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Will of Thomas Day

of Dover, Kent


Source: Consistory Court of Canterbury PRC32/53/54
Submitted by Roy Day
I, Thomas Day the elder, of the towne and port of Dovor, Chirurgion [surgeon], being by the goodnesse of God of p[er]fect memorie and in good health of body, yet not knowing how soone my change may come, doe make and ordaine this my last will and Testament in mann[er] and forme following.

And first I doe will and give unto my eldest Sonne and his heires for ever all those two peeces or p[ar]cells of land, conteyninge by estimac[i]on eighteene acres, w[i]th the app[ur]ten[au]nc[es], lying and being in or neere the p[ar]ish of Northbourne in the County of Kent, w[hi]ch I lately purchased of Sir Timothie Thornehill, Knight, dec[eas]ed, and Dame Jane his wife, and now in the occupac[i]on of Henry Barrowes or his assigns.
Also I doe will and give unto my said Sonne Thomas Day and his heires for ever all that my Messuage or Tenement, barne, stable and land thereunto belonging, conteyning in the whole, by Estimac[i]on fortie Six acres, more or lesse, w[i]th all and singuler the app[ur]ten[au]nc[es], scituate, lying and being in the p[ar]ishes of Westlangdon and Sutton, or one of them, in the said County, and now in the occupac[i]on of the said Henry Barrowes or his assignes,
And likewise all my p[ar]te, share and interest in one Cottage and peece of Land, w[i]th the appurten[au]nces, in the p[ar]ish of Westlangdon aforesaid, w[hi]ch I lately purchased and [?in error for “of”] William Pilcher and George Pilcher,

He, my said Sonne Thomas Day, and his heires, paying out thereof, within Six monthes after my decease, unto Elizabeth Phillipps, widdow, or her Executo[u]rs or adm[inistratou]rs, the su[m]me of fiftie pounds w[hi]ch I lately borrowed of her for my said Sonne, together w[i]th the use and interest that shall be due for the same, and in case of non-paym[en]t thereof, my will is, and I doe hereby will and appointe, that it shall and may be lawfull to and for my Executo[urs] herein after named to enter and distreyne in and uppon my said messuage and land[es], or anie p[ar]te thereof, and the distresse and distresses there to be had and taken to detaine and keepe untill the said su[m]me of fifty pounds, and everie p[ar]te thereof, w[i]th the use thereof, and all charges conc[er]ning the same be unto the said Elizabeth Phillips, her Exec[utours] or assignes, fully satisfied and paid.

It[e]m I doe will and give unto my Sonne Robert Day and his heires for ever all that my messuage, w[i]th the stable and appurten[au]nc[es] thereunto belonging, scituate and being in Dovor aforesaid, and now in the occupac[i]on of Richard Love or his assignes,
He, my Sonne Robert, and his heires, paying out thereof unto Thomas Day, Richard Day, Elizabeth Day, Susan Day and Marie Day, Children of my said Sonne Thomas Day, the su[m]me of fortie shillings a peece at their sev[er]all ages of Twenty one yeares or day of marriage, w[hi]ch shall first happen.

Also I doe will and give unto my Sonne Robert Day and his heires for ever my Messuage or Tenem[en]t, w[i]th the land[es] and app[ur]ten[au]nc[es] thereunto belonging, or therew[i]th used or enjoyed, scituate and being in the p[ar]ishes of Alkham and [?]Kudden, or either of them, in the said County, and now in the occupac[i]on of Thomas Sharpe or his assignes.
Also I doe will and give unto my said Sonn Robert Day and his heirs for ever my Messuage or Tenem[en]t, w[i]th the Garden and appurtenances, in Dovor aforesaid, late in the occupac[i]on of Widdow Kingsmill and now in the occupac[i]on of John Marshe or his assignes.

It[e]m I doe will and give unto my Grandchild John Day and his heires for ever, at his age of twenty one yeares, my Messuage or Tenem[en]t, w[i]th the appurtenances, scituate and being in Dovor aforesaid, in the occupac[i]on of Hester Willes, widdow, w[i]th free lib[er]tie to have and draw water at my well standing or being in the Yard or backside belonging to my dwelling house for the necessary use of the said Messuage or Tenem[en]t,
He, my said Grandchild John Day, and his heires and assignes, from time to time and at all times, finding and mayntaineing one third p[ar]te of the rep[ar]ac[i]ons of the rope, buckett, curbe, and other materialls and necessaries belonging to the same Well.

