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Will of Richard Daye

of Horsmonden, Kent


Source: PCC 1659, PROB11/290
Subitted by Roy Day
T[estamentum] Richardi Daye [Will of Richard Daye]
In the name of God: Amen: I, Richard Daye, of Horsemonden in the Countie of Kent, Clothier, the nynth day of Aprill in the yeare of our Lord, accordinge to the Account nowe used in England, One thousand sixe hundred fiftye and nyne, Being sicke and weake in bodye, but of a good and sound memorie (God be praised therefore) do make and ordaine this my present last will and Testament in manner and forme followinge.
First and principallie I reco[m]mend my Soule into the handes of Almightie God my Creator, hopeinge and assuredlie beleiveinge I shalbe reunited to my bodie and both received into eternall blisse and happines in and throughe the onely merrittes, death and bitter passion of my blessed Lord and Saviour Jesus Christ, And my bodie I Co[m]mitt to the earth from whence it came, to be decently buried in the parishe Churchyard of Horsemonden aforesaid.
Alsoe I give and bequeath unto the poore people of the said parishe of Horsemonden the su[m]me of Fortye shillinges, To be paid and distributed to and amongest them within three monethes next ensueinge after my decease by my Executor hereafter named.

Alsoe I give and bequeath the moyetie and one halfe part of all and singuler my houshould stuffe to Joane my welbeloved wife,
And the other moyetie thereof to Thomas, Joseph, Richard and Francke my sonnes, equally to be devided amongest them.

Alsoe I give and bequeath unto John Osborne and Elizabeth Osborne, sonne and daughter of John Usborne of Pembrye, otherwise Pebingbury, in the said Countie, Clothier, by Margery his late wife and my sister deceased, the su[m]me of Five poundes of lawfull money of England a peece, To be paid unto them within twoe yeares next ensueing after my decease.
Alsoe I give and bequeath unto all and singuler the children, whether sonnes or daughters, of Robert Pickerell of Santhurst in the saide Countie, Clothier, Twentie shillinges a peece, To be paid unto them when they shall severallie and respectivelie attaine unto the age of one and twentie yeares,
And if any of them shall happen to dye before they shall attaine unto the said age of one and twentie yeares, Then my will and minde is that the said Legacie or su[m]me of money by me hereby given or bequeathed to him, her or them soe dyeinge shalbe equallie paid and devided amongest the survivors of them at such time as the same should, accordinge to the contentes of this my will, have beene paid to him, her or them soe dyeinge.

Alsoe I give and bequeath unto all and singuler the children of Alice West my sister, whether sonnes or daughters, Twentie shillinges a peece, To be paid unto them severally and respectively when they shall attaine unto the age of one and twentie yeares,
And my will and minde is That if any of them shall happen to dye before they shall attaine unto the said age of one and twentie yeares, Then my will and minde is, That the said legacie or su[m]me of money by me hereby given and bequeathed to such of them soe dyeinge shalbe equallye and proporc[i]onably paid to the survivores of them at such time as the same should have beene paid to such of them soe dyeinge accordinge to the contentes of this my last will and Testament.

Alsoe I give and bequeath unto my sonne Joseph the su[m]me of Fiftye poundes of lawfull money of England, To be paid unto him within one yeare next ensuing after my decease by my Executor hereafter named.

Alsoe I give and bequeath unto Isaack Daye my sonne the su[m]me of Five hundred poundes of lawfull money of England, To be paid unto him by my Executor hereafter named when he shall attaine unto the age of one and twentie yeares.
And my will and minde is That if my said sonne Isaack shall happen to dye before he shall attaine unto the said age of one and twentie yeares, or the said money laid out on Landes, Then my will and minde is That the said su[m]me of Five hundred poundes by me hereby given and bequeathed to my said sonne Isaacke shalbe equally and proportionably devided amongest my aforesaid sonnes Thomas, Joseph and Richard.
And my will and minde alsoe is That the said su[m]me of Five hundred poundes by me hereby given and bequeathed to my said sonne Isaack shalbe, by my Executor hereafter named, as soone as well and conveniently may be, laid out uppon landes to and for the use and behoofe of my saide sonne Isaacke and his heires,
And my will and minde is alsoe That untill the said su[m]me of Five hundred poundes by me as aforesaid given to my said sonne Isaack shall happen for the use of him and his heires [to] be layd out uppon landes by my Executor hereafter named, and dureinge such time as he shalbe under the age of one and twentie yeares, That Joane my welbeloved wife shall have and receive the benefitt and profitt thereof for and towardes the education and maintenance of my said sonne Isaack,
And alsoe my will and minde is That after the said summe of Five hundred poundes by me given and hereby bequeathed to my said sonne Isaack shall happen to be layd out be my Executor hereafter named uppon Landes, That Joane my welbeloved wife shall have and receive the rentes, revenues and profittes of such landes for and towardes the maintenance and education of my said sonne Isaack, dureing such time as hee shalbe under the age of one and twentie yeares.

