Everard Digby of Holwell 1628 Will

Leicestershire, Leicester and Rutland Archives, Leicestershire Wills and Probate Records 1628

In the name of god Amen the vith day of February in the second yeare of the Rayne of our Soveraigne Lord Charles by the grace of god kinge of England Scotland France and Ireland defender of the faith &c And in the yeare of our lord god 1627 I Everard Digbie of Holwell in the parish of Apcettelby in the County of Leicester Esqr do make and ordaine this my last will and testament in manar and forme followinge

First I comend my soule into the hands of Allmightie God hopinge assuredly through the only merits of Jesus Christ my saviour to be made partaker of life everlastinge and my body I comend to the earth from whens it was

Ite that whereas I by my deed, indented beinge date the vith day of February in the second yeare of the raigne of our Soveraigne Lord Charles by the grace of god kinge of England Scotland France & Ireland and made between me the said Everard Digbie of the one parte & George Tate of Sutton a Bunington in the County of Nottingham Esqr and Thomas Longlands of Holwell in the County of Lecestar yeoman of the other parte did give & grante infeff and conferme unto the saide George Tate and Thomas Longlands all theys my messuages, Cottages, houses, medowes, pastures, landes, tenements, comons, Rectories, tithes, hereditaments, whatsoever with other appurtenances, situate, standinge, beinge, cominge, growing, incresinge, or renewinge in Hollwell or Apkettelbie, aforesaid or in either of them or else where within the County of Lecestar To have & to hold the said messuages, cottages, houses, meadowes, pastures, lands, tenements, and hereditaments, and all other the premises with the appurtenances & the revartion & revartions remendar & remendars of all & every of the same unto the said George Tate and Thomas Longlandes ther heires and assignes for ever to such uses intents and purposes as be specified menconed limited or deklayred in the said Indenteauer In which said Indenteauer ther is contained one proviso or condicon the tenor whereof is as foloweth Provided allwaies & upon condicon folowinge And it is fully covenanted, granted, condi… and agreed by and between the said parties to thes present Indenteures and it is the trew intent and meaninge thereof that it shall be lawfull to & for the aforesaid Everard Digbie at any tyme or every tyme & tymes & from tyme to time thensforthe during his naturall life, by his writinge Indented or by his last will & testament in Writeinge by him sealed & subscribed before tou sufficient witnesses or more to altar change detarmyne demishe or inlarge any or all the uses, estate estates limitations or intents comprised in these Indenteuers And allsoe at his will & pleashewer by the same his deed or writeinge Indented or by his last will & testamente sealed & subscribed as aforesaid to limit & appoynt the use or uses of the aforesaid messuages, cottages, lands, tenements, hereditaments & premises or of any parte of the same to the aforesaid person or persons or to any othar person or persons in fee simple fee tayell for terme of life or lives or of yeares or otharwise And that the said feffees and the survivor of them & his heayers shall stand & be seaysed of the sd messuages cottages, lands, tenements, hereditaments, & premises with the appurtenantes to such & the same uses that in his said writeinge to be sayled by him before tow sufficient witnesses or more or by his last will & testamente sealed & published, by him before tow sufficient witnesses or more shall be limited or appoynted & to none other use & uses intent or purpose any mattar or thinge before these present Indenteuers mentioned to the contrarye therof in any wise not withstandinge

Now therfore I beinge minded disposed and fully deturmined to altar & change the uses declared in the sd Indenteuers do therfore by this my last will & testament notify & signify & deklayre that the aforesd messuages, cotages, lands, tenements, Rectories tithes hereditaments & premises with the thappurtenanses & the uses in the sd Indenteuer expressed & all assurance & assheurances here tofore had & made of the premises or of any parte thereof shall from & after my deces remayne & be to such person and persons & to such intents & purposes as her after in this my will are expressed & declared The sd Indenture, or any other assheurances or conveance of the said messuages, cottages, lands, tithes, hereditaments premises or any part there of to the contrary therof in any wise not with standinge that is to say for & as touchinge all that my rectory & parsonage of Apkettelby & Holwell in the County of Lecester which I lately purchased with all the tithes, oblations & Obventions & all the profete & comodites whatsoever to the same belonginge lyinge, beinge cominge growinge increasinge or renewinge in Apcetelbye or Holwell aforesd My minde & will is & I do therfore by this my will devis & appoynt And I doe therfore by this my last will devis & appoynt [sic repetition] that the same shalbe sould by the executrixe of this my last [“will” missing] within one yeare next after the day of my death to such person or persons as will give most money for the same for & towards the resinge & makinge upp of such a complet sum of money as may suffis for the payment & discharge of all my deates porsuons & legacias as hereafter in this my will are expressed That is to say

