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Will of Thomas Philpott

of Shepherdswell, Kent


Source: Prerogative Court of Canterbury PROB11/183
Submitted by Veronica Nops
In the Name of God Amen I THOMAS PHILPOTT of Shepherdswell in the County of Kent Esquire beinge weake in body but of good and perfect memory thankes be given to Almighty God for the same doe make and ordaine this my last Will and Testament in manner and forme followinge
Imprimus I comend my soule into the Hands of Almightie God my maker and my body to the earth to be buried at the discrecon of my Executor hereafter named or at the discretion of such other person or persons as I shall at anytyme before my death request to doe the same.

I give unto the poore people of the Parish of Shepherdswell the sume of thirtie shillinges and to ye poore people of the Parish of Coldred the sume of fortie shillings to be paid unto them and every of them within three monthes next after my decease.

Item I doe give unto ANNE my Neece now the wife of one ROBINSON the some of tenne poundes of lawfull money of England.

Item I doe give unto my Cosen ROBERT MATSON in respect of the care and paynes hee hath taken in my sicknesse the sume of thirtie poundes of lawfull money of England to be paid unto him within twelve monthes after my decease. And I doe further give unto him all my beddinge coverletts blanketts sheetes pewter table lynnen and other lynnen now beinge in the custody of him the said ROBERT MATSON at Sheperdswell aforesaid. And alsoe all my weareinge apparrell whatsoever that I shall leave at the tyme of my death either at Sheperdswell or Canterbury unbequeathed to any other.

Item I give unto MR. RICHARD JAXON Towne Clarke of Canterbury the some of fortie shillings to buy him a ringe with all.
Item 1 give unto my Cosen WILLIAM MERRIWETHER the like some of fortie shillinges to buy him a ring with all
Item I give unto my Grandechilde THOMAS MARSHE sonne of my onley Daughter JUDITH MARSHE all my swords and armes whatsoever and alsoe my silver boule and all my silver spoones nowe beinge at ROBERT MATSONs in Sheperdswell afforesaid.

Item I give unto my Brother JOHN PHILPOTT Esquire Somersett Herralld my geldinge I now usually ride one the some of fortie shillings to buy him a ring with all and alsoe the some of two hundred poundes more of lawfull money of England to be paid unto him within two yeares next after my decease which one hundred poundes parte of the said two hundred poundes within one yeare next after my decease and thother one hundred poundes residue of the said two hundred poundes at the end of two yeares.
And wherof I have formerly paid for my said Brother JOHN PHILPOTT at his earnest request and for his proper debts divers greate somes of money in all amountinge to the some of one thousand poundes and have taken a statute from him for security of the same I doe hereby also give unto him my said Brother JOHN PHILPOTT all the benefit of the same statute and all other ye severall legacies before given or bequeathed unto him and doe alsoe forgive unto him the said debt of one thousand poundes and all other debts whatsover due unto me from him said Brother JOHN PHILPOTT upon this condicon followinge and not otherwise.
That is to say that if he the said JOHN PHILPOTT or his heires or any under him or them shall in ye leaste manner whatsoever soe molest disturbe trouble or goe aboute to dispossesse those or any of them whoe by this my Will or by my Deed or Deeds formerly made by me are two have or ought to have and enjoy now or late my landes and tenements called Stamden als Upper Stamden or beinge in ye parishes Capeleferne Alkam and Hawkins in ye County of Kent or that little house in Folkestone conveyed by me formerally unto my aforesaid Coson RICHARD (ROBERT?) MATSON or theire or any of theire occupiers of them or any of them. Or if he ye said JOHN PHILPOTT my Brother shall at anytime after my death at the request of my said only Daughter Judith her heires or assignes and at her and their xper costs and charges in the Lawe refuse to doe and suffer all such Acts and thinges whatsoever unto ye said JUDITH or her heires as she the said JUDITH or her heires shall by her or there Councell leavied in ye Lawe bee advised shalbe sufficient or requisite for ye barringe of hime ye said JOHN PHILPOTT and his heires and assignes of and from all right and title to ye lands and tenements and howse before mentioned or expressed. That then my will and mind is and soe was when I began to make this my Will that my said Brother JOHN PHILPOTT should take and have noe benefitt or profitt at all by this my Will. But then I doe give all the legacies before given or bequeathed unto my said Brother JOHN PHILPOTT and all ye debts whatsoever forgiven unto him by this my Will unto my said only Daughter JUDITH MARSHE forever.

And touching the disposicon of a1l my Landes and Tenements whatsoever I do will and bequeath them as followeth.

First wheras uppon the marriage of my said only Daughter JUDITH unto her late husband GABRIEL MARSHE Esq. deceased I did by good Conveyance in Lawe settle all my Landes in Sheperdswell after my decease upon the said JUDITH and GABRIEL and their heires maked of their two bodyes lawfuly begotten, And for want of such issue unto THOMAS PHILPOTT my Godsonne sonne of my aforesaid Brother JOHN PHILPOTT and to his heires forever, I doe now give and bequeath all the said Landes and Tenements in Shepherdswell aforesaid by this my said Will (in respect and regard that the said Conveyance of the same maybe casually lost or mislaid) unto ye said JUDITH my only Daughter during her naturall life.

And after her decease unto ye aforesaid THOMAS MARSHE my Grandchild the sonne of ye said JUDITH and to his heires of his body lawfully begotten.
And for want of such issue unto the said THOMAS PHILPOTT my Godsonne during his naturall life. And after his decease unto ye heires of his body lawfully begotten.
And for want of such issue unto JOHN PHILPOTT second sonne of my said Brother JOHN and to his heires forever.

