Will of Isaac Rutton

of London [Ex Kent]

Item I give and bequeath unto my Couzen Vaughan Peake the sonne of Widow Peake living neare little Moore Fields the summe of Twenty pounds
Item I give and bequeath unto my Couzen Mary Peake Daughter of the said Widow Peake the like summe of Twenty pounds and a Suite of Damaske Linnen
Item I give and bequeath unto my Couzen John Peake one other of the sonnes of the said Widow Peake the like summe of Twentie pounds
which said Legacies by mee given to the said Vaughan Peake and John Peake my will and mind is shall bee to them respectively paid by my Executor hereafter named when they shall attaine their respective ages of one and twenty yeares and the Legacy by mee given to the said Mary Peake my will and mind is shall bee paid and delivered to her when and so soone as she shall attaine the age of one and twenty yeares or bee married (which shall first happen)
And my will and mind is That in case the said Vaughan Peake Mary Peake and John Peake or either or any of them shall happen to depart this life before the time their legacy or legacies shall become due and payable to them That then and in such case I give and bequeath the part or share of him or her so dieing unto the Survivor or Survivors of them

Item I give and bequeath unto my couzen Elizabeth Hipsley the daughter of my couzen [blank] Hipsley the summe of Tenne pounds
Item I give and bequeath unto Rebecca Moorewood the daughter of Joseph Moorewood of London Grocer my best Suite of damaske linnen
Item I give and bequeath unto my Couzen Thomas Rutton sonne of my late Nephew Isaac Rutton late of New Rumney in the County of Kent deceased the summe of One hundred pounds

Item I give and bequeath unto my Couzen Elizabeth Rutton the daughter of Matthias Rutton of Ottham in the said County of Kent Clerke the summe of Fiftie pounds
Item I give and bequeath to the only daughter of my Couzen [blank] Hinckes late of London Leatherseller deceased the summe of One hundred pounds to bee paid unto her by my Executor hereafter named when shee comes of age of One and Twenty yeares or day of marriage which shall first happen
Item I give and bequeath unto my Couzen Isaac Rutton sonne of my said late nephew Isaac Rutton deceased the summe of one hundred pounds of lawfull money of England to bee paid to the said Isaac Rutton within Tenn dayes after hee shall bee One and Twentie yeares of age

Item I give and bequeath unto my Couzens Ellinor Rutton Mary Rutton Rebecca Rutton and Elizabeth Rutton daughters of my said late Nephew Isaac Rutton deceased the summe of Sixty pounds each to bee paid to them respectively within Twentie dayes after the said Elianor Rutton Mary Rutton Rebecca Rutton and Elizabeth Rutton shall respectivelie attaine their respective ages of one and twenty yeares or bee respectively married (which shall first happen)

But in case my said Couzens Thomas Rutton and Isaac Rutton shall happen to die and depart this life before hee or they atteyne the said age of one and twenty yeares Or my said Couzens Ellianor Rutton Mary Rutton Rebecca Rutton and Elizabeth Rutton or any of them happen to die or depart this life before they shall attaine their respective ages of one and Twenty yeares or bee married That then I give and bequeath the part or share of him or her or any of them soe dieing unto the Survivors to bee equally divided amongst such said survivors part and share alike
And in case my said hee and she Couzens shall all but one dye before the time above mencioned That then the parts and shares of him and them so dieing shall goe to the survivor

