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Will of Richard Bury (or Burie) [1584-1661]

Capital Burgess and Mayor of Dorchester (1640 & 1650)

Will dated 20th March 1660 - Proved PCC 11/305 on 25th Oct 1661

Original Transcription below - Link to Modern English version

Transcribed by Michael Russell OPC Dorchester - November 2010

Note:- To aid researchers with identification I have retained the line structure of the original document and indicated by a break the start and end of each page. Words that I am unsure of I have highlighted in red.
In the Name of God Amen:
The Twentieth Day of March in the yeare of our Lord Christ One -
Thousand Six hundreds and Sixty And in the Thirteenth year of The
Raigne of our Soveraigne Llord Charles the second by the grace of God of -
England Scotland ffrance and Ireland King Defender of the ffaith. I
RICHARD BURY of London Esquire being sickly in body but of good and perfect
mind and memory, the Lord have the prayse, I ffor the discharging of my duty doe
make and declare this my Last Will and Testament in manner and forme as
ffollowinge that is to say that I commend and yeeld my soule into the hands of God
my ffaithful and now Redeemer and Saviour And my Body I commit to the earth
from whence it is to be decently buried at the discretion of my executrix hereafter
named willing the same to be with as time there is as conveniently may be  And
as for that worldly Estate with which God of his goodness hath blessed me
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I give devise and bequeath the same as followeth (Vizt:) I give and bequeath un
to my overseers here after named the summe of one hundred pounds in money in
trust and confidence and to the intent that they shall pay bestow and dispose
of the same to and for such charitable uses as they in their discretion shall think
fitt the which in thankfullnes to God for his mercies unto mee and in honour to his
name I do return to him Item I give  and bequeath to the Maior Baylifs and
Aldermen of the Burrrough of Weymouth and Melcombe Regis (the place of my
Birth and duration for some yeares) and to their successors All that my Messuage
or Tenement with all and singular Lands hereditaments and appurtenances what-
soever there unto belonging And the reverton and revertons remainder and remanders
thereof situate in Bockhampton neere Dorchester in the County of Dorsett  now or
late in the possession of Mr John CHURCHILL Clerke now or late Minister of Steeple
in the Isle of Purbecke for his life and the lives of his two daughters Mary
and Elizabeth CHURCHILL to be and remaine in the sayd Maior Bayliffes and
Aldermen and their successors for ever upon trust and confidence in them reposed
to be by them managed and disposed of imediatly after the sayd lives shall expire.
To the uses intents and purposes hereafter mentoned (that is to say) to the
intent and purpose That out of the Rents issues and proffitts of the prmisses
the sayd Maior Bayliffes and Aldermen and their successors shall yearly and
every yeare for ever pay or cause to be payd imployed and bestowed
the some of Twenty Pounds of lawfull money of England for and towards
the breeding and education of two schollars sonnes of Godly parents that
shall be towardly and hopefull and that shall be taught in the free school
of Dorchester and from there be sent to either of the Universityes of Oxford
or Cambridge and there continue untill they shall have other prferments
conferred on them there or for soe long time as the sayd Maior Bayliffes  and
Aldermen and their successores shall thinke fitt And afterwards the sayd Twenty
Pounds painnd to be bestowed in like manner for towards the breedinge
and education of two such other schollars to be qualified as are before mentoned
which shall be of the  Townes of Weymouth and Melcombe Regis or if there shall
be none such their then out of the Burrough of Dorchester And if theri shall be none
such theire then out of any other Towne or place within the sayd County of Dorsett
at the eldnow? of the sayd Maior Bayliffes and Aldermen aforesayd and their
successors And my Will is that the sayd Twenty Pounds paid shall be imployed
to noe other use then towards the beeding of such children in learning for the use
and service of the church of God And upon this further trust and confidence
that the sayd Maior Bayliffes and Aldermen and their successors shall pay and
dispose of the residue of the Rents issue and profitts of the prmissed yearly and
every yeare for ever unto ffine handicraftsmen such as shall ffeare God and
be industrious in their callings and of good report in the church of God un
to each Forty Shillings And for want of such handicraftsmen Then I will
and appoynt the residue of the sayd Rents issues and profitts to be payd
