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The Last Will and Testament of Richard Egerden

 

dated:

October 28, 1609; Brook, Ashford, County Kent, England

codicil:

December 25, 1609; Brook, Ashford, County Kent, England

proved:

January 18, 1609/10; County Kent, England.

 

 

Canterbury Probate Records.

Archdeaconry Court: Register of Wills.

Vol. 56  1605 – 1618  (FHL #0188954)

pp. 354 – 358

 

 

In the name of god amen the 28th daye of October in the yeare of our Lord Christe one thousand sixe hundred and nine:  I Richard Egerden of Brooke in ye countye of kent Tanner, beeing sicke in bodye, but of good & perfecte memorye thanckes bee given unto allmightie god therefore, doe make & ordaine this my laste will & testament in manner and forme followeinge:  Ffirste I yealde and beequeathe my soule to allmightie god my creator and to Jesus Christe my onelie saviour and redeemer, and my bodye to decent burial in the church-yarde of Brooke beeforesaide, or else wheare at the discretion of my executor underwritten:  Item  I give unto Elizabeth my wyfe my beste cowe oute of all my line to bee at her choice taken, and all my bees, hogges, poultrye, and all suche corne, haye, and graine, as nowe are in my barns & other houses, & all suche household stuffe, goods, & ymplements as I nowe have in my house where I nowe dwell wth free leave and libertye for the saide Elizabeth and her assignes to abide remaine or bee in my saide dwellinge house by the space of one moneth nexte after my decease, to & for the takeing, haveinge & carryeinge awaye of the saide household stuffe, goods, ymplements, & other thinges by mee for ye saide Elizabeth heerein beequeathed:  And all the fierwood, faggots, loppes, & toppes of wood nowe beeinge in aboute, or upone anye my lands or Tents, and the moytie or one halfe of all suche loppes and toppes of all suche trees as nowe are or heereafter shall bee standinge or groweinge in or upone anye my lands or Tents yearelie & soe often as ye same deuringe the life of ye saide Elizabeth shall bee lopped, shredd, or topped the same from tyme to tyme when or soe often as they usuallie have beene or reasonablie maye bee to bee lopped, shredd, and topped.  Item  I give & beequeathe to Michaell Egerden my soone fiftie pounds of lawfull monye of Englande to bee paid unto him by my executor undernamed wthin one halfe yeare next after my decease:  Item  I give & beequeathe to my daughter Joane nowe William Higgensons wyfe tenn pounds of like lawfull monye to bee paide unto her by my saide executor wthin one quarter of one yeare nexte after my decease:  Item  I give & beequeathe to Ffrancis Egerden my youngest daughter tenn pounds of like lawfull monye to bee paide unto her by my saide executor at her age of tenn years yf shee soe long live, & not otherwyse to bee paide unto her:  Item  I give & beequeathe to Thomasine Beers [????] of like lawfull monye to her by my saide executor wthin one moneth nexte after my decease to bee paide:  The resideue of all my goods and chattells whatsoever in thease presents not given or devised, I will & beequeathe to Gregorye Egerden my eldest soone towarde the paiment of my debts & legacyes, whome I make & ordaine my sole executor of this my present will & testament, & I utterlie renounce & revoke all former wills & testaments by mee declared or made: 

 

