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Will of Henry Philpott

of Folkestone, Kent


Source: Consistory Court of Canterbury PRC32/40/45b
Submitted by Veronica Nops
In the Name of God Amen the three and twentieth Day of November Anno Dmi one thousand six hundred and two and in the fifth and fortieth yeare of the Reigne of Our Sovereigne Ladye Queene Elizabeth
I HENRY PHILPOTT of the Towne of Folkestone In the Countie of Kent Jurat being of sounde and perfect mynde and memorye though of some distreshe of Bodye for wich I render unfayned thankes unto Almighty God doe with advised deliberation make and declare my last Will and Testament in manner and forme followinge.
First I commende my soule unto almighty God my Heavenly father by the death and meritts of whose Deere and only sonne Jesus Christ a lone saviour of all mankind I hope for remission and pardon of all my offences in this life and eternall joy in the life to come. And I will my bodye be buried in such place and sorte as my Executor Overseer and Frendes shall thinke most fitt.

I give unto ye poore people of the Towne of Folkstone twentye shillings yearlye for tearme of fouere yeares now next to come uppon the feaste Day of St. Thomas the Appostle being the one and twentieth Day of December yearely to be paide and distributed by myne Executor out of my lease of the Rectorye of Folkstone aforesaid.
I give unto the poore people of Sibbertswold in the Countye of Kent twentye shillings to be distributed amongst them by myne Executor within one yeare next after my decease.
I will that at my funerall for edefying the people there to be assembled a Sermon be preached by some learned man to whome for his paynes I give twentye shillings.
Also I give unto every of my Godchildren six shillings and eight pence to be paide to them one yeare after my decease by myne Executor.

Item I give unto my onlye daughter ELIZABETH the sume of three hundred poundes of lawfull englishe money to be paide over to the handes of my cousin RICHARD MARSH of Marton to my daughters use by my undernamed Executor within one yeare after my decease out of such my stocke and store of corne and cattell as I shall have at the time of my decease.

And I will myne Executor within one monthe after my decease before the Probate of this my Will shall put into suffitient Bonds with one able and suffitient person to be bound togeather with him unto the said RICHARD MARSH in a competent sume to paye my said daughters porcon within the tyme aforesaide or elce shall within two monthes next after my decease deliver into the Handes of the said RICHARD goods and chattell to the value of three hundred pounds by reasonable apprisements of honest and substantiall persons to her use.

And I doe request the said RICHARD MARSH according to the truste I repose in him to dispose of my saide daughters porcon to her best use and profitte in the best sorte he cann untill the tyme of her marriage. And to be asistinge unto her untill she by devise of my sonne and Executor THOMAS PHILPOTT and the said RICHARD MARSH be bestowed in marriage her maintenance in the mean tyme to oversee the profitts of her porcon.
But if she dyes unmarried I will then that the said three hundred pounds shall wholye remayne and return unto my saide sonne and Executor THOMAS.

And I give unto JUDITH my well beloved wife the one halfe of all the houshoulestuffe or implements of houshoule now beinge within my dwelling house at Folkstone where I inhabit to use her being my widdow and to remayne afterwards to such of my children as she please to bestowe the same Or she not soe bestoweing then to remayne to my saide Executor.

And I will that JOHN and DAVID my sonnes be in tyme convenient bound apprentices to honest men of such trades as to my Executor and Overseer shall thought most fitt. And so till that tyme to be kept and maynetayned at school funded JOHN with the profitts of my eighteen acres of Marshland and for DAVID at my wyfes chardges.

Item I give unto the saide RICHARD MARSH my Parsonage or Rectory of Coldred and all my Terme and Interest therein uppon especiall truste and confydence that he his Executors and Assigns from tyme to tyme upon reasonable request shall account and paye all the Revenues and Yearely Profitts thereof coming unto my sonne THOMAS by and during the whole tearme of his naturall life.
And after his decease during the residue of the terme thench forthe to come shall accompt and paye all the yearely revenue and profitts comminge of the same parsonage unto the sonnes of my said sonne THOMAS equallye amongst them if he have any. But if he have noe sonnes then to account and paye the same unto my sonne HENRYE his Executors and Assigns.

