Will of Thomas HORDE of Cote (Bampton)
Will 12 Aug 1713 Codicils 15 Sep 1713, 23 Nov 1713, 29 Jul 1715 Probate 24 Apr 1716 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Summary. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Probate 24 Apr 1716 London (PCC) (with three codicils) ... Mary Horde relict and sole Executrix ... | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Transcriber's and Editor's Notes | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
This is the very long will of a rich man, but what comes through most clearly is his desire to protect his (third) wife against his surviving son Allan, who hates her. He is even afraid that Allan will try to stir up the tenantry against her. One protection is the large mortgage on Gollifers Farm, which he will pay off if Allan (and others) behave themselves, but not otherwise. Another is the right to a sizeable chunk of arable land, which he withholds if Allan causes trouble. He and Mary had been married for at least twenty years, and he often describes her CASTELMAN children and grandchildren as his own. In the "Translation" some of his words about his wife and her family are quoted almost verbatim, for comparison with Allan's "that vile woman that came from the Devil". The clause re his daughter Frances is also quoted almost verbatim, the editor being unable to think of a way adequately to précis it. It is possible that she had simply become a Catholic. He has step-daughters Mary RICH and Alicia CRAYKER. In the long list of tenanted properties the names "Mary RICH and Alicia RICH" appear twice. The editor thinks that this is probably an error, since otherwise Alicia CRAYKER is left out, but it is possible that Mary had a daughter Alicia, named after her sister. The following details are believed to be true but should not be totally relied upon: Testator: Father of Charles (1693 qv) and Allan (1728 qv). His first wife Barbara died in 1671 (having had 7 daus & 5 sons), his second wife Susanna in 1680. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Translated and paragraphed. with some of the standard preamble and "legalese" removed. Go to Glossary | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
... I Thomas Horde Esquire of Cote ... Bampton ...
First Codicil 15 Sep 1713
Second Codicil 23 Nov 1713 This codicil is very long, but is mostly a reiteration of clauses (and especially of provisos) from his will and first codicil.
Third Codicil 21 Sep 1715
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As transcribed from a copy of the original document. Original line- and page-breaks are preserved as far as possible. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Tm: Thomae Horde In the Name of God Amen This Twelfth Day of August in the Twelfth year of the Reigne of our Soveraigne Lady Anne by the Grace of God of Great Britain ffrance and Ireland Queen Defender of the ffaith &c Annoque Domini 1713. I Thomas Horde of Coat in the parish of Bampton in the County of Oxford Esquire being of good and perfect Mind and Memory for which I praise Almighty God doe make my Last Will and Testament in manner and forme following And ffirst I doe commend my Soul to the only Great God my Creator hopeing through the Death and passion of his Son my Saviour Jesus Christ to receive full and free pardon and remission of all the sins which I have committed against soe good and mercifull a ffather and my body I willingly yeild to the Earth which I Desire my Executrix hereafter named to cause to be interred between my Two dear Deceased Wives Barbara and Susanna in my Isle in the Church of Bampton aforesaid and to cover my Grave with the Marble Stone which I have already provided Trusting and firmly relying through the Meritts and infinite Satisfaction of my Saviour that we shall all three together with my Dear Wife Mary now living with me arrise at the Last Day and live with him in Glory to all Eternity Item I do hereby revoke and make void all former and other Wills by me at any time heretofore made. Item I doe hereby give and bequeath unto my Dear and Loving wife Mary One Hundred pounds to buy her Mourning and to put her Bed, Coach, and Lodging room in Mourning, And I doe give unto her the further summe of Two Hundred pounds with One Hundred pounds whereof I desire she may buy her a pair of Diamond pendants and with the other Hundred pounds that she may buy her a Mourning ring, Enammelled with black with a good Diamond in it to weare for my sake who Dearly Loved and Honoured her for her patient suffering with me in my late Afflictions and unkind and hard usage and for her constant care and Tenderness of me in all my sicknesses and also for her great vertue and Meritt. Item I doe give unto my said Wife the choice of my best Coach or Charriot and also four of my best Coach Horses Mares or Geldings and four of my best Coach Harness and Hamocks which I shall leave at the time of my Death. Item I doe give unto my said Wife the pictures of her self and of my self and of her Grand- =Daughter Mary Castelman and of my Grandson Thomas Palmer all now in my best Parlour and my Lolling Chair, and I doe also give unto my said Wife all my China Ware and all my Plate whatsoever (except my two Silver Chaffing Dishes and my biggest Silver Tankard which I Dispose of as hereinafter is mentioned) And I do give unto my said Wife the use of my Harpsicords and my two Silver Chaffing Dishes dureing her Life and after her Decease I do give the said Harpsichords unto her Daughter Alicia, and one of the said Chaffing Dishes marked with (M.C) I do give unto her Daughter Mrs Mary Rich, and the other of them marked with (A.C) I do give unto her said Daughter Alicia, Item I do give unto my said Wife my best Bed with Crimson Silk Morella Curtains and Vallans Lined through with white Satten with all its appurtenances as it now stands in my best Chamber and four pair of my best Holland sheets thereunto belonging together with the Arras Hangings and the Chaires and Cusheons covered with Crimson Silk Morella and also the Looking Glasses Table and Stands and all Japan Work and all other ffurniture whatsoever belonging to my said Chamber wherein my said best Bed stands and also my best Warming pan. Item I do give unto my said Wife my Cabinet made of Princes Wood being in my Bedchamber and I also give unto her All the Goods Jewells Plate and Writings which were intended to be hers by the Agreement which I made with her upon my Marriage Item I do remitt unto my said Wife all arrearages which shall be due at the time of my Death of the Annuity to be paid unto me by our Marriage Agreement out of her ffathers Personall Estate or otherwise howsoever. Item I give and bequeath unto my said Dear Wife the Green Bed bedding and all the ffurniture that now is in my Closet next to my Bedchamber with liberty to Dispose thereof to her Grand Daughter Mrs Mary Castelman whensoever she pleaseth And I do also give unto my said Wife my best Clock now standing in my best Parlour, four pair of my best Holland Pillow beers one Dozen of my best Dammask Napkins, two dozen of my best Diaper Napkins four of my best Diaper Table Clothes such of all sorts as my said Wife shall choose and also one of my best Tables in my best Parlour at her Election, And I do charge Allan Horde the only Son God hath left me to be kind and Dutifull to my Dear Wife in her Disconsolate Condition and to allow her the freedome of my House without any Molestation for a Month at least or some Weeks more if she Desire it to dry up her Tears and remove the Goods which she brought thither and those which I have hereby given unto her, And I do Appoint that dureing the time of my Dear Wive's Residence in my House all Charges and Expences she shall be at for Meat Drink and Provision of all sorts for her self her servants and such Relations and ffriends who shall be with or visit and comfort her in her solitary condition shall be paid out of my personal Estate Item as a Testimony of the Entire Love and Affection which I bare my said Wife and her Children who never Disobliged me in anything but have been very kind and respectfull to me, I do remitt and release unto Jonathan Castelman of Couberley in the County of Gloucester Esquire the Eldest Son of my said Wife all Arrearages which shall be due at the time of my Death of the Annuity or yearly rent charges upon the Lands and Estate of the said Jonathan Castelman scituate and being in Couberley aforesaid or elsewhere in the said County of Gloucester And I do Appoint my Executrix herein after named to Deliver unto the said Jonathan Castelman all Bonds or other Securities (if any be) made unto me for secureing the Arrearages of the said Annuity or yearly rent charge and to release the said Jonathan Castelman of and from the said Annuity and all Arrearages thereof. Item I do give unto the said Jonathan Castelman the Sable Muff which his Mother gave unto me and the summe of Ten pounds to buy him Mourning. And I do give unto Mr Paul Castelman Richard Castelman and John Castelman and unto Mrs Mary Rich and Mrs Alicia Crayker the Sons and Daughters of my said Wife to each of them a peice of Plate of the Value of Ten pounds marked with my name, And I do remitt and forgive unto the said Paul Castelman the Bond of One and Twenty pounds Eleven shillings and Six pence wherein he is bound unto me and doe Order my Executrix to Deliver up unto him his said Bond for the same And I do give unto him the further summe of Twenty pounds. And I do give unto the said Richard Castelman and John