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Will of John Hodsoll

of Shermonbury, Sussex


Source: Prerogative Court of Canterbury 1628
Transcribed by Maureen Rawson
In the name of God Amen I John Hodsoll of Shermonburie in the Countie of Sussex gentleman being not well in bodie and consideringe the certaintie of death, and the certaintie of the time, and that the time of sicknes and weakenes is fitter to be imployed on meditating on heaven and heavenlie thinges than on the things of this world I have therefore thought fit to make my last will and testament for the settling and disposing of such earthlie estate as God of his great mercie hath bestowed me. And to that end and purpose I doe make and declare my last will and testament in manner and forme following
First I give and bequeath my soule to Allmightie God my maker and Creator stedfastlie hoping by and through the onlie and all sufficient merritte of Jesus Christ my redemmer to obtaine free pardon of all my sinnes. And my bodie I commit to the earth from whence it came to be buried in decent manner in the parish Church of Cowfould in the said Countie neere the place where my father there lieth buried with a stone or Monument to be there placed or sett upp in such manner as I have acquainted my Executors with.

Item I give and bequeath to the poore people of the parish of Shermonburie aforesaid three pounds
And to the poore people of the parish of Cowfould in the said Countie three pounds to be paid and distributed amongst them within one month next after my decease
Item I give and bequeath to Edmond Freeman sonne of Edmond Freeman and Bennett his wife my sister tenne poundes of lawfull money of England
Item I give and bequeath unto John Freeman my godsonne, sonne of the Edmond and Bennett one hundred and fiftie poundes of lawfull money of England
Item I give and bequeath to Alice Bennett and Elizabeth the daughters of the said Edmond Freeman and Bennett his wife to everie of them the said Alice Bennett and Elizabeth the daughters fower score poundes a peece
All which foresaid severall legacies I will shalbe paid unto the said children of the said Edmond Freeman and Bennett his wife at their severall ages of one and twentie yeares or daies of marriage first happening
And if anie or either of them shall happen to dye before the said legacie shalbe due and payable unto them as aforesaid that then the legacie of him her or them soe dying shalbe equallie devided and paid to the survivors of them at such times as their owne severall legacies shall growe due and payable
And my will and meaning is that if the said Edmond Freeman the father will and doe putt in such securitie to my Executors hereafter named as they shall thinke fit to paie the legacies to his said children in such manner as is before expressed that then I will my Executors shall paie unto the said Edmond Freeman the father soe much money as his said childrens legacies doth amount unto within one yeare next after the sale of the land hereafter mentioned, and thereupon my Executors to be thereof aquitted and discharged

Item I give and bequeath to John Sheffield sonne of Thomas Sheffield and Anne his wife my sister deceased fortie poundes of lawfull money of England
Item I give and bequeath to Anne and Martha daughters of the said Thomas Sheffield and Anne his wife to either of them the said Anne and Martha fower score poundes a peece of lawfull money of England
All which said severall legacies I will shalbe paid unto them at their severall ages of one and twentie yeares or daies of marriages first happening
And if either of them the said John, Anne and Martha Sheffield the children shall happen to die before his or her legacie shalbe due and payable unto them as is aforesaid then the legacie of him or her soe dying shalbe paid and equallie devided amongst the survivors or survivor of them at such time and times as his or her porcion soe surviving shalbe payable as aforesaid

Item I give and bequeath to my brother Norwood five shillings to be paid within sixe monethes next after my decease
Item I give and bequeath to Faith Norwood his daughter fowerscore poundes of like lawfull money to be paid unto her at her age of one and twentie yeares or daie of marriage first happening.
And if she happen to dye before the said time of payment of the legacie given unto her Then the said legacie shalbe paid and devided to and amongst the rest of the child and children of my said brother Norwood on the bodie of Katherine his wife my sister lawfullie begotten and to be begotten if she have anie at such time or times as the said child or children shall attaine their severall ages of one and twentie yeares or on their severall daies of marriage first happening, and if my said brother Norwood shall not then have living anie child or children by my said sister his wife, then the said legacie of fower score poundes given to the said Faith shalbe paid and equallie devided amongst the children of my sister Elizabeth hereafter mencionned at such times as the same childrens legacies hereafter mencioned shalbe due and payable unto them

