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Will of Thomas Daye

of , Kent

Source: PCC 1620/1, PROB11/137
Submitted by Roy Day
T[estamentum] Thome Daye [The will of Thomas Daye]
In the name of God, I, Thomas Daye, of Horsemonden in the Countie of Kent, beinge weake in body but of good and perfect memorie, the sixt daye of Februarie in the yeare of oure Lorde Christe one thowsand six hundred twentye, doe ordaine and make this my last will and Testament in manner and forme followinge.
First I co[m]mend my Soule and body into the mercifull protection of God, the Father, Sonne and Holy Ghoste, in the mediac[i]on of Jesus Christe, the head of the Churche, whereof I assure myself I am a member, And my body after my deathe to be buried at the discreac[i]on of my executors, in assured hope of a ioyfull resurrection of the same unto lief eternall in Christe my only Savioure and Redeemer.
Concerninge the state of my goodes which with God hathe blessed me in this worlde I thus further devise and dispose by this my last will and testament.
Firste I give to the Poore people of Horsemun the Parrishe of Horsemonden Twenty shillinges, to be distributed unto them at the discreac[i]on of my executrix w[i]thin one moneth next after my decease.

Item my will and mynde is that Elizabeth my Loveinge wife, w[i]th the assistance of her best Frendes, shall sell the Howse and Landes whereof I nowe stande seised, and scituate in Horsemonden, for the best proffitte and advantage that they can, to rayse porc[i]ons for my Children as shalbe limitted unto them by this my will.

Firste I give to Richard my eldest sonne one hundred poundes of currant english monye, To be payde unto him by my executrix hereafter named in my will when he shall accomplishe the full age of Fower and twenty yeares.
Item I give unto Thomas my second sonne one hundred poundes, to be payde unto him by my executrix when he shall accomplishe the age of Fower and twenty yeares, Condic[i]onally that he, the sayd Thom[a]s my sonne, shall paye yearelie unto Katherine my mother Twenty nobles of currant englishe monye yf shee then be lyvinge, for and duringe the tyme of her naturall lief.
Item my will and mynde is that if any one of my sonnes aforesayd dye before he shall accomplishe the age of Fower and twenty yeares as aforesayd, Then the survivor to be the others heire of the Hundred poundes to him bequeathed and as it is bequethed as aforesayd.

Item I give unto my twoe daughters Elizabeth and Margerie Fourty poundes a peece, To be payde unto them at theire sev[er]all age of one and twenty yeares,
And if any one of them dye before that tyme, Then the survivo[ur] of them to be the others heire of this my Legacye given unto her soe deceasinge.
Item I give to my other twoe daughters Margarett and Alice Fourty poundes a peece, To be payde unto them after the decease of Elizabeth my wife, shee giving sufficient securitie unto the overseers to this my Will hereafter named, at the tyme of the sale of my Land, for the sure paym[en]t of this Fowerscore poundes aforesayd bequeathed as aforesayd to my sayd daughters Margarett and Alice.

The rest of all my goodes (my debtes and Legacies beinge payde and discharged) I give unto Elizabeth my lovinge wiey, whome I ordayne and make sole executrix of this my last will and testament, Condic[i]onally that shee, the sayd Elizabeth my wife, shall take uppon her the executorshippe of this my will, and paye my debtes, and give unto my overseers to this my will such sufficient securitie as they shall lyke and approve of for the sure payment of the Legacies given to my Children as aforesayd, eith[er] at the tyme of the sale of the Land, or at the tyme of my wives second marriage yf it shall happen, w[hi]ch shall seeme best to my overseers, Whiche yf my sayd wife shall refuse to doe, Then shee shall not have any benefitte by this my will, But the goodes to her before bequeathed, and the power to her given to sell my Landes as aforesayd for the uses aforesayd, to be voyde,

And the full power to sell my Landes and to take my goodes, debtes and chattells whatsoev[er] to paye my debtes and discharge my Legacies before given, I settle, place and give by this my will uppon my twoe lovinge and faithfull Frendes William Woodman of Beecheworth in Surrey, my Brother in lawe, and Richard Daye of Goudhurst, my lovinge and n[atu]rall brother, whome I entreate to be the overseers of this my will, to see the same fulfilled in everie poynte.

Item my will and mynde is that my wife in the sellinge of the Land, yf shee take the executorshippe uppon her of this my will, shall take the advise and counsaille of my overseers and be ruled by the same for the best advantage that maye be made thereof,
And soe revokinge all oth[er] Willes, ratifie this under my hande and seale for my last will, the daye and yeare first abovewritten.
Thomas Daye
Wittnesses hereunto John Stringer, The marke of William Perin.

Probate of Will of Thomas Daye, 1620

Probatum fuit Testamentum suprascriptum apud London coram venerabili viro D[omi]no Johanne Benett Milite Legum Doctore Curie Prerogative Cantuarien[sis] Mag[ist]ro Custode sive Commissario legitime constituto vicesimo secundo die mensis Martii Anno Domini iuxta cursum et computac[i]o[n]em Ecclesie Anglicane Mill[es]imo sexcentesimo vicesimo
Juramento Elizabethe Daye Rel[i]c[t]e dicti defuncti et exequutricis in huiusmodi testamento no[m]i[n]ate Cui commissa fuit ad[ministra]c[i]o omniu[m] et singulorum bonoru[m] Juriu[m] et creditoru[m] eiusdem defuncti De bene et fideliter administrando eadem Ad sancta dei Evangelia vigore Com[m]issionis in ea parte al[ia]s emanat[e] jurat[a]

[The above-written will was proved at London, before the worshipful Sir John Benett, Knight, Doctor of Laws, Master, Keeper or Commissary of the Prerogative Court of Canterbury, lawfully constituted, on the twenty second day of the month of March in the year of our Lord, according to the course and computation of the English Church, one thousand six hundred and twenty,
By the oath of Elizabeth Daye, the relict of the said deceased and the executrix named in the will, To whom was granted administration of all and singular the goods, rights and credits of the same deceased, She having been sworn, on God's Holy Evangelists, by force of a commission issued in that regard, well and faithfully to administer the same.

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Will of Thomas Daye
Created by Maureen Rawson