Last Will snd Testament of Elizabeth Higgins of Tewkesbury. Widow (nee Smithsend).

1665

In the name of God Amen, the two and twentieth day of June Anno Domini one thousand six hundred and sixty five in the seventeenth year of the reign of our Soveraign Lord Charles the Second, by the grace of god King of England, Scotland, France and Ireland, defender of the faith etc. I, Elizabeth Higgins of Tewkesbury in the County of Gloucester, widow, being weak in body but of perfect memory and understanding, praised be god therefore, yet considering how uncertain the time of death is, do therefore make and ordain this, my last will and testament in writing. First, I give and bequeath my soul into the hands of Almighty God, trusting to be saved by the merits, death and passion of his dear and beloved son Jesus Christ, my only Saviour and Redeemer. And, as touching my worldly estate, I give and bequeath as followeth. --- Also I give and bequeath to Richard Smythsend, son of my brother, Thomas Smythsend, and his heirs and assigns for ever, all that one third part in three parts to be divided, of all those my three messuages or tenements, pigeon house, gardens, orchards, backsides, house and outhouse buildings, barns and stables, with their and every of their appurtenances, together with one yard land thereunto belonging, situate, lying and being in Oxendon in the said County of Gloucester, now in the several tennancies or occupations of Elizabeth Portlogg, widow, John Yeates, William Brittayne and Isaack Barker or some or one of them, commonly called or known by the several names of Oxendon Inn, Yeates tenement, and Brittayne Tenement, or by what other name or names the same or any or other of them now are or have been called, distinguished of known, and the reversion and reversions, remainder and remainders of the said third part of the said premises, to have and to hold the said third part of the said messuages or tenements, pigeon house, yard, land and premises with the appurtenances, unto the said Nicholas Smythsend his heir and assigns for ever, to and for the only use and behoof of the said Nicholas Smythsend and of his heirs and assigns for ever. Also I give and devise to my Nephew John Smythsend son of my brother, John Smythsend, and his heirs and assigns for ever, one other third part in the three parts to be devised of all and singular the said messuages or tenements, pigeon house, edifices, buildings, barns, stables, gardens, orchard, courts, yards, backsides, yard and premises with the appurtenances and the reversion and reversions, remainder and remainders of the said last mentioned third part, to have and to hold the said last mentioned third part in three parts to be divided of the said messuages or tenements, pigeon house, houses, edifices, buildings, courts, yards, backsides, gardens, orchard, yard, land and premises with the appurtenances, unto my said nephew, John Smythsend, his heirs and assigns for ever, to and for the only use and behoof of my said nephew, John Smythsend, and of his heirs and assigns for ever. Also I give and devise to Conway Smythsend, second son of my brother, Richard Smythsend, and his heirs and assigns for ever, one other third part in three parts to be divided of all and singular the said messuages or tenements, pigeon house, houses, edifices, buildings, barns, stables, gardens, orchard, courts, yards, backsides, yard, land and premises with the appurtenances and the reversion and and reversions, remainder and remainders of the said last mentioned third part of the said premises, to have and to hold the said third part in three parts to be divided of the said messuages or tenements, pigeon house, houses, edifices, buildings, courts, yard, backsides, gardens, orchard, yard, land and premises with the appurtenances, unto the said Conway Smythsend, his heirs and assigns for ever, to and for the only use and behoof of the said Conway Smythsend and his heirs and assigns for ever. Also I give and bequeath unto Anne Smythsend and Mary Smythsend, daughters of my brother, Thomas Smythsend, fifty pounds apiece of current English money, to be paid unto them as they shall accomplish their several and respective ages of one and twenty years, or be married, which shall first happen, together with the interest and increase thereof from and after my decease. And if it shall happen that if either of the said Anne or Mary Smythsend shall die or depart this life before they shall attain to the age of one and twenty years, or be married, that then the portion of either of them so dyeing shall remain to the survivor of them, the said Anne or Mary, together with the interest, benefitt and increase thereof. And if it shall happen that both of them, the said Anne and Mary, shall die before their