Will of Roger Mallock, Esquire, of Exeter

Proved 20 May 1653

© Crown Copyright

PROB 11/41/81 Records of the Prerogative Court of Canterbury

Transcribed by John Moore

In the name of God Amen. The Tenth day of December in the yeare of our Lord God according to the Computation of the church of England one thousand sixe hundred fiftie one I Roger Mallock of the Cittie and Countie of Exeter Esquire an unprofitable servant of God doe willingly and with a free harte render and give againe into the hands of my Lord God and Creator my spiritt which hee of his fatherly goodnes gave unto mee when he first fashioned mee in my mothers wombe makeing mee a liveing and personalle Creature, nothing doubting but that for his infinite mercie hee will receave my soule into his glory and place it in the Companie of the heavenly Angells and blessed Saints, And as concerning my bodie even with a good will and free hart I give it over recommending it to the Earth from whence it came and to be buried in St Stevens Church in Exon as neere unto Anne my late deere and lovinge wife deceased as conveniently may be And my desyre is that my funerall may be decent and comely according to the discretion of my Executor and Overseers hearafter named, and hereby revokeing and makeing void all former wills and Testaments both in deede and in lawe I doe make publish and declare this writing to be my last will and Testament And as touching the lands tenements goods chattells and other worldly substance which it hath pleased God to bless mee withall I doe by the se…resente give devise and bequeath them in manner and forme following Inprimis I give and bequeath unto the poore people of every parish within the Cittie of Exon the summe of thirteene shillings and fower pence to each parish to be paid by my Executor or Executors hereafter named unto the Churchwardens of every parish aforesayd for the tyme being to be distributed and dispersed amongst them the day of my funerall Item I give unto Marie Carie and Susan my servants if they continue in my service at the tyme of my death to each of them Tenn pounds and unto every other of my Men servants and mayde servants as shall live with me at the tyme of my death the summe of Fortie shillings a peece to be paid unto them and every of them soe continuing in my service within twenty dayes after my decease Item I give unto my brother Richard Mallock and Anne his wife one Annuitie or yearely Rent charge of Tenn pounds to be issueing and goeing out of the house wherein I now dwell at the fower most usuall feast dayes of the birth of our Lord God the Annuntiation of the blessed Lady Saint Mary the Virgin the Nativity of St John the Baptist and Saint Michaell the Archangell by even and equall portions the first payment to begin and to be made uppon such of the foresayd feasts as shall happen next after my decease And if the same be not timely and orderly paid unto my sayd brother Richard and to his wife according to the directions true intente and meaning of this my will then it shall and may be lawfull for my sayd brother and his wife and the Survivor of them to enter and distraine into and uppon the sayd house and the distres soe taken to take and carrie away and to deteyne untill the sayd yearely Rent with tharrerages thereof if any shall happen to be fully satisfied and paid Item I give and bequeath unto my Cosen Sara Mallocke my brother Richards daughter the summe of twenty pounds of lawfull money of England to be paid unto her within one yeare after my decease Item I give and bequeath unto all the rest of by brother Richards children which shall be liveing at the tyme of my death the severall summes of Tenn pounds a peece to each of them to be likewise paid unto them within one yeare after my decease And my will is that if any of them die within that tyme that the legacie and legacies hereby given unto him her or them soe dyeing shall come and remayne unto the survivor or Survivors of them to be equally devided betweene them if the partie soe dyeing have noe childe or children, and if hee shee or they have any child or children then my will is that the legacie  of him or her soe dyeing having child or children that his her or their respective legacies shall remayne to such child if there be but one or unto all such children to be equally devided amongst them if there be more then one Item whereas Richard Hawker of Winsham in the Countie of Somersett Clothier hath by his deede indented bearing date the fower and twentith day of February in the thirteenth yeare of the Raigne of the late Kinge Charles for and in considerat[i]on of the some of three score pounds of lawfull English money to him paid hath conveyed and assured to mee and my Executors and assignes one Tenem[en]t of Ouerland in Winsham aforesayd and all his Estate therein for the terme of the naturall lives of the sayd Richard Hawker Anne his wife and Roger their sonne which Tenement the sayd Richard Hawker formerly purchased from the Deane of Wells I doe hereby give and devise and bequeath unto the sayd Anne Hawker the wife of the sayd Richard Hawker being my sisters daughter all and singuler the sayd Tenement and premisses To have and to hold to her during her naturall life, the remaynder of my Estate therein I give unto Roger Hawker their sonne provided allwayes and upon this condic[i]on that is to saye Richard Hawker Anne Hawker or Roger Hawker their Executors or Assignes doe well and truely pay or cause to be paid unto Marie Willett my sisters daughter the summe of thirtie pounds lawfull money of England within twenty dayes after my death which I doe hereby give unto the sayd Mary Willet, and if the sayd Richard Hawker Anne his wife and Roger their sonne doe not performe the same accordingly then my will is that the sayd Tenement shalbe sold at the best value that shalbe gott for the same which money soe to be raised upon the sale thereof shalbe devided betweene the said Mary Willet and Anne Hawker equally they being both my sisters children Item I give and bequeath unto my Grandchildren the children of my daughter Leach deceased vizt unto Nicholas Leach Grace Leach Symon Leach Anne Leach Charitie Leach and Elizabeth Leach the full summe of fowerteene hundred pounds lawfull English money to be devided amongst them in manner and forme following That is to saye unto Grace Anne Charitie and Elizabeth to each of them thre hundred pounds And to Nicholas and Symon to