Provided always that PEIRS ap RICHARDE my ould servant shall duringe his naturall life have the little cottage called Parsonadge House of Coldred and the yardes thereto adjoyning And also the yearely value and profitt thereof at the elecion of the said RICHARDE. And allsoe that after the full tearme of seaven yeares to be expired after my decease the same PEIRS shall thenchforthe duringe his life have one quarter ofwheate yearely out of the same parsonage freely to releive him in his ayle at the Feaste of the Birth of Our Lord God yearely to be delivered provided allsoe that the sayde RICHARDE his Executors and Assigns shall and maye yearelye deduct out of the said Revennues and ordinarye chardges issuyng out of the said Parsonage of Coldred and all reste of Reprecons of Chauncell howses houses and barnes thereto adjoyninge.

And I give unto the said THOMAS PHILPOTT my eldest sonne my Lease and Interest in the Parsonage of Folkstone and all other my goods and chattells whatsoever not before given therewith to paye my legacies and such debts as I doe owe wich said THOMAS I doe make and ordavne sole Executor of this mv Will.

The last Will and Testament of me HENRY PHILPOTT of Folkstone Jurate made the third and twentieth Day of November Anno Dmi 1602 touching the disposinge of my landes and tenements wherewith it hathe pleased God to blesse me.

First I will and give unto HENRYE PHILPOTT my sonne and his heires and assignes all my landes tenements hereditaments with the appurtenances in Capel Le Fearne Hawkinge and Aulkham in the Countie of Kent which I did purchase of Ingram Lussenton at the said HENRYEs full age of one and twentie yeares In wich meantyme I will my sonne THOMAS shall take and receive the whole yearelye Profitt and Revennue thereof

provided not withstandinge this gifte to HENRYE that if my sonne THOMAS his heires and assignes doe well and true lye paye or cause to be paide unto the saide HENRYE my sonne all the yearelye Profitts and Revenues of the said landes to increase neare betweene the tyme of my decease and the said HENRYES full age And allsoe the sume of fouer hundrede poundes more of lawfull Englishe moneye in manner and forme followinge.
That is to saye the one halfe of all the sume within sixe monthes and the other halfe residue within twelve monthes after the said HENRYE shall attaine the full age aforesaid.
Then my Will and Meaning is that HENRYE shall not have the said premisses in Capelle Fearne Hawkinge and Aulkham But I Will and Give the same unto my said sonne THOMAS for tearme of his life without impeachmente of waste.

And after his decease to remayne to his firste sonne and to the heires males of the bodye of such firste sonne lawfullye to be begotten. Remaynder to his second sonne for like estate as before is lymyted to his firste. And further remainder to every of his sonnes successively in age one after another for like estates and for default of all such sonnes and heires males of the bodyes of such his sonnes to remayne to the said HENRYE for terme of his lyfe without impeachment of waste.

And after his deathe to remayne to his first sonne and the heires males ofthe bodye of such firste sonne lawfullye to be begotten. Remaynder to his second sonne for like estate as before is lymmmyted to his firste and further remaynder to every of the sonnes of the said HENRYE successively in age one after another for like estates.

And for default of all such sonnes of the said HENRYE and his heires males of the bodyes of such of his sonnes to remayne to JOHN my sonne for tearme of his lyfe without impeachmente of waste.
And after his decease to remayne to his first sonne and to the heires males of the bodye of such first sonne lawfully to be begotten. Remaynder to his second sonne for like estate as before is lymyted to his firste. And further remaynder to every of his sonnes successively in age one after another for like estates.

And for defaulte of all such sonnes and heires males of the bodyes of such his sonnes to remayne to my youngest sonne DAVID and to the heires males to remayne to the right heires of me the said Testator forever.

Provided allways that if my sonne HENRYE dye before the ende of sixe months after he shall attaine his saide age of one and twentie yeares then the saide THOMAS shall not be answerable or charged to paye the saide yearely profitts and Revenues ofthe saide landes.
But then I will the saide estates before appointed and given to THOMAS and his sonnes after the severall payementes ordered to be made unto HENRYE shall after such decease of HENRYE presentlye remayne and come unto the saide THOMAS for terme ofhis lyfe.
And soeforth successively for all the severall estates of his sonnes in like sorte as before they should have done if HENRYE had lived and bene paide in manner above lymyted. And therfor default of all the saide sonnes of my sonne THOMAS and heires males of the bodyes of such his sonnes to remaine next to my sonne JOHN for tearme of his life and after his decease to remaine to his first sonne and after his sonnes successively for theire severall estates as before appointed. And from them to remayne unto DAVID in manner above saide.

