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Will of Henry Impett

of Elmsted, Kent


Source: Archdeaconry Court of Canterbury PRC17/Vo69/Fo261, 1634
Transcribed by Mike Cozens
IN THE NAME OF GOD AMEN The seven and twenty day of December in the year of the reign of our most gracious sovereign Lord Charles by the grace of God of England Scotland France and Ireland King defender of the faith etc. the eight. I Henry Impett of the parish of Elmsted in the County of Kent Yeoman being sound both in mind and memory thanks be given to almighty God therefore do make and declare my testament and last will in manner and form following Viz.
First I give and bequeath my soul into the hands of almighty God hoping assuredly through the merits and passion of Jesus Christ of remission of all my sins. And my body to the earth to be buried in decent and Christian like manner of burial at the discretion of my Executor hereinafter named.

Item I give and bequeath unto the preacher who shall preach at my funeral twenty shillings.
Item I give and bequeath unto the poor of the parish of Elmsted aforesaid the sum of six pounds of lawful money of England to be paid by my executor into the hands of the Churchwardens and overseers of the parish poor of the said parish to remain as a stock for the poor of the said parish forever and the profit thereof to be yearly distributed amongst them according to the distribution of the Churchwardens and Overseers of the said parish for the time being.

Item I give and bequeath unto the two daughters of John Impett my son deceased to each of them five shillings to be paid unto them and either of them within one quarter of a year after my decease by my executor

Item I give and bequeath unto Stephen Impett my son my bestead and bed furnished being in the chamber wherein I now lodge during his life and after his decease I give the same to Peter Impett son of the said Stephen and his assigns

Item I give and bequeath unto my day woman servant and maidservant which shall be dwelling with my said son Stephen Impett at the time of my decease the sum of six shillings and eight pence apiece to be paid unto them and each of them within one month after my decease by my executor

Item I give and bequeath unto John Beane and George Beane my Grandchildren ten shillings apiece to be paid unto them within one year after my decease by my executor

Item whereas Elizabeth Impett and Jane Impett my Grandchildren do owe unto me twenty pounds which twenty pounds I give and bequeath unto Edward Cloke my son in law and to his assigns to be paid by my executor at such time as the said Edward is to pay the heirs of Sampson Maxted for a messuage and lands bought of the said Sampson by the said Edward.

I give and bequeath unto Henry Impett and Thomas Impett my sons and to either of them the sum of twenty six pounds and thirteen shillings and four pence to be paid unto them and either of them or their or either of their assigns within two years after my decease

Whereas John Dunkin of Elmsted aforesaid doth owe unto me the sum of fourscore pounds of lawfull money of England my will is that he shall pay unto my Executor but 12 pence in the pound for a year for every pound thereof until my decease

The residue of all my goods and chattels whatsoever I wholly give and bequeath unto Stephen Impett my son towards the payment of my legacies and make and ordain the said Stephen sole executor of this my testament and will

