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Will of Richard Daye

of Benenden, Kent


Source: Archdeaconry Court of Canterbury PRC17/27/236
Submitted by Roy Day
In the Name of God, Amen, The 26th daye of Aprill in the yeare of our Lorde God 1552, in the Sixte yeare of the reigne of o[ur] Soveraigne Lorde Ed[ward] the sixthe, by the grace of God, Kynge of Yngland, France and Irlande, defendor of the faithe, and in earthe, of the Churche of Yngland, and also of Irland, the supreame head,
I, Richarde Daye, of the parishe of Benynden, beyng of hole mynde and good remembr[au]nce, do make and ordeigne this my p[rese]nte testamente and Laste will in ma[n]ner and forme folowinge.
Firste I co[m]mende my Soule to almightie God, my bodye to be buryed in Christian buriall.

It[em] I bequethe to Lampkyns wif 8d.
It[em] I bequethe to Stonames wif 4d.
It[em] I bequethe to Bedmans wif and Parkes wiffe, to either of them 2d.
It[em] I will and ordeigne that ther shalbe bestowed ay my buryall 10s.

It[em] I give and bequethe to Johane my wif all my moveable goodes and Cattalles, So that she do paye to myne Executors, for to paye my debtes and bequethes w[i]t[h]all, 53s 4d.

Also I will and ordeigne that myne Executors shall sell my too Lomes, w[i]t[h] ther staies and all other thinges therto belongi[n]g, And the money therof comyng to remaigne in th’andes of myne executors towardes the fulfilling of this my testamente and Laste will.
Also I will and ordeign that if itt fortune my saide wif to marrye, Then I will that she shalhave But th’one half of my housholde, And th’other half to remaigne in th’andes of myne Executors and to be divided among my Children.
Also I will and ordeine that if itt fortune my saide wif to dye unmaried, Then I will that all my saide moveables shall remaigne unto my saide Children, to be divided equally amonge them.

Item I give and bequeth to Margaret Daye my daughter £6 of Laufull money of Yngland, to be paid unto her at her age of 24 yeres.
It[e]m I bequethe to every of my God Children 8d a pece.

And to this my p[rese]nte testament and Laste will I doo make and ordeign Thomas Golding And my brother George Daye myne Executors, And they to have for ther Labor, for every daye that they doo ride aboute my business, 18d a pece, And for every daye they goo about my busines afote, 8d a pece.

And as towchynge my Landes and tenementes Lyeng in the parishes of Benynenden and Rolvynden my Laste will Is in maner and forme folowing.
Firste I give graunte and bequethe to William Daye my sone my parte of my saide Landes whiche arre to be shifted Lyeng in the parishe of Rolvynden, The whiche Is myne by Inheritaunce, at his age of 25 yeares.
Item I give, graunte and bequethe to Walter Daye and George Daye my sonnes my house and the Landes to the same belonging, w[i]th th’app[ur]ten[au]nces, whiche I nowe dwell in, at their age of 25 yeares.

It[e]m I will that my foresaid wif shalhave the profitte of all my said house and landes too yeares So that she doo kepe my saide Children,
And after the saide too yeares she shalhave the proffitt of my saide house and Landes lyeng and bey[ng] in Benynden untill the yongiste of my saide Children that shall Lyve shalbe of the age of 16 yeares, She keping the rep[ar]ac[i]ons, and to paye yearely the chief Rentes therof, And also to kepe and fynde my said Children honestlye,
And if itt fortune my saide wif to marye againe and to refuse the kepyng of my Children, Then I will and ordeigne that she shalhave yearely owte of my saide house and Landes 26s 8d, to be paide by myne Executors at too usuall termes of the yeare.
And also I will and ordeigne that when the yongiste of my children that doo lyve be at th’age of 16 yeares, That then I will my wif shalhave 26s 8d yerelye the terme of her lif owte of my saide Howse and Landes in Benynden aforesaid,
And if my saide wif doe refuse the kepyng of my saide Children, Then I will that myne executors and ther assigneis shall take up the profittes of my said house and Landes to kepe my children w[i]t[h]all, And to fulfill this my testamentes and Laste will,

And if ther be nott sufficient enoughe of my saide goodes afore appointed to fulfill this my laste will and to kepe my saide children, Then I will that myne executors and their assigneis shall sell my pece of lande callid Tanners Mede at the beste price they can, to fulfill my saide will,
And the Residue of the money therof comyng sparid to be divided amonge my said Children, they beyng Alyve.
Also I will and ordeigne that if itt fortune any of my saide children doo dye before they co[m]me to ther saide age of 25 yeres w[i]t[h]owte heire or heires of ther bodye Laufully begotten, Then I will th’other brother or brothers then beyng alyve shall inheritte and have his or ther p[ar]te that so decesith,

