Will of John Mortimer 1604

Proved 29 March 1605

© Crown Copyright

PROB 11/105, Records of the Prerogative Court of Canterbury,
Name of Register: Hayes Quire Numbers: 1 - 53

Transcribed by Devon Record Office, provided by Diana Allen

Brief Summary (Devon Record Office Archivist)

The will has been transcribed separately and a copy is enclosed. The date it was proved was 29 March 1605 not 1604 as stated by the National Archives.
It appears that he left several legacies to his servants and to the poor of the parish. He also left money to his brother William, and his niece Julian, and the remainder of William's children, not named.
Money was also left to brother Nicholas and his children Hugh and Bridget, his sister Alice Gifford and her daughter Jone, his sister Joane Fugare, Wilmot Woodyeate, John Hall and John Mortimer godsons and another relative Thomasine Fulford.

Johannis Mortimer - John Mortimer

In the name of God Amen. The first day of February in the year of our Lord 1604 in the second year of our soveraigne Lorde James by the grace of God of England Scotland Fraunce and Ireland kinge defender of the faith and of Scotland the eight and thirtieth I John Mortimer of Prierton in Sandford within the parish of Crediton in the Countie of Devon yeoman being sick in body but p[er]fect of mind and rememberaunce, thankes be therefore given to almightie god,. Revoking and adnihilating all former wills and testamente s, make and ordain this my last will and testamente in manner and forme followinge. That is to saie, first I give and bequeath my soule unto to the hands of almightie god my onely maker and Redemer, And my body I comit to the earth to be interred in such place as to mine executrice of this my last wyll and testamente shall be thought meete, Item I give and bequeath to William Taylder my usuall Labourer Roberte Reede th'elder William Robart th'elder Mary Lovell widowe Henry Gosse Nicholas Stuckey and to William Stevens poore people inhabitinge within the quarter of Sandford aforesaid the full somme of fiftie shillinges lawfull money of England to be distributed and devided amonge them in manner and forme followinge. That is to saie, to the saide William Talyder xx s, to the saide Robert Reede th'elder five shillinges To the said William Robart th'elder five shillinges To the saide Mary Lovell widd. five shillinges To the saide Henry Gosse five shillinges To the saide Nicholas Stuckey five shillinges And to the saide William Stevens th'elder five shillinges Item I give and bequeath tenne poundes of lawfull money of England to remaine and to be to the use and benefit of the poore people inhabitauntes within the quarter of Sandford aforesaid for ever in manner and forme followinge that is to saie, to such five poore men as shall be thought fit, to the direc[i]on of the twelve and side men of Sandforde aforesaid for the time being xl s a peece for the space of thre whole yeres, And then to five other such poore men for thre other whole yeres then consequently followinge, And soe to continue successively to other such five poore men as aforesaid from thre yeres to thre yeres for ever. Provided allwayes And my will intent and meaninge is that every such poore man shall with two sufficiente sureties at or before the receive the saide xl s (40 s) enter into hande of fower poundes lawfull Englishe money unto the twelve and sydemen of Sandford aforesaid for the time beinge or to some two or thre of them for the five payments of the saide xl s at every such thre yeres end accordingly Item upon condic[i]on and for that James Mortimer Emanuell Page and John Lowbone now my servauntes contynue my servauntes untill my death, I give and bequeath unto the saide James Mortimer one hundred pounds of lawfull money of England To the saide Emanuell Page fortie pounds lawfull money of England. And to the saide John Lowborne fortie poundes lawfull money of England, to be paied to each one of them within the space of one halfe yere nexte after my decease Item uppon condic[i]on likewise And for that Gilbert Lowbone Joane Lytle and Agness Ffugars now my servauntes contynue my servauntes untill my death I give and bequeath to the saide Gilbert Lowbone five pounds lawfull money of England to be paied unto him when he shall accomplish the age of one and twentie yeres, To the saide Joan Litle three poundes lawfull money of England , And to the saide Agnes Ffugars xl s (40 s) lawfull money of England to be paied to each one of theme within the space of one quarter yeare next after my decease. Provided alwayes and my wyll intent and mea[n]ing is that if any or either of my servauntes to whom I have before given Legacye uppon condic[i]on shall departe out of my service before my death: That then his her or their parte or partes soe departing out of my service shall remaine to my executrice and she to be absolutely discharged from payment of anie such legacie by virtue of this my laste will and Testament Item I give and bequeath to William Mortymer my brother tenne poundes lawfull money of England to be paide unto him within one quarter of a yeare nexte after my decease, Item I give and bequeath to Julian Mortimer the