THIS IS THE TESTAMENT AND LAST WILL of me the aforesaid Henry Impett made and declared the day and year above written touching and concerning the disposition of all my lands and tenements and hereditaments whatsoever within the said county of Kent. First I give and bequeath unto Stephen Impett my son one messuage wherein he now dwelleth barn stable and all other the edifices and buildings thereunto belonging and all lease lands thereunto appertaining with all and singular their appurtenances which I purchased of Stephen Impett deceased situate lying and being in the several parishes of Elmsted aforesaid and Stowting in the said county of Kent. Except the north part of a parcel of land parcel of the premises containing by estimation four acres commonly called by the name of the New Croft lying in Elmsted aforesaid.
Also I give and bequeath unto my said son Stephen Impett all the lands whatsoever with appurtenances aforesaid which I purchased of Sir Thomas Hardres being lying in Elmsted aforesaid and one parcel of land called Cobbs Croft lying in Elmsted aforesaid and one acre of land more or less lying upon the Heath which I purchased of Robert Philpott and also one acre of woodland more or less with appurtenances called Woodcock Grove lying in Elmsted aforesaid to have and to hold all and singular the premises with their and every of their appurtenances (except before excepted) unto the said Stephen Impett and his assigns for and during his natural life. And after his decease I give and bequeath the same unto Peter Impett son of my said son Stephen and his heirs forever. Provided always and my will is that Henry Impett my son shall & may have all the wood and timber which shall be growing upon the said parcel of land called Woodcock Grove at the time of my decease and free liberty one whole year after my decease to fell cut down and carry away the same.
Also my will is that if Mary now wife of my said son Stephen Impett shall survive and outlive the said Stephen Impett my son then I do hereby give and bequeath unto the said Mary one annuity or yearly rent of ten pounds of lawful money of England issuing and going out of all and singular the lands and tenements with appurtenances aforesaid given and bequeathed unto the said Stephen Impett and Peter Impett and the heirs of the said Peter to have and to hold the said annuity or yearly rent of ten pounds by the year unto the said Mary and her assigns for and during the term of her natural life ( so as she remain a widow and unmarried ) at two feasts or terms in the year. That is to say at the feast of the Annunciation of our blessed Lady Mary the virgin and St Michael the Archangel by even and equal portions to be paid. The first payment thereof to be made at the first of the feasts aforesaid which shall next happen the decease of the said Stephen Impett my son. And if it shall happen the said annuity or yearly rent of ten pounds or any part thereof to be behind and unpaid in part or in all over or after either of the said feast in which it ought to be paid that then and from thereafter it shall and may be lawfull to and for the said Mary and her assigns into the said messuages and premise s with appurtenances or into any part or parcel thereof with appurtenances to enter and distrain. And the distress and distresses so taken to withhold detain and keep until the said Mary and her assigns shall be fully satisfied and paid the said annuity or yearly rent. Provided always that if the said Peter Impett my grandchild do fortune to decease this life before Stephen Impett his father then I give and bequeath all my lands and tenements before mentioned with appurtenances (except before excepted) unto the said Stephen Impett my son his heirs and assigns for ever.

Item whereas my said son Stephen Impett hath taken into his hands and possession one hundred pounds of lawfull money of England being the proper money of me the said Henry Impett he hath lent unto Thomas Sharpe of Brabourne and hath taken a mortgage of late out of his lands for the same out of which hundred pounds my will is that Stephen Impett my son shall pay into the hands of my said son Henry Impett the sum of twenty and five pounds of lawfull money within three years after my decease to and for the use of Henry Impett and Jane Impett children of my said son Henry equally to be divided between them. And I do desire my said son Henry to put the same forth for the best advantage and benefit for them and to pay the same with the profit thereof unto them and either of them at their several ages of one and twenty years

Item I give and bequeath out of the said sum of one hundred pounds (in the hands of my said son Stephen) unto Katherine Impett and Rose Impett to either of them five and twenty pounds of lawfull English money to be paid unto them and either of them within one quarter of a year after they or either of them shall accomplish their several ages of one and twenty years. Nevertheless my will is that whereas my said son Stephen Impett hath purchased of Mr Josias Cloke one piece of land called the Hoath lying in Stowting aforesaid and hath named the said Katherine Impett and Rose Impett as his daughters purchasers therein with him my will is that the said Katherine and Rose shall pass and convey over all their interest & right in the said piece of land called the Hoath unto the said Peter Impett and his heirs forever by such conveyancing and assurances as his counsel shall advise when they and other of them shall come to their several ages of one and twenty years. The said Peter Impett or his assigns requiring the same within three months after their said several ages of one and twenty years and if they or other of them shall refuse to pass and convey over the part and interest in the said parcel of land called the Hoath unto the said Peter and his heirs -- in and aforesaid. Then my will is that they and either of them so surviving shall lose the said legacy of five and twenty pounds. And then I give the same to the said Peter and his assigns.

Item I give and bequeath unto the said Stephen Impet my son and Mary his wife my messuage or tenement with appurtenances situate being in Canterbury which I purchased of Thomas Jones to have and to hold to them and their assigns during their natural life and after their decease and decease of the long liver of them to the said Peter Impett his heirs and assigns forever

Item I give and bequeath unto the said Peter Impett and his heirs forever one annuity or yearly rent charge of thirty three shillings and four pence issuing out of the lands and tenement of the said Richard Ford of Stowting