Castelman the further summe of Ten pounds a peice. Item I do give unto my Sons in Law Mr Benjamin Crayker and Lionel Rich Esquire to each of them a peice of Plate of the value of Ten pounds both marked with my name. Item for as much as my Grand Daughter and God Daughter Mary Castelman hath for the most part lived with me from her infancy and hath always behaved her self with great duty and affection towards me and my dear Wife and been very serviceable to us in the prudent management of our Domestick affaires to both our satisfactions and also is a pious young woman of great Vertue and Merit therefore I give and bequeath unto her the said Mary Castelman the summe of One Hundred pounds and also my biggest silver Tankard Engraven with Mr Rayntons Armes and my best Looking Glass being in my best Parlour And I do give unto my God Daughter and Grand Daughter Mrs Mary Rich the next best Looking Glass in my House (Except that in my best Chamber) And I do Desire my dear Wife and her Children to accept of these specific Legacies which I have hereby given unto them being the best my Circumstances and many Expectants will admit. Item I do give unto each of my Daughters Mrs Anne Williams Mary Mennel ffrances Chapman Elizabeth Dawson and Juliana Wentworth the summe of One Hundred pounds a peice to be paid to such Trustee or Trustees as they shall severally and respectively think fitt in Trust that the same may be at their owne separate Disposal and that the Husbands of such of them as are Married shall have nothing to doe therewith And I do give unto each of my said Daughters Twenty pounds a peice to buy them Mourning. Item I doe give unto Mr Thomas Williams and Peter Wentworth Esquire the Husbands of my said Daughters Anne and Juliana to each of them Ten pounds a peice to buy them Mourning and Ten pounds a peice more to buy each of them a peice of Plate. And I do give unto my Grandson William Wentworth the son of my said Daughter the best Saddle Horse Mare or Gelding and the best saddle that I shall leave at my Death. Item I do give unto each of my own Grandchildren a peice of Plate of the Value of Ten pounds. And as for ny unfortunate Daughter ffrances whom it hath pleased God soe farr to Abandon as to suffer her to be given up to Delusions and an Idolatrous Worship and obstinately to continue in it Notwithstanding the great Endeavours I have used (by the Assistance of great pious and worthy Divines) to restore her to the profession of that Holy Religion wherein she was brought up Nevertheless I have thought fitt to make the provision for her herein after mentioned (that is to say) I do hereby Declare that by Indenture bearing Date the Twenty Third day of January last past I have Granted unto Trustees to her use for her Life and for the Lives of her Two Sons William Chapman and James Chapman a Lease of two yard Lands with the Appurtenances in Aston and Coat afore= said late in the possession of Marke Brickland deceased and now in my possession upon the severall Trusts and Conditions in the said Indenture of Lease mentioned one part of which said Lease I do appoint to be given and Delivered to my said Daughter ffrances within One Month after my decease. Item I do give unto my said son Allan Horde Twenty pounds to buy him Mourning, and I doe give unto my said son all my Household Goods and Pictures which I have not hereby otherwise Disposed of Provided my said son within one yeare next after my Decease do settle and keepe House in my Mansion House at Coat and live there as his constant place of Residence amongst his Tenants but in case my said son shall not soe settle and keep House there Then I do give the said Household Goods and Pictures unto my Executrix herein after named. Item I do remitt unto my said son Allan Horde the Debt and Interest for which my Dear Son Charles Horde Deceased made a Mortgage of the ffarme called Gollifers ffarme which is yet unpaid and which was ordered to be paid unto me by Decree of the High Court of Chancery and was stated and reported by one of the Masters of the said Court to be then Two Thousand One Hundred and Sixty Eight pounds and is since much increased by the interest thereof. Provided also and my Will and meaning is That if my said son Allan Horde shall not within one yeare next after my Decease Live inhabit and keep House in my said Mansion House in Coat aforesaid as his usual place of Residence or if my said son doe or shall at any time Molest or Disturb my said Wife and Executrix herein after named or my Legatees or any of them in this my Will named in the receipt or Enjoyment of whatsoever I have hereby given unto them or any of them or any of my Tenants in the Enjoyment of any Estate which I have at any time heretofore made or granted unto them or any of them or any other person or persons who shall may or ought to claime any Estate by vertue of this my Will or of the Inden= =tures herein after mentioned bearing Date the Eleventh day of this instant August or shall not permit and suffer my said Wife to remaine and continue in my said House such convenient time after my Decease as aforesaid and to remove her own Goods and all such other Goods and things as I have given to her and her Relations in and by this my Will That then in any or either of the cases before mentioned the said Mortgage on the said ffarme called Gollifers ffarme shall be in force and the said ffarme shall stand charged therewith and all money due thereupon shall be paid by my said son to my said Executrix the better to enable her to pay the several Legacies by this my Will given and to pay and Discharge all such Costs Losses and Charges as my said son Allan Horde may put her my said Wife and Executrix and my Legatees or Tenants or any of them to. Item I do Declare my Will and Mind to be that the five yard Lands and an half lying in Aston and Coat in the parish of Bampton aforesaid and in the said County of Oxon formerly in the possession of [blank] Stacy John Palmer and John Newman or some of them and now in my possession and which by Indenture bearing Date the Thirteenth day of April Anno Domini One Thousand six hundred and ffifty seven were limitted or intended to be limited to the use of my self and the Heirs Male of my body and have been since duely setled and limitted to the use of my selfe and my Heires shall remain unto and I do hereby give and confirme the said Premises with their Appurtenances unto my said son Allan Horde dureing his Life without impeachment of Wast And after the Determination of the said Estate I doe give the same unto Jonathan Castelman Esquire and his Heires dureing the Life of my said son Allan Horde In Trust to support the contingent remainders following and after the Decease of my said son I do give and confirme the said Premises unto all and every the sons of my said son successively as they shall be in priority of Birth and to the respective Heires of their severall bodys begotten the Elder of his sons and the Heires of his body being preferred before the younger of his sons and the Heires of their bodys. And for default of such Issue I do give and confirme the said premises unto my Nephew Mr Robert Horde dureing his Life without impeachment of Wast and after the Determination of the said Estate I do give the same unto the said Jonathan Castelman and his Heires dureing the Life of my said Nephew In Trust to support the contingent Remainders following and after the Decease of my said Nephew I do give and confirme the said Premises unto all and every the sons of my said Nephew successively as they shall be in Seniority of Age and priority of birth and to the respective Heires of their severall bodys begotten the Elder of his sons and the Heires of his body being preferred before the younger of them and the Heires of their bodys And for want of such Issue I do give the said premises unto my own right Heires for ever. Nevertheless my Will and meaning is that Notwith =standing the Limitations aforesaid of the said ffive yard Lands and an half last mentioned the same shall be subject to the payment of sixteen pounds per Annum to the poor of Bampton Weald and Shifford in such manner as in and by this my Will hereafter is mentioned and also to make good the Deficiences of the severall other Charities hereby rattifyed and confirmed and herein after given and bequeathed (if any shall happen to be) Provided also and this Last bequest to my said son is upon this condition that my said son shall inhabit and keep house in my said Capital Messuage or Tenement in Coat aforesaid as his constant place of Residence and shall permitt my Dear and Loving Wife to live therein such convenient time after my Death as aforesaid and shall be respectfull to her and permitt her to remove what soever by this my Will I have given unto her without any Disturbance or Denyall and that neither my son or his Heires do Disturbe any person or persons whatsoever in the Enjoyment of any Estate in Aston or Coat aforesaid which I have at any time granted unto him her or them, and in case my said son shall fail in any of the Premisses Then this my Gift Bequest and Limitation aforesaid shall cease as to my said son. And I do Desire that all the Plate by this my Will given may have my Armes and this Inscription (ex Dono Thomae Horde) Item I do give unto my Grandson Gyles Palmer Ten pounds to buy him Mourning. Item Whereas I am seized of or intituled unto one Annuity or yearly rent charge of ffour pounds per Annum Issuing out of a certain Lande now belonging to Mr Henry Turner scituate in Eaton