said legacies shall respectively become due, then my will and meaning is that the legacies or portions of the said Anne and Mary, amounting in the whole to one hundred pounds, shall be paid to Nicholas Smythsend, brother of the said Anne and Mary, together with the interest, benefitt and increase thereof at such time as he shall attain the age of one and twenty years or be married. And I do also hereby declare, and my will and meaning is, that the said sum of one hundred pounds shall be paid to my sister in law, Anne Smythsend, widdow, mother of the said Anne and Mary, within six months next after my decease, so as my said sister in law, Anne Smythsend, shall give unto my overseers of this my will, hereafter named, sufficient security for the true payment of the same legacies or portions to the said Anne and Mary, together with the interest and benefit thereof at the time aforesaid, and my executor hereafter named, a sufficient release or discharge in writing, touching the said legacies last mentioned, which release shall be a good and sufficient discharge to my executors concerning the same. Also I give and bequeath to Susanna, the daugther of my brother John Smythsend, four score pounds of current English money. Also I give and bequeath to Sarah, daughter of my said brother John Smythsend, twenty pounds of current mony to be paid to them within six months next after my decease. Also I give and bequeath to Richard Smythsend, Elizabeth, Anne and Nicholas Smythsend sons and daughters of my brother, Richard Smythsend, twenty five pounds apiece of current money, to be paid to them within six months next after my decease. And if any or other of them, the said Richard, Elizabeth Anne and Nicholas shall die before the payment of the said legacy, that then the legacy or portion of any or other of them so dying shall remaine amongst the survivor or survivors of them. Also I give and bequeath to Elizabeth, daughter of my brother, Nicholas Smithsend, five pounds of current money. Also I give and bequeath to the said Elizabeth, daughter of my said brother, Nicholas, two pair of flaxen sheets, one flaxen tablecloth, one dozen of flaxen napkins, to be paid and delivered to her within six moneths next after my decease. Also I give and bequeath to Mr John Dobbins the elder, of Tewkesbury aforesaid, twenty pounds of current mony to be paid with six months next after my decease. Also I give and bequeath to John Hale and Anne Bignell, both of Tewkesbury aforesaid, fifty shillings apiece of current money, to be paid them within six months next after my decease. Also I give and bequeath to the said widow Portlugg, twenty shillings of current mony. Also I give and bequeath to Walter Portlugg, twenty shillings of like money. Also I give to Elizabeth Portlugg twenty shillings. Also I give to Richard Smythsend of Tewkesbury, labourer, twenty shillings of current money. Also I give and bequeath to Joseph Cowley in the parish of Ashchurch, labourer, twenty shillings of current money. Also I give and bequeath unto my kinsman, William Rayer, twenty shillings of current money. Also I give and bequeath to Mary, the wife of John Harding of Tewkesbury aforesaid, Innholder, the some of forty shillings of current money. Also I give and bequeath to Samuell Harding, the son of the said John Harding, twenty shillings. Also I give and bequeath to Elizabeth, the daughter of George Cotton of Tewkesbury aforesaid, ten shillings of current money. Also I give to Hester, the wife of Thomas Sweet of Tewkesbury aforesaid, ten shillings. Also I give and bequeath to Thomas Priddy and Katherine Baldwyne, my servants, twenty shillings apiece of current money. Also I give and bequeath to my kinsman, Isarell Shawe, twenty pounds of current money. Also I give and bequeath to my cousin, Mary Bound, in the parish of Upten upon Seaverne in the County of Worcester, five poundes. Also I give and bequeath to Susanna, daughter of my said brother, John Smythsend, the bed and bedstead in the great chamber and the purple curtains and valains, and all other things thereunto belonging. Also I give and bequeath to the said Susanna three pair of my largest flaxen sheets, one dozen of diaper napkins, one diaper table cloth, six red leather chairs and two purple stools. Also I give and bequeath to Anne, daughter of my said brother Thomas Smythsend, the feather bed and bedstead in the kitchen chamber and the red curtains and valains and all othe things thereunto belonging, and also one cupboard cloth and the two red stools. Also I give to Elizabeth, daughter of my brother, Richard Smythsend, the bedstead in the chamber over the great chamber and the bed in the chamber wherein I now lodge, and the green curtaines and valains, and all other things thereunto belonging, and