Will of Thomas Pooke, Gentleman of Kentisbeare (1714/5)

© Crown Copyright

National Archives Catalogue Reference  PROB 11/538/206  
Records of the Prerogative Court of Canterbury, Aston Quire Register Numbers: 1 – 43

Transcribed by Art Ames

Proved 4 February 1714/5

In the Name of God Amen

The second day of February in the year of Our Lord according to the computation of the Church of England one thousand seaven hundred and seaven 1707 I Thomas Pooke of Kentisbeare in the County of Devon Gent being of a sound perfect and disposing mind and memory thanks be given to Almighty God for the same but calling to mind the uncertainty of Life and certainty of death and therefore  being desirous of settling my mind to concerning such worldly goods and estates as God hath blessed me with all do make this my last Will and Testament in manner and forme following (that is to say) 

First of all I recommend my Soul into the hands of Almighty God my Saviour in hopes of eternal salvation through the merits and mediation of Jesus Christ my Saviour and I desire that my body may be decently buried. 

Item I give unto my wife Joane one feather bed performed which stands in my hall chamber and it being the bed I lodge in and also one truckell bed performed which stands in the same chamber. 

Item I give more unto my wife Joane two of my middle sort of pottage potts and the potthangings thereunto belonging and also the great brass kettle and the little brass kettle and also three of my middle sort of brass pans and also one table board and form which stands in the milkhouse and also two leather chairs which stands in the parlour and also one chest and one box which were her maiden chest and box and likewise six of my middle sort of pewter dishes. 

Item I give devise and bequeath all that messuage and tenement at Ayshill called Mitchells and the tenement at Kurzcott called Carters and the several fields of land meadow and pastures called or commonly known by the several names of the Rackclose close the lower Umbrooke the Rattell Top the Drye close the Stambridge and the Little Meadow all which said tenements and fields of land now or late were parcells of the mannor of Hackpen within the parish of Uffculme in the said county of Devon unto my dear and loving brother in law John Holway of Kentisbeare aforesaid gent and my loving friend Robert Westron of Uffculme aforesaid Gent and to the survivor of them and the heires and assignes of such survivor to the several uses intents and purposes and subject to the several trusts powers conditions and limitations hereinafter expressed and to and for no other use intent or purpose whatsoever (that is to say) 

Upon Trust to preserve the contingent remainders and in the first place to permit and suffer my kind and loving wife Joane to receive and take the Rents Issues and profitts of all and singular the said tenement called Mitchells for and during the term of her natural life 

And from and after her decease then upon this further trust to permit and suffer my kind and loving sonn Thomas Pooke to receive and take to his own use the rents issues and profitts of all and singular the said tenement called Mitchells and also to permit and suffer my said son Thomas Pooke immediately from and after my decease to receive and take the rents issues and profitts of all and singular the said fields of land meadows and pasture called the Rackclose the lower Umbrooke the Rattel Tap the Dryclose the Stambridge and the Little Meadow during the term of his natural life with full power in my said sonn Thomas Pooke to make any jointure or jyintures of the said tenement and fields of land to him herein before limitted to any person or persons that he shall happen with all to marry for the term of such her natural life

And from and after the determination of the several estates herein before limitted then to the use of the first sonn of the body of my said sonn Thomas Pooke lawfully to be begotten and to the heirs males of the body of such first sonn lawfully to be begotten and for default of such issue then to every other sonn or sons of the body of my said sonn Thomas Pooke lawfully to be begotten and to the heires males of every other sonn and sonns respectively and successively to take one after the other as they shall be in priority of birth the elder and the heirs males of his body to be always preferred before the younger and the heirs males of his body. 

And for default of such issue then upon this further trust to permit and suffer my sonn John Pooke to receive and take to his own use the rents issues and profitts of all and singular the said tenement called Mitchells and the said several fields of land herein before mentioned during the term of his natural life with full power in my said son John to make any joynture or joyntures of the said tenement and fields of land to him herein before limited to any person or persons that he shall happen with all to marry for the term of such her natural life 

And from and after the determination of the several estates herein before limited then to the use of the first son of the body of my said sonn John Pooke lawfully to be begotten and to the heires males of the body of such first son lawfully to be begotten and for default of such issue then to every other sonn and sons of the body of my said sonn John lawfully to be begotten and to the heires males of every other sonn and sonns respectively and successively to take one after the other as they shall be in priority of birth the older and the heires males of his body to be always preferred before the younger and the heires males of his body and for default of such issue then to all the daughters of my said sonn John lawfully begotten or to be begotten and to their several and respective heires And for default of such issue then to my daughter Elizabeth and to her right heires for ever. 