And if itt fortune that all my saide Sonnes do dye before their age of 25 yeres withoute heire of ther bodies Laufully begotten, Then I will that my saide daughter shalhave my house and Landes lyeing in the parishe of Benynden at her age of 30 yeres in fee symple.
And my Landes lyeing in the parishe of Rolvynden, I will and ordeigne that myne executors or ther assigneis shall sell itt at the best price they can,
And I will and ordeigne that my brother George Daies Children shalhave 20 markes of the money co[m]myng of the sale of the saide Lande, to be divided amonge them.
And I will that Thom[a]s Goldinge shalhave of the money of the saide sale 20s.
Also I will that my wiffes Suster, whiche is the wif of Thom[a]s Bolte, and her heires shalhave of the money co[m]myng of the sale of the saide Lande £3 6s 8d. And the Residue of the money therof sparid to the foresaide my wif (if she be then alyve),
And if she be then ded, Then it shall remaigne at the discretion of myne Executors or their assigneis.

And if itt fortune that all my Children do dye w[i]t[h]owte heires of their bodies Laufully begotten,
Then I will that all my said Landes shall remaigne unto my brother George Daies Children in fee symple, Savyng that they shall paye £20 owte of the said Landes,
And that myne Executors or their asseignes shalbestowe itt in deades of Charitie wher they shall se nede,
Provided alwayes that if any of myne Executor do fortune to dye and do Leave no mynyster to paye that he hathe receavid, So that th’other sholde be put to more then he hathe receavid, That then I will itt shalbe Laufull for that executor or his assigne to enter into my pece of Lande callid the Risshet and to take the yearly profitte of hit untill he have receavid so muche as he shall then Lacke of the p[er]formaunce of this my will, or is in durance for it or in danger.

And further provided that if it fortune that all my saide children do dye as is aforesaide my wif beyng then alyve,
Then I will that my saide wif shalhave the profitte of my saide house ande Landes lyeng in Benynden terme of her lif.

And I will and ordeigne that Thomas Goldyng and and Laurence Leede shall have full aucthoritie to take and make a full shifte of and for my parte of my saide Landes whiche Is yet in shifte betwene my brother George Daye, the heires of Alen Marden, and me, for the behouf and use of my children accordyn to this my Laste will and testament.
Provided alwaies that I will that when my saide wif hathe receaved the profitte of all my Landes too yeres,
Then I will that myne Executors shall take up the profitte of my saide Landes at Rolvynden yerly untill my sonne that shalhave it shalbe of th’age of 25 yeres.
And also I will that when my saide wif hathe taken the profitte of my saide house and Landes lyenge in Benynden untill that the yongist of my saide children that then shall lyve be of th’age of 16 yeres as Is afore apoincted,
Then I will that myne Executors or ther assigneis shall take up the profitte of my saide house and landes Lyeng in Benynden till that the yongist of my saide children shalbe at his age of 25 yeres according as it is afore appointed to fulfill my p[rese]nte Laste will and to paye my debtis w[i]t[h]all, And payng my saide wif every yere During the tyme of their receipte of it.

Also I will that when my so[n]ne Will[ia]m shall co[m]me to his age of 25 yeres That myne Executors shall delyver hime his p[ar]te, w[i]t[h] the profitte that then shalbe sparid and due to hime, my Debtis and bequestis firste contentid and paide.
Also I will that when my other 2 sonnes shalbe at their age of 25 yeres, Then I will that they shall delyver them their Landes according as Is afore appoincted, w[i]t[h] the p[ro]fitte that then shalbe spared due to them (if anye be).
Also I will and ordeigne yf anny of myne Executors fortune to dye, Then I will that his executors, administrators or assigneis shall give and yelde his accompte of my goodes unto my other executor that shalbe then Lyvyng w[i]t[h]in 12 wekes nexte after his decease that so dother fortune to dye.

Wytnesses herof Thomas Bolte, John Foule, Laurence Lede, Richarde and Thomas Gibbes.

Probatum fuit p[rese]ns testa[men]tu[m] xvjto Junii Anno d[omi]ni mill[es]imo quingen[tesi]mo quinquages[im]o Secundo Juramentis Johannis Foule et Laurentii Lede testium Ac approbat[um] etc Onusq[ue] executionis eiusdem executorib[us] Juratis Co[m]missum est

[The present will was proved on the 16th of June in the one thousand five hundred and fifty second year of our Lord, By the oaths of John Foule and Laurence Lede, witnesses, And approved etc, And the burden of execution of the same was committed to the executors, they being first sworn.]


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Will of Richard Daye
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