daughter of the saide William Mortimer five pounds lawfull money of England to be paid unto her when she shall accomplish the age of one and twentie yeares Item I give and bequeath to the residue (of the children - crossed out) of the saide William Mortimer his children xl s a peece lawfull money of England to be paied to each of them as they shall accomplish the age of one and twentie yeares. Provided always that if anie or either of them die or decease before the accomplish the age of one and twentie yeres: that then his her or their parte or partes soe dyenge shall remaine to the residue then being, equaly to be divided amongest them, Item I give and bequeath to Nich[ol]as Mortimer, my brother tenne pounds lawfull money of England of due debt w[hi]ch he oweth me without espetialtie (especiality) Item I give and bequeath to Hugh and Bridget the sonne and daughter of Nicholas Mortimer five pounds lawfull money of England equaly to be devided amongest them which five pounds (the said -crossed out) Nich[ol]as their father oweth unto me of due debt without espeacialty (especiality) likewise, to be paid unto them as they shall accomplish the age of one and twentie yeres, Item I give and bequeath to my sister Alice Gifford thre poundes lawfull money of England to be paied unto her (within one -crossed out) within one quarter of a yeare nexte after my decease, Item I give and bequeath to Jone Gifford the daughter of the saide Alice Gifford xl s lawfull English money to be paied unto her when she shall accomplish the age of one and twentie yeres Item I give and bequeath to my sister Joanes Ffugare xl s lawfull money of England to be paied unto her one quarter of a yeare nexte after my decease, Item I give and bequeath to Wilmott the wife of William Woodyeates the younger twentie poundes lawfull money of England to be paid unto her within the space of one halfe yeare nexte after my decease Item I give and bequeath to John Mortimer the sonne of Roger Mortimer my godsonne xl s lawfull money of England to be paied unto him when he shall accomplish the age of one and twentie yeres Item I give and bequeath to John Hall the sonne of John Hall my godsonne xx s lawfull English money to be paied unto him when he shall accomplish the age of one and twentie yeres Item I give and bequeath to Thomas Stuckey my servaunte xx s lawfull English money to be paied unto him when he shall accomplish the age of one and twentie yeares Item I give and bequeath to my poor kinswomen Thomasine Ffulford xx s (20 s) lawfull money of England to be paied unto her when she shall accomplish the age of one and twentie yeares Provided alwaies And my will intent and meaning is That if anie or either of those to whom I have before given legacy to be paied when they shall accomplish the age of one and twentie yeres have any frende that in their behalfe can and will give sufficient securetie to mine Executrice hereafter named for her discharge And that they shall seale a release for their parte soe received when they shall accomplish the age of one and twentie yeares: That then all those that have such frende that wiil soe doe shall have their porc[i]on paid within one quarter of a yeare nexte after my decease Item I give and bequeath to Thomas Frenche xl s lawfull money of England Item uppon condic[i]on and soe that Wilmote now my wife whom I purpose god willing to make executrice of this my last wyll and testamente shall after my decease marry and take to husband any man that then I give and bequeath to be distributed by my Overseers hereafter named amongeste such of my knisfolk as they shall thinke in their discrec[i]ons to have most neede and by such porc[i]ons as they shall think fit one hundred and fiftie poundes lawfull money of England to by payed within one quarter of a yeare nexte after such marriage had and solempnized. The rest of my goodes nott given nor bequeathed I give and bequeath to Wilmote my wife whom I ordain and make my sole Executrice of this my last will and testament, And I doe desire my wellbeloved brother in lawe John Clarke and frendes Richard Reed and John Hall to be the Overseers of this my last will and testament and to doe their best indeavors to see the same p[er]formed And I give unto them towards their paines taken in that behalf xx s a peece lawfull money of England. In witness whereof and that this is my verye last will and Testament I have hereunto sett my hand and seale yeeu[p]on (hereupon) the day and yeare first above wrytten in the pr[ese]nce of John Clarke Richard Reed and John Hall

Probate was made of the above written testament at the Court of London before John Hane Doctor of Law surragate of the venerable Sir John Gibson knight and Doctor of Law at the Prerogative court of Canterbury legitimately constituted by the master guardian on 29 March in the year of our Lord one thousand six hundred and five. On the oath of Wilmote Mortimer widow of the deceased and executrice named in the will to whom the administration of the goods, rights and credits of the deceased was made to well and faithfully administer the same.
Also before George Tucker, Clerk, keeper deputated at that place in due form of law.