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Help and advice for Buckland Filleigh - Will of William Fortescue 1680

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Will of William Fortescue of Buckland Filleigh, Devon

Proved: 7 September 1680

© Crown Copyright

PROB 11/363, Records of the Prerogative Court of Canterbury,
Name of Register: Bath Quire Numbers: 60 - 123

Transcribed by Adrian Parry

In the name of God Amen.
The ssixth day of June in the Eight and twentieth yeare of the Reign of our Sovereign Lord Charles the Second King over England And in the year of the Annunciation of our Lord and Saviour, Jesus Christ 1676, I William Ffortescue of Buckland Ffilleigh in the County of Devon Esquire being in health of body and in good and perfect memory (Thanks be to Almighty God) Calling to remembrance the uncertain (?) effects of this transitory (?) life And that all flesh must yield unto death when it shall please God to call Doe make constitute ordain and declare that this my last will and testament in manner and forme following Recanting and Admitting all and every testament and testaments will and wills whatsoever by me heretofore made and declared wither by word or writing And this is to be taken for my last will and testament and, none other And first being penitent and sorry from the bottom of my heart for my sinns past most earnestly desiring forgiveness for the same. I give and comitt my soul unto Almighty God, my maker, in whom and by the meritts of Jesus Christ, my Saviour and Redeemer I trust and believe .... ..... to be saved And to have full remission and foregiveness of all my sins And that my soule with my body att the Generall (?) day of the Resurrection shall rise again with joy and possess and inherit the Kingdom of heaven prepared for the elect and chosen and my body to the earth to be decently and privately interred without any fformall pomp or expence in mourning more then to my wife and children And for the settling of my temperall estate and such goods, chattels, and debts it hath pleased God favor x give my desent? to bestow upon me I doe order give and dispose of the same in manner and forme following (that is to say). First I will that all those debts and duties which I doe owe others in right or conscience to any manner of person or persons whatsoever shall be well and truly contented and paid within convenient time after my decease by my Executor hereafter named. Item I give and bequeath unto my dear wife Emblin Ffortescue one hundred pounds the same to be paid att the end of one year ... after my decease. Item I give unto my said wife the use profit and benefitt of two ffields of land and pasture called the Southern Langadons (?) and the high moor parcel(?) of the Barton of Buckland Ffilleigh together with Buckland Mills during her life as an addition to her Joynture formerly made. Item I give the use of the ...halfe of all my household goods unto my said wife the same to be divided by two in different ...... to be the ....... by my said wife and the other by my Executor hereafter named to be by her made use of .... during the term that she shall remain a widdow and after her decease or in case she shall happen to marry again then the said moiety shall immediately return to my said Executor. Item I give unto my said wife my own house Marion Court [any one horse Mare or ...xing] which she shall choose together with the ffurnishings thereunto belonging.
Item I give bequeath and devise unto my sonne and heir apparent Henry Ffortescue and him to his heirs male forever All my lands of ...... where soever And for default of such heirs male Then to my sonne Roger Ffortescue and his heirs male and for default of such heirs male Then to my sonne George Ffortescue and his heirs male and for default of such heirs male Then the same and every part thereof to the right heirs males of me the said William Ffortescue ........ Item I give unto my sonne Roger Ffortescue one thousand pounds, the same to be paid when he shall attain ..... the age of one and twenty years And in case he shall happen to decease before he shall accomplish the said age then my will is And I doe accordingly wish that my youngest sonne George Ffortescue shall have ffive hundred pounds the moiety of the said sum appointed for my said sonne Roger's portion And the Remaining moiety shall be and remain to my Executor. Item I give unto my said sonne George Ffortescue the like sum of one thousand pounds the same to be paid when he shall attain the age of one and twenty years And in so far he shall decease before he shall accomplish the said age then my will is that the one moiety therof that is ffive hundred pounds shall be paid to my said sonne Roger if he survive and the remaining moiety shall return to my Executor and in case it shall happen that neither of them shall attain the said age of one and twenty years then the whole shall return and remain to my said Executor. Item that for the performance and same payment of the said two thousand pounds to my said younger sonnes Roger and George I do give full power and lawfull Authority unto my Trustees herein after named or any two or one of them their assigns and servants to sell fell & cutt downe workup (?) and carry away all or any my timber trees within the lymitts and precincts of Buckland wood during the terms of twenty years .... after my decease If the said two thousand pounds may not otherwise Conveniently be raised upon my goods and chattels which power I have also given them by deed under my hand and seal bearing equall date with this(?) present Provided always that if my sonne and heir shall give sufficient security for payment of the said Legalities when he shall be of age Then the said Deed and every Clause and Coveneant therein together with this power last given for the sale of timber shall utterly frustate(?) and void. Item my will and intent is And I doe give and ordaine twenty pounds yearly to each of my said sonnes Roger and George for their present subsistence and livelihood before they either or either of them shall capable to be sent to the university and then shall leave them to the ordering and disposal of my ffaithfull friends and Trustees hereafter named to be allowed a fitt and competent maintenance attending [according?] to their degree and quality. Item It is my wish and desire that such sums of money as I shall leave behind me may be kept at interest and such money as shall be raised upon my estate more than what shall be employed for necessary .... likewise which may be employed for the present support and livelyhood of my said children. Item that if my said sonne Henry Ffortescue shall happen to decease without issue male then my said sonne Roger Ffortescue if he survives shall give and pay unto my said sonne George the full sum of ffive hundred pounds within or att the end of three (?) years next after he shall be actually possessed of my Estate of Inheritance over and above his portion before by me given and bequeathed. Item I give and bequeath unto my servant James Browne (?) twenty pounds the same to be paid att the end of one year next after my decease. Item I doe constitute order and appoint my trusty and wellbeloved ffreinds George Cross of the City of Exon and ........ John Rawleigh of Shipwash my cousin and John Gilbert of Langtree in the County of Devon gent my Trustees desiring them to see this my will preformed giving them full power and lawfull authority to sell lett and demise all or any of my lands for ffourteen [four yeare] and nyneteen years determinable upon the lives of two lives in Roberton of one life or one life in Roberton of two lives untill my heir shall attain to the age of one and twenty years always excepting my Barton of Buckland Ffilleigh and my Barton of Crindecott in the parish of Milton Abbott to be sett att a yearly Rent if the same or either of them shall happen to fall in hand until my said sonne and heir shall happen to marry or shall attain to the age of one and twenty years And after excepting that my said trustees nor any of them shall have power hereby granted to fell or sell any tymber upon any of my land unless for the payment and satisfaction of my younger sonnes persons and for necisary uses for repairs made upon the Barton of Buckland Ffilleigh aforesaid. Item I give unto my said Executors [Trustees] to each of them six pounds thirteen shillings and ffour pence to be bestowed in a piece of plate in token of my thankfulness for their time and trouble in prosecution of the performance of this my Last will and Testament. Item All the Residue and Remainder of my goods and Chattells not hearby given or bequeathed, my debts and legacies being paid and my ffunerall expense discharged I give devise and bequeath unto my son and heir Henry Ffortescue whom I doe make appoint and ordain the whole and sole executor of this my last will and Testament In witness whereof I have hereunto sett my hand and seal as ....... the day and year ffirst above written Anno Dom 1676. Wm Ffortescue Signed sealed and published in presence of John Lansworty Senr The signs of James Brown John Moore John Sathram.