either of them one hundred pounds those legacies are to be paid unto them when they shall respectively accomplish their full age of one and twenty yeares, or sooner if they happen to marrie with the consente of my Executor or Executors or without disparagement which legacies soe given unto my daughter Leach her children I desyre may come out of my owne proper and p[ar]ticuler Estate without any relation to the Estate which doth remayne in my hands and wherewith I am trusted by my deceased sonne in lawe Mr Nicholas Leach And if it shall happen that the sayd sixe children or any of them shall dye before they attayne to the age of 21 yeares or be married then my will is that the legacie or legacies hereby given unto him her or them soe dyeing shalbe equally devided amongst the rest of the sayd children that shall survive And if neither of them doe attayne unto thage of one and twenty yeares or be married as aforesayd my will is that the sayd severall legacies be paid unto such child or children as shalbe lawfully begotten by my sonne Roger Mallock to be equally devided betweene them if they be more then one And for default of issue of my sayd sonne Roger and my daughter Grace her children all dyeing without issue my will is that the sayd severall legacies intended to be given unto my sayd daughter Grace her children be paid unto my sayd brothers sonnes to be equally devided betweene them Item I doe give and bequeath unto my brother Symon Snowe and Joseph Snowe soe much or soe many of my houshold goods as in a reasonable and indifferent value shall be worth Fourtie pounds the same to be made choice of by them Item I give unto my Grandsonne Rawlyn Mallock all those my Mannors of Brodclist and Smalridge in the County of Devon and the Mannor of Fidditon in the County of Somerset with their and every their rights members and appurtenances To have and to hold the sayd Mannors with their appurtenn[anc]es unto the sayd Rawlyne Mallock and the heyres males of his body lawfully begotten, and for default of such issue unto the heyres of the body of my sonne Roger Mallock lawfully begotten And for default of such issue unto my Grandsonne Nicholas Leach and the heyres of his body lawfully begotten and for default of such issue unto the heyres of the body of my sayd daughter Leach lawfully begotten and for default of such issue unto my right heires for ever Item I give unto my Grandchild Anne Mallock daughter of my sonne Roger Mallock the summe of five hundred pounds the same to be paid unto her at her full age of one and twenty yeares or marriage which shall first happen Item I give and bequeath unto my brother in Lawe Symon Snow Merchant and to his wife the summe of Twenty markes to buy them mourning clothes And to my brother in law Joseph Snowe the som[m]e of twenty Nobles to buy them mourning cloathes Item I give unto my sister Prudence Preye[?] likewise Twenty Nobles to buy her a mourning gowne Item I give unto my sister in Lawe Grace Bolt twenty Nobles in money to be paid unto her within twenty dayes after my death if shee be then liveing And all the rest of [my?] leases for lives and for yeares determinall upon lives and for yeares absolute, grants and licences to sell wyne, ready money plate debts Jewells goods houshold stuff and other personall Estate whatsoever not formerly bequeathed upon the great good hope that I have of my sayd sonne & fatherly affiance[?] and love that I beare unto my sayd sonne Roger Mallocke and out of the desyre that I have that all my reall and personall Estate my legacies only excepted should wholly come unto my sayd sonne and  to that end I doe hereby make and ordayne my sayd sonne Roger Mallock to be the Executor of this my will and unto whome I desyre that all the surplus of my personall Estate my legacies being satisfied shall come as Executor and not otherwise Provided allwaies that my sonne Roger Mallock doe within three moneths after my decease make probate in due forme of lawe of this my will and take upon him the due execution thereof, which if he shall refuse or neglect to doe I doe hereby revoke the sayd Executorshipp and all the benefitt that he might have had thereby, and I doe hereby make and ordayne my deare and loving brothers in lawe Symon Snow and Joseph Snowe to be my Executors of this my will, intreating them to take uppon them selves the care and burthen thereof to see this my will duely performed, and for their care and paines to be taken in this behalfe I give unto either of them that shall soe take upon him the sayd Executorshipp the som[m]e of Twelve pounds lawfull money of England Nevertheles uppon and with his trust and confidence that they imploye the Overplus of my personall and Testamentary Estate my will being fully performed unto and amongst my daughter Grace Leach her children equally to be devided amongst them And if my sayd sonne shall take upon him to make probate of the sayd will which I doe much desyre then I doe earnestly desyre my sayd two brothers in Lawe Mr Symon Snow and Joseph Snow for the love they have unto mee and to my deare wife their Sister deceased to bee Overseers of this my sayd last will and Testament And I doe hereby repose trust and * confidence in them to ayde assiste and advise my sayd sonne the best manner they can for the mannageing of his Estate and the due performance of this my will and Testament In Wittnes whereof I have hereunto sett my hand and seale the day and yeare first above written Roger Mallocke Signed sealed published and declared to be the last will & testament of the sayd Roger Mallocke the father in the presence of us whose names are hereunto written Robert Vilvain John Tickall Memorand[um] I give and bequeath unto my two brother in lawes Simon Snow and Joseph Snow Merchants the summe of Fifteene hundred pounds lawfull money of England to be paid unto them within two moneths next after the day of my decease in trust and for such uses as I have revealed or declared unto them, and by them not to be disclosed, charging them to performe the same as they will answere the contrary at Gods Tribunal, But if they shall betray my trust, it is my will and pleasure that they shall not be questioned for the same in any Court of lawe or Equitie In witnes whereof I have hereunto sett my hand and seale the sixteenth day of February one thousand sixe hundred fifty one Roger Mallocke witnesses at the sealing and publishing hereof Robert Vilvain John Tickell.