Hastings alias Water Eaton alias Water Hastings in the County of Berks to me and my Heires for ever. Now my Will is and I do hereby give and Devise the said Annuity or yearly rent=charge of ffour pounds per Annum unto my said Dear and loving Wife Mary and her Heires for ever. Item I do give unto the three Children of my late sister Gardiner namely William, Thomas, and Anne and unto her Grand Daughter Priscilla to each of them a peice of Plate of the value of Ten pounds. Item I do remitt and fforgive unto my said Nephew Robert Horde one Obligation bearing Date the seventeenth Day of November Anno Domini 1663, wherein his ffather was bound to indemnify me against a Bond of the penal summe of Twelve Hundred pounds upon which Bond I have paid about one Thousand pounds for his said ffather And I do Direct my said Executrix to Deliver up the said bond unto him. And I do give unto my said Nephew Ten pounds to buy him Mourning and unto his Wife Ten pounds to buy her Mourning And I do also give unto my said Nephew and to his said Wife each of them the summe of ffifty pounds and unto their son Thomas Horde the summe of Twenty pounds to be paid into the hands of the said Robert Horde for the use of the said Thomas Horde within six Months after my Decease whose receipt shall be a sufficient Discharge to my Executrix for the same, and in case the said Thomas Horde shall dye under Age then I give the said Tweny pounds to my said Nephew Robert Horde. Item I do give unto my dear sister Mrs Lockton One Hundred pounds and Ten pounds to buy her Mourning And I do give unto her Daughter Anne Haynes a peice of Plate of the value of Ten pounds. Item I do give and bequeath unto my good ffriend and Neighbour Richard Coxeter Esquire the summe of One Hundred pounds the better to engage him to be Assistant to my Executrix hereinafter named to whom I do Desire that he will give all the Advice and Assistance he can for the due performance of this my Will. And as concerning my ffunerall I wholly leave the Management thereof to my Executrix whom I Desire to give Rings of Twenty shillings each and Gloves to such persons whose names she shall find mentioned in a List or Schedule for that purpose by me written and left with this my Will and to such other persons as she shall think fitt, and to bury me Decently and with as little noise and charge as may be And only to Hang with black Bayes and Escotcheons my Hall and Parlour and my Isle at Bampton where my body will rest untill I Trust in my Saviour it will arise into a glorious Resurrection, And I Desire all my ffunerall Rings may have this Inscription (Live to dye) with the day of the Month and year of my Death and the two Letters of my name (T.H.) And I do Desire my Executrix to cause my body to be interred within Ten days after my Death and to suffer my body to continue in my Bed at least four and Twenty hours, And I do Desire my ffunerall may be as Early as may be that the Gentlemen that attend it may have time to returne. And for as much as my Parents my Wives and severall of my Children doe lye interred in the Parish Church of Bampton aforesaid and I my selfe do Desire to be interred in the same place, And for as much also as I have always heard Divine Service and received the Holy Sacrament in the Chappel of Shifford in the said Parish of Bampton I do therefore charge all my aforesaid ffive yard Lands and an half in Aston and Coat in the said Parish of Bampton which I have herein before setled on my said son Allan Horde with the payment of the yearly summe of sixteen pounds for ever without any Deduction or Abatement whatsoever which I will shall be applyed and Disposed of upon the Trusts and in the manner herein after mentioned (that is to say) my Will and Desire is that the yearly summe of Tenn pounds thereof shall for ever hereafter be paid by equall portions upon the ffeast of the Nativity of Our Lord and upon Easter day in every year for ever unto such of the poorest Inhabitants in the Towne and Village of Bampton and Weald in the saId County of Oxon as the Vicars of the Parish of Bampton aforesaid for the time being or the Major part of them shall at the times aforesaid think most worthy of it and in such proportions as they shall think fitt, and the remaining yearly summe of six pounds shall for ever here= =after be paid by such equall portions at the times aforesaid unto such of the poorest Inhabitants of the Village of Shifford as the said Vicars of the Parish of Bampton aforesaid for the time being or the Major part of them shall at the times aforesaid think most worthy of it and in such Proportions as they shall think fitt, And my Will is that in the Disposeing of the said yearly summes the said Vicars for the time being shall have respect to such in the said respective places as shall most constantly frequent the Morning and Evening Divine Service and receive the Holy Sacrament. And I do hereby Charge all my aforesaid ffive yard Lands and an half in Aston and Coat aforesaid to make good the Bequest I have hereby made for the benefitt of the Poor aforesaid Provided always and the beforementioned summe of Ten pounds yearly given by this my Will unto the poorest Inhabitants of Bampton and Weald aforesaid is upon this Condition that if at any time hereafter the Customes of St Stephens Breakfast the Procession Custome and the Custome called the Harvest bottle now provided yearly by the said Vicars of Bampton shall be Abolished and the said Vicars doe or shall pay an Equivalent for the same in money then my Will is that in case one Third part of the said Equivalent for the said Customes shall not be yearly paid and setled on the Schoolmaster of Aston and Coat as an Addition to the benefaction that I have setled on the said School of Aston Then and from thenceforth my said Gift and bequest of Ten pounds yearly to be given to the poorest Inhabitants of Bampton and Weald afore= =said shall cease and be utterly void anything herein contained to the contrary Notwithstanding, And then and from thenceforth I give and Devise the summe of six pounds yearly for ever out of the said Ten pounds unto the School= =Master of Aston and Coat aforesaid for the time being as an addition to the benefaction which I have already setled on the said School to be paid unto him out of the said ffive yard Lands and an half at such times and in the same manner as my said other benefaction already given to the said School is appointed to be paid and the other four pounds of the said yearly summe of Ten pounds I give unto my said son Allan Horde and his Heires for ever in ease of the Lands charged therewith. Item I do give to the Village of Coat in the Parish of Bampton aforesaid Ten pounds to bind out two poor Children boys or Girles Apprentices Item I do give Ten pounds to the Village of Aston Boges in the parish of Bampton to bind out a poor boy or Girle Apprentice. Item I do give to the Towne of Witney in the said County of Oxon Twenty pounds to bind out two poore Boys or Girles Apprentices.Item I do give to the Towne of Bampton Ten pounds and unto the Village of Weald Ten pounds and unto the Villages of Lewe and Shifford Ten pounds a peice to bind out of each Towne or Vilage two poor boys or Girles Apprentices. Item I do give unto the Village of Couberley in the County of Gloucester Tenn pounds to bind out two poore boys or Girles Apprentices. Item I do give unto the Village of Eaton Hastings in the County of Berks Tenn pounds to bind out two poor Boys or Girles Apprentices And my Will is that the Lords of the Mannor of the said respective places and the Ministers Churchwardens and Overseers of the Poor or the Major part of them with the Ministers shall make choice of the Children who shall be so put out Appren= =tices and place them to such Trades as they shall think fitt. Item I do charge all my Lands in Aston and Coat aforesaid which I have at any time purchased of any person or persons whatsoever or wherein I have any Estate of Inheritance in ffee Simple with the payment of the yearly summes hereinafter mentioned (that is to say) two shillings and sixpence to be paid to some Glazier to be Appointed by the Owner of my Mansion House in Coat for repairing the Glass of the Windows of my Isle in the Church of Bampton aforesaid and Two shillings and six pence to be paid to the person who shall keep the key of my said Isle for keeping the Monuments of my Wives there Clean and for Clean= =ing the Paving, Windows and Toombs of my said Isle, and I do earnestly Desire and Charge my said son Allan Horde and all my Children and Grandchildren to be kind and respectfull to my Dear Wife who never Attempted to Alienate my Affection from them but encouraged me to Advance their ffortunes and Allow= =ances, And whereas by Indenture bearing Date the Eleventh Day of this Instant August I have Demised unto the aforesaid Jonathan Castelman and Paul Castelman his Brother severall Messuages Lands Tenements and Hereditaments therein menc'oned for such Estate and Interest as therein is expressed In Trust for such persons as I should by any Writing under my hand and seal or by my Last Will and Testament in Writing Testifyed by two or more Credible Wittnesses Direct and Appoint I doe hereby Direct and Appoint that the said Jonathan Castelman and Paul Castelman their Executors Administrators and Assignes shall be possessed of the said Premisses upon the Trusts following (that is to say) as for and concerning such of the said Premisses as by the said Indenture are mentioned to have been granted unto Edmond Bartlet