unto seafaring men that shall be soe qualified and in such proportions as the
devise is limited to handicraftsmen Item: I give devise and bequeath unto
the Maior Bayliffes Aldermen and Capital Burgesses of the said Burro-
ugh of Dorchester and unto their successors All that my Messuage or Tenemt
with all and Singular Lands hereditaments and appurtenances whatsoever
thereunto belonging And the Reverton and Revertons Remainder and-
Remainders thereof situate in Bockhampton aforesayd now of late in the-
contne possession or occupaton of William COX for his life and for the lives
of Katherine PERHAM and of Thomas COX To be and remaine in the sayd
Maior Bailiffes Aldermen and Captial Burgesses and their succesors
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for ever upon trust and confidence in them reposed to be by them managed and
disposed of imediately after the sayd lives shall expire To and for the uses intents
and purposes here after mentoned (that is to say) To the intent and purpose that
out of the Rents issues and profitts of the last mentoned Tenement the sayd Maior Bay-
liffes Aldermen and Capital Burgesses and their successors shall yearly and every
yeare for ever pay or cause to be paid imployed and bestowed Ten Pounds of law
full money of England paid for and towards the breeding and education of one scholler
the sonne of Godly parents living in or near Dorchester that shall be towardly to be 
taught at the Free School in Dorchester and afterwards at either of the Universities
of Oxford or Cambridge untill he shall have other preferments bestowed on such
schollar at one of the sayd Universities or for so long tyme As the said maior,
Bayliffs Addermen and Capital Burgesses shall thinke meet And soe from
time to time after the prferment or removall of such schollar the sayd Tenne
Pounds p Annu to be disposed of and imployed for the education of another
schollar soe qualified as aforesayd either living within the sayd Burrough of
Dorchester if any such there bee or in default of such then out of any other
Towne within the sayd County of Dorset And my will is that this sayd Tenn
pounds p ann and last mentoned shall not be imployed to or for any other use but
to breed up such schollar successively for ever in learning for the use and service
of  the Church of God And upon this further trust and confidence that the said Maior
Bayliffes Aldermen and Capital Burgesses of Dorchester and their successors shall
out of the Rents issues and profitts of the last mentoned Tenement yearly and
every yeare for ever pay and dispose of the some of Eight pounds p Ann to
and for the use of the Hospital in Dorchester to breed up or poore children in
learning and labour thereas  now is used And upon this further trust that
the residue of the same Rents shall be expended and layed out yearly in the
buying of garments to cloath two poore Widdowes who shall be godly and
shall dwell in either of the parishes of the sayd Burrough that shall have most
need of relief Item: I give and bequeath unto my servant Martha BAKER
who hath lived with mee many yeares and spent her strength in the service
of mee and my children whensoever she shall goe from my wife to live privately
either ffive pounds p ann during the terme of her naturall life to be payd her
quarterly by equall portons At the fower usual quarter dayes of the yeare or
else the sume of fforty pounds in money to be payd her at the time of her depar:
ture from my wife at the eletton and choice of the said Martha BAKER. Item: I
give and bequeath unto the poor people that are members of the Congregated
Church of Christ that is in Weymouth and Melcombe ffourty shillings and
to the poor Christians that are members of the particular Congregated 
churches of Christ in Dorchester Three Pounds And unto the poore of that church
of Christ in London whereof I am a member Three Pounds which last mentoned
legacies I will shall be payd to and distributed by the deacons or other officers
of the sayd severall churches amongst the poore there att their discretion And
I doe hereby declare that I intend not by the poore of the Churches of Christ the
generality of the poor people inhabiting in the Presincts and parishes aforesayed
but only such of them who hold communion with the respective particular & separat
Congregations And in case the church wardens or overseerers for the poore of any
of the parishes aforesayed shall claime or sue for the sayed legacies for the poore of
the same parishes by virtue of this my will Then my will is that the same legacies
shall be utterly void and of none effect And whereas I am and stand indebted
to severall persons severall somse of money attending to this schedule hereunto
named as And whereas I formaly setled by deed in on my Brother Mr William
TWISSE
of Dorchester and Mr John BENBOW of London Grocer my litte dwelling