This Will was proved at Westminster the Twentieth day of May in the yeare of our Lord God one thousand sixe hundred fifty three before the Judges for probate of wills & grannting Ad[ministrati]ons appointed by an Act of Parliament entituled an Act of probate of wills and grannting Ad[ministrati]ons by the Oath of Roger Mallock the sonne of the deceased and sole Executor therein named To whome Administrac[i]on of all and singuler the goods chattells and debts of the sayd deceased which any manner of …y concerne the same will was grannted and committed Hee being first legally sworne by virtue of a Commission in that behalfe issued forth well and truely to Administer the same
This is a true Copy of the
originall will Duely
Examined by us
John Oliver
M[emoran]d[um] that I Recieved the above  Registerd
originall will out of the office For
Probate of Wills &c For my owne use as
Executor to my s[ai]d Deceased Father
therein named The Eleventh Day of
June 1653:
        By me
            R Mallock

* At this point is a marginal note in another hand:
Vicesimo quarto die mensis Octobris An[n]o Do[mi]ni 1682 Eno[…] Dom[in]o Rawlin Mallocke A…o nepoti ex filio et proximo Consanguin[…] Rogeri Mallocke d[ict]i def[unc]ti He[…]ntis &c Ad Administrand[um] bona Jura et Credita dicti defuncti juxta tenorem et effectum Test[ament]i …sius def[unc]ti p[er] Rogerum Mallocke jun[iorem?] ejus filiu[m] et Executorem jam olim mortuum non plene Administrato de bene &c vigore Commissionis Jurat[um]