Will of John Atwill, Yeoman of Kenton

Proved 14 November 1600

© Crown Copyright

PROB/11/96/302, Records of the Prerogative Court of Canterbury

Transcribed by John Moore

In the name of god Amen the Eightenth daye of January in the yeare of our Lorde god One Thousande Five hundred fourescore and Nynetene and in the Two and Fouretithe yeare of the reigne of our sovereigne Lady Elizabeth by the grace of god of Englande Fraunce and Irelande Queene defender of the faithe Etc I John Atwill the elder of Kenton in the Countie of Devon yoman make and ordeine this my presente Testamente declaringe therein my last will in manner and forme followinge, Inprimis I commend my soule into the handes of god and my bodie to Christian buryall, Item I give and bequeathe unto the Churchwardens of Kenton aforesaide Twentie shillinges of lawfull money of Englande, to be employed and bestowed for and towardes the better maynetenaunce and reparac'on of the parishe Churche of Kenton aforesaide, Item I devise and bequeathe to the Churchwardens of the parishe Church of Manhed¹ Twentie shillinges of lawfull English money to be employed for and towardes the better maynetenaunce and reparac'on of the same parish Churche, Item I devise and bequeathe to the Churchwardens of the parish Churche of Powderham twenty shillinges of lawfull Englishe money to be employed for and towardes the better maynetenaunce of the saide parishe Churche, Item I give and bequeathe to every of my Godchildren twelve pence a peice, And to every of my servantes that shall be in my service at the tyme of my deathe, six shillinges and eight pence a peece, Item I give and devise unto John Atwill my sonne All suche mylstones Tymber leade Geldinges and mares and other implements whatsoever as belonge to my Milles scituate and beinge in Kenton aforesaide and called or knowen by the name of the Customarye Milles of Kenton, or occupyed to or withe the same, Item I give and bequeath unto William Atwill my sonne the Beadsteed and Bed performed in the Chamber over the Parlour withe the greate Chist in the same Chamber And my seconde best brasen Panne, And my Second best Pott or Crocke, Six platters of pewter, Six podingers of pewter, to be delivered by the appoynetmente of my Executrix hereafter named, Item I give and bequeathe unto the saide John Atwill my sonne the Moyetye of all those messuages landes and Tennementes withe their appurtenaunces in Kingsteyman² in the Countie of Devon whiche I latelie purchased of John Copplestone of nearly³ in the saide Countie of Devon esquire, for and duringe the tearme of manie yeares if the saide John and william my sonnes and John Atwill sonne of my saide John, or anie of them soe longe happen to lyve, To have and to hould unto the saide John my sonne for and duringe the tearme of Threscore yeres, if the saide John my sonne soe longe shall live, And I also will and devise That after the decease of the saide John my sonne, The same moyetie shall Remaine and come unto Elizabethe wiefe of the saide John my sonne for and duringe the tearme of Threscore yeares, if the saide Elizabethe soe longe after the death of her saide husbande shall live soe and unmaryed, And I further will and Devise That after the decease of the saide John my sonne and determynac'on of the saide Estate of the saide Elizabethe, That the sayde moyetie shall remayne and come unto the saide william my sonne for and duringe the tearme of threscore yeres, if the saide william soe longe shall lyve, And after the determynation of the saide estates of the saide John and will'm my sonnes, and of the saide Elizabeth That the saide moyetie shall remaine and come unto the saide John Atwill the sonne of the saide John my sonne for and duringe all the terme of yeres that shall be then to come and enduringe of and in the same, Item I will devise and bequeathe unto the saide william Atwill my sonne, the other moyetie of the saide messuages landes and tennements withe their appurtenaunces in Kyngstaynton aforesaide, To have and to hould unto the saide william my sonne for and duringe the terme of Threscore yeres, if the saide William and John my sonnes soe longe shall live bothe togeathere, And after the determynac'on of the saide estate of the saide william, I will and devise that the saide laste recited moyetie of the premisses shall remaine and come unto the saide John my sonne, To have and to houlde to him for and duringe the terme of Threscore yeres, if he soe longe shall live, And after his decease, I will and devise that the saide last recited moyetie of the saide premisses shall remaine come and be unto the saide Elizabethe wiefe of the saide John my sonne, for and duringe the terme of threscore yeres, if she the saide Elizabeth soe longe shall live sole and unmaryed, And after the determynac'on of the saide estates of the saide John and Elizabeth his wiefe, I will and devise That the saide last recited moyetye shall remaine and come unto the saide william Atwill my sonne for and duringe the terme of Threscore yeres, if the saide william soe longe shall live, And after his saide estates determyined, and also the saide estates of the saide John and Elizabeth his wiefe determyned Then I will bequeathe and devise that the saide last recited Moyetie shall remaine and come unto the saide John