Will of Richard Warham - September 16,
1623
[Probated Jan. 3, 1624/5 by John Wareham]
In the name of God, amen. I, Richard Wareham of Crewkerne, in the countie of Somerset, gent, being not well of body, but yet of perfect minde and memory, thanks be to God, doe make my last will and testament in maner and forme followinge. Imprimis I bequeath my soule to God that gave it, and my body to the earth from whence it came. I give to Agnes, my wife, all the corne that this yere growne upon my ground in Crewkerne feildes; and my will is that Agnes, my wife, shall have the use and occupacion of all suche beddinge as nowe remaineth in the two chambers over the hall and buttery as allso the use of any pewter, brasse and other necessarie implementes of howsehold as she shall have occasion to use during her widowhood; and then my will is that shee shall leave them to my executor. My will is that if the twoe partes of my copyehold which my wife must enjoye after me by custome doe not amount in value unto sixteen pounds per annum, then so much of Mr. Pimans lease as being added there unto will raise yt to that somme shall remaine for the performance of the same. I give unto Magdalen Gibbs, my daughter, six shillings eight pence, and to each of her children as much. I give unto Joan Cossins, my daughter, and to each of her children six shillings eight pence a peece. I give to Marie Jeanes, the somme of ffive pounds, to be paide a yere after her marriage, provided that shee marie not without the consent of her aunt and my sonne, John Wareham. I give to the poore of Crewkerne, twentie shillings, to be distributed at the discretion of mine executor. Whereas I stand and am ed possessed of and in divers leases, within the mannor of Crewkerne of certaine lands there of and from somme of the lords of the same mannor for and during the termes of three thousand yeares as in and by the same leases more att lardge yt maye appeare I doe will and devise the same unto John Wareham, my sonne, and after him to any one or more of his children that hee shall thinke fittest to bestowe it upon, and my will is that if the said John Wareham, my sonne, shall marrye, then it shall bee lawefull for him to assure fortye pounds per annum unto his wife, during her life out of the said leases, allways provided and my will is that if the said John Wareham, my sonne, shall to dye unmarried, or beign married shall dye without issure, then my will is that my leases of three thousand yeares before mencioned after such estate as hee shall graunt to his wife for terme of her life shallbe expired, shall comme and remaine unto Magdalen Gibbs and Joane Cossins, my daughters, to be equally devided between them by fower indifferent arbitrators whereof two shall be chosen by the one daughter, two by the other, but yf the said Magdalen Gibbs or Joan Cossins shall happen to dye before the said John Wareham, my soone, then my will is, that after the childrens decease of John Wareham, my sonne, and after such estate as he shall graunt unto his wife for terme of her life shall be expired, that my leases of three thousand yeares before mentioned shall come and remaine to any of the sons or daughters that the said Magdalen Gibbs and Joane have or may hereafter have, at the discretion of the ffathers of the said children to bee disposed by them after the former partition is made to any one of their owne children begotten by my daughter and to none other. My will is that whereas for diffect of issue in John Wareham, my son, I have devised the halfendeale of my leases of three thousand yeres in Crewkerne to Magdalen Gibbs, my daughter, and to her children after her, my will is that neither shee nor any of her children shall enjoy yt, but on condicion that shee suffer Joan, my daughter, and her issue to enjoy the halfendeale of my house in Crewkerne unlesse shee compound with her sister and give her valuable consideraction for it to the makeing of which composicion I doe give them lawefull power in any case my will is that the _______ of the said composicion shall remaine to her and her children and to none other. My will is that all the choldren o Magdalen Gibbs that she hath or may have shall dye childeless then the legasie bequeathed to her, after the decease of George Gibbs, her husband, shall remaine to Joane Cossins and her children and yf all the children that joane Cossins either hath or shall have dye childelesse, the legasie bequeathed to her and them after the deacease of her and her husband shall remayne to Magdalen Gibbs and her children and if both their children die childeles, then after their and their husbands decease yt shall remaine to ye poore of Crewkerne towne. Not withstanding all former legacies devised, willed, given and bequeathed, I give my executor full power and authoritie to sell all my former leases in Crekerne aforesaid for and towards the setling of his children in some other place and otherwise. The residue of all my goods, leases, chattells and debts not before given nor bequeathed my debts and legacies discharged I doe give and bequeath unto John Wareham, my son, whom I doe make my full whole and sole executor of this my last will and testament.
/s/ Richard Wareham Signed, sealed and delivered in the presence of us William Gaylord, the mark of me, Mary C________es.
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