Will of Sir Baynham Throckmorton, 1680

In the name of God Amen The Sixteenth day of July in the Three and Thirtieth yeare of the Reigne of our Soveraigne Lord Charles the Second by the grace of God of England Scotland France and Ireland King defender of the Faith Anno Dmi One Thousand Six Hundred and Eighty I Sir Baynham Throckmorton of Clowerwall in the County of Gloucester Knight and Baronett Doe make and declare this my last will and Testament as followeth: Whereas by an Indenture bearing Date the Sixteenth day of December last and betweene the said Sir Baynham Throckmorton and Dame Katherine my wife of the one part And Sir Richard Edgcombe of Mount Edgcombe in the County of Devon of the honourable order of the Bath James Stephens of Stowell in the said county of Gloucester Esquire and John Powell of the Inner Temple London Esquire of the other parte They the said Sir Richard Edgcombe James Stephens and John Powell and the survivors and survivor of them upon certaine Conditions and for certain Reasons in the same recited deed mentioned have power after my decease to sell and dispose of all and every the Mannors Messuages lands Tenements and premises therein conteyned And in the first place with the money thereby raised to pay as therein is directed the sum Fower Thousand Two hundred and fifty pounds therein mentioned or so much thereof as shall be unpaid at the time of my decease and Interest for the same And in the next place to pay to the said Dame Katherine my wife the sum of Five Thousand pounds if she shall live a yeare after my decease And untill the said Estate or the value of Two hundred pounds per Annum be sold But if she dye within one yeare after my decease and before my Estate be sold or refuse to Convey the said Estate as in the said Deed is mentioned then she the said Dame Katherine according to the said recited Bond is to have onely Fower hundred pounds To be paid as she by will or writing under her hand shall appoint the same in which recited Deed is a power reserved unto me the said Sir Baynham Throckmorton by Deed or writing by me Executed in my life time in manner as in the said Deed is appointed or by my last will and Testament to give and dispose of the Remainder and overplus of the said sumes for to be raised by the sale of my said mannors lands and premises To such person and persons and in such manner as I should thinke fitt In pursueance of which power and authority to me reserved I doe in this my last will and Testament declare my will to be That if the said Dame Katherine my said wife happen to live aboue one yeare after my decease and acte soe as that she becomes entituled to the said Five Thousand pounds to be raised by the sale of my Estate Then All the Rest Residue and overplus of the said money to be raised by the sale of my said Estate after the Fower Thousand Two hundred and Forty pounds Interest and Charges And Five Thousand pounds and Interest and Charges in the said recited Deed mentioned is paid shall be devided equally amongst my Three daughters Elizabeth Carolina and Mary And I doe in that case by this my will give devise and bequeath unto them my said Three daughters The Residue and overplus of the money soe to be raised by the sale of my Estate to be equally devided amongst them my said Three daughters accordingly But if it soe happen That she the said Dame Katherine my wife according to the said recited Deed of Trust shall have the disposall of Fower hundred pounds onely Then my will is That Katherine my youngest daughter shall have equall share with her Three other sisters of the Residue and overplus of the said money soe to be raised by sale of my said Estate when the said Two severall summes are paid The same to be paid to them by my said Trustees respectively upon the dayes of their severall marriages and not before or otherwise And in the meanetime to be put out and disposed of to the best advantage And if any of them dye before marriage my will is that the said residue of the money in manner aforesaid to be raised shall be equally devided amongst the survivors of them whether married or unmarried And my will is That my said Trustees in the said recited deed named shall pay and allow yearly att the end of every halfe yeare to my said Three daughters Elizabeth Carolina and Mary the sume of Forty pounds a peece for their maintenance until such time and they can dispose of and sell my said Estate and their dividend of the overplus and Residue of the money thereby raised be paid to them And if the said Dame Katherine my wife dye before the said Five Thousand pounds become due or payable to her Then my will is That the said Katherine my youngest daughter shall also in the like manner be paid by my said Trustees