There being conference and discourse betwixt the said James Day and others then in hes Company touching the disposing of his estate and goods, he, the said James Day, with an intent the same wordes should stand for his will, freely and of his owne accord, said that he did give all his goodes whatsoever to his brother Thomas Day whensoever it pleased God to call him, and affirmed that he should have it all, using these or the like wordes, Further I have none that is so neer to me as he is, and who els should have it but he,
There being then p[re]sent and witness[e]s of the p[re]miss[e]s Nicholas Pope of Chartham and John Brooke of Boughton Bleane aforesaid.
Probatum fuit h[uius]mo[d]i testamentu[m] nuncupativu[m] etc xijo die Julii 1628 Cora[m] D[omi]no D[o]c[t]ore Clerke Surr[ogat]o etc P[rese]nte me Will[iel]mo Somner Jun[iori] no[ta]rio pub[li]co Juramento Thomę Day f[rat]ris etc univ[er]salis legatarii etc Ac inde app[ro]batu[m] etc Ac co[m]missa fuit Administrac[i]o bonor[um] etc d[i]c[t]i def[un]c[t]i p[re]fatę Thomę Day primitus Jurat[i] etc Salvo Jure Cuiuscunq[ue]
[This nuncupative will was proved on the 12th day of July 1628, Before the Lord Doctor Clerke, Surrogate, In the presence of me, William Somner Junior, Notary Public, By the oath of Thomas Day, the brother etc, the universal legatee etc, And approved in respect thereof etc, And administration of the goods etc of the said deceased was committed to the aforenamed Thomas Day, he having been first sworn etc. Saving the right of anyone whomsoever.]
Will of James Day
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