taken & receaved of my saide executors or executor there heyres or the executors of them in pryce & payment for the saide sale of my saide Tenement & lands shall equally be devyded in foure equall parts (that is to wytt),
the fyrst and one equall parte of the saide overplus I wyll to be geven to the paryshe churche of St. John the Baptyst aforesaid, and of the churche wardens then for the tyme being alyve, and wth the assent and consent of the honest men of the same paryshe of St. John the Baptyste, to be bestowed of them to the most proffytt they or he can or may, And that only for the mayntenannce of the stock of the same churche soe remayninge in the hands of the saide churche wardens
And the seconde equall parte I wyll to be geven towards the uphouldynge & mayntennce of the peere [pier] of Margate in the sayde paryshe
And the thirde equall parte of the same I wyll to be dystrybuted and geven to the poore people of the same paryshe and only to be ymployed unto the use of the saide poore, as the churche wardens & hionest men of the same paryshe then at that tyme apoynted shall thincke most meete & expedyent
And the last & fowrthe parte of the saide overplus ther(e) reamyninge I wyll to be equally devyded & parted betwene my executors, there heyers or executors of them then beinge for the tyme, to there owne proper comodytie & gayne

Item I wyll & bequethe to Thomas Toddy my brothers sonne of Churchehill of the saide parryshe of St. John the Baptystse, and to Margery nowe his wyffe, and to the heyers male of there bodyes lawfully begotten, that messuage or Tenement & one acre of lande, sett, lyenge & beinge att the said Churchehill of St. John the Baptyste aforesaide, wch messuage or Tenement, and one acre of lande, I purchysed late of Thomas Beeke of West Northedowne
And tenne acres of earable lande wth the appurtenncs whiche of late I purchased of Rychard Mantle of Margate of the saide paryshe of St. John, Beere bruer, sett, lyenge & beinge nighe unto the said Churchehill wthin the saide paryshe of St. John the Baptysts,
And if the same Thomas Toddy my brother(s) sonne dye and leave not heyers males of his body lawfully begotten, or if that the heyers male of his body lawfully begotten shall dye afore he accomplishe the age of one & twenty yeares; Then I wyll that the saide Margery, wyff of the saide Thomas Toddy, my brother(s) sonne shall have the saide Tenement or messuage, and eleven acres of lande earable durying her naturall lyffe tyme,
And for want of heyers male I wyll that the saide Tenement and eleven acres of earable lande, after the decease of the said Margery, shall retorne [return] and com agayne to the use of my saide heyer or heyers then beinge alyve and to be annexed unto my said Tenement & lands of East Northedowne for ever more, and to the use aforesaid

Item I wyll that if anny parte or parcell of the morguage lands wherein at this present I am nowe enfeoffed chaunce hereafter to be forfayted for none payment of suche Som or Somes as they be morgauged for, namely the lands of Thomas Tylman, the lands of Allexander Norwood, the lands of Wyllyam Vyolett & the Tenement of Rychard Mantle, whiche lands & Tenement after forfeyeture made (or any parte or parcel thereof) I wyll shall remayne & be had to my executors & there heyers and to the use of them & there heyers for ever, Any thinge in this my last wyll & testament to the contrary now wth standinge

And also my wyll, mynde & intent is that the said Thomas Hogbene my executor shall have the kepynge, governaunce & bryinginge upp & settynge forthe of the said Samuell Toddy or anny other the other heyers or heyer And in suche sorte as is aforesaid And faylinge the said Thomas Hogbene Then I wyll that John Blofelde my executor shall have the leeke goverment of my saide heyer or heyers And faylinge the saide John Blofelde, I wyll that Henry Pettytt gent shall have the goverment & settynge forthe of the said Samuell Toddy, or anny other my heyers before apoynted durynge his or there noneage of agyes, accordinge to the true meanyinge of this my last wyll & testament and noe other wyse

Provyded all wayes that if the words or sentences comprysed & espressed in this my last wyll & testament be not suffycyent, nor accordinge unto lawe; Then I wyll that thos(e) words or sentences be altered and changed accordinge unto my meanynge by learned counsayle [counsel] as shalbe able to establishe the same for ever

Wytnesses at the makynge and fynyshinge hereof
Wyllam Lesley; Rychard Mantle and Rychard Kyrby with other men

Probatum fuit: 12th March 1566/67

Notes:
Thomas Toddy of East Northdowne was buryed the 25 February 1566/67
Wife Margery pre-deceased him and was buried at Margate on 15th December 1564.
Nephew Rychard Toddy is buried at St. John, Margate, 17 Jan 1587/88.

Transcribed by Shelagh Mason 9th October 2022

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