halfe yearly out of the proffitts of my said Estate the like sume of Forty pounds a yeare for her maintenance untill the said Estate be sold and her dividend of the residue and overplus money be also paid her and not otherwise. But if the said Five Thousand pounds becomes due and payable to my said wife according to the said recited deed my will is That she the said Katherine my daughter shall have noe yearly allowance at all for her maintenance from my said Trustees out of the proffitts of my said Estate Alsoe in case the said Dame Katherine my said wife live above one yeare after my decease whereby she is entitled to the said Five Thousand pounds Then I give devise and bequeath All my goods Cattle Chattles Leases Termes of yeares debts and personall Estate whatsoever to my said Three eldest daughters Elizabeth Carolina and Mary to be equally devided amongst them But if my said wife dyes within a yeare after my decease or acte soe That she by this said Deed of Trust is to have onely Fower hundred pounds Then I give devise and bequeath all my goods Cattle Chattles leases Termes of yeares debts and personall Estate whatsoever (Except my lease or grant of the Forest of Kingswood in the said county of Gloucester made and granted to me by the Kings most Excellent Majestie That now is And alsoe Except one Annuity or yearly Rent of fower pounds nyne shillings tenn pence halfepenny commonly called an Assart Rent issuing out of certaine lands of me the said Sir Baynham called Moxon or any other my lands in the hundred of Briavills in the county of Gloucester lately purchased by Elizabeth my daughter And alsoe except one parcell of ground called called Joysmore als Geemore and the houses and Cottages thereupon standing with the appurtenances in the parish of Bitton in the said County of Gloucester heretofore called Westons liberty) To my said fower daughters Elizabeth Carolina Mary and Katherine To be Equally devided among them But my will is That then in that case my said daughter Katherine shall have Fower hundred pounds lesse out of the said dividend Then any of her said Three sisters But that my other Three daughters shall have an equall share and each of them Fower hundred pounds more then my said Daughter Katherine Noe part of the money to be paid unto them by my said Trustees being to be accompted for or taken notice of in the Second dividend concerning my said personall Estate not Excepted out of the said devise But that my Three Eldest daughters shall have Foure hundred pounds each out thereof And then my said daughter Katherine to have a Fowerth part of the Residue thereof not aboue excepted And as Concerning my said Lease or Grant of Kingswood Forest my will is And I doe hereby give and dispose of the some and of the proffitts of the Office of Principall and Master Forrester of the said Forrest To my said Three daughters Elizabeth Carolina and Mary To be equally devided amongst them The sume of Three hundred pounds which nely is due and noe more being First paid to Mrs Mary Bassett without Interest And Two bonds made by me te said Sir Baynham to her the said Mrs Bassett for further securing the same debt of Three hundred pounds Each bond of the penaltie of Two hundred pounds being first delivered up and cancelled And as concerning the said Annuity or yearly Rent of Fower pounds nine shillings ten pence halfe penny And the said parcell of ground called Joysmore als Geemore and the said houses and Cottages thereupon built with the appurtenances I give and devise the same unto my said Three daughters Elizabeth Carolina and Mary to be equally devided amongst them And my will is That a certain Messuage adjoyning to Knights meadow in Clowerwall in the parish of Newland in the County of Gloucester aforesaid Given by my Great Grandfather Thomas Bayneham Esquire to Charitable uses shall soe Continue And I doe hereby appoint [unreadable] of the City of Gloucester gent and William Hall of the Middle Temple London gent overseers of this my last will and Testament And I hereby desire them to assist my Executrix herein after [unreadable] thereof And I doe give and devise unto them the said [unreadable] and William Hall the sume of Tenn pounds apeice to buy them Ringes And Lastly I doe Constitute and appoint my said daughter Elizabeth sole Executrix of this my last will and Testament And doe hereby revoak and make void all other wills by me formerly made. In witnes whereof I have hereunto put my hand and seale the day and yeare first aboue written. B Throckmorton Signed sealed published and declared in the presence of William Hall Richard Pursell The marke of John Parry

Reference: P.R.O. PROB11/369, ff.191v-193r
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