It[e]m I doe will and give unto my Grandchild Elizabeth Barnacle and her heires for ever my messuage or Tenem[en]t, w[i]th the app[ur]ten[an]c[es], in Dovor aforesaid, in the occupac[i]on of Thomas Driver or his assignes, w[i]th my backe kitchin and Chambers next the well, now in my owne possession, w[i]th free lib[er]tie to have and draw water at my said well,
She, my said Grandchild Elizabeth, and her heires and assignes, finding one third p[ar]te of the rep[ar]ac[i]ons of the rope, buckett, curbe, and other materiall[es] belonging to the same Well.

It[e]m I doe will and give to my Grandchild (Tho: Day) William Day my house wherein I now dwell, w[i]th the appurten[an]c[es], and the messuage or Tenem[en]t, w[i]th the appurten[an]c[es], in Dovor aforesaid, in the sev[er]all occupac[i]ons of my Sonne Robert Day and Ann Taylor or their assignes,
To have and to hold unto my said Grandchild William Day and his heires for ever, at his age of Twenty one yeares and not before, the said Will: Day and his heires having the use of the said well to have and draw water there, finding one third p[ar]te of the rep[ar]ac[i]ons thereof in manner as aforesaid,
Except that p[ar]te of the said messuage or Tenement in the occupac[i]on of the said Ann Taylor, w[hi]ch I doe hereby will and give to my daughter Elizabeth during her naturall life onely, w[i]th lib[er]tie to have and draw water at my said well, and after her decease to come to the said William Day and his heirs for ever.

It[e]m I doe will and give to my daughter Ann Barnacle and her heires for ever my messuage, w[i]th the Garden and Appurten[au]nces, in Dovor aforesaid, in the occupac[i]on of Widdow Hilles or her assignes.
It[e]m I doe will and give unto my Grandchild Thomas Barnacle five pounds of lawfull English monie, to be paid w[i]thin eight monthes after my decease by my Executo[urs].
It[e]m I doe will and give unto Susan Barnacle, Anne Barnacle and Sarah Barnacle, my Grandchildren, fortie shillings a peece, to be paid w[i]thin eight monthes after my decease by my Executo[urs].

It[e]m I doe will and give unto my daughter Elizabeth Woodgreene, during the terme of her naturall life, my two Tenem[en]t[es], w[i]th backside, garden and appurten[au]nc[es] thereunto belonging, scituate and being in the p[ar]ishe of St James the Apostle in Dovor, late Gourlyes,
And after the decease of my said daughter Elizabeth I doe will and give the same to my Grandchild Thomas Woodgreen and his heires for ever,
And I doe will and give to my Grandchildren Edmond Woodgreene, Thomas Woodgreene, Elizabeth Woodgreene, Susan Woodgreene, Isaac Woodgreene, and Mary Woodgreene, the su[m]me of fortie shillings a peece, to be paid by my Executo[ur] and imployed by him for their best benefitt till they severally come to the age of twenty one yeares or day of marriage, w[hi]ch shall first happen.

It[e]m I doe will and give to the Stocke of the Church or Congregation in Dovor whereof I am a member four poundes, to be paid w[i]th in eight monthes after my decease by my Executo[ur],
And to Mr John Davis and Mr Nathaniel Barrey, Ministers of the Gospell, I doe give twentie shillings a peece,
And to the Stocke of Bridewell in Dovor I doe will and give thirtie shillings, to be paid w[i]th in twelve monthes after my decease by my Executo[ur], towards the setting of the poore to work, and not to be imployed to anie other use.
Also I doe will and give to twentie poore widdowes in Dovor that be honest and religious twelve peence a peece, to be paid on St Thomases day next after my decease by my Executo[ur].