Atwill sonne of the saide John my sonne, for and duringe the residue of the saide tearme of yeres than to come and enduringe of and in the same, Item I devyse and bequeath unto Elizabethe my wiefe All those my messuages houses and edifice whiche I lately errected and builded and all my landes meadowes and pastures in myne in…aunce or occupac'on withe their appurtenaunces in the parishe of Mamhed in the saide Countie of Devon Exceptinge and allwaies reservinge out of this present Device One Tennemente and one Farthinge of lande meadowe and pasture latelie in the tenure or occupac'on of Thomas Warringe al's Sparke and Margaret his wiefe, To have and to houlde the saide messuages and other the premisses, Except before excepted unto the said Elizabeth my wiefe for and duringe the tearme of her life, And after her decease my mynde and will is, And I doe hereby will devise and bequeathe All my messuages landes Tennementes and hereditamentes set lienge and beinge in or within the village or Hamlet of Escott within the saide parishe of Mamhed unto the saide John Atwill my sonne, And to the heires males of his bodie lawfullie begotten or to be begotten soe longe and untill the saide John my sonne or anie of his heires males shall attempt practize or goe aboute or put in … anie overt publique or apparannt Act or actes thinge or thinges whatsoever whereby or by reason whereof the saide Estate in Taile unto him and them lymytted and appointted by this my last will and Testamente in the premisses or anie parte thereof should be discotynued or the yssue in Tayle thereof barred, if the saide act, or actes, thinge, or thinges, were nor should be fullie executed and perfected, and shold nott remaine and be unto the saide John my sonne and the heires males of his bodie accordinge to the true intente and meaninge of this my last will and Testament : That then and ymeadiatelye after suche over publique or apparannte attempte practize or goinge aboute or puttinge in ..., and before the same shall be fullie executed and perfected All the saide premisses in Escott aforesaide shall whollie remaine come and be unto William Atwill my sonne and to the heires males of his bodie lawfullie begotten, or to be begotten, soe longe, and until the saide william my sonne or anie of the heires males of his bodie shall attempt practize go aboute or put in ... anie overt publique or apparannte act or actes thinge or thinges whatsoever, whereby or by reason whereof the saide Estate entayle to him or them lymitted and appoynted by this my last will and Testament in the premisses or anie parte thereof should be discontynued or the yssue entayle thereof barred, if the saide acte or actes thinge or thinges were or should be fullie executed and perfected and should not remaine and be unto the saide william my sonne and the heires males of his bodie accordinge to the true intente and meaninge of me the saide John Atwill the elder declared in this my last will and Testament That then and ymeadiatlie after suche overt publique or apparannte attempt practise goinge aboute or puttinge in ... and before the same shall be fullie executed and perfected to make anie suche discontynuaunce of the premisses or anie p'cell thereof all the saide premisses in Escott aforesaide shall whollie remaine unto the right heires of me the saide John Atwill the elder for ever, Item I will devise and bequeath unto the saide John Atwill my sonne All the residue of my messuages landes tennementes and hereditamts with their appurtenaunces in Mamhed aforesaide, To have and to houlde unto the saide John my sonne and to the heires of his bodie lawfullie begotten or to be begotten, And for default of suche issue the Remaineder thereof unto the right heires of me the saide John Atwill the elder for ever, Item I devise will and bequeathe unto the saide william Atwill my sonne All my messuages landes Tennementes and hereditamentes with their appurtenaunces in the parishes of Northbovye Powderham and Kenton in the saide Countie of Devon, To have and to hould unto the saide william Atwill and to the heires of his bodie lawfullie begotten, or to be begotten, And for default of such issue the Remainder thereof unto the right heires of me the saide John Atwill the elder for ever, Item the Residue of all my goodes and cattell as well moveable as unmoveable here not willed nor bequeathed I give and bequeathe unto the saide Elizabethe my wiefe, whom I make and ordeine my sole Executrix of this my last will and Testamente to Dispose the same, as to her shall seeme good, In witnes whereof to theis presents I have sett myn Seale and subscribed my name, in the presence of those p'sons here under written and named⁴

Probatum fuit Testamentum supra scriptum apud London coram ven'abili viro m'ro Joh'e Gibson Legum Doctore Curie p'rogative Cantuariensis viro Custode sive Com'issario l'time constituto decimo quarto die mensis Novembr' Anno Domini Millessimo Sexcentessimo Juramento viri Allexandri Serle Notarij publici procuris Elizabethe Reli'e d'c'i Defuncti et Executricis in huioi Testamento nominate Cui com'issa fuit Administratio bonoru' Juriu' et creditorum eiusdem defuncti De bene et fidel'r Administrand eadem Etc Ad s'ta Dei Evangel' Ex' iurat'

¹Mamhead
²Kingsteignton, vid. inf.
³Error? Omission?
⁴Not shown