alias Startup by Indenture bearing Date the ffirst day of July in the ffive and Twentieth year of the Reigne of the Late King Charles the Second or to have been in his possession In Trust for the aforesaid Mary Castelman and Anne Castelman the Sister of the said Mary Castelman dureing their Lives and the Life of the longest liver of them, And as for and concerning such of the said Premisses as by the said Indenture are mentioned to have been Demised unto Humphrey Lyndsey or to have been in his possession In Trust for the said Thomas Horde the son of the aforesaid Robert Horde dureing his Life, And as for and concerning such of the said Premisses as by the said Indenture are mentioned to have been Demised unto James Stone by Indenture bearing Date the Eighth Day of November in the Twenty second year of the Reigne of the said Late King Charles the Second or to have been in his possession In Trust for the said William Chapman and James Chapman dureing their Lives and the Life of the longest liver of them And as for and concerning such of the said Premisses as by the said Indenture are menc'oned to have been Demised unto Edward Ricketts or to have been in his possession in Trust for the aforesaid Richard Castelman and John Castelman dureing their Lives and the Life of the longest liver of them, And as for and concerning such of the said Premisses as by the said Indenture are mentioned to have been granted by Copy of Court Roll unto John Carter or to have been in his possession In Trust for the aforesaid Mary Rich and Alicia Rich the Daughters of the aforesaid Lyonell Rich Esquire dureing their Lives and the Life of the longest liver of them And as for and concerning such of the said Premisses as by the said Indenture are mentioned to have been Demised unto John Seary or to have been in his possession In Trust for the said John Castelman dureing his Life And as for and concerning such of the said Premisses as by the said Indenture are mentioned to have been Demised unto Edmond Bartlett alias Startup by Indenture bearing Date the Eight and Twentieth Day of January Anno Domini One Thousand Seven Hundred and Twelve or to have been in his possession in Trust for the said Mary Castelman and Anne Castelman dureing their Lives and the Life of the longest liver of them, And as for and concerning such of the said Premisses as by the said Indenture are menc'oned to have been Demised unto Thomas Young Alice his Wife and Anthony Wenman or to have been in his possession in Trust for the aforesaid William Chapman and James Chapman dureing their Lives and the Life of the longest liver of them And as for and concerning such of the said Premisses as by the said Indenture are mentioned to have been granted by Copy of Court Roll unto William Blackhall or to have been in his possession in Trust for the said Mary Castelman dureing her Life, And as for and concerning such of the said Premisses as by the said Indenture are mentioned to have been Demised unto Robert Pencott by Indenture bearing Date the Thirteenth day of March in the Third year of the Reign of their late Majesties King William and Queen Mary or to have been in his possession in Trust for the said Mary Rich and Alicia Rich dureing their Lives and the Life of the longest liver of them And as for and concerning such of the said Premisses as by the said Indenture are menc'oned to have been Demised unto William Slatter and Jane his Wife or to have been in their possession in Trust for the said William Chapman and James Chapman dureing their Lives and the Life of the longest liver of them And as for and concerning such of the said Premisses as by the said Indenture are mentioned to have been Demised unto John Buckner or to have been in his possession in Trust for the said Anne Castelman dureing her Life. And as for and concerning such of the said Premisses as by the said Indenture are mentioned to have been Demised unto Robert Pencott by Indenture bearing Date the Three and Twentieth day of December in the two and Twentieth year of the Reign of the said late King Charles the Second or to have been in his possession in Trust for the aforesaid Robert Horde dureing his Life And as for and concerning such of the said Premisses as by the said Indenture are mentioned to have been granted by Copy of Court Roll unto Bar= =tholomew Slatter or to have been in his possession in Trust for the said Mary Rich dureing her Life And as for and concerning such of the said Premisses as by the said Indenture are mentioned to have been granted by Copy of Court Roll unto John Moulden or to have been in his possession in Trust for the said Richard Castelman and John Castelman dureing their Lives and the Life of the longest liver of them, And as for and concerning such of the said Premisses as by the said Indenture are mentioned to have been granted by Copy of Court Roll unto Thomas Bartlett or to have been in his possession in Trust for the said Robert Horde dureing his Life And as for and concerning such of the said Premisses as by the said Indenture are mentioned to have been granted by Copy of Court Roll unto William Sparrowhawke or to have been in his possession in Trust for the said Mary Rich and Alicia Rich dureing their Lives and the Life of the longest liver of them And as for and concerning such of the said Premisses as by the said Indenture are mentioned to have been granted by Copy of Court Roll unto James Stone or to have been in his possession in Trust for the said Robert Horde and Thomas Horde the son of the said Robert Horde during their Lives and the Life of the longest liver of them And as for and concerning such of the said Premisses as by the said Indenture are mentioned to have been Demised unto John Williams by Indenture bearing Date the ffourth day of January One Thousand Seven Hundred and four or to have been in his possession in Trust for the said William Chapman during his Life And as for and concerning such of the said Premisses as by the said Indenture are mentioned to have been Demised unto Walter Powell or to have been in his possession in Trust for the said William Chapman and James Chapman during their Lives and the Life of the longest liver of them, And as for and concerning such of the said Premisses as by the said Indenture are mentioned to have been Demised unto William Baseley or to have been in his possession in Trust for the said Mary Castelman during her Life And as for and concerning such of the said Premisses as by the said Indenture are mentioned to have been Demised unto the said Roger ffox or to have been in his possession in Trust for the said Richard Castelman during his Life And as for and concerning such of the said Premisses as by the said Indenture are mentioned to have been Demised unto Robert Sparrowhawke or to have been in his possession in Trust for the said Thomas Horde the son of the said Robert Horde during his Life And as for and concerning such of the said Premisses as by the said Indenture are mentioned to have been Demised unto the said William Sparrowhawke by Indenture bearing Date the Twelfth day of August Anno Domini One Thousand Six Hundred and ninety seven or to have been in his possession in Trust for the said Robert Horde during his Life And as for and concerning such of the said Premisses as by the said Indenture are mentioned to have been Demised unto Thomas ffox the Younger or to have been in his possession in Trust for the said Thomas Horde the son of the said Robert Horde during his Life. Item I do ratify and confirme a certain Deed Poll bearing Date on or about the ffifteenth day of January last past whereby I have conveyed the Lands therein mentioned unto Dr Dobson Dr Dunstar Dr Painter Allan Horde Jonathan Castelman William Wright Henry White James Pinnel and Mathew Pinnel and their Heires In Trust to raise and Distribute the summe of fforty shillings Monthly for ever in such manner as in the said last mentioned Deed is expressed And also in Trust to raise the further yearly summe of Sixteen pounds for the Clothing poor people and for Teaching poor Children to read English in such manner and proportions as in the said Deed is expressed Nevertheless my Will and Desire is and I do hereby Direct and Appoint that in the Distribution of my aforesaid benefaction of fforty shillings Monthly for ever to the poor Prisoners in the Castle at Oxford in such manner as in the said Deed Poll is mentioned my said Trustees in the said Deed named and their Successors for ever shall take care that no part of the said Money may be given or Distributed there to any person or persons who shall or may be respectively Committed to the said Prison for the severall Crimes of High Treason Murther or Burglary or to such Idle and Disorderly persons who shall be Committed there for Deer Stealing or ffish Stealing And my Desire is that chiefly and before all other Prisoners there regard shall be had in the first place to such who shall be there confined for Debt and that among such Debtors the poorest and most necessitous of them shall be preferred before those whose Necessities are not so urgent And it is my Desire that the Owner of my Mansion House at Coat aforesaid the President of Trinity Colledge the Rector of Exeter Colledge and the Warden of Wadham Colledge in Oxford be always Trustees of this my benefaction And I do intreat my Trustees for the time being to take care that they be from time to time Requested to Act with them. And in case the Lands which by the said Deed Poll I have charged with the said yearly summes shall