And then allsoe I will the saide fouer hundred pounds shall be payed unto my two younger sonnes JOHN and DAVID at theire severall ages of one and twentie yeares or within sixe monthes after their saide severall ages paide two hundred pounds a peece.
And if either or bothe of them dye before his or their tyme of payment then the money aforesaide of him or them soe deceasinge to remayne unpaide in the handes of my sonne THOMAS.
But if default be made of the payment of either of the saide severall two hundred pounds contrarye to the former appointmente then it shalle now fall unto the saide JOHN and DAVID and either of them theire heires and assigns to enter into the saide lands tenements and hereditaments and the same to hould as a gage or pledge. And the yearely profitts rents and revenues thereof to receive and take to theire owne use untill the saide sumes or other of them so due and unpaide be fully satistyed and contented.

Also my meaning is that the place of payment of the severall sumes aforepayde unto HENRYE JOHN and DAVID shall be in the Porch ofthe Parish Church of Folkstone.
And if it fortune that the said HENRYE doe live unto his saide appointed tymes of payment and that default be made of payment at the tyme for him appointment or at either tyme that then I will and my plaine meaning is that the saide HENRYE shall have but one estate in the said lands tenements and hereditaments to him his heires and assigns forever.

Also I give unto JUDITHE my wife for satisfaction of her dowre all my houses lands and tenements in the Towne and Parishe of Folkstone except my now house and yard and with the appurtenances wherein my sonne THOMAS dwellethe to be had to her for and duringe her naturall life soe keeping my houses and edifices to her willed suffitientlye repaired and paye my all quitrents there rents to be due in keepinge my sonne DAVID to scolle as I have otherwise and before appointed.
And payeinge out of the same unto JOHN my sonne after he shall attayne his age of one and twentie yeares yearleye during her lyfe tenne pounds oflawfull Englishe Money at the two moste usuall tearmes in the yeare that is the Annuntiacon of Oure Ladye and St. Michaell the Archangell by even porcons.
And for not payemente he to dystraine in the saide landes and tenements to my wife before given.
And after her decease I give all the same before appointed to my wife unto the saide JOHN my sonne and his heires and assignes forever.

Allso I give unto my sonne THOMAS myne other house and garden with the appurtenances where he dwelleth untill my sonne DAVID attaine unto his age of one and twentie yeares. And then I give the same unto the saide DAVID and his heires and assignes forever.

And touching my eighteene acres of Marshland in Romnye Marshe purchased of Robert Gaunt Gent. I will that after JOHN my sonne is bound apprentice that my sonne THOMAS shall take and receave the yearelye profitts thereof untill DAVID attaine his full adge of one and twentie yeares.
And I will that five whole yeares profitts in the meane tyme thereof ariseinge shall be paide unto my sonne JOHN when he shall attaine unto his adge of one and twentie yeares.

And I will that all the residue of the profitts of the saide Marsheland shall be by my sonne THOMAS accompted and paide unto his brother DAVID at his saide full adge.
And then I will and give the same Marshelands to the saide DAVID and to his heires forever.

Allso I will and my meaning is that if my sonnes JOHN and DAVID or either of them happen to dye before they or either of them attaine to theire severall adges of one and twentie yeares then the porcon of him or them soe deceaseinge shall come and remayne unto the other of them survivinge.
And unto my sonne HENRYE if he be livinge and to the heires of that survivor and HENRYE or one of them forever.

And then I will that the payement of the saide fouer hundred poundes unto JOHN and DAVID after HENRYEs decease above appointed or either of the porcons of the said JOHN and DAVID therefore shall cease and staye in the handes of my sonne THOMAS unpaide.

Allso I will that if my wife dye before my sonne JOHN attaine to his adge of one and twentiee yeares then my saide sonne THOMAS shall governe and receave the profitts of that before willed unto the said JOHN untill his full age aforesaide. And then to accompte and paye all the same unto him.


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Will of Henry Philpott
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