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house in Dorchester and my Mills at Broadway with all the appurtenaces
unto them respectively belonging Also the Moyety of the Mannor of Pannington
in the County of Gloucester the Mannor of Grimston in the County of Dorsett
the Moyety of two ffarmes in Balting in the County of Berks All which prmissed
excepting sayd house and Mills are public title upon trust and confidence in my
sayd Brother TWISSE and Mr BENBOW reposed That they should sell the said prmissed
for payment of my debts with the money that should be raised by such sale now
for as much as my sayd dwelling house is mortgaged for one of my debts mentoned
in the sayd schedule and I have sold my sayd Mills and my title to the sayd
public lands is doubtfull I doe therefore revoke the sayd deed and declare the
same to be absolutely void. Item I doe hereby give devise and bequeath unto
Mark COE Girdler John BENBOW Grocer William TREFFUSIS haberdasher citizens
of London William TWISSE of Dorchester Moreover my Brother in Law and to
Jeremiah BAXTER Draper and Joshua BROOKES habadasher citizens of London
and to their heirs and assigns All those my ffoure thousand one hundred and
ffifteen acres of meadow arrable Lands and profitable pasture Irish measure
fallen by lott in the Barony of Kenry in the County of Limerick in the province
of munster in Ireland whereof One Thousand ffower hundred fforty fouer
Acres one Rood and Thrity one poles part of the sayd ffouer thousand one
hundred and ffifteen acres and fallen in the North east Quarter number one
of the sayd Barony of Kenry there one thousand ffoure hundred fourty fowre
Acres one Rood and thirty one poles part of the sayd ffoure thousand one
hundred and ffifteen acres and fallen in the South east Quarter number
two of the sayd Barony of Kenry and Three hundred ninety two Acres three
Roodes and seuven pole more next of the sayd ffoure thousand one hundred
and ffifteen acres are fallen in the west quarter number three of the said
Barony of Kenry And Three hundred thirty three acres one roode and eleaven
poles residue of the sayd ffoure thousand one hundred and ffifteene Acres are
fallen in the North West quarter number four of the said Barony of Kenry
And all woods Boggs hongties? barren [3 illegible words] edifices waters
ffishinge easements commodities and appurtenances whatsoever to the
sayd Lands belonging or apprerteyning thereof and all such other Lands
Tenements and hereditaments which shall hereafter be allotted and sett
out in lieu of any part of the sayd premissed [2 illegible words]in devised &
bequeathed: And the reverston and reversions remainder and remainders
Rents issues and profitts of all and singular the sayd Lands prmissed
To have and to hold the sayd ffouer thousand one hundred and fifteene
acres of land and prmissed with the appurtenances to this sayd Mark COE
John BENBOW William TREFFUSIS William TWISSE Jeremiah BAXTER And
Joshua BROOKES their heirs and assigns for ever upon trust to and for
the severall uses intents limitationsand purposes hereafter expressed and
declared (vizt) upon trust and confidence that they the sayd Marke COE
John BENBOW William TRUFFUFIS William TWISSE Jeremiah BAXTER
and
Joshua BROOKES their heirs and assigns shall pay unto my beloved
wife Dorothy BURY and her Assigns during the terme of her natuarall
life one full third part in three equal partsto be divided of all and singular
the Rents issues and profits of the sayd prmissed for her better support
and maintenance And upon this further trust and confidence that they
the sayd Marke COE John BENBOW William TRUFFUSIS William TWISSE Jeremiah
BAXTER
and Joshua BROOKES and their heires and assignes shall pay all
the rest and residue of the Rents issues and prmissed the sayd prmised during
the term of my wifes natuarall life And all the Rents issues and profitts
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of all and singular the prmissed from and after her decease forever towards
the payment discharge and satisfaction of my debts mentoned in the said schedule
in such order as they and therein sett downe (that is to say) the ffirst debt therein
sett downe to be ffirst satisfied and all the rest of the same debts as they are succes-
sively sett downe Together with damage for the interest and forbarance there
of untill all the same debts shall be payed And upon this further trust and
confidence that after payment and satisfaction of all the sayd debts and
reduction of all such reasonable and necessary charges expenses and disbursemts
as the sayd Marke COE John BENBOW William TREFFUSIS William TWISSE Jeremiah
BAXTER
and Joshua BROOKS their heirs and assigns or any of them shall be at
and expend and disburse in or about the management and performance of the