This is the last will of mee the foresaide Richard Egerden concerninge the disposition of all my messuadges, lands & Tents in Brooke & Wye in the saide countye or else where made & declared the daye & yeare firste abovewritten:  Ffirste I will give & beequeathe to the said Elizabeth my wyfe all that my messuadge or Tente wch I have nowe built in Brooke beefore saide wth th appurtenances, and all that hempespott and peece, or pcell of lande & pasture beeinge one pcell of Butcheres Brookes & contayneing by estimation 2 akres more or lesse, situate, lyeinge, & beeinge in Brooke & Wye beeforesaide, as the same hempespott, and peece, or pcell of lande & pasture are nowe inclosed, seperated, & divided wth all the bords, quarters, & other timber wch I have gotten & provided for the fynishing, & pfectinge of the saide messuadges or rents soe nowe builte, for & towarde the fynishing thereof:  To have & to holde the saide messuadge, or Tente, hempespott, & peece, or pcell of lande & pasture, wth all & singler there appurtenances unto the saide Elizabeth for and deuringe her naturall life in full satisfaction & recompense of all her dower right, or title of dower of or oute of anye my messuadges, lands, tents, and hereditaments:  And after her decease I will the same to remaine to William Egerden my youngest soone & to the heires of his bodie lawfullie beegotten, and defaulte of suche yssue to the saide Ffrancis my daughter & ye heires of her bodie lawfullie beegotten, and for defaulte of suche yssue to remaine to ye right heires of mee ye saide Richard Egerden for ever:  And farther I will & beequeathe to the saide Elizabeth my wyfe in farther satisfaction & recompense of her saide dower & title, or right of dower, and for & towarde the bringeing upp of ye said William Egerden & Ffrancis Egerden my children one annytie or yearly rente of [????] of good & lawfull monye of Englande to yssue & goe forthe & oute of all my other messuadges, landes, Tents & hereditaments wth th appurtenance in Brooke & Wye beeforesaide or elsewhere, to have & to holde unto the saide Elizabeth at the feaste of th annunciacion of the blessed Virgin Marye ye nativitye of Snt John the Baptiste & Snt Michaell th archangle & the birthe of our Lorde Christe by even & equal portions to bee paide, the firste payment thereof to beegynn at the first of the feaste beeforesaide wch shall first happen after the deathe of mee ye saide Richard Egerden and yf yt shall happen the saide annytie or yearlie rente of the some of [????]  to bee beehinde & unpaide in parte or in all of anye of ye feaste or dayes of paiment in wch as beeforesaide yt ought to bee paide, That then and from thento forthe yt shall and may bee lawfull to & for the saide Elizabeth her executor and assignes into all my saide messuadges, lands, tents, and hereditaments with th appurtenances to enter and distraine, and the distresse or distresses then and there taken or founde lawfullie to take, leade, chace, devise, and carry awaye, and the same to detaine and keepe untill suche tyme as the saide annytie or yearlie rente togeather wth the arrearages thereof (yf any happen to bee) bee unto ye saide Elizabeth her executor and assignes fullie satisfied, contented, and paide.  Item  I farther will, give, & beequeathe to my saide soone Gregorye my messuadge, or tente wherein I nowe dwell, wth all the barnes, houses & other buildeinges thereto beelonginge the garden, orcharde, & heather hempland, or hempspott, and fower peeces or pcells of lande, meadowe, and pasture with th appurtenance in Brooke and Wye beeforesaide, comonlie called Coppebarrowe the meadowe, the bushey feilde, or Clouchcrofte, and the middle feilde sometymes parte of Butchers Brooke, and all other my messuages, lands, tents, and hereditaments wth th appurtenances in Wye and Brooke beeforesaide to my saide wyfe and my soone William not beequeathed, To have and to holde to my saide soone Gregorye and his assignes chardged wth the saide annytie or yearelie rente as beeforesaide for and deuringe the terme of the naturall lyfe of the saide Gregorye, and from & after the decease of the saide Gregorye, I will & beequeathe all the saide messuadges, lands, tents, & hereditaments wth th appurtenance unto Richard Egerden soone of the saide Gregorye & my godsoone, and to the heires of his bodye lawfullie beegotten, and for defaulte of suche yssue to John Egerden my soon Gregoryes second soone, and to ye heires of his bodye lawfullie beegotten, and for defaulte of suche yssue to the right heires of the saide Gregorye for ever, Provided that yf the saide Elizabeth my wyfe shall at anye tyme heereafter sewe oute anye writt of dower, or make, comence, or presente anye suite, or plainte for recoverye of anye dower oute of anye my messuadges, lands, or tents, then my minde is & I hereby devise that shee shall have no advantage or benefitt by this my laste will & testament for any thinge therein to her beequeathed, and that then & from thenceforthe yt shall and may bee lawfull to and for my saide soone Gregorye to take & make advantage thereof in everye respecte according to my true meaninge therein.  In witness whereof I have hereunto sett my marke & seale the daye & yeare firste abovewritten:  The marke of the saide Richard Egerden, [????] published, sealed, & signed in the presence of William Eperinge, Henrye Fontrye by his marke, Christopher Loman his marke, Christian Eperinge, Marye Ofer: her marke.