The Six and twentieth day of November One Thousand Six hundred Seventy and Nyne

Premor That as an Addition unto this my last will unto which this present codicil or labell is affixed I doe give and bequeath unto my dear wife Emblin Ffortescue a Bason and Tankard of silver which were given her by her ffather and mother Also a state[?] dish a plate and little silver cupp with a cover all of silver and six silver spoons such as she shall choose. And I doe also give unto my said wife ffifty pounds, moreover and above what I have by this my will given her the same to be paid her if she shall settle and inhabit of and from my mansion house of Buckland Ffilleigh and shall also Resign (?) up and deliver unto my Executor the moiety of my goods which is to her by this my last will by me bequeathed. Item it is my will and desire and I do order give and desire that the remaining part of the Barton of Buckland Ffilleigh which is not comprehended within my said wifes joynture shall be by my Trustees in my will appointed disposed of for the iniserity (?) of the yearly Rent of twenty pounds a piece for the present in support and maintenance of my said sonnes Roger and George And also for the present Raising of such sum and sums of money for caring and settling them or either of them abroad (?) or for their maintenance at the university as to my Trustees shall seem most work if my Executor shall refuse or neglect to disburse the sum And what money shall be so raised over and above the said sums of twenty pounds yearly to each of them shall be deducted out of their legacies apportionly and allowed unto my Executor Provided that if either of my said sonnes Roger or George shall decease before he shall accomplish the age of one and twenty years that then his legacy or soe much thereof shall not be expended or layd to the uses aforesaid shall remain the one(?) moiety to the Survivor and the other to my Executor. Item That if my said sonnes Roger and George their portions shall not be paid according as the same is appointed in and by this my will hereunto assigned (?) That then my said trustees or any two of them shall have such liberty and power to sett and lett my manor of Buckland Ffileigh or any part thereof ffor one two or three lives or for two lives ...ration of one life or for one life in R..... of two lives for the raising of money towards the payment (?) of the legacies aforesaid dis..... the Interest Rents unto my heirs. Item my intent and will is that my said sonnes Roger and George shall have each of them one thousand pounds besides their legacies given them by their Grandmother?. Item I give unto the poore of Great Torrington ten pounds, to be paid att the end of one halfe year next after my decease. Item I give unto Elizabeth Ffinnamor fforty shillings. Item it is my will and desire that my corps may be privately buried without any ffunerall pomp or mourning given And In Testimony that I have made this addition to my said last will I have hereunto sett my hand and seale the day and year above written
William Ffortescue Signed sealed and published in presence of Rob Bar...y
William Randall John Lanworthy Sen