sayd Trusts that then they the sayd Marke COE John BENBOW William TREFFUSIS
William TWISSE Jeremiah BAXTER
and Joshua BROOKS their heirs shall
convey and assure the sayd ffoure Thousand One hundred and ffifteene Acres
of Lands and prmissed in Ireland as followeth (Vizt) the sayd one thousand
ffoure hundred ffourty ffour Acres One Rood and Thirty one Pole with
their appurtenances ffallen by Lott in the North East Quarter Number One of
the sayd Barony of Kenry And alsoe those ffifty ffive Acres Two Roods and
Eight Pole and a halfe of Lands which was the son of Robert TUTCHIN Clerke
for ffive and Twenty Pounds and which I purchased of him being parcell of
the three hundred Thirty three Acres one rood and eleaven pole fallen by lott in
the North west Quarter number ffower of the sayd Barony of Kenry And
all such other Lands Tenements and hereditaments whatsoever which at any
tyme here after shall be allotted and sett out in lieu of the same or any part
thereof To my sonne John BURY and the heires of his body for ever And the
sayd one Thousand ffouer hundred fforty ffouer Acres and seaven pole of
Lands with their appurtenances ffallen by lott in the sayd South East Quarter
number two of the sayd Barony of Kenry (Except as hereafter is excepted)
And also Two hundred Twenty two Acres Thirty ffouer pole in number ffouer
which was the lott of William Ben Clerke for one hundred pounds ( vizt ) the
comon to the Ballynoe contayning three and Twenty Acres Ballynoe more contay-
ning Seaventy Six Acres and two roods Ballynoe Bogg conteyning Thirteene
Acres Hartelasse part of the Ballynoe conteyning one and Thirty Acres
And one rood in the South of Milltowne by an East and West Line seaventy
Eight Acres one Rood and Thirty ffouer Pole besides Eight Acres of unpro
fittable Bogg (Except one hundred and two Acres one Rood and ffower
and Twenty Pole in the North of Kilcurrtley by an East and West line
whereof the Thirty Eight Acres of controversy are included And except
alsoe Two hundred Twenty and seaven Acres the Remainder of Drummone
belonging to the sayd Dundent? in number Two) And all such other Lands
Tenements and hereditaments whatsoever which ar any tyme hereafter shall
bee allotted and sett out in lieu of the same or any part thereof (Except before
excepted) To my sonne Phineas BURY and the heires of his body forever
And the sayd Eight hundred ninety two Acres three Roods and seaven pole
fallen by lott in the Southwest Quarter number Three of the sayd Barony of
Kenry
And the sayd one hundred and Two Acres one Rood and Twenty
ffouer pole before excepted out of the sayd one Thousand ffower hundred
and fforty Acres and seaven Pole given to my sayd sonne Phineas And
the sayd Three hundred Thirty three Acres one Rood and elaiven Pole
fallen by lott in the Northwest Quarter number ffower And the sayd Two
hundred Twenty and seaven Acres the Remainder of the Drummone belonginge
to the sayd Dundent in number Two before excepted out of the proportion
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of my sayd sonne Phineas (Except the sayd ffifty ffive Acres two Roods Eight
pole and a halfe part thereof before given to my sayd sonne John And except
alsoe the sayd two hundred Twenty two Acres Thirty ffower Pole in number foure
which was the lott ofthe sayd William BEN Clerke before particularly mentoned
besides Eight Acres of unprofitable Bogg before herein given and devised to may
sonne Phineas and the heires of his body) And all other Lands Tenements and
hereditaments whatsoever hereafter to be sett out and allotted in lieu of the same
or any part thereof (Except before excepted) To my sonne Thomas BURY and
the heires of his body forever And whereas I have by Indenture bearing date
the Eighteenth day of this instant March demised all my sayd Lands in Ireland
to my sayd sonne John BURY for the terme of one and Twenty years comensing
the ffirst day of May now next ensuing if my sayd sonne John shall soe longe
live At and under the yearly Rent of Three hundred pounds p ann Now my will
and minde is that if my sayd wife shall happen to dye dureing the terme of the
said Lease That then the sayd Three hundred pounds reserved upon the sayd
Lease after satisfaction of all and every my sayd debts mentoned in the sayd
Schedule shall be payd to my sayd Sonnes Phineas and Thomas their heires and
Assigns during the residue of the sayd terme of One and Twenty yeares share and
share like And that during my sayd wifes life in case she shall happen to live
till all my sayd debts shall be discharged from the tyme of the discharge thereof
I will that my sayd Sonnes Phineas and Thomas their heires and Assigns shall
have and enjoy one hundred pounds p ann a peece during the continuance of
the sayd Lease provided allwayes that if my sayd sonne John shall be minded