 

Bee yt knowen that whereas I Richard Egerden of Brooke in the countye of kent tanner have heeretofore made & declared my laste will & testament in writeing, bearinge date ye 28th daye of October in the yeare of our Lord Christe 1609:  And whereas since that tyme for some good occasions I have in some thinges in & [????] the same changed my minde, Nowe I the saide Richard beeing still in perfecte memorye thancks bee given to god, but somewhat weake in bodye, doe by this presente codicill for and concerning all other thinges in the said laste will & testament contained (other than suche as I shall not heereby otherwyse order, alter or dispose of) ratefie, confirme, & allowe the saide laste will & testament, and the same as beeforesaide doe will, publishe, and declare to be & remaine my last will & testament:  And firste whereas by the saide last will I have amongest other thinges devised one peece or pcell of lande comonlye called Coppebarrowe, and containeing two acres more or lesse to my soone Gregorye for his lyfe, the remainder thereof to his soone Richard in fayle the remainder farther to his soone John in fayle & the [????] of the fee simple thereof to the saide Gregorye, my will & meaning nowe is, & I doe hereby devise, will, & beequeathe the saide peece or pcell of lande called Coppebarrowe wth the appurtenances to Elizabeth my wyfe to bee had & helde to her and her assignes for and deuringe the space & terme of [????] yeares nexte and ymediatlie after my decease, for & towarde the better and farther maintenance and bringing upp of my children William and Ffrancis Egerden, the remainder thereof to bee as by mee in my saide laste will is formerlie devised:  And whereas by my saide laste will I have given & beequeathed unto the saide Elizabeth my nowe builte messuadge or Tente in Brooke, and one hempespott and one pcell of lande and pasture, beeing one pcell of Butcher Brooke, lyeing & beeing in Brooke and Wye for terme of her lyfe, the remainder thereof to my saide soone William in fayle, the remainder unto my daughter Ffrancis in fayle, the remainder to my right heires, nowe my minde & will is, and I doe heereby devise the same to the saide Elizabeth my wyfe, for and deuringe her life yf shee shall soe long live sole and unmarryed, and for noe longer nor other tyme, and from and after suche marriadge or deathe, the same to remaine and bee to my saide soone William in fayle and for ever to the saide Ffrancis as in the saide laste will more at larege is contained & sett forthe:  And further I give, will, & beequeathe to my saide wyfe fower of my beste ewes oute of my ewes at her choice to bee taken, and all the ympes and plants of pares, apples, and otheres fitt to bee removed, nowe sett or planted nowe beeinge, or groweinge in my gardens at Brooke wth free libertie, entrye, ingresse, egresse and regresse thereunto at all tymes fitt & convenient for the digging takeing upp, and carryeing awaye of the same, and my farther will & minde is, and I will & devise by thease presents, that yt shall & may bee lawfull to & for ye saide Elizabeth my wyfe at anye tyme after my decease wthout ye assente or licence of the saide Gregorye my executor, & att her will and pleasure, and as yf for that purpose I had made & named her my executrix to take, carrye awaye detaine keepe & dispose of to her owne use all suche goods, chattels, cattle, household stuffe, ymplements & other thinges whatsoever heereby or by my saide laste will & testament to her devised, ment, or given, wthout contradition or deniall, or anye accomple therefore to ye saide Gregorye my executor to bee rendered or given, or suite by him against her to bee brought or presented:  And farther my will is & I devise heereby that my saide soone Gregorye oute of my debts & goods for him lefte & beequeathed & at his coste & chardges shall wthin suche tyme as convenientlie hee maye after my decease goe forwarde wth make upp & finishe the saide messuadge or Tente wch I have nowe builte in suche sorte & manner as I have formerlie appointed the workmen to doe yt, and as was my meaning & intent to have done & finished yt my self yf god had beene pleased to have given mee leave to doe yt, And lastlie my will & meaning is and I doe heereby appointe that this codicill or [????] by mee as beeforesaide sett forthe & declared bee & bee [????],  accempted, & taken to bee pcell of my laste will & testament & to bee thereto annexed & farther to bee of force & vertue by right of a codicill, or by anye other right, wayes, or meanes in the beste & moste benificiall manner that may bee:  And I hartelie require, praye and chardge the saide Gregorye my saide executor for with as in him shall lye to see my saide suche will & testament and this present codicill thereto to bee annexed to bee truelie in all thinges pformed, In witness whereof to this present codicill I have sett my marke and seale the 25th daye of December anno Dmi 1609:  The marke of the saide Richard Egerden:  [????], published, sealed & signed in the presence of William [????] Henrye Fontrye his marke, Christopher Loman, his marke.

 

 


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