Archive:PCC, Thomas Whitney, 1610
Prerogative Court of Canterbury
33 Wingfield; new reference PROB 11/115
Will of Thomas Whitney, of Middlewoode, gentleman, dated 12 Oct 1609, proved Apr 1610.
Transcription attempted by Robert L. Ward:
In the name of God Amen. The twelvethe Day of October in the yeare of our Lord god one thousande sixe hundred and nyne I Thomas Whitney of Middlewoode within the county and dioces of Heref gentleman beinge of perfect memorye god I praise for it doe by this my presente wrightinge make and sett downe my last will and testament in maner hereafter ensewinge First I commende my soule to Almighty god my maker and redeemer and by whome I verylye hope and truste to bee saved my body to be buried in the parishe Churche of Lanvayre y Brynne I give towardes the reperacons of the saide Churche five shillinges Item I give bequeath and divise to Baldwyne Whitney my seconde sonne one messuage or tenemente nowe in the tennor and occupacon of Evan Owens the younger and one meadowe underneath the said howse and seaven acres of lande lyinge above the said howse and a parcell of woode and pasture contayninge three acres called y tam gron all which are in occupacon of the saide Evan Owens and all that parcell of meadowe called y Lannerch heere and all that cottage and aboute seaven acres of meadowe and pasture in the occupacon of Watkin Lewes And all that pasture called close y dayre and one little meaddowe theirunto adioyninge in the possession of one William Myles and all that house and barne lyinge by the woode called Mindlewood in the possession of one John Nicholas and all lands thereunto belonginge in the possessione of the said John Nicholas and all that percell of meadowe and pasture grounde contayninge by estimacon aboute fower acres in the possession of Harry Prees to have and to holde the saude messuage howses landes tenements and all other the premisses with the appurtaynaunces and the yearly rentes yssuinge oute of the same pre- misses And the revertion and revertions of all and singuler the premisses theirby given devised and bequeathed to the saide Baldwyne Whitney his heires and assignes fore ever Provided alwaies that yf my oldeste sonne Roberte Whitney and his heires doe well and truly contente and paye unto the saide Baldwyne Whitney for and durenge the naturall life of the saide Baldwyne the somme of tenn pounds of curaunte englishe moneye paid yearly at every feaste Sainctt Michaell tharchangell and the Annunciation of the blessed virginn Mary by even and equall porcons the first paymente hereof to be made at the feaste of Sancte Michaell thearchangell after the saide Roberte shall accomplish the full age of one and twenty yeares Then my will is and I doe by this presents will give bequeathe and devise - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - and devise all the saide messuage houses landes tenementes meadowes leases and pastures and all other the premisses before bequeathed and all the rentes yssueinge thencfourthe unto my saide eldest sonne Roberte Whitney and his heires and assignes forever Item I give bequeath and devise unto Margaret my wife towardes the maintaynaunce of her selfe and my fower children all my messuage howse and tenemente wherein I doe nowe dwell in and all landes tenementes meadowes leases pastures woodes and underwoodes theireunto belonginge and appurteyninge scituate lyenge and beinge in middlewoodw aforesaide nowe in the possession of me and my assignes and lately assured over by me by waye of morgage unto one John Smith and his heires to have and to holde the same premisses unto the saide margarett for and dureinge the terme of her naturall life the saide Margaret my wife yealdinge and payinge doeinge and performinge all and singuler suche covenanntes Articles promisses and agrementes which on the parte and behalfe of me the saide Thomas Whitney are or oughte to be performed and kepte contayned in one payer of Indentures made betwene me of the one parte and the saide John Smith on the other parte Item I give and bequeath all the saide landes and tenementes, morgaged unto the saide John Smith after the decease of the said Margaret my wife unto my saide eldest sonne Roberte Whitney and his heires forever Item I give bequeathe and devise unto the saide margarett my wiefe for and duringe the terme of naturall life one parcell of pasture lyinge in middlewoode called whrone y thoy nant and one cloase called hoppes felde and after her decease to my saide sonne Roberte Whetney and his heires forever Item whereas I have bargayned with my brother in lawe Paule Delahay Esquier for the mannr of Newton and Foxbroke and at the laste assisses at Heref have acknowledged a fyne thereof by which bargaine in cosideracon of three hundred poundes to be payde me my executores and administrators I assured him the saide mannors in truste for sixe yeares now my will is and by this my presente wrightinge I doe give and bequeath unto Margaret my saide wife all the saide three hundreth poundes towardes the paymente of my debtes Item whereas my brother in lawe Leson Thomas houldeth of me my farme of Castleton beinge the third parte of the Deameanes of Clifforde for three yeares and upwardes yet to come and afterwardes by force of certaine covenanntes made betweene me and my late Father in lawe Davide Thomas Esquier he the saide Leason is to yealde and deliver the possession theirof unto me and my executors and assignes nowe my will is and by this