after the decease of my sayd wife in case she shall happen to dye during the
sayd Lease to surrender the sayd Lease and accept of the conveyance of the
proportion of the sayd Lands in number one according to the limitation aforesaid
Then I will that my sayd sonnes Phineas and Thomas their heires and assigns
shall pay and allow unto my sayd sonne John and his executors or Assignes the
summe of one hundred pounds (Vizt) each of them ffifty pounds at the tyme
of such surrender of the sayd Lease And my will and minde is that in case any
of my sayd sonnes shall happen to dye without issue of their bodyes lawfully
begotten Then I doe hereby give and bequeath the part of the lands before
appointed to be conveyed to such of my sonnes that shall dye without issue
of his or their bodyes To my ffower daughters Dorothy WHITE Sarah CLARKE
Mary CROMLEHOLME
and Elizabeth WATTS To be held to my sayd ffower daugh-
ters and the heires of their bodyes equally Share and Share like And in case
any of my sayd daughters shall happen to dye without issue of her Body
lawfully begotten Then I will that the part and share of such of them so dying
of and in the sayd Lands and premissed shall be had held and enjoyed unto
by such of my sayd daughters as shall have issue of their bodyes lawfully
begotten and unto and by the heires of their bodyes in equall proportions
And I doe give and devise the sayd Mannor of Pannington in the County of
Gloucester with the rights members and appurtenances thereof And the sayd
Mannor of Grimstone in the sayd County of Dorsett with the rights members and
appurtenances thereof And the sayd Moytie of the sayd two ffarmes in
Balling in the County of Berks with the appurtenances And the reverton and
revertons Remainder and Remainders thereof if any benefitt or advantage shall
hereafter accrue thereby To my sayd ffower daughters Dorothy WHITE Sarah
CLARKE Mary CROMLEHOLME and Elizabeth WATTS To hold to my sayd ffower
daughters and their heirs of their Bodyes respectively in such mannor as my
sayd Irish Lands and limitted in case of the death of any of my sayd Sonnes
without issue of his or their bodyes lawfully begotten in equall shares and
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proportions provided allwayes That if such of my sayd daughters and
heires to whome the last mentioned premissed and devised shall not within three
yeares next after they shall be in quiet possession of the sayd last mentioned
prmissed and shall receive the rents issues and profitts thereof satisfy and
pay to such of my sayd Sonnes as shall have paid any of my debts out of
the Rents and profitts of my Irish Lands their respective proportions forwards
towards the reimbursing of such debts as my sayd sonnes shall have soe - - -
payd for me out of the Rents issues and profitts of my Irish Lands That then
the part and proporton of the last mentoned premissed bequeathed to such
of my sayd daughters and the heires of their bodyes as shall refuse or
neglect to pay their due proportion towards the satisfying my sayd sonnes
the debts which they shall have payd for mee as aforesayd shall be utterly void
and of non effect And in that case I give and bequeath the part and proporton
of such of my daughters and the heires of their bodyes and shall so neglect or
refuse to pay their proportions of my sayd debts as aforesayd to the other or
others of my sayd daughters and their heires of their bodyes who shall pay my
sayd debts as aforesayd And in case all my sayd daughters and the heires of
of their bodyes shall neglect or refuse to pay the sayd somes of money charg-
ed upon the sayd last mentioned premissed Then I devise and bequeath all and every
the same prmissed to my sayd sonnes Phineas John and Thomas and the heires of
their bodyes respectively To hold in comon Item: I give and bequeath to sonne
Thomas in case moneys can be saved out of my wifes Thirds or otherwise after
my wifes decease the some of two hundred pounds in money The rest and residue
of all and singular my Goods Chattles Plate household stuffe and other my
personall Estate whatsoever not hereby before bequeathed after payment
of all my debts legacies and ffunerall expenses I give and bequeath to my said
deare and loving wife Dorothy to use and dispose thereof among my children
at her discretion And I doe make and declare my sayd Wife Sole Executrix of this
my last will and Testament And I doe nominate and intreate Samuell Crom-
leholme. William WHITE, Samuel CLARKE,
and Michaell WATTS my sonnes
in Law and Mr Daniel BULL Clarke and preacher of the Gospell at Stoke
Newington
in the County of Midds to be overseers of this my will and
to be assisting to my sayd Executrix in the performance and executon
thereof And that they will accept of fforty shillings a peece to buy each
of them rings which I give them to weare in remembrance of mee; In witnes