the cupboard cloth and cushion belonging to the same chamber. Also I give and bequeath all the rest of my linen, woolen, brass, pewter and all other my household stuff whatsoever, not formerly disposed of, unto the daughters of my brother, Thomas Smythsend, my brother John Smythsend and my brother Richard Smythsend to be equally divided betweene them. All which said last mentioned sums of money or legacies and household stuff my will is shall be paid and delivered to the several legatees before named, within six months next after my decease. Also I give and bequeath to the poor people of the parish of Tewkesbury, five pounds, and to my poor neighbours of Tewkesbury aforesaid forty shillings of current money to be distributed within one month next after my decease at the discretiion of my executors. Also I give and bequeath unto the said Susanna, daughter of my said brother John Smythsend, her executors and assigns, all my estate, right, title, interest, term of years, claim or demand whatsoever in, or to one half acre of pasture ground lying in the Oldbury field in Tewkesbury aforesaid, to have and to hold the said parcel of pasture ground with the appurenances, unto the said Susanna Smythsend her executors and assigns from and immediately after my decease unto the end and term of twelve years next ensuing to be complete and ended. Also I give and bequeath to Anne Smythsend, daughter of my said brother Thomas Smythsend, all that tenement with the appurtenances lying in Tewkesbury aforesaid in a Lane there called Howell Lane in occupation of one George Wyniall and all my estate right title interest tearm of years claim and demand whatsoever in and to the said Anne, to have and to hold the said tenement with the appurtenances, unto the said Anne Smythsend her executors and assigns from and immediately after my decease unto the end and term of twelve years then next following. Also I give and bequeath the said Richard Smythsend, son of my said brother Richard Smythsend, all that my tenement with the appurtenances, lying in Tewkesbury aforesaid in the said lane called Howell Lane next to the river of Avon now in the occupation of John Cooke, and all my estate, interest, tearm of years, claim and demand whatsoever in and to the said last mentoned tenement, to have and to hold the said last mentioned tenement with the appurtenances, unto the said Richard Smythsend the son his executors and assigns from and immediately after my decease unto the end and term of twelve years thence next ensuing. Also my will and meaning is, and I do hereby intend that my executors shall within what convenient speed may be after my decease, dispose of my house in Tewkesbury aforesaid wherein I do now inhabit and dwell, for the term of twelve years after my decease, or for such time, term or number of years, which by the last will and testament of John Higgins, my late husband, deceased, is given or alotted unto me and the money thereby to be raised, and all other sums of money due and owing unto me over and above the legacies before given, and my funeral expenses, my will and meaning is, shall be equally divided between and amongst the children of my brothers, Thomas Smythsend, John Smythsend, Richard Smythsend share and share alike. And also I do give and bequeath unto my said brothers, John Smythsend and Richard Smythsend, thirty pounds apiece of lawful money of England to be paid with six months after my decease. And I do hereby make, cconstitute, ordain and appoint my said brother, John Smythsend, and my said brother, Richard Smythsend, to be executors of this, my last will and testament, and I do hereby revoke all former wills and legacies and bequests by me formerly made or given. And I do desire my brother, Nicholas Smythsend, and Mr Conway Whitthorne of Tewkesbury aforesaid to be the overseers of this my last will, and to see the same duly perrformed in every respect, and do give them twenty shillings apiece for their pains. Also my will and meaning is that my said brothers, John Smythsend and Richard Smythsend, being executors of this my last will shall, within six months next after my decease, severally give unto my said overseers or the survivor of them of their executors or administrators, good and sufficient security --- said several and respective children of my said brothers John Smythsend and Richard Smythsend before named. In Witness whereof I, the said Elizabeth Higgins, have to this my last Will and Testament in writing containing seven sheets of paper, put my hand and seal the day and year first above in these presents written. Signed, sealed, published and delivered in the presence of: Richard Neaste, John Harding, John King.

The marke of Elizabeth Higgins

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