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Will of John Smith

of Maidstone, Kent

Source: 1600
Transcribed by John Woodger
In the name of god amen The Twenteth Daye of June 1600 I John Smyth of Maidston in the Countie of Kent gent {being of good and p{er}fecte Remembrance} doo make and ordaine my last will and Testament in manner and forme followinge Firste I bequeathe my soule unto Almightie god my Creator and to Jesus Christe my Redeemer trustinge by the mercifull goodnes of my heavenly Father & by the death and passione of Jhesus Christe his onely sonne and my Redeemer to be saved and by noe other meanes And therefore I doe most humblye beseeche my lord god & heavenlye Father to strenghten (sic) mee w(i)th his grace and to give mee true repentance and then to forgive mee all my sinnes w(hi)ch I have comitted against his devine maiestie and after my dep(ar)ture out of this transitorye lyfe and vale of miserie to receive mee into his everlastinge kingedome for his evereley beloved sonnes sake Jhesus Christe mye Saviour and Redeemer I comend my bodye to the Earthe whereof yt is made And as touchinge my temp(or)all good Faithe I give to the repacions of the church of maidstone Fower pounde And to the poore of the p(ar)ishe of maidstone tenn pounde

Item I give to my sister Stewarde and to my Sister Woodyer to either of them Fortie shillings
And to my Cosine Richard the sonne of my brother Richard Smyth, Francis the sonne of my brother George Smithe John and Symon sonnes of my Sister Stewarde and John the sonne of sister Greene to every of them Fowertie shillings a peece
and to my Cosine Judith daughter of mye brother Richard Smith ten pounde
And to my Cosine Margaret my twelve buttons of goulde
and to my Cosine Mr William Grill Five pounde and to his wife my virgynalls
and to my Cosine Mr William Morse that parte of mye Firste weddinge ringe that is left
and to everye of my servants that shalbe dwellinge w(i)th mee at the tyme of my death thirteene shillings Fower pence

Item whereas I have and doe houlde by lawfull Conveighance and assurance one annuall Rente or yerely payement of siventie pounde a yeare for certaine yeares yet outstandinge payeable by John Fowle of towell in maidestone halfe yearely by equall portions and for the better assurance thereof the said John Fowles hath mortgaged unto mee his mancione house and landes w(i)th thappurtenances at Towell I doe give and assigne thesaid yearely paye(men)te as they shall growe and come to be due and payeable unto my Executors hereafter in this my testamentand last will named is that theye shall not take advantage by Reentry so as the saide payemente be made and paide w(i)thin thirtie dayes next after the feaste dayes in the w(hi)ch the same ought to be payed

All the Residue of my howsehold stuffe plate goods and chattells whatsoever Other then kersteables (?) tables formes woodden stooles and paynted clothes w(hi)ch I will shall goe w(i)th my house I give and bequeathe unto my welbeloved wif Fraunces Smyth and to my faithful servainte and loveinge kinseman Thomas Reeve whome I doe make Executors of this my laste Will and Testament. Chardginge them w(i)th the payement of my debts and legacies And I doe make Overseers thereof my said Cosin Mr William Grill and my brothers Richard and George Smith and I give to every of them for their paines to be taken therein Fortie shillings.

