Weller Will 1652

Will of Thomas Weller

of Cranbrook, Kent


Source: Prerogative Court of Canterbury PROB 11/224
Submitted by Jeff Woodhams
In the name of God Amen the thirteenth day of July in the yeare of our Lord god One thousand sixe hundred Fiftye and two
I Thomas Weller of Cranbrooke in the County of Kent Yeoman, beinge of sound and perfecte memorie doe make ordaine and declare this my Last will and Testament in manner and Forme Followeinge, First I give and bequeath my Soule to god my Creator my bodie I will to be buried in the earth,

Item I will & devise to the poore people of Cranbrooke aforesaid the Summe of Forty shillings to be paid unto them at the discretion of my Executrix hereafter named within Sixe monthes next after my Decease

And whereas I lately purchased of Sir Walter Roberts Peter Courthopp Esquire and others or of or from some or one of them the Mannor of Cheyne als Cheyne Courte als the Manor of old Cheyne and Diverse Landes and Tenements lyinge and beinge in Medley, Ivei Church and Brooke Land in the said County of Kent of which said Mannor Tenements and premisses were granted or Conveyed by virtue of Certaine Leases grants or Assignes thereof made for Divers yeares unto John Rabson and Richard Rabson of Cranbrooke Aforesaid And unto Thomas Weller of Tunbridge Richard Weller of Salehurst John Baseden of Cranbrooke Aforesaid in Trust for mee the said Thomas Weller, And to be disposed of as I shall directe or appointe

Now I the said Thomas Weller doe hereby will Devise and mention Expresse and declare that my will and mind is that my Cozen Stephen Osborne sonne of Alexander Osborne Butcher deceased shall have and receive out of the said Mannor Landes and Tenements the yearely Rente or Summe of Sixeteene pounds dureinge the terme of his naturall life,
And in case the said Stephen Osborne shall dye and leave heires of his bodie lawfully begotten my will and minde is that the said heires of the said Stephen Osborne shall have payd unto them out of the s[ai]d Mannor Landes and premisses to be equally divided betweene them the summe of Two hundred pounds,

Item I doe further will devise and appointe that my Cozen Jane Springett the wife of [blank] Springett Daughter of the said Allexander Osborne deceased shall have and receive out of the said Mannor Landes and Tenements the yearly Rente or Summe of Tenne pounds a yeare dureinge the terme of her naturall life,
And in case shee the said Jane doe dye Leaveinge heires of her bodie lawfully begotten, My will and mind is that the said heires of her bodie begotten shall have payd unto them out of the said Mannor Landes and premisses to be equally devided betweene them the summe of One hundred pounds,

Item I doe further will devise and appointe that my Cozine William Osborne shall have and receive out of the said Mannor Landes and Tenements the yearly Rente or Summe of Tenne pounds a yeare dureinge his naturall life,
And in case the said William doe dye and leave heires of his bodie lawfully begotten, then my will and mind is that the heires of the said William his bodie lawfully begotten shall have payd unto them out of the said Mannor Landes and premisses to be equally divided betweene them the summe of One hundred pounds,

Item I doe further will and devise and appointe that my Cozen Alexander Osborne the younger Sonne of the said Alexander Osbourne deceased shall have and receive out of the said Mannor Landes and Tenements the yearly Rente or Summe of Tenne poundes a yeare dureinge the terme of his naturall life,
And if the said Alexander shall dye and departe this life leaveinge heires of his bodie lawfully begotten Then my will and mind is that the said heires of the said Alexander his bodie begotten as Aforesaid, shall have paid unto them out of the said Mannor Landes and premisses to be equally divided betweene them the summe of One hundred pounds,

Item I doe further will and devise and appointe That my Cozin Thomas Osborne shall have and receive out of the said Mannor Landes and Tenements the yearely Rente or Summe of Tenne poundes a yeare dureinge the terme of his naturall life,
And if the said Thomas Osborne shall dye and departe this life leaveinge heires of his bodie lawfully begotten then my will and mind is that the said heires of the said Thomas Osborne lawfully begotten as aforesayd, shall have payd unto them out of the Mannor Landes and Premisses to be equally divided betweene them the summe of One hundred Pounds,