Item I give and bequeath to William Scates and Elizabeth Scates, children of William Scates and of Elizabeth his wife my said sister deceased to either of them fower score poundes a peece of like lawfull money to be paid at their severall ages of one and twentie yeares or daies of marriage first happening And if either of them shall happen to die before the said time of payment then the legacie of him or her soe dyinge shalbe paid to the survivor of them at such time as his or her legacie soe surviving shalbe due and payable.
Item I give and bequeath to the child of my said sister Elizabeth deceased late wife of Printopp the some of twentie poundes of lawfull money to be paid at its age of one and twentie yeares or daie of marriage first happening

Item I give and bequeath to my brother in law and godsonne Richard Gratwicke sonne of my father in law John Gratwicke of Gervis the some of fiftie poundes of lawfull money to be paid unto the said John Gratwick his father within one yeare next after my decease to his said sonnes use, the said John Gratwicke putting in securitie by bond to my other Executor hereafter named to paie fiftie poundes to the said Richard at his age of one and twentie yeares or daie of marriage first happening, otherwise if not such securitie be putt in the said legacie shalbe paid to the said Richard at his said age or daie of marriage first happening

Item I give and bequeath to my sister Christian nowe wife of William Freeman two hundred poundes of lawfull money to be paid unto her within one yeare next after my decease
Item I give unto my said sister Christian one silver Spanish pott without a cover, one silver and guilt tankerd, and one of the silver bowles which I bought last to be delivered unto her within one moneth next after my decease

Provided allwaies nevertheless and my will and meaning is, that if Elizabeth my wief shall happen to be with child at the time of my death, and shalbe safelie delivered of anie child or children and the said child or children shall happen to live that then two parts in three parts to be devided of all and everie the legacies before hereby given shalbe voyd and of none effect, to the severall persons to whom the same is given And the said two parts in three parts to be devided of all and singular the said legacies before hereby given, shalbe paid unto the said child or children of which my saide wief shalbe delivered as aforesaid at its or their age of tenne yeares and in the meane time it to be maintained with the use and interest thereof

Item I give and bequeath to the said Elizabeth my loving wief all my househould stuffe plate other then my plate formerlie given to my sister Christian bedding and lynnen except onelie my bedstedle tables cupbordes and other wooden stuffe and the clocke nowe being in my nowe dwelling house which I will shall remayne in my said house where I dwell as standard to my said house and of which my said wife shall have the use during her lief
Item I give and bequeath unto my said wief all the provision for housekeeping which I shall have in my house at the time of my death both for meate and drinke and all the corne which shalbe then threshed and lyinge in my house. And also I give and bequeath unto my said wief my Clacke mare and my bald nagg and sixe of my hogge at her election

Item I give and bequeath to Andrewe Burrell of Deptford in the Countie of Kent fower poundes to buy him a ring
Item I give and bequeath unto my cosen Thomas Houghton of Maiefield in the County of Sussex five poundes to buy him a ring

All the residue of my goodes and chattells debts and creditts I give and bequeath unto the said John Gratwick my father in lawe and William Freeman my brother in lawe for and towardes the performance of this my will whom I make Executors of this my last Will and testament. And I give unto either of them for their paines herein fortie shillinges a peece over and above such other benefitt as will arise and come unto them by the receipt of rents and proffitts of landes hereafter mencioned
Provided allwaies and my will and meaning is, that my said Executors shall equallie receive my estate betweene them and shall from time to time equallie paie the same according to the true meaning of this my will. And that either of them my said Executors shall putt in good securitie by bond with sufficient sureties or by assurance of landes of a good and cleere title to the other of them before the Probate of this my will to receive but the one moitie or half part of my estate which I have appointed to come unto them as Executors of this my will or if they receive more to paie the same to the other of them upon the next accompt to be made betweene them. And alsoe to paie such of my estate as shall come to his handes by vertue of his Executorshipp in such manner as is lymitted and appointed in this my will. And if either of them my said Executors shall refuse or neglect by the space of one moneth next after my decease to putt in such securitie then his Executorshipp soe refusing or neglecting shalbe voyd, and the other of them which shalbe readie soe to doe the same shalbe whole Executor of this my last will and testament and shall take upon him the sole execution of this my will