my presente laste wille and testamente I doe give bequeath and devise the saide farme and all my righte tittle intereste and terme of yeares theirin to come for and dureinge all the terme of yeares then to come and not expired unto my executors to be at their pleasure demised graunted and leased forthe by them for and dureinge all the residue of yeares theirin contayned then to come and not expired and my will is that my saide executors shall contente and pay out of the rentes yssus and profitts yssueinge out of the said farme all the residue of such debtes due by me unto any parson or persons as shalbe then unpayde out of the saide three hundred poundes to be received of my saide brother in Lawe Paule Delahay as aforesaide and also towardes the paymente of all such guiftes legacies and bequeathes by me in this my presente laste will and testamente given and bequeathed and moreover my will is that after my said debtes legacies and bequeathes shalbe fully contented and payde that then the residue of all the terme of yeares then to come assuringe out of the saide farme for and durenge the residue of all the terme of yeares then to come and not expired shalbee received by my Executors to the use and behoofe of my three children videlicet Baldwyne Whitney Mary Whitney and Elizabeth Whitney, and for and towardes the better maintay naunce of margaret my said wife to be equally devided and parted betwene them and used and ymeploy ed for the beste advauntage and commodity of my saide wife and children for and towardes their portions and maintaynaunce in livinge Item I give and bequeath to Margaret and Oliffe Parry two of my wyves daughters the somme of twenty poundes vizt. tenn poundes apeece to be payd them oute of the rentes issues and proffittes yssueinge out of the said farme of Castletonn Item I give and bequeath unto Margery the daughter of Alice Griffithes the some of twenty poundes to be likewise payde her out of the rentes yssues and profitts of the saide farme of Castleton Item I give and bequeath unto my saide three children Baldwyne Whitney Mary Whitney and Elizabeth Whitney the somme of thirty pounds remayninge in the hades of my brother in lawe Leison Thomas due to be payd by him at thend and expiracon of the tearme of yeares which he hath in the farme of Castleton Item I give and bequeath unto my said three children the some of five poundes remayninge likewise in the handes of my said bro ther in lawe Leison Thomas unto me and my saide children due by the laste will and testamente of my saide late father in lawe David Thomas Item I give and bequeathe unto my saide sonne Roberte Whitney if such - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - such tyme as he shalbe of the age of one and twenty yeares two greate brasse pottes one bell and other imple mentes of houshold stuffe remayninge in the Custody of the saide Leison Thomas and untill such tyme he shall accomplish that age uppon paymente made unto the saide Leison Thomas of forty sixe shillinges and eight pence I give and bequeath the saide brasse pottes Bell and the saide other ymplementes of houshold stuffe to be used by margaret my wife Item I give bequeath and devise my mannor of Newton and all the reste of my landes and tenementes unbequeathed to my saide sonne Roberte Whitney and to his heires forever Item I give unto Margaret my wife towardes the maintaynaunce of my fower children untill they be married or accomplish the age of one and twenty yeares All my goodes Cattills and chattells houshold stuffe corne upon the grounde corne in the barne and all other my goodes moveable and unmoveable what soever And my will is that shee shall have the govermente custody guidinge and keepinge of all my saide children durenge their minorities and that she shall receive take and have the rentes profittes issues and comodities of all my landes and tenementes to my foresaide sonnes before given and bequeathed durenge their minorities for the better maineynaunce of her selfe and my forsaide sonnes and daughters and for the better paymente of my debtes and legacies in this my will given and bequeathed Item I doe make and appointe the saide Margaret my wiefe and Baldwyne my sonne my Executors of this my will and Paule Delahay Esquier and Miles Parry, gentleman overseers of the same my will And I doe revoke all former wills heretofore by me made In witnes whereof I the saide testator have unto this my presente will put my hande and seale the day and yeare firste above written in the presence of theis witnesses The marke of the saide Thomas Whitney Gabriell walwyene Charles Parry John Walwyne Leonard Walwyne. Probatum fuit testamentum. supra scriptum Apud London coram venerabili viro domino Johanne Bennett milie legum doctore Curie Prerogative Cantuariensis magistro Custode sine comissario [?ltime?] constituto vicesimo octavo die menss Aprilis Anno domini millimo sex centesimo decimo Juramento Margarete Whitney relicte dicti defuncti et virus executorum in eodem testamento nominat Cm Comssa sunt administrato omni et singulorum bonorum [?inrium?] et creditorum eiusdem defuncto de bene et fideliter Administrando.. Ad sancto dei Evangeia Inrat Reservata potestae similem comissionem faciend Baldwino Whitney filio naturali et legitimo dicti defuncti et alteri executorum in huius modi testamento nomi tum veneritem potitur in debito Juris forma Admiss..
The original will has survived and can be see at Archive:Whitney and Clifford Manuscript, 474.