Item I give and bequeath unto my sonne Richard the su[m]me of one hundred and fifty poundes of lawfull money of England, To be paid unto him within one yeare after my decease by my Executor hereafter named.

Alsoe I give and bequeath unto my sister Anne Greene, wife of John Greene of Cranebrooke in the said County, Cordwayner, the summe of Fortye shillinges, To be paid unto her within one yeare next ensueinge after my decease by my Executor hereafter named.
Alsoe I give and bequeath unto John Turner, sonne of Isaack Turner my late brother deceased, the su[m]me of Tenne poundes of lawfull money of England, To be paid unto him when he shall happen to attained unto the age of one and twenty yeares by my Executor hereafter named.

And all the rest of my goodes and chattelles by me hereby not before bequeathed, my debtes, legacies and Funerall expences first paid and discharged, I give and bequeath the same unto Thomas Daye my sonne, whome I hereby make and ordaine full and whole Executor of this my last Will and Testament.

And I hereby make and appoint the aforesaid Robert Pickerell my brother in lawe Overseer of this my presence last will and Testament, And for his paynes to be taken herein I doe hereby give and bequeath unto him the su[m]me of Fortye shillinges, To be paid unto him by my saide [executor].

This is the last will and Testament of me, the said Richard Daye, made, published and declared the day and yeare aforesaid, As touching and concerninge the disposic[i]on of all and singuler my messuages or Tenementes and landes.

Alsoe I give and bequeath unto my sonne Thomas Daye and his heires for ever All my messuage or Tenement and threescore acres of land, more or lesse, thereunto adioyninge or belonginge, co[m]monly called Cold Harber, scituate, lyeinge and beinge in the parish of Horsemonden aforesaid, and nowe is [in] my owne Tenure or occupation, To have and to hold the said messuage, landes and premisses unto the said Thomas Daye my sonne, his heires and assignes for ever, with all and singuler the appurtenances thereunto belonging.

Alsoe I give and bequeath unto my sonne Joseph Daye, his heires and assignes for ever, All that my messuage or Tenement and threescore acres of land, nowe more or lesse, scituate, lyeinge and beinge in the parishe of Lynton in the said Countye of Kent, nowe in the tenure or occupac[i]on of Frauncis Godden, To have and to hold the said messuage, landes and premisses, with the appurtenances, unto the said Joseph Daye my sonne, his heires and assignes for ever, under the Annuety or yearely rent hereafter mentioned and by me thereout graunted, given and bequeathed.
Alsoe I hereby give, graunt and bequeath unto Joane my welbeloved wife one Ann[u]etye or yearelie rent and su[m]me of Twentye poundes of lawfull money of England, To be yearelie and every yeare for and dureinge the naturall life of the said Joane my welbeloved wife issueinge out, paid, had and received out of the said messuage, landes and premisses lyeinge and beinge in Lynton aforesaid, by me as aforesaid hereby given and bequeathed to my said sonne Joseph Daye,
To be paid on the twoe most usuall feastes or dayes of payment in the yeare (that is to saie) the feaste dayes of the Annunciac[i]on of the blessed Virgin Mary and St. Michaell the Archangell, by even and equall portiones, The first payment thereof to begin and be made at w[hi]ch of the said feastes shall happen next to ensue after my decease,