And I will that once everie yeare my said Executors shall meete togeather (if they put in securitie each to other and joyne in the probat of this my will as aforesaid) and shall then accompt each to other of their receipts and payments by vertue of this my will. And if upon such accompt it appeare that either of them hath received more then the one half of my estate which before that time shall have come to their handes by vertue of this my will then he which hath soe received more then one half shall paie the overplus soe by him received to the other of them at the time of the making of such accompt. And if upon the making of such accompt it appeare that either of my said Executors hath paid more then the one moitie or half part of my debts or legacies soe before that time paid and discharged then the other of them shall repaie unto him at the time of making such accompt soe much money as he hath soe paid more then the one half of my debts and legacies as aforesaid.
And my will and meaninge is that neither of my said Executors shalbe charged or chargable with anie some or somes of money which the other of them shall receive by vertue of this my will. And either of them shall stand charged with soe much onlie as shall come to his handes by vertue of this my will.

Item I give and bequeath to Thomas Hudson Clarke Vicar of Cowfould fortie shillings to buy him a ring.
Item I give to Widdowe Daniell of Chickwell in the Countie of Essex twentie shillings.
Item I give and bequeath to Henrie Gratwicke my late servant fortie shillinges.
And to John Brooker my servant three poundes of lawfull money of England
to be paid unto them within one yeare next after my decease.

And whereas John Hodsoll gentleman my father deceased by his last will and testament gave unto John Scates sonne of William Scates and Elizabeth his wief my sister, the somme of one hundred poundes to be paid unto him at his age of one and twentie yeares, and made the foresaid John Gratwicke my father in lawe and Thomas Sheffield Executors of his said last will who proved the same and tooke upon them the execution thereof, and after delivered the said hundred poundes into my handes to be by me paid to the said John Scates at the time lymitted by my said fathers will, Nowe I doe hereby will and appoint my said Executors to paie out of my estate which shall come to their handes, one hundred poundes to the said John Scates at such time as is lymitted by my said fathers will for payment thereof in satisfaccion and discharge of the said legacie thereby to him given as aforesaid.

This is alsoe the last will and testament of me the said John Hodsoll concerning the disposicion of my landes and tenements.
Imprimis whereas I have a Condiconall estate by waie of mortgage to me and my heires and assignes of and in a certaine Messuage and landes called Bakers lying in Stansteed in the Countie of Kent by the graunt of John Hodsoll of Stansteed in the said Countie of Kent, by Indenture bearing date the nyneteenth daie of October in the second yeare of the raigne of the Kinge Ma’tie that nowe is, and inrolled in the Court of Common Pleas at Westminster upon condicion for the payment of severall somes of money to me my Executors or assignes on severall daies therein mencioned, Nowe I doe hereby give and bequeath unto the aforesaid John Gratwicke and William Freeman my Executors and their heires the said messuage and landes called Bakers and all my right and title in and to the same and alsoe the money in and by the said condicion mencioned to be paid upon this trust and confidence notwithstanding that the said John Gratwicke and William Freeman and their heires and assignes shall stand and be seised of the said Messuage and premisses to and for the use and behoofe of all the children of the said John Hodsoll of Stansteed and of the heires of the said children if the said condicion be not performed. And if the money be paid unto the said John Gratwicke and William Freeman or to either of them or to the Executors Administrators or assignes of the Survivor of them according to the said condicion then I will that they shall paie and devide the same money to and amongst the said children of the said John Hodsoll of Stansteed in such manner as they the said John Gratwicke and William Freeman or the executors or assignes of the survivor of them shall thinke fitt

Provided nevertheles, and my will and meaning is, that the said John Hodsoll of Stansteed shall upon request to him made make seale and deliver indue forme of lawe a good and sufficient Release of all his right title and demannd? of in and to all and singuler my landes tenements and hereditaments situate lying and being in Stansteed and Ashe in the said Countie of Kent nowe in the occupacion of Thomas Lake and his assignes to such person or persons, and his her and their heires to whom by this my will I shall give the same.