And my will & mind is that my Cosin Richard Weller of Salehurst and that my Cozen John Baseden of Cranbrooke Shall receive and take, And I doe by this my last will and Testament authorize and appointe them to receive and take the aforesaid the sev[er]all Rents or Summes of money yearely as Aforesaid, And the same to pay unto the sev[er]all persons to whom before in this my Last will and Testament I have given them,
And if it shall happen if any of the above yearely Summes above mentioned shall be behind and unpayd to any of the persons aforesayd to whom the same ought to be payd, Then my will and meaneinge is, That the said Richard Weller and John Baseden shall upon the reasonable request and onely Costs and Charges of such person and persons as to whom the said yearely Summes or any of them shall be due and unpaid as Aforesaid give and make as much as in them lyeth full power and Authority to all and everie such person and persons for the Recoverie of the Said Summe or Summes of money behind and unpayd as Aforesaid

Item I give will and bequeath unto Thomas Poyle sometymes my servant, the Summe of Forty shillings a yeare, to be paid unto him every yeare Dureinge the terme of his naturall life out of and by the Rents and profitts of my Landes which I purchased of Alexander Weller in Woodchurch and Kenarton , when and if the said Thomas doth live and Continue out of service, and he not to have or receive any parte thereof, when or for that tyme he remaineth in Service

Item I give will and devise unto my Cozen Thomas Thurstone all my Landes and Tenements in Woodchurch and Kenarton als Kenardington aforesaid To have and to holde unto my said Cozine Thomas Thurstone and to the heires of his bodie beinge lawfully begotten for ever, And in default of such yssue to remaine to the next heires of the parte of his mother for ever

Item I give and devise unto my sayd Cozin Thomas Thurstone my Messuage and Tenement with the appurtenances Sittuate in Faversham in the Said County of Kent in the Church Land there to have and to holde unto the said Thomas Thurstone and to his heires of his bodie lawfully to be begotten, And for defaulte of such yssue to remaine to my said Cosine Stephen Osborne and to his heires for ever,

And I desire that they the said John Baseden and Richard Weller shall and will take up and receive all Such Rentes and Summes of money and legacies as shall grow due, or ought to be payd to my said Cozen Thomas Thurstone until the said Thomas shall attaine to the age of one and twenty yeares,

And I doe Further will and appointe and desire that my said loveinge Freinds John Baseden of Cranbrooke and Richard Weller of Salehurst will give up to my said Freindes John Rabson and Richard Rabson A Full and true Accompte of all such money as shall be by them or either of them received as aforesaid And for what moneyes uppon such shall be remaininge in their hands their reasonable charges and expences beinge deducted and allowed them, I desire they will give Securitye to pay the same to my said Cozin Thomas Thurstone together with intrest for the same after the rate of Foure powndes for the hundred powndes for a yeare, When he the said Thomas Thurstone shall attaine to his said age of one and Twenty yeares,

provided all wayes and my will and meaneinge is, And I doe hereby expresse and declare and appointe that the said John Rabson, Richard Rabson, Thomas Weller, Richard Weller and John Baseden their Executors and Administrators shall holde and detaine in their hands the State and title of the said Mannor Lands and Tenements in Medley Ivijchurch and Brooke Land according to the trust in them reposed untill all and every the Summes of money by this my present will given limitted or appoynted to be paid out of the Same Tenements Shall be all Satisfyed and paid,
And Whatsoever Rentes yssues or proffitts shall growe due or be received for the same Manor Landes and premisses over and more than is and are appointed to be payd out of the same by this my present Will as abovesaid then I will that all the Same overplus shall be had taken and receaved by my Cosin Thomas Blist of Maidstone To whom I give and devise the Same overplus,

And when all the said several Summes of money and yearly Rentes above mencioned appointed to be paid out of the Same mannor Landes and Tenements be soe truely payd as Aforesaid, accordinge to the true intente and meaneinge of this my said will, my minde and desire is, And I will give and devise all the said Mannor Lands and Tenements in Medley Ivy Church and Brooke Land abovesaid with the appurtenances, And all my estate right title use and demand thereunto, And the severall Leases and grants thereof made to my sayd Cosine Thomas Blist and his Executors and Administrators and Assignes for ever,