To Jane my eldest daughter that now is living the sume of tow hundred pounds of lawful money of England

It to Anne my seconde daughtar the sume of two hundred pounds of like lawfull money

Item to Tabithay my third daughtar the sume of two hundred pounds of like lawfull money

Allsoe to Mary my forth daughtar the sume of two hundred pounds of like lawfull money for & towards there prefermenth in marriage or mentenans

All which said severall portions & somes of money thus as aforesd menconed for my said foure daughters shalbe due & payable unto them within one yeare next the day of my death

And if any of my said daughters shall fortune to dye befor the tyme that her or their legasys soe dyinge shall be deue and payable as aforesaid then my mind & will is that such legatie or porton of such my daughtar or daughtars as so shall fortune to die shall goe … & be paid to such of my daughtars as shall survive & be leveing when the sade ought to be paid in augmentars & witness of hur or theire portiones

Item I geve & bequeayth to my sonne John Digbie the some of one hundred poundes of lawful money of England & to my sonne Nathaniell Digbie the some of one hundred pounds of like lawfull money to be paid all … them as the severally shall attayne & come to the age of one & twentyth yeares

And if it happen that yf eithar of sd sones John Digbie or Nathaniell Digbie shalle dye before they attayne the age of one & twentie yeares that then his said porcon & legacie that soe shall hapen to die shall accrue goe & be paid to him that shall be levinge of my sd two sones for the intrease of his porcon

And if both my sd menconed sonnes shall fortune to be Dead before the attaine the age of twentie & one yeares then the wholle two hundred poundes, to them as aforesaid bequeathed, shall be equally devided amongst my daughters that then shall be leving for furtar intreas of their porcons

And for as towchinge the resedew of all other my messuages, landes tenements & hereditaments whatsoever & the reversion & reversions remendar & remendars of the same, shall from & after the death of Ellen my beloved wife bee, goe come, remaine, & be to & for the use & behoof of such my sones & to his heires & assignes as my said beloved wife Ellen Digbie shall by her last will & testament in writeinge to be sealed & subscribed with her hande in the presence of two sufficient witnesses or more devise & appoynt the same And that the said feffees or the survivor of them & his heires shall stand & be seised of the said messuages, lands, tenements and hereditaments, to & for the use & behoofe of such my sonnes & of his heires & assignes as soe shall be nominated, or appoynted by my said wife to have & enioy the same Provided allwayes, & my mening is, that if Ellen my wife shall by such her will devise and appoynt the inheritans of the last mentioned premises to any other of my sonnes, then to Everard Digbie my eldest sonne that then said my sonne Everard Digbie shall have one annewty or yerly rent of twenty markes of lawfull money of England for the terme of his life to be issewinge & growinge out of all the said last mentioned premisses at two dayes in the yeare by equall portions That is to say at the feast of St Michahell the archangell and at the Annunciacon of the blessed virgin Mary by even & equall portions the first payment thereof to begin at the first of the said feast dayes that then shall next enshew the death of the said Ellen

Item further my will is that thos ould tenants which god hath sent me as William Ellat & Francis his wife William Pickforcke & Jone his wife, Richard Alsope & Agnes his wife usinge themselves in good & dutifull maner & sarvis, usinge the … as they ought to do tennentabell & keepinge their howses in good repaire & tennentable with all other repairracons shall have them duringe there lives

Item I give & bequeath to Elizabeth Hayes my nurs three poundes six shillings foure pence to be paid within one yeare after my deces

And for the performance of this my last will I constitute ordayne & make my well beloved wife Ellen Digbie my sole Executrix And I hartyly intreate my Coson Mr George Tate of Sutton a Bunnington in the County of Nottingham Esqr to be the oversier of this my will to whom I doe geve a peece of gould to make him a ringe

In witnes whereof I doe set to my hand and seale in the presons of theise witnesses whose names are undar written per me E Digbie

William Allsopp

William Pickforcke his marke

Probate 12 February 1628