Thomas Stokes of Wycomb 1701 Will
Leicestershire, Leicester and Rutland Archives, Leicestershire Wills and Probate Records 1701
There are both the original of the will and the probate copy. The original is badly damaged and the probate copy has gaps in it which correspond with the damaged areas in the original, so it would seem that the damage had already occurred by the time that the copy was made. The transcription is of the probate copy.
Name of God amen I Thomas Stoakes of Wykeham in the County of [blank] Yeoman being in perfect health and of sound memory yett nevertheless [blank] into the serious Consideration my present full age togeather with the [blank] of death but the uncertainety of the tyme and being fully resolved & [blank] to sett my house in order to make provision for the payment of my debts [blank] bound togeather with me for my propper debts may at all [blank] be saved kept harmless and indemnified of and from the same [blank] to will give and devise all and singular my lands and Tennements [blank] in Wykeham and Cawdwell within the Soake of Roadly and County [blank] said to such person and persons and their heires and to such use and uses Intents [blank] purposes as in and by the presents hereafter by me given and devised as lymited [blank] doe this twentieth day of January in the yeare of our Lord one Thousand six hundred nynty and six ordaine make publish and declare this my last will and Testament in manner and forme followinge Revoakeinge all Wills and Codicills of wills at any time or times heretofore by me made
I do humbly resigne my soule into the hands of the holy blessed and undevided Trinity beseeching God for his own mercies and the infinite meritts sake of Jesus Christ my only Lord and Saviour freely and fully to remitt and pardon all my sins and to receive my spirit into everlasting bliss and desire my body in expectance of a happy and joyfull resurrection may be interred where and as my Executors hereafter nominated shall appoint
And Whereas in my own True and undoubted right I stand lawfully seized of a good sure perfect and indefeasible estate of Inheritance in fee Simple of and in all that Messuage or Tennement with the appurtenances scituate standing & being in Wykeham aforesaid and of and in one little Close of meadow or pasture ground lying in the fields of Cawdwell abovesaid conteyning by Estimacon one acre or thereabouts be the same more or lesse and of and in three Oxgangs of land arrable meadow and pasture to the sayd messuage or tennement belonging lying and being dispersedly within the several fields of Wykeham and Cawdwell aforesaid togeather with Comons and Comon of pasture within the feilds and commonable places there to the sayd messuage lands and premisses belonging and appertaining and therewith heretofore and alsoe now used occupied and enjoyed late in my own possession and now in the present Tennure and occupation of William Swingler Now for the settling of the sayd Messuages Lands and premisses according to my express mind true intent and plaine meaninge I doe hereby give and devise the sayd Messuage Little Close and one oxgang of land of land arrable meadow and pasture Commons and Common of pasture to the said Oxgang of land belonging parcell of the sayd three oxganges of land with the appurtenances unto the sayd William Swingler and William Lovett of Garthorpe in the sayd County of Leicester yeoman and their heires and assignes Yet nevertheless upon Trust and Confidence and for during and untill such Terme and time as they the said William Swingler & William Lovett and their heires and the Survivour of them and his heires out of the Rents yssues and proffitts yearely arrising renewing & comeinge of and from the sayd Messuage Little Close one Oxgang of Land with the appurtenances shall have raised moneys sufficient wherewith to disobleige save harmeles and indemnified Themselves and either of them their and either of their executors and Admors of and from all such debts and securities wherein and whereby they or either of them stand joyntly or severally bound togeather with myself to any person or persons for the payment of any Sume or Sumes of money whatsoever being my own propper & particular debts and shall alsoe have moreover raysed out of the sayd proffits soe much other moneys wherewith they may be enabled to pay and satisfie all my other just debts by me upon my owne single Security or otherwise owing to any of my Creditors and shall with such moneys soe as aforesd to be raised have paid and discharged all my true and just debts howsoever becoming due to any person or persons whatsoever according to my true Intent and according to this my trust in them reposed
Then from and after the faithfull discharge & performance of such Trust as aforesaid As for touchinge and concerning the one moiety of the sayd messuage little Close and one Oxgang of land soe as aforesaid by me charged I give & devise the said moiety to the said William Swingler and Elizabeth his wife my Kindswoman for and during their two natural lives and the life of the longer liver of them and from and after their several deceases and the decease of the longer liver of them To the heires of their two bodyes lawfully begotten or to be begotten and for want of such yssue or heirs to the right heires of the said Elizabeth forever
And as for touching and concerning the other moiety of the sayd Messuage or Tennement Close and Oxgang of land soe as aforesaid by me with my debts discharged I give & devise the sayd Moiety [blank] Lovett and the said Margarett his wife my kindswoman for their two natural lives and the life of the longer liver and after their deceases and the decease of the longer liver [blank] heires of the body of the said Margarett by the body of the sayd [blank] lawfully begotten or to be begotten and for want [blank] begotten as aforesaid to the right heirs of the said Margarett [blank]
[Blank] for touching and concerning one other oxgang of Land [blank] two oxgangs of Land [blank] of land arrable meadow and pasture I give and devise [blank] the appurtenances to the said William Swingler and the said Elizabeth my kindswoman for and dureinge the Terme of their natural lives and [blank] longer liver of them I give and devise the said Oxgang of land with the appurtenances to the heires of the body of the sayd Elizabeth by the body of the sayd William Swingler lawfully begotten or to be begotten and for default of such heires to the right heires of the said Elizabeth Swingler for ever
And as for touching & concerning the other Oxgang of land residue of the sayd two oxgangs of land & halfe of one Oxgang of land of land arrable meadow & pasture I give & devise the sayd Oxgang of land with the appurtenances unto the said William Lovett and Margarett his wife my kindswoman for and dureing their two natural lives and the life of the longer liver of them and from and after their two several deceases and the decease of the longer liver of them I give and devise the sayd last menconed Oxgang with thappurtenances to the heires of the the body of the sayd Margarett by the body of the sayd William Lovett lawfully begotten or to be begotten and for want of such heires to the right heires of the said Margaret forever
And I do hereby declare it to be my express will that the sayd messuage lands and premisses soe as aforesaid by me devised shall remaine continue and be soe long as it shall please God to the several respective uses intents and purposes as is above by me before [blank] & appointed intended & ment and to and for none other use Intent or purpose whatsoever
And as to my small personal Estate whereof I am possessed I give and bequeath the same as followeth
I give and bequeath to my kindsman Thomas Stoakes John Stoakes and Samuel Woodcock to each of them the sume of five Shillings
Alsoe all the remainder and residue of my personal Estate whatsoever my funeral expences being discharged I give and bequeath to the sayd William Swingler and William Lovett who I doe hereby make nominate constitute and appoint Coexecutors of this my last will and Testament conteyned in one Sheete of Paper written upon both Sides and In witnes hereof and for the Confirmacon of this my will and every Clause thereof on both Sides of this paper conteyned I have hereunto putt my hand and seal the day and yeare abovesaid
Thomas Stoakes
Signed sealed published & declared in the presence of
Ro: Richardson
Anthony Jarvis
Richard Houlte his marke
Executors sworn 17 October 1701