not be sufficient to answer the same Then I do hereby charge all my ffive yard Lands and an half (which I have herein before given to and setled on my said son Allan Horde) with the payment of soe much money yearly as shall be wanting to raise the full yearly payments aforesaid out of the Premisses charged therewith as aforesaid. Item I do hereby revoke One Indenture of Release bearing Date the ffifteenth day of March in the Sixth year of her present Majesties Reigne and made between my self of the One part the said Allan Horde Thomas Snell John Dewe John ffrederick John Moulden Gen William Young and Robert Pencott Yeomen of the other part Whereby I made some Provision for Cloathing poor people and Teaching poor Children in Aston and Coat aforesaid. Item in case William Alder shall be my servant at the time of my Death Then I do give unto him ffive pounds and ffive pounds more to buy him Mourning and in that case also I give the said William Alder one half of my Stuff and Woollen Apparell and the other half thereof I do give unto my Bayliffe Richard Keats in case he shall be my servant at the time of my Death. Item in case the said William Alder Richard Keats and John Baston my present Butler Bayliffe and Coachman shall not be my servants at the time of my Death Then I do give unto the persons who shall be my Butler Bayliffe and Coachman at the time of my Death (in case they shall have respectively lived with me one yeare before my Death or shall make up that time afterwards with my Wife or son and not other= =wise) the summe of ffive pounds a peice and five pounds a peice more to buy them Mourning. Item I do give unto the person who shall be my Gardiner (having also lived with me one year) at the time of my Death the summe of five pounds to buy him Mourning. Item I do give unto Joseph Shingleton (my boy) if he shall be my servant at the time of my Death (and not otherwise) the summe of Three pounds and Three pounds more to buy him Mourning. Item I do give unto the chief Maid who shall Live with my Wife at the time of my Death the summe of ffive pounds to buy her Mourning and to the other two Maids who shall be my servants at the same time four pounds a peice to buy them Mourning in case the said severall Maid Servants shall also have respectively lived with me one year before my Death or shall make up the said time afterwards with my Wife or son Neverthelesse my Will is that all those Legacies to my severall servants before mentioned or to such other persons who shall be my servants at the time of my Death or such of them as my Executrix shall think fitt shall be void in case my said servants shall not (in the judgment and discretion of my said Executrix) be worthy of and Deserve the same. Item I do give to the poor Labourers who usually work all the Winter about my House or Wood in my Garden Ten shillings a peice above their weekly wages. Item I do ratify and confirme a certain Deed or Indenture Tripartite of Release bearing Date on or about the Three and Twentieth day of March last past and made between my self of the first part, my late Grandson Thomas Palmer Deceased of the second part and the afore= =said Jonathan Castelman and Paul Castelman of the Third part whereby I have conveyed the Lands therein mentioned unto the said Jonathan Castelman and Paul Castelman and their Heires upon the Trusts in the said Indenture Tripartite mantioned and expressed. Item I do also ratify and confirme one other Deed or Indenture Tripartite of Assignment bearing Date on or about the said Three and Twentieth day of March last past and made between my self of the ffirst part the aforesaid Thomas Palmer Deceased of the Second part and the aforesaid Jonathan Castelman and Paul Castelman of the Third part whereby I have assigned and sett over the severall Mortgages Bonds and Securitys for Money and the severall summes of Money therein mentioned (amounting in the whole to the summe of Eight Thousand and Eighty pounds) unto the said Jonathan Castelman and Paul Castelman and the Survivor of them and the Executors and Administrators of such Survivor upon the Trusts in the said Indenture mentioned and Declared And Whereas among other things and Trusts in the said last mentioned Indenture contained It is Declared that from and after my Decease the said Indenture is upon the Trust that they the said Jonathan Castelman and Paul Castelman or the Survivor of them [The next two short lines inserted marginally] or the Ex'ors or Adm'rs of the Survivour of Them shall and may raise and pay out of the same summes of Money and Premisses thereby to them bargained sold assigned and sett over all and every the summe and summes of Money which in and by my Last Will and Testament should be bequeathed or mentioned to be bequeathed to the severall persons in a Schedule to the said Indenture Annexed mentioned and in such summe and summes and proportions as in the said Schedule is mentioned and expressed or which should be given and bequeathed to any other person or persons whatsoever in and by my said Last Will Provided that such summe and summes or Legacys so to be given did not exceed in the whole or gross summe the summe and summes in the said Schedule mentioned Nevertheless it is thereby Declared to be the true intent and Meaning of the said Indenture that it should be lawfull for me to alter add to or Diminish any Gift or Legacy in the said Schedule mentioned to be given or appointed to any person or persons whatsoever or to change any of the persons therein named for any other person or persons and to give them or any of them the said Legacies in such pro= =portions as I should think fitt so as all the said Legacys so to be given to the said severall persons in the said Schedule mentioned or to any other person or persons in their or any of their stead do not exceed in the whole the sum'e and summes in the said Schedule mentioned And whereas since the making of the said recited Indenture and of my late Will wherein the said Legacies were mentioned to be given and in which Will I had appointed my said late Grandson Thomas Palmer to be my Executor he the said Thomas Palmer is Dead by reason whereof I have been obliged to make this my Last Will and to appoint another Executrix thereof and to make some small alterations in the persons and Legacies in the said Schedule mentioned And to revoke as I hereby do the severall Legacies and Bequests of Plate gownes and all other matters in the said Schedule mentioned to be given to Mr John Edmonds and Mr Mervin and to the aforesaid Richard Coxeter Esquire and his Wife and Son which I will shall be paid to my Executrix out of the said Eight Thousand and Eighty pounds towards making up the summe of One Hundred pounds by this my Will given to the said Richard Coxeter as aforesaid Therefore I doe Declare my Will and Mind to be that the said Jonathan Castelman and Paul Castelman the Trustees in the said Indenture mentioned shall by and out of the severall Securities and summes of Money in the said Indenture mentioned raise and pay into the hands of my Executrix herein after named the summe of Eighteen Hundred and Twenty two pounds being the whole gross sum'e in the said Schedule mentioned accounting my own Grand= =children (to each of whom I have given a peice of Plate to the Value of Ten pounds) to be fourteen in number and that they the said Jonathan Castelman and Paul Castelman do also raise and pay into the hands of my said Executrix hereafter named the further summe of Two Hundred and Seventy Eight pounds for the buying of Rings and Gloves for the severall persons in a List or Schedule by me written and left with this my Will or for such of them or for such other persons as my said Executrix shall think fitt besides many others to whom Gloves only will be given by my said Executrix And my Will is that the said whole summes of Eighteen Hundred and Twenty two pounds and Two Hundred and Seventy Eight pounds making in all the summe of Two Thousand and One Hundred pounds shall be raised by the said Trustees out of the said summe of Eight Thousand and Eighty pounds in the said recited Indenture mentioned and out of the Securities on which the same now is or hereafter may be placed and shall be paid into the hands of my Executrix hereafter named within Two Months next after my Decease And that my said Executrix do pay over the same unto my severall Legatees in this my Will named or to such of them respectively who shall have complyed with the Termes Provisoes and Conditions in this my Will mentioned and to them or any of them respectively relateing within Three Months then next after the same shall be so paid unto my said Executrix as aforesaid And my Will is that the said whole summe of Two Thousand and One Hundred pounds for the paying and satisfying of all the said Legacies and summes in the said Schedule mentioned and intended be paid only out of the summes of Money and Securities in the said Indenture mentioned And that all the rest of my Estate real and personal and my said Executrix to be Discharged thereof and of every part thereof. Item for as much as my said Son Allan Horde hath withstood all the earnest Requests and fair Offers which I have formerly made unto him to Marry and I am not likely to be happy in any Posterity by him And for as much as he hath severall times formerly Declared that he would not axcept [sic] of being my Executor And in regard I have received great summes of Money out of the Estate of my Dear Wife since my Marriage with her Therefore I do give and bequeath