And my will and mind is that the said Legacies by me given unto the said Thomas Rutton Isaac Rutton Ellinor Rutton Mary Rutton Rebecca Rutton and Elizabeth Rutton (by my Executor hereafter named within Twelve moneths after my decease) shall be put out and paid to my Couzen John Toung of Ryersh neere Towne Maulding in the County of Kent (if living at the time of my decease) at Five pounds per Centum per Annum the principall payable in such manner and times respectively as is before mencioned
And the interest halfe yearly to bee paid and laid out by my said Couzen John Toung in and towards the Charge of the vertuous Religious and necessary Educacion of the said Thomas Rutton Isaac Rutton Ellinor Rutton Mary Rutton Rebecca Rutton and Elizabeth Rutton Hee the said John Toung giving my said Executor his executors or administrators upon the payment of such monies into his hands such good and sufficient securitie for the same Legacies and Interest payable as before is expressed either by Mortgage or otherwise as my Executor hereafter named or his Executors or administrators or is or their Councill learned in the law shall accept and approve of
And in case hee the said John Toung his heires executors or Administrators doe give unto my said Executor his Executors or administrators such said Securities for the afore mencioned moneys payable as aforesaid
That then and in such case and not otherwise I give and bequeath unto the said John Toung the summe of Two hundred pounds to bee paid to him within Six moneths next after such securities given as aforesaid I hereby declareing that my said devise to him the said John Toung of the said Two hundred pounds is for and in respect of his accepting the said Legacies soe devised to my said Couzens at interest and for his the said John Toungs accepting the Trust aforesaid and his paines and care therein and giving such good securitie for paying the same as aforesaid
But if it shall happen that the said John Toung his heires executors or administrators doe not or shall not give such sufficient Securitie as afore is mencioned for the Legacies of the said Thomas Rutton Isaac Rutton Elianor Rutton Mary Rutton Rebecca Rutton and Elizabeth Rutton unto my said Executor hereafter named his executors or Administrators payable as aforesaid That then I hereby declare the Legacy of Two hundred pounds by mee given to the said John Toung shall not bee paid to the said John Toung his heires executors or Administrators but the same bequest shall bee void Any thing aforesaid or any Custome to the contrary notwithstanding

And my will and mind is and I doe hereby in such case give and bequeath one hundred pounds of the said summe of Two hundred pounds doe given to the said John Toung as aforesaid unto my brother John Rutton of Kingston in the County of Surrey in case hee bee living at the time of my decease but in case my said brother John Rutton shall happen to bee dead at the time of my decease Then I give the said summe of one hundred pounds soe given to my said brother John Rutton unto the Executors or Administrators of my said brother John (Any thing aforesaid to the Contrary notwithstanding) And request and desire my said brother John his executors or administrators to lend and dispose of the aforesaid Legacies by mee given unto the said Thomas Rutton Isaac Rutton Elianor Rutton Mary Rutton Rebecca Rutton and Elizabeth Rutton upon such said Securities as my said brother John or his Executors or administrators shall thinke convenient payable with Interest in such manner and to such uses as is herein before declared
And I doe hereby alsoe in such case give and bequeath the other One hundred pounds of the said Two hundred pounds unto the said Ellinor Rutton Mary Rutton Rebecca Rutton and Elizabeth Rutton to bee equally paid and divided amongst them part and share alike at such times and in such manner as the other Legacies to them by mee given shall become due and payable and in the meane time to be soe disposed of at Interest with their other Legacies and the same interest to bee payable and disposed of for and towards the Charge of their educacion as before is mencioned

Item I give and bequeath All that my Messuage or Tenement or part of a messuage or Tenement being Freehold scituate lying and being in Bridge Row in the parish of St John Baptist London now or late in the tenure or occupacion of John Baker or his Assignes And alsoe all that my Corner House being in Wallbrook and Bridge Row aforesaid (out of which said last mencioned house is a Rentcharge of Twenty shillings per Annum Issueing forever) And also all that my other Messuage or Tenement with Thappurtanences scitatue in the aforesaid parish of St John Baptist now or late used as a Coffyhouse late in the tenure or occupacion of Richard Cox or his Assignes And alsoe all those my two other Messuages or Tenements with their appurtenances scituate lyieng and being in the parish of St John Baptist aforesaid being in Wallbrooke one of which is in the tenure or occupacion of George Bennett or his Assignes and the other in the tenure or occupacion of James Townesend or his Assignes unto my said brother John Rutton during the terme of his naturall life
and after his decease unto my couzen Matthias Rutton Junior sonne of Mathias Rutton of Ottham aforesaid during the terme of his naturall life
And from and after the end or Determinacion of that estate Then unto Thomas Howlett of London Sopemaker and his heires during the life of the said Mathias Rutton Junior In Trust to prevent the contingent remainders from being destroyed and to make entries for that purpose as need shall require
And from and after the decease of the said Mathias Rutton Junior Then unto the first sonne of the said Mathias Rutton Junior and the heires males of the Body of such first sonne lawfully begotten and for default of such issue unto the second sonne of the said Mathias Rutton Junior and the heires males of the Body of such second sonne lawfully begotten and for default of such Issue Then to the Third fourth fifth sixth seaventh eighth nineth and Tenth sonne and sonnes and of every other sonne and sonnes of the said Mathias Rutton Junior and the Heires Males of the Body of such Third Fourth Fifth Sixth Seaventh eighth nineth and Tenth sonne and sonnes and of every other sonne and sonnes lawfully begotten according as they are in Priority of Age and Birth The elder and the Heires Males of the body of such sonne and sonnes always to bee preferred before the younger and the Heires Males of his body