And if the said John Hodsoll of Stansteed shall refuse to make seale and deliver such Release upon as aforesaid then I will that the said John Gratwicke and William Freeman and their heires shall stand seised of the said Mortgaged Messuage and landes if it be forfeited and shall receive the money by the said condicion due and payable if it be paid, for and towardes the performance of this my will, and the guift and bequest thereof before lymitted for the good and benefitt of the children of the said John Hodsoll of Stansteed shalbe voyd and of none effect. Item I give and bequeath unto the said John Gratwicke and William Freeman and their heires one Annuitie or yearlie rent of tenne poundes of lawfull money of England to be yssuing out of all that my messuage landes tenements and hereditaments with the appurtenances situate lying and being in the parishes of Stansteed and Ashe aforesaid or in either of them nowe in the occupacion of the said Thomas Lake and his assignes payable yearelie at the feaste of the Annunciacion of the blessed virgine Marie, and St Michaell the Archangell by equall porcions the first payment thereof to begin on such of the said feast daies as shall first happen next after my decease To have and to hould said Annuitie or yearelie rent of tenne poundes to the said John Gratwicke and Willm Freeman and their heires for and during the naturall lief of Katherine Norwood my sister upon trust and confidence that they the said John and William and their heires shall from time to time paie and discharge the said yearelie rent of tenne poundes as they shall receive the same to and for the good and benefitt of my said sister Katherine and her children in such manner as they the said John and William or their heires shall thinke fitt. And if it shall happen the said yearelie rent of tenne poundes to be behinde and unpaid by the space of one and twentie daies next after anie feast daie on which the same ought to be paid that then and soe often it shall be lawfull to and for the said John Gratwicke and William Freeman and their heires into my foresaid messuage and landes in the occupacion of Thomas Lake and his assignes to enter and distraine and the distresse and distresses there found to leade drive and carrie awaie, and the same to impound detayne and keepe untill the said yearlie rent with the arrerages thereof (if anie be) shalbe unto them the said John and William and their heires fully satisfied and paid.

Item I give and bequeath unto the said Elizabeth my wief for increse of her Joincture all my said Messuage landes and tenements with thappurtenances situate and being in Stansteed and Ashe aforesaid nowe in the occupacion of the said Thomas Lake and his assignes, and all other my landes and tenements lying and being in the said Countie of Kent to have and to hould to the said Elizabeth my wife duringe her naturall lief Subject notwithstanding to the said yearelie rent of tenne poundes duringe the lief of my said sister Katerine Norwood
and after the decease of the said Elizabeth my wief I will give and bequeath the same landes and premisses to the heires males of my bodie on the bodie of the said Elizabeth my wief lawfullie to be begotten.
And for want of such heires males I give and bequeath the same landes and premisses to the foresaide John Gratwicke and William Freeman my Executors To have and to hould to them and their heires imediatlie from and after the death of my said wief untill they shall have leavied and received out of the rents and proffits thereof the some of one hundred and threescore poundes of lawfull (money) of England,
which saide hundred and threescore poundes soe by them to be received I will shalbe paid to the children of my uncle Thomas Hodsoll vid’lt William, Stephen, Henrie and Elizabeth equallie to be divided betweene them and to be paid unto them at their severall ages of one and twentie yeares, if the money shalbe soe soone received out of the rents and profitts aforesaid. And if they shall attaine their said ages of one and twentie yeares before the said money shalbe received out of the rents and profitts aforesaid, then I will their said severall parts shalbe paid unto them within sixe monethes next after the receipt thereof by my Executors as aforesaid, the eldest to be first paid, and soe one after another as they shalbe in senioritie of age and birth.

Item I give and bequeath my foresaid messuage landes and premisses lying in Stansteed and Ashe aforesaid and elsewhere in the Countie of Kent imediatelie from and after the death of my said wief without heire male of my bodie on her bodie lawfullie begotten And from and after the leavying of the saide Clx’li. [160 pounds] by my said Executors as aforesaid to John Hodsoll my godsonne sonne of Will’m Hodsoll gentleman my cosen, and to the heires of the bodie of the said John Hodsoll my godsonne.
And for want of such yssue to my brother in lawe Ockenden Gratwicke and the heires of his bodie lawfullie to be begotten.
And for want of such yssue to my brother in lawe Thomas Gratwicke and his heires for ever.
Provided allwaies notwithstanding and my will and meaninge is that the said Ockenden Gratwicke or the heires of his bodie, or the said Thomas Gratwicke or his heires to which of them the said messuage landes and premisses shall first come by vertue of this my will shall paie or cause to be paid to John Freeman my godsonne sonne of the aforesaid Edmond Freeman and Bennett his wief my sister, the somme of three hundred poundes of lawfull money of England within seaven yeares next after the said messuage landes and premisses shall come unto them the said Ockenden Gratwicke or Thomas Gratwicke by vertue of this my will as aforesaid if he the said John Freeman my Godsonne shalbe then living,
and if he shall be then dead, then the said Ockenden or Thomas Gratwicke their heires or assignes shall paie within the time aforesaid CL li. [150 pounds] of lawfull money of England to the children of the said John Freeman if he have anie livinge, Then the said one hundred and fiftie poundes shalbe paid within the time aforesaide to all other the children of my said sister Bennett other then those to whom legacies are before herein given if she have anie other child or children equallie to be devided betweene them. And if she have noe other child or children then the said CL li. to be paid within the time aforesaid to all the children of my said sister Bennett before herein mencioned if they be livinge or to the survivors or survivor of them equallie to be devided betweene them.

