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Elizabeth Holditch 1671

Report Errors: This will was very difficult to transcribe. Thanks to the people of the Devon List at Rootsweb for help and suggestions. If you notice an error, or would like to see the will and try to figure out some of the blanks and questions, please let me know.

In the name of God Amen thefirst day of June in the third and twentieth year of the reign of our Sovereign Lord Charles the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith or ___ in this I Elizabeth Holditch of Totnes in the County of Devon widdow being weake of body but of sound and perfect mind and memory (blessed be God for the same) doe make and ordain this my last will and testament in manner and form following First I commend my soule to God who gave it and my body to the Earth from whence it came praying in and through the mercy only of Jesus Christ for my Salvation Also I give to the poor of the Towne of Totnes aforesaid the sum of forty shillings of good and lawful money of England to be paid unto and distributed amongst such of them by my Executrix herein named as she shall think fit within one year after my death Whereas Abraham Holditch merchant my late husband deceased did by his good indemnity bearing date the fourteenth day of November in the Eighteenth year of his majestys reign that now is over England for the consideration therein mentioned devise and grant unto Jacob Holditch merchant his brother all that part of that one messuage or tenement and herb garden with the appurtenances then and now in the possession of Nicholas Blackallow situate lying or being in the Borough of Totnes aforesaid to have and to hold the same unto the same Jacob Holditch his executors and assigns From and after the death of the said Abraham Holditch and not for the term of two thousand years thenceforth fully to be completed and ended And whereas the said Jacob Holditch did by his good indemnity bearing date the first and twentieth day of April in the two and twentieth year of the reign of the said King Charles the Second over England and for the consideration therein after mentioned and satisfied purchase grant transfer and make over unto me All that the aforesaid parte of the said messuage or tenement and herb garden to have and to hold the same unto me my executors and assigns for and during all the said terms of two thousand years then to come and be expired By and under such covenants and provisions as in the said ____ deed are _____ and so I give devise and do bequeath unto Robert Warren the oldest sonne of Christopher Warren Gent and kinsman All and singular the ______ soe granted and transferred unto me as aforesaid to have and to hold the same unto the said Robert Warren his executors and assigns immediately from and after my death for and during all the said terms of two thousand years henceforth fully to be completed and ended Provided always that if the said Robert Warren or Christopher Warren his father on his behalf ______ or shall not within six months next after my death well and truly satisfy and pay the sum of fifty pounds of good and lawful money of England unto my executors hereinafter named which I doe hereby give unto such person and persons and in such manner and form as in hereafter mentioned and possessed that is to say unto George Hamon Clerke ten pounds unto John Burges Clerke ten pounds unto Francis Whidden of Totnes aforesaid Clerke Five pounds and to George Mortmore of the same Clerke five pounds unto Mr. Searle Mr. Jacob and Mr. Simms Clerks and unto every one of them forty shillings unto my cozen Wills Mr. Tucker and Mr. Yeo [?] Clerks Forty shillings a piece unto my brother Bartlett Mr. Warren and Mr. Sy_____ Clerks Forty shillings a piece Unto Mr. Atkins [?] and Mr. E____ Clerks twenty shillings a piece there upon immediately after _____ of payment of the said summe of fifty pounds to be made by the said Christopher and Robert Warren or one of them in manner as aforesaid I doe give devise and bequeath All and singular the premises soe assigned and transferred unto me as aforesaid And all my freeholds rents and estate therein unto my said Executrix Anything in these presents to the contrary conveyed in anywise notwithstanding She paying the said fifty pounds unto the several persons to which I  have given the same within the span of seven [?] months next after my death And in case the said Robert Warren shall not happen to hand and ____ the said rent premises for default of payment of the said summe of fifty pounds then I give and bequeath unto him the sum of one and thirty pounds ___ of the summ of one and forty pounds which my brother-in-law Jacob Holditch of Totnes