This is the last will and Testament of me the said John Smith made and declared the daye and yeare aforesaid touchinge the said disposicions of all and next page singular my lands. Firste whereas I have assured unto my welbeloved wyfe Fraunces Smyth all my one and Forteth acres of marshe lande in Romney mershe for her jointure my will and meaninge is that she shall and maye quyetlye have and enioye thesame dureinge her naturall lyfe not w(i)thstandinge any mixfortione or faulte to be founde in the said assureance
Also I doo give unto my said wife my twoe howses wherein I doe nowe dwell in Raste Lane together w(i)th the gardines orchardes and other thappurtenances thereunto belonginge And all my messuage milles landes and Tenements whatsoever w(i)th thappurtenances in the p(ar)ishe of Boxley nowe in the occupacione of Richarde Suggyer to have and to houlde thesaid twoe messuage and p(re)misses w(i)th thappurtenances in Raste lane and the saide messuage mylles and landes w(i)th thappurtenances in the occupacione of Richarde Sudgyer unto her and her assignes duringe her widdowhoode And after her death or marryadge first happeninge I will and give my said twoe howses and orchards w(i)th thappurtenances in Raste lane, unto my Cosin Thomas Reeve and his wyfe duringe their lives and duringe the life of the survivor of them payeinge to my Cosin Simon Smyth of Fower pounde a yeare at the feast of S(ai)nt Michaell tharchangel and the Annunciacion of our Ladye by even portions or w(i)thin fourteene dayes ensuinge w(i)th clause of distresse
Also after the death of my said wife I will that all my said mereshe landes in Romney mershe and also after her death or marryadge firste happeninge I will that all and singular others my landes Tenements and hereditaments whatsoever w(i)th thappurtenences shall discend and come unto such childe or children of my bodye lawfully to be begotten as yt shall please god to send mee in suche sorte as thesame should goe or descende by fourse of the Common lawes of this Realm if noe devise or will were made thereof And yf I shall have noe such issue of my Bodye or yf my said issue shall dye w(i)thout ysssue before they shall accomplishe the full adge of one and twentie yeares then I will that my Cosine Symon sonne of my brother Symon Smyth of Boughton Monchellsea deceased shall have all and singular mye messuage lande Tenemente and hereditamente whatsoever w(i)th thappurtenances in the p(ar)ishes of Minster and wickham w(i)thin the Countie of kent to have & to houlde to him and his heires for ever as a full thirde parte and more and in full allowance and satisfactione of the third parte of all and singular my landes and duties w(hi)ch ought to descend unto him (by lawe) after my death by way by reason of any tenure in Capite or otherwise Provided allwayes that yf hee shall not houlde himselfe fully satysfied therew(i)th or otherwise shall goe about to dysturbe or hinder the due executione and p(er)formance of this my said will in anythinge contrary to my intente said meaninge herein expressed then I doe revoke my said legacie and gyfte given unto him and then my intent and meaninge is that hee shall take noe advantage or benefit by this my said last will and Testament but shalll have that only as the Comon lawe will allowe him

Item I give and bequeatheunto my brother Richard Smyth and his heires for ever all my said mershe lands w(i)th thappurtenances in Romney marshe after the decease of my said wyfe And also all my messuage or Tenement and gardine w(i)th thappurtenances in Stone streate in Maidestone in the Tenure of John Sanders or his assigns and all my pasture grounde and woodlandes w(i)th thappurtenances Cales and Clayes (sic) in Boxley ymediatlye after my decease

Item I give and bequeath unto my brother George Smyth all my said messuage and Tenement milles and lands in Boxley in the occupatione of Richard Sudgyer after the deathe or marryadge of my said wife Firste happeninge Also I doe give unto my said brother George all my landes Cauls Claymes and others my lands and woodlands cauled haddes in the p(ar)ishe of Boughton Monchilsea And after the decease of my said brother George I will all my saide messuage myll and landes in Boxley and all my said lande landes and woodlandes Caules Claymes and haddes shall goe and remayne unto my cozine Frauncis Smyth my brother George his sonne and to his heires

Item I give and bequeathe unto Symon the sonne of my brother Thomas Smith of Buckland deceased and to his heires all mye said two messuages gardines and orchardes w(i)th thappurtenances in Raste lane after the deathe or marryadge of my said wife firste happeninge and after the death of my cosine Thomas Reeve and his wife And also I doe give unto the same Symon Smyth and his heires parte purparte and portions of all and singuler my landes tenements and hereditaments whatsoever w(i)th thappurtenances scituate lyeing and beinge in the p(ar)ishes of Karde al(ia)s Crayford Datforde and Hallowe or either of them And also all my parte of the advowsan of and to the P(ar)ishe churche of Karde al(ia)s Crayeford aforesaid And in like sorte also my two Ten(emen)te gardens orchard and meadowe w(i)th thappurtenances scituate and beinge in the burrough of mestres in Maidston aforesaide

In wittnes whereof ? by mee John Smyth Published in the p(re)sence
William Grill Henry Bayes James Sarys

A true coppie examined w(i)th the originall will in the p(rese)nce of William Grill & Richard Smyth Overseers in the said will named and Symon Smyth sonne of Joane Steward Proved 29th July 1600 Thomas Reeve executor

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Will of John Smith
Created by Maureen Rawson