And I will and appoint that the said John Freeman my godsonne shall have and take the moitie or half part of the rents yssues and proffits of the said messuage landes and premisses lyinge and being in Stansteed and Ashe aforesaid and elsewhere in the said Countie of Kent from the time that the same shall come to the said Okenden Gratwicke or Thomas Gratwicke by vertue of this my will as aforesaid if the said John Freeman be then living untill the time of payment of the said some of three hundred poundes to him the saide John Freeman as aforesaide if he live soe longe otherwise the children of the saide John Freeman if he have then anie, or otherwise those who by the true meaninge of this my will are to receive the foresaid some of one hundred and fiftie poundes shall have and take the moitie or half part of the rents yssues and proffitts of the said messuage landes and premisses, from the time aforesaid untill the time of payment of the said some of CL li. as aforesaid.
And if default of payment shalbe made of the said three hundred poundes or of the said Cl li. contrarie to the true meaninge of this my will Then I will the moitie or half part of the foresaide messuage landes and premisses lying in Stansteed and Ashe aforesaid and elsewhere in the Countie of Kent to the said John Freeman and his heires forever, if he be lyvinge at the time when the said three hundred poundes ought to be paid unto him and the same be not paid as aforesaid
And if he shalbe then dead, then I will the said moitie or half part of the said messuage landes and premisses, for default of payment of the said some of one hundred and fiftie poundes as aforesaid to such person or persons and his her or their heires and assignes to whom the said CL li. by the true meaninge hereof ought to be paid as aforesaid.

And I further will that the said Ockenden Gratwicke or Thomas Gratwicke which of them shall have and injoye the said messuage and premisses by vertue of this my will shall paie the some of twentie poundes of lawfull money of England to (blank) Hodsoll sonne of my cosen Henrie Hodsoll one of the yeomen of his Maijesties Guard w’ch nowe liveth at Ashe in the Countie of Kent with my cosen Henrie’s owne mother within two yeares next after they the said Ockenden or Thomas shall have and injoye the said messuage landes and premisses by vertue of this my will as aforesaid if the said Hodsoll sonne of my cosen Henrie Hodsoll shalbe then livinge

Item whereas John Hodsoll gentleman deceased my father and my self did heretofore make a joincture to and for the said Elizabeth my wief during her lief of and in certaine landes called Long Dowsetts and Northovers contayninge in all by estimacion one hundred and tenne acres lyinge in the parishes of West Grenesteede and Stanning in the said Countie of Sussex, Nowe my will and desire is that the same landes shall be sould for the purposes hereafter expressed. And to that ende and purpose and in lieu and satisfaccion of the said former Jointure I will give and bequeath unto the said Elizabeth my wief during her lief, all that messuage wherein I nowe dwell with all the gardens, orchards closes, backsides landes and tenements thereunto adjoyning and belonginge or therewithall used with thappurtenances commonlie called Wymarke and Puckney contayninge in all by Estimacion threescore acres be it more or lesse situat lying and being in the parish of Shermonbury aforesaid and nowe in my owne occupacion togeather with libertie and power for her and her assignes to have and take in and upon the said premisses competent timber for reparacions of the saide messuage and premisses, and eight cords of wood yearlie for firewood to be spent in the said messuage, and to be taken and cutt of the topps of trees and hedgrowes in and upon the said premisses making noe waste or spoile.
And my will and desire is that my said wief shall from time to time during her lief repaire and maintaine the said messuage and premisses in all necessarie reparacions.
Provided and my will and meaning is that my said wief shall upon request to her made by the said John Gratwicke and William Freeman within sixe monethes next after my decease graunt and convey to the said John Gratwicke and William Freeman or to such other person or persons as they shall appoint all her right estate title and interest of in and to the foresaid premisses called Dowsetts and Northovers to the intent the same maie be sould as aforesaid. And if my said wief shall refuse soe to doe, then my will and meaning is that my said guift unto her of my saide messuage and premisses lying in the Countie of Kent and the said messuage and premisses in my owne occupacion lying in Shermonburie aforesaid shalbe voyd.
And that then from and after such her refusall the said John Gratwicke and William Freeman and their heires shall have hould and injoye my said messuage and landes lying in the Countie of Kent And my said messuage and landes in my owne occupacion lyinge in Shermonburie aforesaid, and the rents yssues and proffitts thereof shall receive and take during the lief of my said wief for and towards the performance of this my will.