whereof I the sayd Richard BURY have to this my last will and testament
conteyned in the thirteen prcedent sheets and in this present sheet of
writting paper to each sheet sett my hand and to this last sett my seale
on the day of the date ffirst above written: Ri: BURY Signed sealed
published and declared by the testator to be his last will and Testament
on the day of the date in the presence of us: Brigidine AVIANEN? Samuell CLARK
Elizabeth BULL Lidia STEPHENS:

SCHEDULE of the debts to be payd by my trustees in my
Williatm? named To Martha BARBER 20ti : To my brother innl Mr Krigidine ANIAMEN
100ti ; To my cosen Mr Daniell BULL Clerke 250ti ; To Mr Leonard PARRY 50ti ; to
my sister Mrs Dammaris STRONG 800ti; ; To 500ti for my dear and reall freind at
Ino is Ingaged vizt wm Mr ??rnior cirred for me 200ti; To Mr Simon ASH Clerke
200ti And unto Mr KYNEON 100ti ; To Mrs Mary HARTSFORUD Spinster 250ti ; To
my cosen Mr MICHELL? 200ti ; To Mr James GOOLD of Dorchester 200ti ; To Mrs
Alse DASHWOOD my sister in Law 125ti ; To Mr Samuel Cruleholme by h wife? 200ti;
To Mr John DASHWOOD by promise 50ti; To Rowland LEHIRNE and to ffrancis his
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wife 20ti ; To Sr ffrancis HOLLIS knight Baring knight 150ti

MEMORANDUM: That I Richard BURY the Testator doe
this nineth day of Aprill 1661 declare my minde in this prsent Codicill which I
will, shall be deemed and taken for and as part of my last will and Testament
i vide first, whereas I have willed that two hundred pounds should be payed to
my sonne Thomas BURY in case the same can be raised out of my estate Now
for as much as I have when bonds dated the 18 March last, from my sonne
John Bury to and in the name of my sayd sonne Thomas for the sayd summe
of 200ti, payable at certaine tymes, which I designe and give to him in lieu
of the sayd 200ti, willed Therefore I declare the sayd bequest of 200ti,to my
sayd sonne Thomas in my sayd will to be utterly void; And whereas I have
obtained a iudgement in the Kings Bench or Common pleas at Westminster
against my sonne in law Mr William WHITE now of London Gent for ffower
Thousand pound debts besides cost of suit; Now I doe hereby transferre and
assigne over the sayd iudgment, and the sayd summe of 4000ti with all bene-
fit and advantage to be had and taken by the sayd iudgement to my trustees
Marke COD William TWISSE John BENBOW William TREFFUSIS Joshia BROOKES
and Jeremiah BAXTER their executors administrators and assigns in
trust for and towards the payment of my debts and other the uses of my last
will and Testament in case he shall hereafter come to be of ability: In witness
whereof I have to this Codicill set my hand and seale this nineth day of
April in the yeare of our Lord one thousand six hundred sixty and one
Richard BURY. Signed Sealed published and declared this present Codicill
by the testator on the day of the date thereof in the presence of Begiduso AVIANON Samuell
CLARKE Elizabeth BULL

MEMORANDUM: That I Richard BURY the Testator doe this
24o day of Aprill 1661 declare my mind in this prsent Codicill which I will shall
bee deemed and taken for and as part of my last will and Testament vizt:
whereas the Lease I have grannted of my lands in Ireland to my sonne Jno BURY
for one and Twenty yeares in case he shall soe long live at the yearly Rent of three
hundred pounds is much under the vallue of the sayd lands which I have done
for my sayd sonne John his prferment and advancement in an Intended mar-
riage with Mary TOLDERVY the daughter of Mr Thomas TOLDERVY of Dorchester
and in consideration of 500ti for which I have Reivd specialtyes from the sayd
Thomas TOLDERVY to my wife and others towards payment of my debts to which
Marrying there is at prsent a stopp put. now my will and mind is and I doe
hereby appoynt and declare that in case the sayd Marriage shall not take
effect and the sayd summe of 500ti shall not be payd according to the bonds then
if my sayd sonne Jno BURY shall not pay to my trustees expressed in my will
to the uses there in declared the yearly som of three hundred and 60 pounds for
my sayd lands from ye 1t of May 1661 untill ye 1t of May 1667 and from thence
to ye 1t of may 1682 ye yearly Rent of 100ti then I will that my sayd sonne
Jno BURY shall deliver up his lease to my sayd trustees to be cancelld and made
voyd or in default thereof I doe will and appoynt that my sayd Trustees and
their heires and assigns shall convey and settle the inheritance and reversion
of all my sayd lands in Ireland and all other lands Tenements hereditaments
there shall be allotted or sett out in fein satisfaction or Reprizall for any of the
same lands tenements to and upon sayd sonnes Pheneas Bury and Thomas
BURY and the heires of their bodies share and share like in such manner ?othent?