and for default of such Issue then to my said Couzen Isaac Rutton sonne of my said late Nephew Isaac Rutton late of New Rumney deceased during the term of his naturall life
and from and after the end or Determinacion of that estate Then unto Thomas Howlett and his heires during the life of the said Isaac Rutton In Trust to prevent the contingent remainders from being destroyed and to make Entries for that purpose as need shall require And from and after the decease of the said Isaac Rutton Then unto the first sonne of the said Isaac Rutton [and the heires males of the Body of such first sonne] lawfully begotten and for default of such Issue unto the second sonne of the said Isaac Rutton and the heires males of the Body of such second sonne lawfully begotten and for default of such Issue Then to the third fourth fifth sixth seaventh eighth nineth and tenth sonne and sonnes and of every other sonne and sonnes of the said Isaac Rutton and the Heires Males of the Body of such third fourth fifth sixth seaventh eighth nineth and Tenth sonne and sonnes and of every other sonne and sonnes lawfully begotten according as they are in prioritie of age and birth The elder and the Heires males of the body of such sonne and sonnes always to bee preferred before the younger and the Heires Males of his body

and for default of such Issue Then unto my said Couzen Thomas Rutton sonne of my said late Nephew Isaac Rutton late of New Rumney deceased dureing the terme of his naturall life and from and after the end or Determinacion of that estate Then unto the said Thomas Howlett and his heires during the life of the said Thomas Rutton In Trust to prevent the contingent remainders from being destroyed and to make entries for that purpose as need shall require And from and after the decease of the said Thomas Rutton Then unto the first sonne of the said Thomas Rutton lawfully begotten and the heires males of his body lawfully begotten and for default of such Issue Then to the second sonne of the said Thomas Rutton lawfully begotten and the heires males of his body lawfully begotten and for default of such Issue Then to the third fourth fifth sixth seaventh eighth nineth and tenth sonne and sonnes and of every other sonne and sonnes of the said Thomas Rutton and the heires males of the body of such Third fourth fifth sixth seaventh eighth nineth and Tenth sonne and sonnes and of every other sonne and sonnes lawfully begotten according as they are in priority of age and birth The elder and the heires males of the body of such sonne and sonnes always to bee preferred before the younger and the heires males of his body and for default of such Issue Then to the right heires of the said Thomas Rutton forever

And whereas I am interested and possessed of a Lease of and from the said parish of St John Baptist of the other part of the said messuage or tenement wherein the said John Baker did dwell And whereas of the Terme in and by the said Lease granted there are about Forty Two yeares to come and unexpired upon which said Lease the yearly rent of foure pounds is reserved which said part of the Messuage aforesaid with thappurtenances and the said lease thereof I give and bequeath unto Jacob Howlett alsoe of London Sopemaker his executors and administrators In Trust however that the said Lease shall from time to time attend and waite upon the Freehold and inheritance of the premisses before devised And that hee the said Jacob Howlett his executors administrators and assignes shall and will from time to time and at all times hereafter permit and suffer the respective persons to whome the freehold premisses are above limited and devised as their respective estates doe commence and continue to receive and take the rents Issues and profitts of the said Chattle Lease and premisses for his and their owne use and uses according to their respective estates in the said Freehold premisses it being my intention and designe That the said Jacob Howeltt notwithstanding the devise of the said Chattle Lease to him shall not intermeddle therewith nor have nothing to doe therein but only as a Trustee for the benefitt of the respective divises and their Children of the Freehold estate as is above limited and not otherwise

And I the said Isaac Rutton doe hereby give full power and authoritie to such person or persons to whome I have devised the Freehold estate afore mencioned or who shall bee in the possession of the said estate or hold and enioy the same by virtue of this my will at any time during the continuance of such estate to make any lease in possession of all or any the Freehold or Leasehold premisses to any person or persons for any time or terme not exceeding the terme of One and Twentie yeares At and under the best yearly rent that can bee got for the same without any fine or Fines whatsoever and soe as such rent be quarterly reserved & payable during all the terme soe to be demised to the respective persons who shall have by virtue of this my will the Freehold of the premisses as above is limited and not otherwise it being my expresse meaning that all such Leases shall be made at the best Rent and noe fine or Fines shall be taken for the same but that the highth and best rent shall remaine and continue to be received by the perticular person and persons to whome I have hereby devised the premisses during the respective continuance of such Lease and Leases or otherwise That such Lease and Leases shall bee utterly null and void