Item I give full power and authoritie to the said John Gratwicke and William Freeman and to the survivor of them to graunt bargaine and sell my foresaid landes and tenements with thappurtenances called Dowsetts and Northovers to anie person or persons and his or their heires at and for the best price they cann within such convenient time after my decease as they shall or the survivor of them shall thinke fitt. And I will that they shall receive and take the rents and proffitts thereof from the time of my death untill they or the survivor of them graunt bargaine and sell the same as aforesaid. And my will and meaning is that the money by them received out of the rents and proffitts thereof and out of the sale thereof as aforesaid, shalbe by them paid for and towards the performance of this my will.

Item I will that my said Executors shall have hould and injoye all my landes called Durstones contayninge by estimacion thirtie acres lying in the parish of Westgrenested (West Grinstead) aforesaid and the rents and proffitts thereof, shall take and shall cutt take and fell the woodes thereon growing if they thinke fitt for and towardes the performance of this my will for and duringe soe longe time and untill my said Executors shall out of the rents and proffitts thereof and the sale of the said wood (togeather with other thinges before hereby willed unto them for that purpose) receive and leavie sufficient money to paie my debts and legacies and to defraie other charges about performance of this my will, howbeit my will and meaninge is, that if at anie time hereafter all and anie my landes and tenements lyinge in the Countie of Kent shalbe lawfullie evicted and recovered from my said wief, that then I will from the time of recoverie or eviccion thereof from her as aforesaide my saide wief shall have and injoye my said landes and premisses called Durstones for and duringe the terme of her naturall lief for and in lieu and recompence thereof.

Item I give and bequeath the foresaid messuage and premisses called Wymarks and Puckney and the said premisses called Durstons from and after the death of my wief to the first begotten sonne of my bodie on the bodie of the said Elizabeth my wief lawfullie begotten and to be begotten and to the heires of the bodie of such first begotten sonne lawfullie to be begotten.
And for want of such yssue then I will and bequeath the same to the said John Gratwicke and William Freeman their Executors and administrators for and during the terme of threescore yeares from thence next ensuing for and towardes the performance of this my will Determinable notwithstandinge upon the birth of a sonne of the bodie of my said sister Christian lawfullie to be begotten or upon the death of my said sister without such a sonne which of them shall first happen.
And if my said sister Christian shall have a sonne of her bodie lawfullie begotten then I will the said messuage and premisses called Wymarks and Puckney and the said premisses called Durstones with thappurtenances to such her sonne and the heires of his bodie lawfullie to be begotten.
And for want of such yssue to the foresaide Richard Gratwicke my brother in lawe and godsonne and the heires of his bodie lawfullie to be begotten. And for want of such yssue to John Gratwicke the younger brother of the said Richard and his heires forever.
And if the said devise of the saide messuage and premisses for threescore yeares shall determyne as aforesaide, yett nevertheles my will and mynde is that the said John Gratwicke the elder and William Freeman shall receive and take the rents yssues and proffitts of all my said landes called Durstones according to the devise thereof to them before herein lymitted for leavyinge sufficient money to pay my debts and legacies and other charges about performance of this my will.