Item I give and bequeath unto Henry Impett my son all that my messuages or tenement barn stable and all the lands meadows pastures and woods whatsoever thereunto belonging with all and singular their appurtenances which I have purchased of William Bullfinch, Stephen Hunt and Mary his wife and Robert Philpott or of either of them (except one parcel of land thereof called Woodcock Grove one acre more or less lying and being upon the Heath and one piece of land called Cobbs Croft with appurtenances) to have and to hold unto the said Henry my son and his assigns for and during his natural life and after the decease of the said Henry my son I give and bequeath the same with appurtenances unto Henry Impett son of my said son Henry his heirs and assigns forever. And if fortune that the said Henry my grandchild to decease before Henry Impett my son then I give and bequeath all the said lands and tenements with appurtenances before bequeathed unto the said Henry my son his heirs and assigns (except before accepted) unto my said son Henry Impett his heirs and assigns forever. Provided always and my will is and I do hereby give and bequeath unto Jane now wife of my said son Henry one annuity or yearly rent of eight pounds of lawful money of England (if she fortune to survive and outlive the said Henry my son ) issuing and going out of all my lands and tenements with appurtenances before in this my present will given and bequeathed unto Henry my grandchild. To have and to hold the said annuity or yearly rent charge of eight pounds by the year unto the said Jane or her assigns during her natural life (so as she remain a widow and unmarried) at the feasts or terms in the year. That is to say at the feasts of the Annunciation of our blessed Lady Mary the virgin and St Michael the Archangel by equal and event portions. The first payment thereof to be made at the first of the feasts aforesaid that next happen after the decease of my said son Henry. And if it shall happen to be behind or unpaid in part or in all and or after either of the said feasts of payment then it shall be lawfull to and for the said Jane and her assigns to enter and distrain in and upon the lands and tenements with appurtenances before bequeathed to the said Henry my son and unto Henry his son and his heirs forever. She the distress to withhold detain and keep until she shall be fully satisfied contented and paid

I give and bequeath unto Henry Impett my son his heirs and assigns forever one annuity or yearly rent of four pounds and fifteen shillings by the year which I have issuing out of the lands and tenements of John Philpott situate being and lying in Elmsted aforesaid

Item I give and bequeath unto Thomas Impett my son all that my messuages or tenements barn stable and the lands meadows pastures and woods whatsoever with their appurtenances situate lying and being in Lyminge and Elmsted which I purchased of Michael Don. Also I give and bequeath unto my said son Thomas the North part of the parcel of land called New Croft as it is now fenced all with lands and tenements with appurtenances last before mentioned I give and bequeath unto my said son Thomas Impett and to the heirs male of his body lawfully to be begotten. And for default of such issue I give and bequeath the same unto Peter Impett son of my son Stephen and to his heirs male of his body lawfully to be begotten. And for default of such issue I give and bequeath the same unto Henry Impett son of my said son Henry and to the heirs male of his body lawfully to be begotten. And for default of such issue I give and bequeath the same unto the right heirs of me the said Henry Impett forever. Provided always and my will is and I do truly give and bequeath unto Katherine now wife of the said Thomas Impett my son (if she fortune to survive and outlive the said Thomas her husband) one annuity or yearly rent charge of four pounds of lawfull money of England issuing and going out of all and singular the lands and tenements with appurtenances which I have by this my will as aforesaid given and bequeathed unto my said son Thomas to have and to hold the said annuity or yearly rent of four pounds by the year unto the said Katherine and her assigns during her natural life (so as remains a widow & unmarried) at two feasts or terms in the year. That is to say at the feast of the Annunciation of our blessed Lady Mary the virgin and St Michael the Archangel by even and equal portions to be paid & shall be paid and the first payment thereof to be made at that first of the feasts aforesaid which shall next happen after the decease of the said Thomas Impett my son. And if it shall be behind and unpaid in part or in all over or after either of the said feasts of payment in which as aforesaid the same ought to be paid then it shall be lawfull for the said Katherine and her assigns into the said lands and tenements with appurtenances before bequeathed to my said son Thomas to enter and distrain and the distress to withhold and keep until she shall be fully satisfied and paid

Item I give and bequeath unto Mary daughter of my said son Thomas the sum of twenty pounds of lawfull money of England to be paid unto her out of such lands and tenements before given and bequeathed unto my said son Thomas at her day of marriage and in default of the said payment thereof it shall be lawful for the said Mary or her assigns into the said lands and tenements before bequeathed to the said Thomas my son or into any parcel or part thereof to enter and distrain and the distress to withhold and keep until she shall be fully satisfied and paid the sum. And in default of payment thereof it shall be lawful for the said Mary and her assigns into the said land and tenement before bequeathed to the said Thomas my son or into any parcel or part thereof to enter and distrain and the distress to withhold and keep until she shall be fully satisfied and paid the same.