I give and bequeath unto Hannah King my now servant if living with mee at the time of my decease the summe of Twenty pounds and foure pounds to buy her mourning but in case shee bee not liveing with mee at the time of my decease Then I give and bequeath unto the said Hannah King the summe of Tenne pounds only
And in case that the said Hannah King shall not bee living with mee at the time of my decease Then I give and bequeath unto the maideservant liveing with mee at the time of my decease the summe of foure pounds to buy her mourning

Item I give and bequeath unto my Couzen John Mascall of New Rumney and his present wife the summe of Twenty pounds for mourning
Item I give and bequeath unto Elizabeth Chappell widow the daughter of Francis Barton late of Cannonstreete Haberdashers deceased the summe of Twenty pounds to be paid to her as followeth (vizt) Five pounds part thereof at the expiracion of one moneth next after my decease five pounds more thereof at the expiracion of Three moneths next following the expiracion of the said One moneth five pounds more thereof within Three moneths after the expiracion of the last mencioned Three moneths and Five pounds residue thereof within Tenne moneths next after my decease

Item I give and bequeath unto my Couzen John Jones of Chelsea in the County of Middlesex the summe of Twenty pounds to bee paid to the said John Jones as followeth vizt Tenne pounds part thereof at the expiracion of six moneths next coming after the time of my decease and the other remaining Tenn pounds thereof at the expiracion of Six moneths next coming after the expiracion of the last mencioned Six moneths

Item I give and bequeath unto Mr George Bonnett of Wallbrooke London the summe of Twenty pounds to buy him mourning
Item I give and bequeath to my said brother John Rutton and his present wife the summe of Fifteene pounds to buy them mourning
Item I give and bequeath unto my Couzen Garway of old Brandford in the County of Middlesex Brewer and his wife Fifteene ounds for mourning
Item I give and bequeath unto my Couzen Bovingdon the daughter of my said brother John Rutton Tenne Pounds to buy her Mourning

And all the Rest residue and remainder of my goods debts Chattles plate householdstuffe ready mony Jewells and personall estate not before by me herein given and bequeathed (my debts funeral charges and Legacies being thereout first paid and deducted) I give and bequeath the same and every part thereof unto my said brother John Rutton

And I doe make and ordaine the said John Rutton full and whole Executor of this my last will and Testament
And I doe hereby revoke Annihilate frustrate & make void all former Wills and Testaments by mee at any time heretofore made
And doe publish and declare this alone to bee my last will and Testament and noe other or otherwise

In Witness whereof I the said Isaac Rutton the Testator have to each sheete of this my last Will and Testament contained in Thirteene sheetes and an halfe of paper or thereabouts sett my hand and at the top where the same are fastened or tyed together have sett my seale and to the last halfe sheete have sett my hand and seale Dated the day and yeare first in the first sheete written Isaac Rutton

Signed sealed published pronounced declared and delivered by the said Isaac Rutton the Testator as and for his last Will and Testament in the presence of
Wm Staresmore Stationer in Cornehill - Thomas Simpson Servant to Mr Staresmore - Jno Arderne Str in Cornhill at the Halfe Moone and Seaven Starrs - Pr Cossen his servant

Probatum fuit huiusmodi testamentum apud London Coram venerabili viro Domino Thomas Pinfold Milite Legum Doctore Surrogato venerabilis et egregii viri Domini Richardi Raines Militis legum etiam Doctoris Curia Prerogativa Cantuariensis Magistri Custodis sive Commissarii legitime constituti vicesimo nono die mensis Octobris Anno Domini Millesimo Sexcentesimo Octogesimo Octavo Juramento Johannis Rutton Fratris dicti defuncti et Executoris in dicto testamento nominat Cui commissa fuit Administratio omnium et singulorum bonorum jurium et creditorum dicti defuncti De bene et fideliter Administrando eadem Ad Sancta Dei Evangelia Jurat

Transcribed by Rosie Ansell February 2020.
St John the Baptist was a church in Walbrook where the church was not rebuilt after the Great Fire.

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