Provided nevertheles and upon Condicion that if my said sister Christian shall happen to dye not having anie sonne lyving at the time of her death, or having then a sonne living, the said sonne shall after happen to dye without yssue of his bodie and she the said Christian shall have a daughter or daughters then lyving on her bodie lawfullie begotten other then Alice the daughter which she nowe hath, by reason whereof the saide messuage and premisses called Wymarks and Puckney and Durstones by the true meaninge of this my will shall come to the said Richard Gratwicke and the heires of his bodie.
And for want of such yssue to the said John Gratwicke the younger and his heires.
Then my will and meaninge is that the said Richard Gratwicke or the heires of his bodie or the said John Gratwicke the younger or his heires which of them shall first injoye and have the said messuage and premisses by vertue of this my will shall paie or cause to be paid to the said daughter or daughters of my said sister Christian if she have anie other then the said Alice her nowe daughter at the age or ages of one and twentie yeares of such daughter or daughters or daie or daies of marriage first happening after the death of the said Christian without a sonne then lyving and having a sonne then lyving, and after dyinge without yssue of his bodie as aforesaide the somme of two hundred poundes of lawfull money of England equallie to be devided betweene them. And if the said daughter and daughters shall attaine her or their age or ages of one and twentie yeares or shalbe married in the lief time of the said Christian then the said two hundred poundes to be paid to the said daughter or daughters within one yeare next after the premisses shall come to them the said Richard or John Gratwicke the younger by vertue of this my will as aforesaid and not before. And if default of payment thereof shalbe made contrarie to the true meaning of this my will, Then I will the said messuage and premisses to the said daughter or daughters to whom the said two hundred poundes shall have benne paid, and to their heires for ever.

And if my said sister Christian shall have noe sonne living at the time of her death or having a sonne then living which shall after dye without heires of this bodie as aforesaid and shall have noe other daughter at the time of her death than the said Alice her nowe daughter, then I will the said Richard or John Gratwicke the younger which of them shall first come to have the said premisses by vertue of this my will as aforesaid shall paie one hundred poundes of the said two hundred poundes to the said Alice Freeman the nowe daughter of my said sister Christian and one other hundred poundes residue of the said two hundred poundes to the foresaid Andrewe Burrell within one yeare next after the said Richard or John Gratwicke the younger shall hould and injoye the premisses by vertue of this my will as aforesaid.

Item I give and bequeath unto John Scates sonne of the foresaid William Scates and Elizabeth his wief my sister deceased and to the heires and assignes of the said John, all those my two messauges and backsides with th’appurtenances scituat and being in the parish of Barkinge in the Countie of Essex nowe in the occupacion of my brother Printopp and his assignes, soe as the said John Scates doe upon request make seale and deliver unto my Executors a Release in such manner as is hereafter Expressed

And whereas I have an estate of Inheritance according to the Custome of the Mannor of and in an Orchard and a Barne situate in Barking aforesaid neere my foresaid two messuages and backsides, I will that such person or persons to whom the said orchard and barne shall discend and come after my decease as my heire or heires according to the custome of the Mannor shall at his, her or their age or ages of one and twentie yeares upon request made lawfullie surrender the said orchard and barne with th’appurtenances to the use of the said John Scates and his heires according to the custome of the said Mannor. And if my said heire or heires shall refuse to Surrender the same as aforesaide Then I will that the legacie and legacies before in this my will given unto him, her or them soe refusinge to surrender the same, shalbe utterlie voyd and of none effect to him, her or them soe refusinge to surrender the said orchard and barne as aforesaid, and that then his, her or their legacie or legacies soe refusinge shalbe paid to the said John Scates his executors or assignes within one yeare next after such refusall as aforesaid.

