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Will of Thomas Daye

of Horsmonden, Kent


Source: PCC, TNA ref PROB11/81
Submitted by Roy Day
T[estamentum] Thome Daye [The will of Thomas Daye]
In the name of God, Amen, I, Thomas Daye, of Horsemonden in the County of Kent, yeoman, being sick in bodye but in good and perfecte remembraunce, doe make and declare this my Last Will and Testament in manner and forme following, that is to saye,
First I bequeathe my Sowle into the handes of Almighty God, my creato[ur], Savyour and Redemer, And my bodye to the earthe where it shall please God.
Item I give and bequeathe unto the poore people of the parishe of Horsemuneden Tenne shillinges, to be paide by my Executor i[m]mediatlye after my decease.
Item I give and bequeathe unto eighte poore men whiche shall take paynes to carry my bodye to the earthe eighte pence apeece.

Item I give to my daughter Paynters children Forty shillinges apeece to every of them as they shall come to the age of sixtene yeares, And if any of them fortune to decease before they accomplishe the age of sixtene yeares, Then the other then Living shall enioye his or theire parte so deceased.
Item I give and bequeathe to the twoe daughters of Isaack Syms, Agnes and Marye, forty shillinges apeece, and one to be an others heire, to be paide to them as they come to th’age of sixtene yeares, And if it fortune they bothe dye before they come to the age of sixtene yeares, Then I will it shall remaine unto the children of Henry Willard my sonne in Lawe, equally to be devided amongest them.
Item I give and bequeathe to unto every childe of my daughter Martha thirtene shillinges foure pence apeece, to be paide unto them as they come to the age of sixtene yeares, and one to be an others heire.
Item I give and bequeathe unto the sonne of Henry Willarde, named Harrye, forty shillinges, to be paide to him when he shall accomplishe the age of sixtene yeares.
Item I give and bequeathe unto the wyfe of John Okingfoulde of Horsemunden six shillinges eight pence, to be paide unto her within one wholle yeare after my decease.

Item I give and bequeathe unto Isaack Syms and to Henry Willard the benefite of all suche debtes and bondes due unto me from Robert Bathurst and Edward Bathurst, equally to be devided amongest them.
Item I give and bequeathe to Jervis Carpenter of Rownden three shillinges foure pence.
Item I give and bequeathe, acquit and discharge the same Isaack from all suche debtes as he dothe owe me.
Item I doe give to Henry Willard my sonne in Lawe Tenne poundes, to be paide to him within one yeare next after my decease, And also I doe acquite and discharge the saide Henry of all suche debtes as he dothe owe me.
Item I give to Henry Painter all my wearing apparrell.

All the rest of my moveable goodes and cattalles unbequeathed, my debtes and Legacies beinge paide, I give and bequeathe unto Olyve my wyffe, whome I ordayne and make executrix,
And also I doe appointe Will[ia]m Evernden and John Brattell to be my overseers, And they to have for theire paynes tenne shillinges apeece and theire charges borne.

This is the Last will and testament of me, the aforesaide Thomas Daye, made and declared, and putt in writing, the daye and yeare first above written, concerning the disposic[i]on of all my Landes and tenementes within the Realme of England in manner and forme following.

First I give and bequeathe unto Olive my wyfe all my Landes and tenementes, with the appurten[au]nces, scituate, lying and being within the parrishe of Horsemonden aforesaide for and during her naturall lyfe, she paying the Lordes Rent yearely and keeping the necessary Reparac[i]ons thereof, And not felling no timber nor timberlyke from the premisses, but onely for necessary reparac[i]ons of the same,

And from and after the decease of the said Olive my wyfe, I will, give and bequeathe the same Landes and tenementes unto Johane Sy[m]ms my daughter for and during her naturall lyfe, she paying the Lordes Rent yearely and keeping the necessary reparac[i]ons thereof,

And from and after the decease of the saide Joane, I will, give and bequeathe all the same Landes and tenementes unto Isaack Sy[m]ms, sonne of the saide Joane and Isaack Sy[m]ms her husband, and to the heires of the saide Isaack Syms for ever.