all the rest and residue of my Goods Chattells Debts Creditts Stock of Cattle Corne Hay and Corne upon the Ground Arrearages of Rents in my Tenants hands and all other my personal Estate whatsoever unbequeathed (my Debts Legacies and ffunerall Expences being first paid and Discharged) unto my said Dear and loving Wife Mary And I do make and constitute my said Dear Wife Mary the Sole Executrix of this my Will with great confidence that she will performe it with judgment care and Integrity. Provided and my Will is That if my said son Allan Horde his Heires Executors or Administrators do or shall Disturbe my said Wife in the Receipt or Enjoyment of whatsoever I have hereby given unto her or any of my Tenants in the possession of any Estate which I have at any time heretofore made or granted unto them or to any other person or persons by this my Will Then my Will is that the charge of Defending such Disturbance shall be paid and borne by my said Executrix out of my personal Estate And I do hereby give unto the person or persons who shall suffer by such Disturbance soe much money as they or either of them shall be Daminfyed [sic] by reason thereof And I do Appoint my said Executrix her Heires Executors and Administrators to pay all such charges and money accordingly And I do hereby charge all the Estate both real and personall which I have hereby given unto my said Executrix with the payment thereof And I do Desire and charge the Heires of my said late Grandson Thomas Palmer Deceased as they shall be seized of my Estate in Eaton Hastings aforesaid by vertue of the Deed or Indenture above ratifyed to pay my said Wife her Annuity charged thereupon duely free from all Taxes which was my Agreement with my said Wife before my Marriage with her and without any Difficulty or Disturbance Provided also and my Will further is that in case my said son Allan Horde shall not within One Month next after my Decease give and duely Execute unto my said Executrix such goods and sufficient Release and Discharge in the Law as shall be necessary to quitt and Discharge my said Executrix from all Demands to be made by the said Allan Horde his Executors Administrators or Assignes of any Legacy or summe of money whatsoever pretended to be due to him or them out of the Estate or by Vertue of the Will of my late Dear Son Charles Horde deceased (to whom I was Executor) Then in such case I Will that the aforesaid Estate called Gollifers ffarme shall stand charged with the aforesaid Mortgage and Debt due thereon to me And then in such case I do give the said Debt and all Interest due thereon to my said Executrix And I do appoint that my said Executrix shall keep the Mortgage Deed thereof untill the due performance of the severall Provisoes and Conditions which on the part of my said son Allan Horde and my other Legatees in this my Will named are to be performed and done Provided also that if all and every of my other Legatees and Devisees in this my Will named who shall or may claim any Legacy or summe of money or other matter or thing whatsoever out of the said Estate or by vertue of the said Will of my said son Charles Horde Deceased shall not also severally and respectively release and Discharge my said Executrix of and from all Legacies and summes of money and other claims and Demands whatsoever due or pretended to be due unto them or any of them respectively out of my said son Charles's Estate or by vertue of his said Will That then in such case the severall Legacies Devises and Bequests by this my Will given to the person or persons respectively refuseing to give such Release shall cease and be void And it shall be Lawfull for my said Executrix to Detain the same respectively in her owne hands and to her owne use as part of my personal Estate until such person and persons who shall make such claim shall give unto my said Executrix such sufficient Release and Discharge as is aforesaid anything herein before contained to the contrary notwithstanding And in regard I committed the mannagement of my said son Charles's Estate to my said son Allan Horde and if anything thereof yet remains or hath been Misapplyed [The next four short lines inserted marginally] or wasted the same is in the hands of my said son Allan Horde or has been lost or misapplyed through his Default or Mismannage= =ment Therefore my Will further is that in case any of my Legatees before named who shall or may claime any Legacy summe of Money or other Matter or thing whatsoever as due or pretended to be due unto him or them respectively or to his her or their Child or Children respectively shall notwithstanding the Proviso before mentioned refuse to Release and Discharge my said Executrix in manner before expressed and shall put my said Executrix her Executors or Adminis= =trators to any trouble Costs or charges upon the Account aforesaid or any other account relateing to my said son Charles's Estate Then in such case also my Will is And I doe hereby charge the said Mortgage on the said ffarme called Gollifers ffarme with the payment to my Executrix her Heires and Administrators of all such summe and summes of money Costs Charges and Damages whatsoever which my said Executrix her Executors or Administrators or any of them shall be put unto or susteyne for or upon the account afore= =said In Wittness whereof I the said Thomas Horde to this my Last Will and Testament consisting of ffourteen sheetes of paper have sett my hand and seal the Day and yeare first above written (Tho: Horde) Signed Sealed published and Declared by the said Thomas Horde as and for his last Will and Testament in the presence of us and in his presence subscribed by us. ffrancis Coxeter, William Lissett, Jethro Bunce. A Codicill to be annexed unto and taken as part of the Last Will and Testament of Thomas Horde Esq'r Imprimis Whereas I have in and by my Will above written given and bequeathed unto my Grand Daughter and God Daughter Mary Castelman my biggest Silver Tankard Engraven with Mr Rayntons Armes Now I do hereby revoke the said Gift and Legacy of the said Silver Tankard so given unto the said Mary Castelman And for as much as the said Tankard was the said Mr Rayntons Therefore I do give and bequeath the said Silver Tankard unto my Godson Reginald Morgan Bray the great-Grandson of the said Mr Raynton and son of Edmond Bray of Barrington Esquire Item I do further Declare my Will and Mind to be that in case any of my Legatees in my said Will before mentioned (or which are mentioned in the Schedule in my said Will expressed to bee annexed to the Indenture Tripartite of Assignment bearing Date the Three and Twentieth day of March last past which in my said Will before is mentioned) shall happen to dye before me whereby their said respective Legacys may become void Then in such case my Will is and I do hereby give all and every such Legacy and Legacys so given and bequeathed to the person and persons that shall or may so happen to dye before me unto my said Executrix in my Will before named as part of my personall Estate. Item Whereas also I have in and by my Will before mentioned charged my son Allan Horde to allow unto my Dear Wife Mary the freedome of my House without any Molestation for a Month at least or some Weeks more (if she Desires it) to dry up her Tears and remove the Goods which she brought thither and those which I have by my said Will given unto her Now I having considered that in regard I have made my said Wife my Executrix of my said Last Will and Testament and that by reason thereof she may be put to great inconveniencys in the Disposeing of such Stock of Cattle and other Goods as by my said Will I have given unto her for want of sufficient time to make the best Advantage thereof Therefore I do hereby charge my said son Allan Horde to allow unto my said Wife the freedome of my said House for Three Months at least after my Decease for the purposes aforesaid And I do Declare my Will and Mind to be that notwithstanding the Device and Limitations of my ffive yard Lands and an half in my said Will mentioned to be given and Limitted to my said son Allan Horde and upon other Limitations therein mentioned the said Device and Limitations of the said ffive yard Lands and an half in my said Will mentioned shall not be in force or take place untill the expiration of Three Months next after my Decease And I do hereby give the use of the said five yard Lands and an half unto my said Dear Wife and Executrix before mentioned for the said Terme or space of Three Months next after my Decease to the intent to enable her thereon to keep all such Cattle and Stock as she may have after my Decease as my said Executrix untill she can conveniently Dispose thereof within the said time anything in my said Will before contained to the contrary Notwithstanding. And whereas I have in and by my Will before mentioned Provided that if all and every of my Legatees and Devisees in my said Will named who shall or may claime any Legacy or summe of money or other matter or thing whatsoever out of the Estate or by vertue of the Will of my Late son Charles Horde Deceased shall not severally and respectively release and Discharge my Executrix of and from all Legacys and summes of money and other Claims and Demands whatsoever due or pretended to be due unto them or any of them respectively out of my son Charles Hordes Estate or by vertue of his Will That then in such case the severall Legacys Devices and Bequests by my said Will given to the person or persons respectively refuseing to give such Release