And I will that my foresaid executors shall have hould and injoye the foresaid messuages or backsides and premisses given to the said John Scates, and the rents and proffitts thereof shall receive and take from the time of my death untill the age of one and twentie yeares of the said John Scates and shall with the rents and proffitts thereof during that time repaire the said messuages and premisses and paie the Overplus thereof to the said John Scates at his said (age) of one and twentie yeares, soe as the said John performe the condicion hereafter expressed, Provided allwaies nevertheles that the said John Scates shall upon request to him made by my Executors or either of them at or after his age of one and twentie yeares make, seale and delivber in due forme of lawe unto my said executors a good and sufficient release and discharge of and for all such rents and proffitts which I have received out of and for the landes & tenements of him the said John Scates lying in Barking aforesaid since the death of his saide father and of his mother being of a smale value, And if the said John Scates shall refuse or neglect to make such release or discharge to my executors upon request to be made as aforesaide then I will my foresaid guift to him and his heires of the aforesaide two messuages and backsides with th’appurtenances and my lymittacions of the surrender to be made to him and his heires of my foresaid Coppihould orchard and barne shalbe voyd and of none effect. And then I will the foresaid two messuages and backsides with th’appurtenances scituate in Barking aforesaid to the said John Gratwicke th’elder and William Freeman my Executors their heires and assignes forever.

And then I will my heire or heires accordinge to the Custome of the foresaid Mannor shall at his, her or their age and ages of one and twentie yeares lawfullie surrender the said orchard and barne with their appurtenances to the use of the said John Gratwicke th’elder and William Freeman and their heires according to the custome of the said Mannor in such manner and under the like penaltie to be forfeited and paid to my said executors as they soe refusing to surrender as aforesaid should have donne to the said John Scates and his heires as aforesaid.

And I will and appoint that such of my sisters as shalbe lyving after my decease and the heire or heires of such of my sisters as shalbe dead shall upon request to them severallie and respectivelie to be made by my executors or either of them make seale and deliver to such person or persons as my said executors or either of them shall nominate and appoint, and to the heires and assignes of such person or persons a good and sufficient release or releases or other reasonable and sufficient discharge or discharges in lawe of all their and everie of their estate, right, title, interest and demand of in and to my foresaid landes and tenements with their appurtenances called Long Dowsetts and Northovers before herein appointed to be sould, the said releases or other sufficient discharges to be made and donne at the costs and charges in lawe of my said executors or of such person or persons as they or either of them shall nominate and appoint as aforesaid

And if all or anie or either of my said sisters which shalbe then lyving or the heire or heires of anie or either of my said sister or sisters which shalbe then dead or anie or either of them shall refuse or neglect to make seale and deliver such releases or other sufficient discharges as aforesaid Then I will the legacie & legacies and all and everie other guift and benefitt before herein given willed and bequeathed to him, her and them soe refusinge or neglecting and the legacie and legacies and everie other guift and benefitt before herein given willed and bequeathed to the children of my said sister and sisters then living and soe refusing or neglecting to doe the same shalbe utterlie voyd and of none effect.

And my will and meaninge is that if after the payment of my debts and legacies and performance of this my will anie money shall remaine in the handes of my said Executors which they have received by vertue of this my will, Then I give and bequeath the same to my said executors equallie to be devided betweene them, but if either of my executors doe refuse or neglect to putt in such securitie to the other of them for performance of this my will as aforesaid whereby one of them shall take upon him the sole Executorshipp, then I give the said overplus which shall remaine after the payment of my debts and legacies and performance of this my will to him which shall soe prove the same, and take upon him the sole Executorshipp thereof as aforesaide.

In wittness whereof I the said John Hodsoll of Shermonburie have to everie sheete of paper hereof being twentie sheetes in number, subscribed my name and to all of them togeather sett my seale dated the Eleaventh daie of June in the fowerth yeare of the raigne of our Soveraigne Lord Charles by the grace of God King of England etc. and in the yeare of our Lord god 1628 – John Hodsoll.
Published subscribed and sealed the daie of the date hereof, in the presence of us
Tho. Houghton – Edmund Freeman – Henrie Stone – William Greentree

Probatum at London 25 November 1628 to Johannis Gratwicke and William Freeman Executors.

Note: Manor of Stanstead LDS film 1850485 - Court Rolls 21 Jan 1618/9
- of John Hodsoll son & heir of Robert Hodsol for Bakers for 2 years ended Mich's 1618(?) at xviii shillings per annum - xxxvi shillings
- of Thomas Hodsoll by Thomas Merell for the quit rent of his lands holden of Easine? Manor for 2 years ... at xviii sh per ann. - xxxvi shillings
- of John Hodsoll son & heir of John Hodsoll by Thomas Lake his farmer for 2 years... xxxvi shillings
- of him for Paynes for 2 years ended as aforesaid - iiii shillings


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Will of John Hodsoll
Created by Maureen Rawson