It[e]m I doe will and give unto my Sonne Robert Day one halfe of my householdstuffe and plate, and the other halfe thereof I doe will and give to my daughteres Anne and Elizabeth, to be equallie d[i]vided amongst them,

And all my houses, lands, goods and Chattells whatsoever unbequeathed I doe will and give unto my said Sonne Robert Day and his heires and assignes for ever, he and they paying out thereof, w[i]thin eight months after my decease, to my Grandchild Susan Day, daughter of my Son[ne] John Day, the su[m]me of twenty pounds of lawfull English monie, if she shalbe then living, and also paying all other my debtes and p[er]forming this my will in paying such legacies as I have herein appointed him to paie, and discharge my funerall expences.

And of this my last will and Testament I doe hereby make and ordaine my said So[n]ne Robert Day my full and sole Executo[ur], revoking all former Wills and Testamentes made by me.
Also I doe will and give unto my loveing friends Mr Will[iam] Cullen and Will[iam] Stratfold tenn shillinges a peece to buy each of them a paire of Gloves.

In witnes whereof I have hereunto sett my hand and seale.
Dated the twentieth Day of September A[nn]o D[o]m[in]i 1662 And in the fourteenth yeare of the raigne of o[ur] most gratious Soveraigne Lord King Charles that now is over England etc.
Tho: Day
Signed, sealed and published in the p[re]sence of
Will[iam] Stratfold Not[ary] Publ[ic] - Godwin Kennett

Whereas I, Thomas Day th’elder, w[i]thin named, by this my last Will and Testament, contayned in two sheetes of paper, have willed and given to my Grandchild John Day and his heires for ever my messuage or Tenement, w[i]th the appurten[au]nc[es], scituate and being in Dovor, in the occupac[i]on of Hester Willes, widdow,
For as much as the said John Day is sithince dead, I doe hereby will and give the same Messuage or Tenem[en]t, w[i]th the appurten[au]nc[es], unto my sonne Robert Day and his heires for ever, in such manner and under such termes and condic[i]ons as the same was given to my said Grandchild John Day,
Nev[er]thelesse charged w[i]th and oblidged to and for the paym[en]t of all and ev[er]ie the legacies contayned and menc[i]oned in my said will,
And this I desire may stand and be as parte of my Will, and I doe thereby ratifie and confirme all other bequeathes, gifts, Legacies, divises, and thinges conteyned in my said last Will and Testam[en]t.

In witnes whereof I have hereunto sett my hand and Seale the Sixteenth day of January Anno D[omi]ni 1662.
Tho: Day
Signed, sealed and confirmed in the p[re]sence of us
Ann Bryan - William Stratfold Not[ary] Publ[ic]

Probatum fuit Testam[en]tu[m] antescriptu[m] Thomę Day nup[er] dum vixit villę et Portus Dovor Cantuar[iensis] Dioces[is] defuncti 9o die Aprilis 1663o Coram M[agist]ro Thoma Swadling S[acre] T[heologię] professore Rectore eccl[es]ię p[ar]o[chia]lis Sancti Jacobi villę et Portus Dovor Cantuar[iensis] Dioces[is] Sub[stitu]to vigore Com[missio]nis ei inter al[io]s directę In p[rese]ntiis W[illiel]mi Stratfold at Godwini Kennett testium literatorum Juram[en]to Roberti Day filii etc dicti defuncti et Executoris etc Ac inde app[ro]batum etc Ac Co[m]missa fuit Administrac[i]o bonoru[m] etc d[i]c[t]o Executori prius jurato etc Salvo jure cujuscu[n]q[ue]

[The before-written will, of Thomas Day, late, while he lived, of the town and port of Dover, in the diocese of Canterbury, deceased, who died having etc goods etc in various dioceses or peculiar jurisdictions in the province of Canterbury, Was proved on the 9th day of April 1663, Before Master Thomas Swadling, Professor of Sacred Theology, Rector of the parish church of Saint James in the town and port of Dover in the diocese of Canterbury, Substitute, by force of a commission directed to him amongst others, In the presence of William Stratfold and Godwin Kennett, learned witnesses, By the oath of Robert Day, the son etc of the said deceased, and the executor etc, And approved in respect thereof etc, And administration of the goods etc was committed to the said executor, he having been first sworn etc. Saving the right of anyone whomsoever.]


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Will of Thomas Day
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