Item I further give and bequeath unto the said Thomas Impett my son my two buildings thereunto belonging situate lying and being at a ...., place called Staple in the parishes of Wye and Hastingleigh in the said county of Kent and all the lands meadows pastures and woods whatsoever thereunto forty acres more or less with all and singular their appurtenances lying and being in the said parishes of Wye and Hastingleigh to have and to hold to him the said Thomas his heirs and assigns forever. Nevertheless my will and meaning is and I hereby give and bequeath unto Luce Beane my grandchild during her natural life one annuity of yearly rent of thirty shillings of lawfull money of England by the year issuing out of my said lands and tenements in Wye and Hastingleigh aforesaid payable at the feast or terms in the year viz at the feast of the Annunciation of our blessed Lady Mary the virgin and St Michael the Archangel by equal portions to be paid

I give and bequeath unto my daughter Margaret now wife of Edward Cloke during her natural life one annuity of yearly rent of forty shillings by the year of lawfull money of England issuing out of my said lands and tenements in Wye and Hastingleigh aforesaid payable at the feast or terms in the year viz at the feast of the Annunciation of our blessed Lady Mary the virgin and St Michael the Archangel by equal and even portions to be paid. And if either of the said annuities or yearly rents of thirty shillings and forty shillings shall be behind and unpaid in part or in all over or after either of the said feasts of payment in which the same ought to be paid then it shall and may be lawfull for the said Luce Beane and Margaret my daughter and their or either of their assigns into my said lands and tenements with appurtenances in Wye and Hastingleigh aforesaid to enter and distrain and the distress to withhold and keep until they and either of them shall be fully satisfied and paid. Provided always and my will and meaning is that if Thomas my said son shall out of the entail or alter the estate of those lands and tenements which I have by this my will entailed upon him then my will and meaning is and I do hereby give and bequeath my said lands and tenements in Wye and Hastingleigh with appurtenances unto the said Peter Impett son of my son said son Stephen and to the heirs male of his body lawfully to be begotten. And for default of said issue I give and bequeath the same unto Henry Impett son of my said son Henry and to the heirs male of his body lawfully to be begotten. And for default of such issue I give and bequeath the same to the right heirs of me the said Henry Impett forever.

Item I give and bequeath unto my daughter Margaret Cloke and her assigns during her natural life one annuity or yearly rent of five pounds which I have issuing out of a messuage and land called Holt late of Sampson Maxsted deceased. And after the decease of the said Margaret I give and bequeath the same unto the heirs male born of the said Margaret and Edward Cloke her husband lawfully begotten and to be lawfully begotten and to their heirs forever. Provided always and my will is that out of the said annuity or yearly rent of five pounds I give and bequeath unto every daughter of the said Edward Cloke and Margaret between them begotten the some of ten pounds apiece to be paid unto them and every of them within one quarter of a year after their several ages of one and twenty years or days of marriage which shall first happen. And if any of the said daughters of the said Margaret and Edward shall be unpaid the said legacy of ten pounds apiece at such times as I have appointed the same to be paid then I give the same annuity or yearly rent of five pounds by the year to the said daughter that shall be so unpaid until she shall be satisfied and paid. And so to one after the other being unpaid until every and of the daughters of the said Edward and Margaret shall be fully satisfied and paid their said legacy of ten pounds

Item I give all such sum and sums of money as any of my children shall owe unto me at the time of my decease unto such children as shall owe the same except twenty pounds lent by me to my said son Thomas now in the hands of the said Jane and Elizabeth Impett. And also I give all such sum and sums of my money as any of my tenants shall owe unto me for rent at the time of my decease unto such of my said sons as I have given the lands and tenements unto for which the same shall be owing out of which rent my will is that my funeral expenses shall be paid by my said sons equally between them. In witness whereof I have hereunto set my hand and seal the day and year first above written - Henry Impett his mark - Sealed and published in the presence of
John Hogben Thomas Cloke his mark

Probate: 18th October 1634 - Stephen Impett Son - Executor
Probate Court 16th February 1634/35 Court ruling sought by other members of the family
(Probate entry & Court record approx 900 words in Latin not translated.)


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Will of Henry Impett
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