should cease and be void and that it should be lawfull for my said Executrix to Detaine the same Legacies respectively in her own hands and to her owne use as part of my personall Estate until such person and persons who should make such claime should give unto my said Executrix such sufficient Release and Discharge in the Law as is aforesaid. And Whereas I am Apprehensive that one or more of my said Legatees may refuse to give such Release and may sue my said Executrix or give her some other Disturbance upon the account of my said son Charles's Estate altho' others of them may Execute such Release as is aforesaid Now therefore my Will and meaning further is that in case any one or more of my said Legatees shall refuse to give such Release as is aforesaid or shall commence any Law Suit against or give or joyn in any other Disturbance to or against my said Executrix Then and in such case it shall and may be Lawfull to and for my said Executrix to detain all and every the Legacy and Legacys by my said Will given unto the persons respectively claiming any share or benefitt out of my said son Charles's Estate untill all and every of my said Legatees shall have duely given and Executed such sufficient Release and Discharge as is aforesaid And in case the giving and Executeing such Releases shall be refused or delayed by all or any of my said Legatees for the space of three Months next after the said respective persons might have and receive their respective Legacies or after it shall be signifyed unto them respectively by Letter or otherwise by my said Executrix that she is ready to pay the same upon the executing of such Releases from them respectively Then in such case my Will is that the said severall Legacies so to them respectively given and every of them shall be utterly void and shall remain to my said Executrix as part of my personall Estate In Wittness whereof I the said Thomas Horde have hereunto sett my hand and seal this ffifteenth day of September in the Twelfth year of the Reigne of Our Soveraigne Lady Anne by the Grace of God of Great Britain ffrance and Ireland Queen Defender of the ffaith &c Annoque Domini 1713 (Tho: Horde) Signed sealed and published by the said Thomas Horde in the prence of us who subscribed our names thereto in his presence Rich'd Coxeter, John Blagrave, John White. A further Codicill to be annexed unto and taken as part of the Last Will and Testament of Thomas Horde Esquire. Whereas I have in and by my Will above written bearing Date the Twelfth day of August Last past and in the third folio of my said Will given unto my son Allan Horde therein mentioned all my Houshold Goods and Pictures not thereby otherwise Disposed of under the Proviso therein mentioned and also in that and the fourth folio of my said Will have remitted unto my said son Allan Horde the Debt and Interest for which my son Charles Horde Deceased made a Mortgage of the ffarme called Gollifers ffarme under the Proviso therein also mentioned, and whereas also I have in the said fourth and the fifth folio of my said Will Decla= =red my Will and Mind to be that the five yard Lands and an half lying in Aston and Coate therein mentioned to have been limitted to the use of my self and the Heires Male of my body by Indenture Dated the Thirteenth day of April Anno Domini One Thousand Six Hundred and fifty seven and to have been since duely setled and limitted to the use of my self and my Heires should remain unto my said son Allan Horde upon the Limitations therein mentioned and for Default of such Issue of my said son Allan Horde as therein is expressed Then the same are thereby limited unto my Nephew Robert Horde in Special tail in such manner as therein is mentioned with Reversion in fee to my own right Heires (there being a rasure where the name of the said Robert Horde is mentioned which was made before the Executing of my said Will) subject to the payment of the Charities in my said Will named and under the Proviso therein menti= =oned and contained, and whereas in the said fifth folio of my said Will I have given one Annuity or yearly Rent= =charge of four pounds per Annum issuing out of certaine Lands now belonging to Mr Edward Turner in Eaton Hastings in the County of Berks unto my Dear and loving Wife Mary and her Heires for ever (there being also a rasure in the said Will where the Words (my said Dear and loving Wife Mary and her Heires) are written which said rasure was also made and such words written and incerted therein before my executing thereof) And Whereas in the Thirteenth folio of my said Will I have Provided that if my said son Allan Horde his Heires Executors or Administrators should Disturbe my said Wife in the receipt or enjoyment of whatsoever I have thereby given unto her or any of my Tenants in the possession of any Estate which I have at any time heretofore made or granted unto them or unto any other person or persons by my said Will that then the charge of Defending such Disturbance shall be paid and borne by my Executrix out of my personal Estate which I have thereby appointed to be paid accordingly And I have therein further Provided that in case my said son Allan Horde and all and every other Legatees and Devisees in my said Will named who should claime any Legacy summe of money or other matter or thing whatsoever out of the Estate or by vertue of the Will of my said late son Charles Horde Deceased should not also severally and respectively Release and Discharge my said Executrix of and from all Legacys and summes of money and other Claims and Demands whatsoever due or pretended to be due unto them or any of them respectively out of my said son Charles's Estate or by vertue of his Will That then the several Legacys Devises and bequests by my said Will given to the person or persons respectively refuseing to give such Release should be void and remain in the hands of my Executrix until such person and persons who should make such claim should give such Release as aforesaid And that the said Mortgage on the said ffarme called Gollifers ffarme shall make good to my said Executrix all the said Provisoes and Conditions pursuant to my said Will. And Whereas by a former Codicill bearing Date the fifteenth day of September last and annexed to my said Will reciteing among other things in part the last above mentioned Proviso I have Declared it to be my further Will and meaning that in case any one or more of my said Legatees shall refuse to give such release as aforesaid or shall sue or give or joyn in any other Disturbance to or against my said Executrix that then she my said Executrix shall and may detain all and every the Legacies by my said Will given unto the persons respectively claiming any share or benefitt out of my said son Charles's Estate until all and every of my said Legatees shall have executed such Release and Discharge as is aforesaid And that in case such Release shall be refused or Delayed by all or any of my said Legatees for three Months next after they might receive their respective Legacies or after it shall be signifyed to them respectively by my Executrix that she is ready to pay the same upon their executing such Releases that then my aforesaid Legacys and every of them shall be void and remain to my said Executrix as part of my personal Estate or to such Effect. My Will and Meaning thereby was and is that if any one of my aforesaid Legatees shall so refuse or Delay to give my said Executrix such Release and Discharge as aforesaid that then none of my said Legatees shall have their or any of their aforesaid Legacys But that all and every of their said Legacies shall be utterly void as to them and every of them and shall come to and be Detained by my said Executrix unto whom I in such case give all and every of the said Legacies. And Whereas if any Suit Loss Charge Disturbance or trouble shall after my Decease be commenced against or happen or be given to my Executrix her Executors or Administrators by any of the Creditors Legatees or Annuitants of my said late son Charles Horde Deceased for or in respect of any Legacies Annuities summe or summes of money given to them or any of them by the Will of my said late son Charles Horde or for or in respect of any Debt or Debts pretended to be due or owing from or by my said late son Charles Horde or for or in respect of any other matter or thing whatsoever relating to his said Will or Estate the same must arise from my aforesaid son Allan Hordes Mismanagements of my said late son Charles Hordes Estate. And for as much as I am also Apprehensive that if my said Executrix or any of my Legatees or Devisees in my Will named or any of my Tenants within the aforesaid Manor of Aston and Coat or her their or any of their Executors or Admi= -nistrators shall meet with or sustein any Loss charge or trouble for or upon account of their or any of their respective Legacies or interest in my real or personal Estate to them respectively given by my said Will or for or in respect of any Leases or Grants by me at any time heretofore made or granted to any of my said Tenants or if my said Tenants themselves or any of them shall put my said Executrix her Executors or Adminis= =trators to any charge or trouble relating to the same that such Loss charge trouble or other Disturbance must respectively accrew or arise from my said son Allan Horde or by his means or procurement or Stiring up my said Tenants thereto Therefore my further Will and meaning is that in case any Suit Loss charge Dammage or trouble shall happen to my