aforesaid Merchant hath and is indebted to me on bond and was to be unto me paid by the conditions thereof on the twelfth day of April last paid before the date hereof And ten pounds thereof I give unto Phillip Holditch and Abraham Holditch sonns of the said Jacob Holditch Sr. as his Executors or administrators toe satisfie and pay the said debt unto my said Executrix within two months next after my death But if he or they shall not then and in the mean time satisfy and pay the same then my will is that the said ten pounds soe mentioned to bee paid unto the said Phillip and Abraham shall go and remain _____ my said Executrix And that the said one and thirty pounds shall be paid unto the said Robert Warren whom my said Executrix shall ____ or ____ the said debt of and from the said Jacob Holditch his Executors or Administrators and not before And if my said Executrix shall happen to hold and enjoy the said freehold and premises by virtue of this my last will then and in that case I doe also give and bequeath unto the said Robert Warren All the debt that ____ doth owe me to bee unto him paid when the sums shall be required or requested by my Executrix and not before Whereas George Watts is indebted to me the sum of two and twenty pounds or thereabout I doe give and bequeath Ten pounds ____ thereof unto my sister Susanne Opie widdow to bee unto her paid ____ on the said debt shall be paid unto my said Executrix and not before Item I give unto my said sister Ten Pounds more of the  lawful money of England to be unto her paid be my said Executrix within one years after my death whereas ____ _____ Clerk is indebted unto me the summe of six pounds I give and bequeath unto my cousin Stephen Opie of Exon to be unto him when the same shall be required by my said Executrix Also I give and bequeath unto my couzen John Opie minister all my books Also I give unto my couzen Grace the wife of John Batterson gent my Greatgf green Emerald ? ring and to her daughter Elizabeth a small necklace of pearls Also I give unto my Couzen Sarah now the wife of the said Christopher Warren a piece? of Barbara Gould [?] and also a long table cloth and _______   ___ of similar? flowerwork Also I give unto my cozen Stephen Opie five pounds Also  I give unto my cozen John Batterson the said Christopher Warren  my cozen Richard Opie the ______and unto John Ford Clerk and unto every of them a gold ring of twenty shillings price Also I give and bequesth unto my cozen Richard Opie the ____ ____ therafter Harper? at ______ a signet ring with the ______ armour on it.  Also I give and bequeath unto my Brother Thomas Goddard gent a ___ gold ring of twenty shillings price Also I give and bequeath unto my Sister _____ Sister Holditch and Sister Beard? and to every of them a piece of gold of twenty shillings of the Kings new coyne and a gold ring for each of them respectively Also I give and bequeath unto my servant maid Elizabeth Harvey? the summ of tenn pounds of the lawful money of England and also the Featherbed whereon she now lies in the Kitchen Chamber of the my _ivining house with all the Furniture thereunto belonging and also my new house gowns which I made last _______ with my said ______ I doe herein also give and bequeath unto Johan Bragge my servant the summe of forty shillings and such of my _____ as my Executrix shall think fair. The now last mentioned summe of tenn pounds and forty shillings to be paid unto my servants within a years next after my death Also I forgive a debt unto Laura (Lanna?) Joys all the money that she doth owe me Also I give and bequeath unto Mary Blackford Sometymes my servant twenty shillings of lawful money Also I give unto my cozen William Hill (Hall, Hull?) a gold ring of twenty shillings price Also I give unto Mr. Birkleys oldest sonne and John Amyatts oldest sonne twenty shillings a piece All the rest and residue of my goods and chattels not hereby by me given and bequeathed I do give and bequeath unto Sara Opie my kinswoman who doth cohabitt with me whom I do make my whole and sole Executrix of this my last will and testament revoking all former wills by me heretofore made And I desire the said Richard Opie the oldest to be assistant to my said Executrix in the _______ of the aforesaid severall debts In witness whereof I have hereunto put my hand and seal the day and year aforesaid Elizabeth Holditch signed sealed published and declared in the presence of Joseph Longworthy Arthur Harvey [?]

ProbatumSara Opie executrix [written in Latin, not transcribed]


Elizabeth Holditch will (1671), Prerogative Court of Canterbury PROB/11/337, image 912, National Archives, Kew, Richmond, Surrey, downloaded from http://www.nationalarchives.gov.uk/documentsonline