And whereas my late Father HENERY PHILPOTT Gent. dec. by his last Will and Testament did give unto me all ye Landes and Tenements aforemenconed called Stamden als Upper Stamden beinge in Caple Le Ferne Alkham and Hawking aforesaid upon condition that I should pay unto my late Brother HENERY PHILPOTT deceased the some of seven hundred pounds so soon such some at a day lymitted in ye said Will
and whereas also for nonepayment of ye said seven hundred pounds unto ye said HENERY PHILPOTT my late Brother deceased ye said HENERY did enter upon ye Landes and possessed himselfe of them in so much that afterward I was constreyned to give a greater some of mony than the seven hundred pounds before mentioned for the purchaseinge of ye same from the said HENERY.
And have since ye said purchase of the landes last menconed and upon ye marriage of my said Daughter JUDITH unto the said GABRIELL MARSHE settled ye said Landes and every of them upon ye said JUDITH and GABRIELL and their heires forever.
And I doe now in respect and regard alsoe that the same Deedes or Conveyance by which the same Landes are settled as aforesaid may casually be lost or mislaid. I give and bequeath all ye said Landes and tenements called Stamden als Upper Stamden and in Cape Le Feme Alkham and Hawking unto my said only Daughter JUDITH during her naturall life and after her decease unto the said THOMAS MARSHE her sonne and my Grandchild and to the heires of his body lawfully begotten. And for want of such issue unto ye right heires of the said JUDITH my only Daughter forever.

I doe give and bequeath unto ye said JUDITH my only Daughter and to her heires forever my Messuage or Tenement Malthouse stables and garden with theire appurtenances lyinge and beinge in the Parish of All Saintes in the Citty of Canterbury and Thannington neere Canterbury. And allsoe all my Landes in Windshippe and Thannington neere Canterbury now in the occupacon of Widdow TAYLOR upon this condicon and not otherwise that she my said Daughter JUDITH shall pay all my legacies given and bequeathed in this my Will accordinge to ye tone intent and meaninge of this my Will. And shall alsoe pay all my debts whatsoever which will amounte to the some of two hundred and twenty pounds and noe more vizt. two hundred pounds by Bond and twenty pounds or thereabouts in small debts without Bonds.

And if in case she shall refuse ye payment of my debts and legaciess aforesaid then I doe will the said JUDITH my Daughter shall sell the said message Malthouse stables and gardins with the appurtenances in All Saints Parish and all my land in Windshipp and in Thannington neere Canterbury before bequeathed unto her for ye payment of those my debts and legacies before menconed.

Item I alsoe give and bequeath unto the said JUDITH my Daughter her Executors and Assignes forever my lease of the Rectory or Parsonage of Coldred in Kent which I hould from the Lord Archbishop of Canterbury His Grace for di… s yeares yett to come and unexpired upon condicon alsoe that shee doe pay all my debts and legacies aforesaid. And in case she shall refuse to pay them or any of them according to this my Will as aforesaid then I doe alsoe will that shee alsoe sell ye lease aforesaid for and towards the payment thereof

And I doe alsoe give and bequeath unto the said JUDITH my Daughter forever all ye residue of my goods cattells and personall Estate whatsoever not before bequeathed or not by this my Will given or disposed of
And doe hereby nominate constitute ordayne and appoynte the said JUDITH my only Daughter to bee ye sole Executrix of this my last Will and Testament revokinge all former Wills whatsoever by me made published or declared.

And I doe hereby earnestly intreate my said Daughter and Executrix that the aforesaid ROBERT MATSON my Cosen may hould and enjoy all my landes and tenements in Shepherdswell aforesaid now in his ye said ROBERTs occupation one ye same termes and for ye same rent hee now payeth for them untill such tyme as my aforesaid Grandchild THOMAS MARSHE shall attayne or come to his age of one and twentie yeares if hee the said ROBERT shall soe long lives (except in the Interim she my said Daughter JUDITH shalbe minded to build there and live upon the same herselfe).

And I doe hereby alsoe will that Widdow MATSON of Coldred shall live in have occupie and enjoy the Parsonage house and orchard at Coldred which shee now occupieth and liveth in during her naturalllife payinge noe rent for ye same. Anythinge in this my Will to the contrary notwithstanding.

And I doe likewise further intreate my said Daughter and Executrix that shee will at her owne charges bringe upp educate and take care of MARY PHILPOTT daughter of my aforesaid Brother JOHN PHILPOTT and provide a penson for her according to her my said Daughters discrecon and affecion.
And lastly shee my said Daughter and Executrix shall always after my death and duringe her life have a loveinge kinde and charitable care of all those of our kindred whoe shall happen into any calamitie or suffer by necessitie.

In Witness whereof I the said THOMAS PHILPOTT of Shepherdswell have to every leafe hereof beinge fifteene leaves in number sett my hand and seale this thirteenth Day of October in ye fifteenth yeare of the Reigne of Our Sovereigne Lord Charles now Kinge of England Anno Dmi 1639 and doe publish and declare this to be my last will and Testament THOMAS PHILPOTT the fifteen leaves before mentioned nowe sealed subscribed and published by ye aforesaid THOMAS PHILPOTT of Shepherdswell to be his last Will and Testament in the presence of
PAUL DALINE - HENRY LAWES - JAMES THURBARNE


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Will of Thomas Philpott
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