And as for touching and concerning my said Tenement called Carters with full power in my said Trustees and the survivor of them by the perception of the rents issues and profitts thereof or by granting or mortgageing the said tenement for any number of years not exceeding the term of two hundred yeares to be accounted from my death of by any other ways or meanes at their discretion to raise yearly and every year immediately from and after my decease the clear sum of seaven pounds of lawful money of Great Britain free of all rates and taxes for and towards the maintenance and education of my said daughter Elizabeth untill she shall attain and be of the full age of three and twenty and no longer. 

And my Will further is that my said Trustees shall and will at or before my said daughter shall attain to the age of three and twenty as aforesaid to raise more out of the aforesaid tenement the full sum of two hundred pounds to and for the use of my said daughter Elizabeth and to be paid unto her by my said two trustees John Holway and Robert Westron or the survivor of them or the executors or administrators of such survivor in such manner as hereafter is mentioned (that is to say) 

The sum of one hundred pounds part thereof to be raised and paid unto my said daughter Elizabeth when she shall attain and be of the full age of three and twenty as aforesaid and the other hundred pounds residue thereof to be paid unto my said daughter Elizabeth when she shall attain and be of the full age of five and twenty 

But in case my said daughter shall happen to die before she shall attain to the several ages aforesaid, that then my will further is that the legacy and legacies that shall not become due and payable by this my Will to my said daughter Elizabeth shall go and remain to my said sonn Thomas Pooke provided always nevertheless 

And my will is that when my said daughter Elizabeth shall attain to the several ages aforesaid and when the said sum of two hundred pounds shall be fully raised and paid as aforesaid that then the said term of two hundred years shall cease determining and be utterly void provided likewise And my will further is that in case my said sonn Thomas to whom the inheritance of the promises hereafter is given after my decease do and shall well and truly pay or raise to be paid unto my said daughter Elizabeth the said several sums of money hereby to her given at such times as the same ought to be paid to her as aforesaid that then and from thenceforth also the said term of two hundred years herein before devised to the said John Holway and Robert Westron as aforesaid shall cease determine and be utterly void to all intents and purposes whatsoever anything herein conveyned to the contrary thereof in any wise notwithstanding. 

And my will further is that after the payment of all the said severall sums of money to my said daughter Elizabeth I give and devise the aforesaid tenement called Carters to my said sonn Thomas Pooke his heires and assignes for ever. 

And whereas I am possessed and interessed of and in all the capital messuage farm and tenement called or known by the name of Wresson situate lying and being within the parish of Kentisbeare aforesaid and which I lately purchased of Henry Henly esq. for the term of ninety nine years determinable on the deaths of my said wife Joane and my said sonn Thomas I do hereby give and bequeath the same unto my said sonn Thomas Pooke until my said sonn John Pooke shall attain unto his full age of three and twenty yeares.

But upon this condition nevertheless that my said son Thomas shall and will by and out of the rents issues and profitts of my said tenement pay yearly by equal proportions quarterly the full sum of six pounds clear of all rates and taxes to my said sonn John Pooke until he shall attain to the age aforesaid. 

And my will further is that when my said sonn John Pooke have attained to the full age of three and twenty I do hereby give and bequeath all my estate right title and interest of and in the aforesaid tenement called Wresson with the appurtenances unto my said sonn John Pooke his executors administrators and assignes for and during all the rest and residue of the said term of ninety nine years which shall be then to come and unexpired

Item I give more unto my said daughter Elizabeth the chest of drawers now standing in the entry chamber and also the trunk which she keeps her cloathes in

Item I give and bequeath unto my cousin John Legg of Uffculme aforesaid the full and clear sum of twenty shillings yearly and every year so long as he shall happen to live free of all rates and taxes which said sume of twenty shillings herein before given to be paid yearly and to be bestowed in wearing apparell for his use by my executor hereafter named. 

All the rest of my goods and chattles whatsoever not hereinbefore given my debts and legacies being first paid and my funeral expences discharged I give and bequeath the same unto my said sonn Thomas Pooke whom I do make whole and sole executor of this my last Will and Testament. 

In witness whereof I have hereunto set my hand and seal the day and year first above written Thomas Pooke 

Signed sealed published and declared by the testator to be his last Will and Testament and immediately thereafter in his presence subscribed and attested by us  Jo. Moore Agnes Mills Mary Were

Transcriber Note 

Probate is in Latin – date written is 4 February 1714  - London  - Prerogative Court of Canterbury - Judge Charles Hodges – executor Thomas Pooke