other proportions thereof and therein and willed and devised to them in my
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sayd will anything therein conteined to the contrary thereof in anywise
notwithstanding; And whereas by a deed bearing Date the 18th: March 1660
I have settled an Annuity of 100ti p Ann upon Mary TOLDERVY of Dorchester
Spinster in consideration of 500ti to be paid to me and others according to severall
speciall tyes from Mr Thomas TOLDERVY Tallow Chandler of Dorchester the wth
settlement I have made for my sonne John BURY his preferment and advancemt
in Marriage with the sayd Mary TOLDERVY intended to bee confirmmated
this present April 1661 and whereas at prsent a stopp is put to the effecting
the sayd match and whereas some of the Bonds given for the sayd 500ti are
Already due and the Rest growing due I doe therefore will and declare it
to be my will that in case the sayd Thomas TOLDERVY shall well and truly
pay the sayd 500ti according to the severall bonds that then the sayd Joynture or
annuity of 100ti p annum shall stand good to all intents and purposes for the use
and benefit of the sayd Mary TOLDERVY during her naturall life although
my sayd sonne John shall happen to dye before his return from Ireland
and future marriage with the sayd Mary Provide nevertheless if he shall safe
returne from Ireland and upon hisdisire of Marriage to and with the Lady
Mary TOLDERVY either the sayer Thomas shall refuse to give her in marriage
or the sayd Mary shall so refuse to be Joyned in Marriage to the sayd Jno BURY
within one yeare after the date hereof then this clause concerning ye anuity
to the sayd Mary shall null and voyd.
AND WHEREAS I am endebted to my sonne in Law Mr Michell
WATTS the summe of one hundred pounds and to my sonne in law Mr
Samuell CLARKE the summe of three hundred pounds which I had ap-
pointed and did intend to satisfy out of the sayd 500ti payable by the
sayd Thomas TOLDERVY now my will and mind is and I doe hereby publish
and declare it to bee my will that in case the intended marriage betwixt my
sonne Jno BURY aforesayd and Mary TOLDERVY aforesayd shall not
take effect and thereby my intended satisfaction to my sayd sonnes in law
Michaell and Samuell should bee frustrated that then my Trustees before
mentoned in my will take cause that the aforesayd summes of 100ti to my
sonne in law Michaell and 300ti to my sonne in law Samuell CLARKE shall
be payd and satisfyed out of the Rents and profitts of my Irish lands
aforesayd before any other debts mentoned in the schedule annexed to my said
will notwithstanding any clause or any thinge expressed either in my will
or the schedule of debts annexed thereunto. In Witness whereof I have to
this my second codicill sett my hand and Seale the aforesayd Twenty
fourth day of April 1661:/ Richard BURY; Signed published and de
clared this prsent Codicill by the Testator on the day of the date hereof
in the prsence of Elizabeth BULL Lidia STEPHENS Margaret SHAM-
BROOKE
her his marke:/

PROBATUM: [Note:- My Latin leaves a great deal to be desired and I am quite happy to be corrected by someone who actually knows what they are doing but I have attempted a rough translation as follows]
    fuit huiusmodi testamentum una cum Codicilla
    [Approved was this testament together with codacils]
    secundo Apud London vicesimo quinto die mensis Octobris Anno Domini
    [at London (on) twenty fifth day in the month of October in the year of Our Lord]
    Millesinno sexcentesimo sexagesimo primo coram venerabili et equeyic
    [One Thousand Six hundred and Sixty One in the presence of (the) venerable (or worshipful) and ??]
    viro Guilielmo Mericke Legum Doctore Commissiario et Juramenta Dorotheie
    man William Mericke Doctor at Law, commissioner and by the oath of Dorothy
    BURY Relicta et Executricie et cuiet de bene et in debita juris forma jurat
    BURY relict and executrix --------------and in due form of law

 

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