Search billions of records on Ancestry.com
   

Will of Thomas Day

of Horsmonden, Kent


Source: PCC 1659, PROB11/295
Submitted by Roy Day
In the name of God Amen, The Third day of September in the yeare of our Lord One thousand six hundred and Fifty nine, I, Thomas Day, of Horsmanden in the County of Kent, Cloathier, being somewhat sicke and weake in Body, but of sound minde and memory, praised be God for it, yet Considering with my selfe the Transitory Estate of this mortall life, That there is nothing more certaine then death, And nothing more uncertaine then the certaine time thereof, doe therefore make this my present Testament, declaringe therein my last minde and will in manner and forme followinge.
First and most principally I give and bequeath my Soule into the hands of Almighty God my Creator and Lovinge Father from whence it came, trusting that for the merritts, death and Passion of my Lord Jesus Christ, my blessed and alone Saviour and Redeemer, it shall be made a Partaker of everlasting glory and happinesse in the Kingdome of Heaven.
My Body I Co[m]mitt unto Earth whereof it came, to be decently buried by my Executor hereafter named, trusting that it shall be disposed of by my dearest Heavenly Father as shall be most to his glory in the day of the Lord Jesus.

Item I will that all debts which I shall iustly owe at the time of my decease be well and truly paid by the Executor of this my present Last will and Testament,
And after my debts paid and my Funerall expences discharged, I give and bequeath all the rest and residue of my Lands, Tenements, Hereditaments, Goods, Cattells, Chattells, Monies, Plate, Wines and Householdstuff wherewith it hath pleased God to blesse me in manner and forme followinge (That is to say),

Item I give and bequeath unto my Loving Brother Isack Day All that my Messuage or Tenement called Coldharbour with all the Lands, Meddowes, arrable and pasture ground, Barnes, Stables, Outhowses, Orchards and Gardens with all and singular their and every of their appurt[e]nances to the s[ai]d Messuage or Tenement or Farme Howse belonginge or in any wise appertayninge,
Which s[ai]d Messuage or Tenement or Farme Howse, Lands and Premisses are scittuate and beinge in the p[ar]ish of Horsmanden afores[ai]d in the s[ai]d County of Kent To have and to hold the s[ai]d Messuage or Tenement or Farme Howse, Lands, Hereditaments and Premisses with all and Singular their and every of their appurtenances and every part and parcell thereof unto the s[ai]d Isack Day and his heires forever, upon this expresse Condic[i]on,
That Hee, the s[ai]d Isack Day, his Heires, Executors or assigns shall well and truly pay or cause to be paid yearely by half yearely payment unto my Brother Joseph Day for and duringe the Naturall life of my Loving Mother Joane Day the Annuitie or yearely summe of Fifteene pounds of Lawfull monie of England For and towards his support and maynetenance which I give unto him the s[ai]d Joseph Day in token of my love and good affections towards him.

Item I doe further give and bequeath unto my s[ai]d Lovinge Brother Joseph Day the Summe of Two Hundred pounds of Lawfull monie of England in token of my further love towards him.
Item I give and bequeath unto my lovinge Mother Joane Day the Annuitie or yearely Rent of Fifteene pounds of lawfull monie of England, To be Issuinge and payable out of the Rents, Issues and Proffitts of my said Farme Howse called Coldharbour And the Land, Hereditaments and Premisses with the appurtenances thereunto belonging yearly by halfe yearely payments, To have and to hold the said Annuitie or yearely Rent of Fifteene pounds unto my said Mother Joane Day and to her Assignes only for and duringe her naturall life in token of my great love and filliall duty and affections towards her,

Provided always, and it is my expresse minde and will That my s[ai]d Mother Joane Day and my Brother Joseph Day afores[ai]d shall wholly betweene them, part and part like, well and truly pay or cause to be paid All such Taxes, Rates, Imposic[i]ons, duties and Assessments which from time to time shall be raised, Assessed, Taxes layd and payable upon, for and out of the said Farme Howse and Lands and Premisses thereunto belonging,
As well for the Minister and other p[ar]ish and Church duties ordinary as Extraordinary, As also to and for the Army and Navy and such other occasions as shall be appoynted and required by the Authority of the Common Wealth of England, Scotland and Ireland from time to time and at all times for and duringe the naturall life of my said Mother Joane Day.

