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Will of John Day

of Rolvenden, Kent

Source: Archdeaconry Court of Canterbury PRC17/27/8
Submitted by Roy Day
In the name of God, Amen, The 17th day of Januarii In the yere of o[ur] Lord God 1549, And in the thurde yere of the reigne of ow[re] Sov[er]eigne Lord Edward the syxte, by the grace of God, of Englond, Fraunce and Irelande, Kinge, Defender of the faithe, And of the churche of Yngland, and allso of Ireland, the Supreme hed,
I, John Day, of the p[ar]ishe of Rolvynden, beinge hole of mynd and in good remembraunce, do make and ordayne my testament and Laste will in man[er] and forme folowinge.
Fyrst I co[m]mend my Sowle to allmightye God, and my body to be buried in ?[istia]n [Christian] buryall.

Also I will and ordayne that all my howshold Stuff shalbe devided equally in 3 p[ar]tes,
And I geve and bequethe to Agnes my wyff one p[ar]te therof and th’odder 2 p[ar]tes therof I doo geve and bequethe to my 2 dawghters Anne and Joanne Daye, equally to be divided unto either of them at their age of 18 yeres.
And yf yt doe fortune aney of my said 2 dawighters Anne and Joha[n]ne Day for to dy before their age of 18 yeres with owt heire of her body lawfully begotten, then I will that the ov[er]lyv[er] of them have her p[ar]te that So dyeth.
And yf it fortune that bothe my said dawight[er]s Anne and Joha[n]ne do dye w[i]t[h]owt heire of their bodyes Lawfully begotten, And before their said age of 18 yeres, that then I will that their said p[ar]tes of my howshold Stuff before to them bequethed shall remayne holye unto the said Agnes my wyff, yf that she be then levinge,
And yf she be then deceased, then I will it shall remayne to all the children of my Brothers Richard Daye and George Day to be equally devided betwene them.

It[e]m I geve and bequethe to Joha[n]ne my dawighter my blacke heffer of the Secund calfe, to be deliv[er]ed to her use i[m]mediatly after my decease.

The Residewe of all my movable goodes not before bequethed I do geve and bequethe unto the said Agnes my wyff, she to pay my debtes, bequethes and fun[er]all expens[es],
The whiche Agnes my wyff I doo make and ordayne my Sole executrix of this my p[rese]nte testament and Laste will to se it well and trewly p[er]formed and fulfilled.

Provided allwayes that yf it fortune the Said Agnes my wyff for to mary agayne before that my said 2 dawighters come to ther forsaid age of 18 yeres, then I will and ordayne that the said Agnes my wyff shall make and cause to be made a good, Sure, Sufficient bond by writinge Bownden unto my twoo Brethern, Richard Daye and George Daye for the well and trewe deliv[er]aunce of the forsaid howshold to my Said dawighters Anne and Joane in suche maner and forme as ys before mentioned in this my p[rese]nte testament.

And as tochinge my Landes and tenementes my Last will is in man[er] and forme folowinge.
First I bequethe, geve and graunte unto the forsaid Agnes my wyff, Immedyatly after my decease, the profettes of all my Landes and ten[emen]tes durenge the terme of her naturall Lyff, the said Agnes my wyff for to kepe and mantayne the rep[ar]ations sufficiently of all the howsinges and of the closure of the same, and discharge and pay all man[er] of Rentes, s[er]vice and other charges to be yerelye dewe owt of the same duringe the Said terme,

And Immedyatly after the decease of the said Agnes my wyff I doo geve, graunte and bequethe all my said Landes and ten[emen]tes, w[i]t[h] th’appurtenaunces, to the forsaid Anne and Joha[n]ne my two dawighters and to their heires,

And yf it doo happen that bothe my Said 2 dawight[er]s dye w[i]t[h]out yssewe of their bodyes begotten, Then I will my said Landes and ten[emen]tes shall remayne to John Daye my godsone, the Sone of my brother George Daye, and to his heires, in Fee Simple.

Wittnes hereof John Smeth, Thomas Holnest and George Daye.

Ex[aminatur] [It is examined]

Probatum fuit p[rese]ns testamentu[m] quinto die mens[is] Maii Anno d[omi]ni mill[es]imo quingen[tesi]mo l i Jurament[is] Joh[ann]is Smeth et Georgii Daye testium Ac approbatu[m] etc Onusq[ue] executio[n]is eiusd[em] Co[m]missum est executrici in testa[men]to no[m]i[n]at[e] Dat[um] etc

[The present will was proved on the fifth day of the month of May in the one thousand five hundred and fifty first year of our Lord, By the oaths of John Smeth and George Daye, witnesses, And approved etc, And the burden of execution of the same was committed to the executrix named in the will. Dated etc.]

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Will of John Day
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