Item I give and bequeath unto Alice Willard my daughter, the wyfe of Henry Willard, my Ten[emen]te and garden within the parrishe of Newnden, in the saide County of Kent, nowe in the tenure and occupac[i]on of John Shadwell of Newenden aforesaide, Labourer, with all proffittes and co[m]modities to the same belonging, for and during her naturall Lyfe, she paying the Lordes Rent and keeping the necessary Reparac[i]ons thereof,

And from and after the decease of the saide Alice, I will, give and bequeathe the same Tenement and garden, with all proffittes, unto Henry Willard, sonne of the saide Alice and Henry, and to the heires of the said Henry Willard for ever.

I give and bequeath unto Martha Sy[m]ms, daughter of Isaack Sy[m]ms, my ten[emen]te and garden, with th’appurten[au]nces, scituate within the parrishe of Cranbrooke, when she shall accomplishe the age of twenty one yeares,
And if it fortune she decease before she co[m]me to the age of twenty one yeares, I will it shall remaine unto the sisters of the saide Martha and to theire heires for ever.
Item I will that my Executrix shall receive the proffittes and Rentes of my Tenement at Cranbrooke till Martha Syms come to the age of one and twenty yeares.

Item I give and bequeathe unto my daughter Margaret my Tenementes and a garden and one peece of Land, nowe in the occupac[i]on of Henry Painter her husband, in Newenden, during her naturall lyfe, paying the Lordes Rent yearely and keeping the necessary Reparac[i]ons thereof,
And from and after the decease of Margaret my daughter, I give and bequeathe the same Tenement and garden and one peece of Land unto Thomas Painter, sonne of the aforesaid Henry and Margaret, and to his heires for ever.
Item I give and bequeathe unto Henry Painter, sonne of the aforenamed Henry and Margaret, an other Tenement and one peece of Lande with a garden, nowe in the tenure and occupac[i]on of [blank] Hiam, within the parrishe of Newnden, after the decease of Martha my daughter.
Further I will that my executrix shall paye unto my daughter Martha six shillinges eighte pence a quarter during her naturall lyfe.

Wittnesses to the same,
John Brutell and William Evernden, Will[ia]m Sars, Henry Willard, John Hodgkin etc.

Probate of Will of Thomas Daye, 1593

Decimo tertio die mens[is] Maii Anno D[omi]ni Mill[es]imo Quingentesimo Nonagesimo Tertio emanavit Co[m]missio Alicie Daye al[ia]s Willard filie naturali et L[egi]time dicti defunct[i]
Ad administrand[um] bona iura et credita eiusdem defunct[i] iuxta tenorem testamenti suprascripti pro eo q[uo]d Oivia Daye Relicta dict[i] def[uncti] et executrix in h[uius]mo[d]i testamento nominat[a] antequam onus execuc[i]o[n]is d[i]c[t]i testamenti in se acceptasse ab hac Luce migravit
De bene et fidel[ite]r administrand[o] etc Ad sancta dei Evangelia in p[er]sona m[agist]ri Johannis Theaker notarii publici procuratoris sui in hac parte L[egi]time constitut[i] etc Jurat[a]

[On the thirteenth day of the month of May in the one thousand five hundred and ninety third year of our Lord issued forth a commission to Alice Daye alias Willard, the natural and lawful daughter of the said deceased,
To administer the goods, rights and credits of the same deceased according to the tenor of the above-written will, because Olive Daye, the relict of the said deceased and the executrix named in this will, departed this life before taking upon herself the burden of execution of the said will,
She having been sworn, on God’s holy evangelists, in the person of John Theaker, Notary Public, her lawfully constituted proctor in this regard, well and faithfully to administer the same etc.]


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Will of Thomas Daye
Created by Maureen Rawson