Be it knowne unto all men by those present that I William Ffortescue of Buckland Filleigh in the County of Devon Esquire have made and declared my last will and testament in writing having date the ffiveth day of June in the Eight and Twentieth yeare of the Reigne of our Sovereigne Lord King Charles the second with a codicell thereunto annoted [annexed?] dated the 26th day of November last past before the date hereof I the said William Ffortescue (I bless[?] God) being of perfect mind and memory notwithstanding God hath been pleased to reduce and bring me to a very lowe and ..... Estate of body Doe by this my present Codicil Confirm and Ratify my said Last will and testament And all the Legacies and bequests by me herein given and bequeathed And whereas I have not in my said will soe fully and clearly given and bequeathed unto Emblyne my deare wife what I intended she should have and enjoy after my death I doe therefore by this my Codicill give and bequeath unto my said wife all the Rings, Jewells and Books And also all her Trinketts and Toyes which she did actually keep in her two Closetts, which were deemed and affirmed to be hers And also all the Boxes Trunks Cabinetts and Chests wherein she was want to keep her wearing Apparell and other things which in Comon Estimation are reputed and esteemed or called the things of the said Embling and whereas since the making and publishing of my last will and testament aforesaid there is a marrioage by the permission of Almighty God intended between Henry my Eldest sonne and heir Apparent not fully of the age of one and twenty years And Agnes the daughter of Nicholas Denys of Densworthy in the County of Devon Esquire And I am now Reduced to soe [.....] weakness of Body that I have cause to state that God will not prolong my life to perfect a Conveyance of my estate according to the Agreements of the said intended marriage I doe therefore by this my present codicil to the intent that my death if it should happen before a Conveyance of my Estate may be perfected may not put any Stopp or delay to the Consumation of the said marriage so intended (my son Henry not being of age as aforesaid) Doe hereby give and devise unto George Cross John Rawleigh and John Gilbert gents whom I have appointed overseers of my Last will and testament aforesaid And thereby made and ordained Guardians and trustees for my Children All my maun messuages lands Tenements and hereditaments with their and every of their Rights monitery and appertanances situate lying and being in the parishes of Buckland Ffileigh aforesaid Milton Abbott and Erminton or in any or either of them or in any Elsewhere in the County of Devon To have and to hold to the said George Cross John Rawleigh and John Gilbert their heirs and assigns forever To the one by one and behoofe of them the said George Cross John Rawleigh and John Gilbert their heirs and assisgns for evermore upon Trust and confidence not withstanding that they the said George Cross John Rawleigh and John Gilbert the survivor and survivors of them his heirs and assigns doe with what convenient speed they may from and after my decease by a sufficient Conveyance and assurance, in the Law grant and Convey all and singular the aforesaid ...... messuages Lands Tenements and hereditaments due to them hereby devised and given unto Two or more persons or their heirs That they or the survivor or survivors of them his heirs or assigns shall think fitt To the uses hereinafter expressed (That is to say) Of for and concerning all such parts and parcels of the Capitall messuage Barton Ffarm and ....... lands of Buckland Ffilleigh that have beene by any deed or writing heretofor made by my ffather or me for the Joynture or Augmentation of the Joynture of my said wife to the use and behoofe of my aforesaid wife for and during her naturall life and after her death and decease to the use and behoofe of my son Henry aforesaid for and during his naturall life without imp...xment of wast (?) And after their deceases there being aquitted unto the aforesaid Agnes the Estate for her life, in case the Intended marriage take effect in such parts and parcels of the mansion house orchards and gardens as are lymitted to my wife for her Joynture as aforesaid to the use and behoffe of the heirs male of the Body of the said Henry on the body of the said Agnes lawfully to be begotten And for default of such issue to the life and behoofe of the heirs male of the body of the said Henry lawfully to be begotten And for default of such issue to the life and behoofe of my sonnne Roger and the heirs male of his body lawfully to be begotten and for default of such issue to the use and behoofe of my sonne George and the heirs male of his body lawfully to be begotten And for default of such issue to the life and behoofe of the right heirs of me the said William Fortescue And of for and concerning All the rest and residue of the aforesaid Capitall Messuage Barton Ffarm and ....... land not lymitted for the Joynture .. Augmentation of the Joynture of my said wife And of for and concerning the Capitall Messuages ffarms and tenements with the appurtenances situate lying and being in the parish of Milton Abbott called Briarstott (?) and now in the possession of Elizabeth Amworthy her assign or assigns to the use and behoof of the aforesaid Henry Ffortescue for and during his naturall life And after his decease such parts and parcels of the Capitall house of Buckland Ffilleigh and gardens and orchards thereunto belonging ...... not lymitted to my wife for her Joynture or Augmentation of her Joynture being lymitted to the aforesaid Agnes for her life in case the intended marriage take effect To the use and Behoofe of the heirs male of the body of the said Henry lawfully to be begotten on the body of the said Agnes Charged and liable to the payment of the yearly Rent of seventy pound per Annm unto the aforesaid Agnes and her Assigns during her naturall life immediately from and after the death of the said Henry in case the intended marriage take effect by Quarterly payments and portions for her Joynture And in default of such issue To the use and behoofe of her heirs male of the body of the said Henry lawfully to be begotten. And for default of such issue to the use of the aforesaid Roger my sonne And the heirs male of his body lawfully to be begotten And for default of such issue to the use and behoofe of the aforesaid George my sonne and the heirs male of his body lawfully to be begotten And for default of such issue to the use and behoofe of my Right heirs evermore And of for and concerning All the Residue of the manor messuages lands tenements and hereditaments to them hereby given and devised to the use of my aforesaid sonne Henry and the heirs male of his body lawfully to be begotten on the body of the aforesaid Agnes with power of Leasing of any part thereof in possession Roberton ........... for one two or three lives or any number of years determinable upon one two or three lives And for default of such issue to the life .... in Remainder as the other parts of my Estate are before ordered to be lymitted And it is my desire and order that my said Trustees doe if they think good take same in the Conveyance which they are to make as aforesaid That these to be provision made in such manner And for the raising of such portions for the younger Children of the said Henry begotten on the body of the said Agnes as they shall deem fitt and meete And that power be given in the Conveyance that is soe to be made unto my sonne Henry of making the ... Joynture that is herein to be lymitted to the said Agnes unto any other woman that he shall marry after the death of the said Agnes And my will and meaning is that this Codicill be and be adjudged to be part and parcel of my said last will and testament And that all things herein Contayned and mentioned be faithfully and truly performed and as fully and amply in every respect as if the same were soe declared and sett down in my aforesaid Last will and Testament In witness whereof I have hereunto sett my hand and seale this Thirtieth day of December in the year of our Lord God 1679./ Memorandum That it is my will and meaning that what is in this my Codicill Contayned shall not in the least destroy or invalidate anything contained or appointed by my will or former Codicill but that same be taken in the Conveyance that I have ordered to be made by my Trustees That they retain and performe to themselves therein the estate and ...... that I have to them devised and bequeathed in and by my last will and former codicil Anything in this my Codicill contayned to the Contrary thereof in any wise notwithstanding. The signe of William Ffortescue. Signed sealed and published in presence of John Conter William Randall John Lanworthy Senr.

Probatum fuit