And I do appointe and desire that the said John Rabson, Thomas Weller, and Richard Weller and John Baseden and theire Executors and Administrators shall and will at the reasonable request and Costs and Charges of the said Thomas Blist his Executors Administrators and Assignes, graunte and convey all the said premisses to him the said Thomas Blist or to his Executors Administrators or Assignes, or to such person or persons as he Shall in that behalfe nominate and appointe

Item I will devise and bequeath unto my Loveinge wife Agnes (whom I doe Constitute and appointe by this my Will my Sole Executrix) and to her heires and Assignes for ever, for and in leiue recompence and full Satisfaction of all such Dower right title and all claime and demande whatsoever of for and concerninge her Dower which Shee my Said Wife shall or may have Challenge or demande out of in or to all and every the Landes and tenements whereof or wherein I the said Thomas Weller nowe or at any tyme heretofore or hereafter, are, have been, or shall be Seised or Possessed of, all that my Messuages and Tenements with the appurtenances lyeinge Together in Cranbrooke beinge nowe devided into Two Dwellings in one of which I my selfe doe now inhabitt All the rest of my goodes Cattelle and Chattells my Debts and legacies being payd and my funerall expences Discharged I give and bequeath unto Agnes my said wife

Provided Further and neverthelesse my will mind and true meaninge is that my Said Loveinge wife shall have receave and take the Rents yssues and proffitts that shall arise or growe due out of the aforesd Mannor Landes and premisses Sittuate in Medley Ivy Church and Brooke Land aforesaid And all other Rents yssues and profitts that shall arise or growe out of all other my Landes or Tenements by the space of one yeare to paye and discharge my debts,

Item I will and bequeath unto my Cozen Isaack Walter and to his wife Twenty shillings a peece,
Item I give and bequeath unto my Cozin John Weller and to his wife Twenty shillings a peice,
Item I give and bequeath unto Stephen Weller and Thomas Weller, Katherin Weller and Sarah Weller (Sonnes and daughters of the aforesaid John Weller) the severall Summes of Twenty shillings a peice,
Item I give and bequeath unto my Cozin Thomas Bottinge and his wife Twenty shillings a peice,
Item I give and Bequeath unto my Cosin Stephen Weller, Taylor and to his wife Twenty shillings a peice,

And whereas before in this my Last will and Testament I have given unto William Osborne Sonne of the Aforesaid Alexander Osborne deceased the yearely Rent or Summe of Tenne pounds dureinge term of his naturall life, And whereas it is at present unknowne whether the said William be now Liveinge, my will and minde therefore is that in case the said William Osborne Shall not appeare to be Livinge at any tyme within the space of Tenne yeares now to come that then the said yearely rent shall remaine amongst the other Children of the said Alexander Osborne Aforesaid deceased to be equally Devided betweene them,

Item I will Devise and bequeath unto the said William Osborne sonne of aforesaid Alexander Osborne deceased, All that my Messuage and Tenem[en]ts which I lately purchased of Zedekiah Lease and all lyeinge together in Cranbrooke beinge nowe Devided into Foure dwellings To have and to hold to him the said William Osborne and to his Executors Administrators and assignes for ever
Provided neverthelesse and my minde and meaneinge is, That if the said William Osborne shall not come forth and appeare to be Liveinge at any tyme within the space of Twenty yeares now to come then my will is that the said Messuage shall be devided equally between the other Children of the said Alexander Osborne aforesaid deceased,

Item I give and bequeath unto John Robotham the Sume of Twenty shillings

In wittnesse that this is my very Last will and Testament (I renouncing all and Revoaking all former wills) have caused my present will to be written in Eight Sheetes of paper and to every Sheete thereof have set my hand and to the Last Sheete thereof have sett my hand and Seale the day and yeare first above written Thomas Weller his marke
Sealed and Signed and published and Declared to be the Last will and Testament of the said Thomas Weller (by him the said Thomas Weller) in presence of
Thomas Weller John Robotham Scriptor

This will was proved at London before Sir Nathaniell Brent Knight Doctor of Laws &c the Last day of September in the yeare of our Lord god One thousand Sixe hundred Fifty and Twoe by the oath of Agnes Weller the Relicte and late lawful wife of the deceased and Sole Executrix of the Deceased named in the said will To whom Administration of all and Singular the goods Chattells and debts of the said deceased was granted and committed Shee being First Legally Sworne truely to Administer the same


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Will of Thomas Weller
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