Item I give and bequeath unto my loving Aunte Alice West the yearely Annuitie of Twenty shillings of lawfull monie of England To be Issued out and paid unto her and her Assignes yearely by quarterly payments by the Executor of this my last will and Testament out of my personall Estate for and during the Naturall life of her, the said Alice in token of my love and good affections towards her.
Item I give and bequeath unto the Children of my said Aunt Alice West, Mary, Elizabeth and William West, as followeth, That is to say, Twenty shillings a peece of lawfull monie of England, To be paid unto each of them respectively when they shall attaine to their respective ages of one and twenty yeares.
Item I give and bequeath unto the Children of my loving uncle Robert Pickering, Elizabeth, Margarete, Mary, James, Robert, Samuell, Sarah and Joseph, as followeth, That is to say, to every one of them Twenty shillings of lawfull monie of England, To be paid unto every of them respectively within Twelve monethes next after my decease,

Provided further, and it is my expres mind, will and Meaninge That if my said Brother Isacke Day shall happen to decease this mortall life without Issue of his Body lawfully begotten, That then my said Messuage or Tenement or Farme Howse, and all and every the Lands, Hereditaments, Grounds and premises, with the appurtenances thereunto belonginge and every part and parcell thereof shall be equally divided betweene my two Brothers, Richard Day and the said Joseph Day, part and part like, To have and to hold the same two parts thereof respectively to the said Richard and Joseph, severally and not Joyntly and to their respective Heires and Assignes forever.

Item my further mind and expresse will is That untill my said Brother Isack Day shall attaine unto the full age of one and Twenty yeares My Executors of this my last Will and Testament shall have, receive and take all the Revenues, Rents, Issues and proffitts of my said Farme Howse and the Lands, Hereditaments, grounds and premisses to the same belonging or appertayning, and of every part thereof, and the same to lay out and disburse and dispose as before in this my present last Will and Testament is declared, me[n]tioned and expressed,
And that when my said Brother Isack Day shall attaine unto his said full age of one and Twenty Yeares, That then my said Executor shall within Three Monthes then next ensueing deliver or cause to be delivered unto the said Isack, requiring the same A Just and true accompt in writinge of all his receipts, disbursements and other doings in the time of the Nonage of my said Brother Isack according to the trust and faithfullnesse which I doe hereby repose in him.

Item I give and bequeath unto the poore people of the p[ar]ish of Horsmanden aforesaid the Summe of Forty shillings of lawfull mony of England, to be distributed unto them accordinge to their severall necessities by my Executor of this my present will within Three Months next after my decease,
And I make and ordaine my afores[ai]d loving Brother Richard Day to be full and sole Executor of this my last Will and Testament,
And Overseers of the same my fores[ai]d loving uncle Robert Pickering, unto which my said Uncle Robert Pickering I give and bequeath the summe of Forty shillings of lawfull monie of England in token of my love and good affections towards him, Hereby desiring my s[ai]d Executor and my s[ai]d Overseer in the presence of God the teacher of all things as according to their severall Capacities in the Law to Execute this my present last Will and Testament, and to see the same duely and truly performed in every respect accordinge to my cleer words and meaninge declared herein, and accordinge to the trust and Confidence which I have hereby reposed in them,

And I doe hereby renounce, revoke, adnull and cleerely make voyd and to all intents, Constructions and purposes of and in the Law whatsoever, All and all manner of Former and other wills, Testaments, Legacys, Executors and Overseers and bequeasts by me in any maner of wise heretofore made, written, declarede, given or bequeathed.
In Witnes whereof unto this my present last Will and Testament, consisting of eight sheets of paper, I have set my hand and Seale the day and yeare first in these presents mentioned.
Signed, declared and published by the s[ai]d Thomas Day to be his last Will and Testament in the presence of
Wm. Woodman, the marke of Rebecca Boyes, Thomas Storey Scr[iptoris] Publ[ici] [public writer].

Probate of Will of Thomas Day, 1659

This Will was proved at London before the Judges for Probate of Wills and grantinge Administrations the Seventh day of [“of” repeated] October in the yeare of our Lord God one thousand six hundred fifty nine, By the oath of Richard Day, brother and sole Executor named in the said Will, To whom was Co[m]mitted Administrac[i]on of all and sing[u]lar the Goods, Chattells and debts of the s[ai]d deceased, hee being first legally Sworne truly to Administer.
Ex[aminatu]r [It is administered]


Return to Kent Genealogy

Will of Thomas Day
Created by Maureen Rawson