said Executrix or to my aforesaid Tenants or any of them or to any other person or persons in Trust for them or any of them or to her their or any of their Executors or Administrators for or by reason or means of any of the matters aforesaid or if my said son Allan Horde or any other of my Children or Legatees shall any way controvert or endeaver to make void my Will or the Codicills thereunto annexed in any part or parts thereof That then and in all and every of the aforesaid cases the part and Share of my said Household Goods and Pictures so given to my said son Allan Horde in and by my said Will as aforesaid shall be Sold by my said Executrix her Executors or Administrators towards the reimbursing her and them for all such Charges payments Expences and troubles which she or they shall or may Susteine or be put unto for or by reason of any of the matters or Accounts aforesaid. And my further Will amd meaning is that all my Specifick Legacies and all other my personal Estate except what is by my said Will given to my said son Allan Horde and to the other Legatees and Annuitants of my said son Charles Horde Deceased shall be and are hereby Discharged from making good of any of the Losses Dammages Costs Charges and Disturbances whatsoever that shall or may happen to my said Executrix her Executors or Administrators or to any of my Tenants or any other of my said Legatees or Devisees except as aforesaid And instead of the Provision in my said Will made for making good the same or any part thereof out of my said personal Estate which part of my said Will I do hereby revoke. My Will now is that in the first place all such Losses Dammages Charges and Disturbances shall be repaid and made good to the person and persons who may suffer thereby out of the said Debt due unto me out of the said ffarme called Gollifers ffarme whether such Losses Charges or Disturbances shall proceed directly or indirectly from my said son Allan Horde or from any of my Tenants or from any of the Legatees Annuitants or Creditors of my said son Charles Horde or otherwise. And as a further Security to indemnify my said Executrix Tenants her and their respective Executors and Administrators and all other my Legatees and Devisees in my said Will named except as aforesaid from such Charges and Disturbances upon the Accounts aforesaid and upon the Account of any Suit Controversy or Disturbance for about or concerning my said Will I do hereby revoke and make void my Gift and Devise of my five yard Lands and an half in Aston and Coat mentioned to be given and limitted to my said son Allan Horde with Limitations over to my Nephew Robert Horde as the same are given Devised and limitted in the fourth and fifth folios of my said Will with revertion in fee to my own right Heires And my Will and meaning is and I doe hereby give unto the said Jonathan Castelman in my said Will named and his Heires All those my said five yard Lands and an half with the Commons and Appurtenances thereunto belonging in Aston and Coat aforesaid (mentioned in the said fourth and fifth folios of my said Will to be limitted as aforesaid Subject to the Charity's and Proviso's in my said Will particularly expressed) In Trust in the first place that he the said Jonathan Castelman and his Heires shall and will by and out of the Rents and profitts of the said premisses raise money to pay and Discharge all the Charities charged thereon in and by my said Will yearly and every yeare as the same are thereby appointed and made payable and from and after the raising and paying of the said yearly Charity's that then he the said Jonathan Castelman and his Heires shall permit and suffer my said son Allan Horde and his Assignes and such other person and persons to whom the Premisses are limitted to receive and take all the residue of the rents Issues and profitts of the said Premisses to his and their own use and behoofe untill my said Executrix her Executors or Administrators my Tenants or Legatees or any of them their Executors or Administrators shall or may sustain any Loss Dammage Charge or other Disturbance for or upon any of the Accounts mentioned in this my Codicil or in any former Codicil or in my Will to which this and the said former Codicill are annexed and from and after such Disturbance given to any of the persons aforesaid by my said son or by any of my said Tenants or by any of the Legatees Annuitants or Creditors of my said son Charles Horde Deceased or otherwise contrary to my said Will and the Codicills thereunto annexed any or either of them Then in Trust that he the said Jonathan Castelman and his Heires shall and will by and out of the rents and profitts of the said Premisses after the payment of the said Charities raise money from time to time to pay and Discharge all such summe and summes of money which my said Executrix Tenants Legatees and Devisees and other persons exceot as aforesaid or any of them shall be Obliged to lay out or expend or otherwise Sustein for or by reason of such Losses Dammages troubles or Charges or for the Defending of such Disturbance or Disturbances And from and after my said Executrix and such other persons as aforesaid shall be so paid and satisfyed and my said Executrix shall be fully Discharged by my said son Allan Horde and all other the Legatees Annuitants and Creditors of my said son Charles Horde Deceased according to the true intent and meaning of my said Will and Codicills, and after my said Executrix shall have received and taken the full benefitt of my said Will and Codicills and She and all other my Legatees and Tenants quieted in the possession and enjoym't of all and whatsoever I have in my said Will and Codicills given unto her and them respectively and which by any Lease or Leases or grants I have made and granted to my said tenants or any of them or to any other person or persons in Trust for them either in possession or Revertion or otherwise Then my Will is that the said Devise and Limitation of my said five yard Lands and an half and the Limitations thereof to my said son Allan Horde with Limitations over to my said Nephew Robert Horde as the same are mentioned in the said fourth and fifth folios of my said Will shall be revived and the same shall come and remaine unto my said son Allan Horde under the aforesaid Limitations in the said fourth and fifth folios of my said Will mentioned with Limitations over to my said Nephew Robert Horde with revertion in fee to my own right Heires as therein is also expressed, Subject Nevertheless to the Charity's aforesaid to be paid thereout yearly for ever pursuant to my said Will. And as to all other the Provisos Matters and things in my said Will and first Codicill thereunto annexed mentioned which are not hereby revoked or altered my Will and meaning is that the same shall stand in force and I do hereby ratify and confirme the same in every particular In Wittness whereof I the said Thomas Horde have hereunto sett my hand and seal the Three and Twentyeth day of November in the Twelfth year of the Reigne of Our Soveraigne Lady Anne by the Grace of God of great Britain ffrance and Ireland Queen Defender of the ffaith &c Annoque Domini 1713. (Tho: Horde) Signed sealed and published by the said Thomas Horde in the prence of us who subscribed our names therto in his presence William Mervin Jun'r. William Lissett Jethro Bunce Whereas by Indenture of Assignment Tripartite bearing Date the 23'd day of March 1712 made or mentioned to be made between my Self of the first part my then Grandson Thomas Palmer of the 2'd part and Jonathan Castelman Esq'r and Paul Castelman Gentleman of the 3'd part and by the Schedule thereunto annexed I had (among other things) power to give and Dispose of as many Rings of Twenty Shillings value each and black Shammey Gloves as I should as therein mentioned appoint to be paid out of the Trust moneys or Estate by the said Indenture assigned which by a late Decree in Chancery hath in persuance of an Offer made by mee for that purpose been ascertained at 278li and Ordered to be paid for or in Lieu of such Rings and Gloves to my Executors or Administrators or as I should appoint. Now I do hereby Appoint the said summe of 278li to be paid to my Dear Wife Mary Horde whom I have made my Executrix of my Last Will, leaveing it to her sole power and Discretion to give and Dispose of such part thereof in Rings and Gloves as she shall think fitt and to keep the residue thereof to her owne use which I do hereby give her accordingly Wittness my hand this 29th day of July in the yeare of Our Lord 1715. (Tho: Horde) I Appoint the above writing to be added as a Codicill to and taken as part of my Will Wittness my hand and seal this one and Twentieth day of September 1715 (Tho: Horde) Signed sealed published and Declared by the said Thomas Horde in our presence and in his presence Wittnessed and subscribed by us John Edmonds, William Lissett, Jethro Bunce Probatum fuit hujusmodi Testamentum apud London cum tribus Codicillis annexis coram venerabili et Egregio viro Johanne Bettesworth Legum Doctore Curiae Praerogativae Cantuariensis Magistro Custode sive Commissario legitime constituto Vicesimo Quarto die Mensis Aprilis anno Domini Millesimo Septingentesimo Decimo Sexto Juramento Mariae Horde Viduae Relictae dicti Defuncti et Executricis unicae in dicto Testamento nominatae Cui commissa fuit Administratio omnium et singulorum bonorum jurium et Creditorum dicti defuncti de bene et fideliter Administrando eadem ad Sancta Dei Evangelia vigore Commissionis Jurat. |