And my will and minde is, That if default of payment shall happen to be made of the said Ann[u]itye or yearelie rent of Twentie poundes of lawfull money of England, That then and at all tymes from and after Twentie dayes next ensueinge after such default of payment shall happen to be made of the same at the aforesaid feastes or dayes of payment it shall and may be lawfull to and for the said Joane my welbeloved wife and her assignes to enter and come into and uppon the said messuage or Tenement and landes in Lynton aforesaid by me as aforesaid hereby given and bequeathed to the said Joseph Daye my sonne, And then and there to distreyne for the same, And the distresse Or distresses then and there had, found or taken from thence to beare, leade, drive, cart and carry awaie, And the same to impound, deteyne and keepe untill the saide Ann[u]itye or yearelie [rent] or yearelie su[m]me of Twenty poundes, and all arrerages thereof, And all costes and charges by that occasion had and susteyned, shalbe fully satisfied and paid.

Alsoe I give and bequeath unto Richard Daye my sonne, his heires and Assignes for ever, All that my messuage or Tenement, landes and premisses scituate, lyeing and being in Horsemonden aforesaid, conteyninge by estimation Twentie acres of land, more or lesse, And w[hi]ch and wherein I nowe dwell and inhabitt and use, To have and to holde the said messuage, landes and premisses unto the said Richard Daye my Sonne, his heires and assignes for ever, under the Annuitye or yearelie rent hereafter menc[i]oned.
Alsoe I give and bequeath unto the aforesaid Alice Daye my Sister one Ann[u]itye or yearelie rent of Fower poundes of lawfull money of England, To be yearely and every yeare, for and dureinge the naturall life of the said Alice Daye my Sister, issueinge, goeing out, paid, had and received out of the said messuage or Tenement wherein I nowe inhabitt and dwell, by me as aforesaid hereby given and bequeathed to my said sonne Richard Daye,
To be paid on the twoe most usuall feastes or dayes of payment in the yeare (that is to saie) The feaste dayes of the Ann[un]ciation of the blessed Virgin Marie and St. Michaell the Archangell, by even and equall portions, The first payment thereof to begin and be made on w[hi]ch of the said feast dayes shall happen next to ensue after my decease,

And my will and minde is, That if default of payment shall happen to be made of the said Annuitye or yearelie su[m]me of fower poundes of lawfull money of England at the said feastes or dayes of payment thereof, longer then by the space of Twentie dayes, beinge lawfully demanded, That then and at all tymes from thenceforth it shall and may be lawfull to and for the said Alice Daye my Sister and her Assignes into the said messuage or Tenement wherein I nowe inhabit and dwell, with the Landes thereunto adioyninge and belonginge, nowe in my occupac[i]on, to enter and distreyne, And the distresse and distresses then and there found, had and taken, from thence to beare, lead, drive, Cart and carry awaie, And the same to impound, deteyne and keepe untill the saide Ann[u]itye or yearelie rent of Fower poundes, with all arrerages thereof, and all costes and charges by that occasion had and susteyned, shalbe fullie satisfied, contented and paid.

In wittnesse whereof to each sheete of paper of this my present last will and Testament, beinge written. and conteyned in fower sheetes of paper, I have hereunto setto my hand, and to this last sheete have alsoe setto my Seale. Yeoven the day and yeare in and by this my present last will first written.
Richard Day
Sealed, signed, published, read and declared to be the last will and Testament of the said Richard Daye, and the wordes (or the said money laid out on landes) betweene the sixt and seaventh lynes, and the wordes (and Fiftye) betweene the twoe and twentieth and three and twentieth lynes, and the wordes (within one yeare next ensueinge after my decease) betweene the five and twentieth and sixe and twentieth lynes in the second sheete, were interlyned before the insealinge, signinge and publishinge, in the presence of
William Perren meiq[ue] Johannis Streater Scr[iptoris]
[and of me, John Streater, the writer].

This will was proved at London the seaven and twentieth day of Aprill in the yeare of o[ur] Lord God one thousand sixe hundred fiftye nyne, Before the Judges for probate of wills and grantinge administrac[i]ons, lawfully authorized, By the oathe of Thomas Daye, the sonne and sole Executor named in the said will, To whome was co[m]mitted administrac[i]on of all and singuler the goodes, chattelles and debtes of the said deceased, He beinge first Legally sworne well and truely to administer.


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Will of Richard Daye
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