11-0153-234_SimonHastings_1627
In the name of God Amen; the twelfth day of February in the year of the reign of our Sovereign Lord James by the grace of God of England, France and Ireland King, Defender of the Faith, etc., the twentieth and of Scotland the six and fiftieth, and in the year of our Lord God one thousand six hundred twenty and two, I Symon HASTINGES of Dailsford in the County of Worcester Esquire, being somewhat aged but of reasonable good health God be thanked, yet knowing the certainty of death and the uncertainty of the time thereof, that I may be better prepared to leave this life when it shall please God to call me to his mercy, leaving a sufficient testimony behind me that I lived not without an especial care to settle my estate in my lifetime in such sort that all contention and strife might be prevented between my heir and my younger children which may by any means happen after my decease, and for the better establishment of love and concern amongst them by the distribution of my lands and goods unto them wherewith it has pleased God to endow me, do make and ordain this my last will and testament in manner and form following, that is to say, first I bequeath my soul to God, and my body to the earth to be interred in the chancel of the parish church of Dailsford aforesaid, and whereas in and by an indenture tripartite bearing date the ninth day of May in the twelfth year of the reign of our said Sovereign Lord James King of England etc made between me the said Symon Hastings and John HASTINGS my son and heir on the first part, and Gavin Grosvenor of Grays Inn in the County of Middlesex Esquire, and Lancelot Harvey of London, gent, on the second part, and John Fowle of Gunstone in the County of Staffs Esquire and George Pudsey of Langley in the County of Warwick Esquire on the third part it is mentioned and declared that they the said John Fowle and George Pudsey should stand and be seized of all such manors, lordships, reversions, messuages, lands, woods and tenements therein mentioned to divers and several uses, and amongst others to the use and behoof of George HASTINGS the elder, Elizabeth HASTINGS, Margery HASTINGS, Hercules HASTINGS, George HASTINGS the younger, Charles HASTINGS, Katherine HASTINGS, Jane HASTINGS, Mary HASTINGS, Anne HASTINGS, Constance HASTINGS, and Hester HASTINGS, my younger sons and daughters and their assigns for and during the term of sixteen years to ensue and be accounted from the date of the same indenture, and from thenceforth fully to be complete and ended to the intent and purpose that they and every of them should and might raise and levy such competent and convenient portions for their and every of their (preferences) in marriage or otherwise as should be given limited or appointed to and amongst my said sons and daughters as is by my last will and testament, as in and by the said tripartite indenture (at xxx) appears likewise (xxx), I the said Symon Hastings together with my said son John Hastings have by certain assurances and conveyances in the land conveyed and assured to them the said George Hastings the elder, Hercules Hastings and George Hastings the younger and to every of them respectively for and during their natural lives certain of (xxx xxx) premises before mentioned situate and being in Dailsford aforesaid, and have likewise appointed to be given the sum of two hundred pounds to be levied and raised out of the premises to my daughter Margery for her preferment in marriage to and with Edward LANE, son and heir of William LANE of (Coinier) in the County of Oxford, gent for the true payment whereof George Hastings the elder and Hercules Hastings my said sons and Andrew Lydall, gent, my Son in Law did become bound in several obligations of the sum of four hundred pounds unto the said William Lane at certain days and times in the same obligations expressed, part of which said sum of two hundred pounds is already satisfied, which said sum of two hundred pounds my will and meaning is that it shall be deemed adjudged and taken to be and shall be a full satisfaction of all portions and sum or sums of money raised or to be raised out of the premises or any part thereof or out of any of the goods and chattels of me the said Symon Hastings which by any right or any (colour) of right title or interest shall or may at any time hereafter grow due or payable to my said daughter Margerie or to any other person or persons claiming or to claim under her right title and interest; and whereas after I have given in marriage with Katherine my said daughter to George Johnson. Citizen and Dyer of London the sum of one hundred pounds, such sum was paid unto her by Hercules my son being money due unto me for a fine of the lands conveyed unto him as aforesaid; and have likewise given unto Jane my daughter the sum of one hundred pounds to be paid unto her by my son George the Elder; and to my daughter Anne the sum of one hundred pounds to be paid unto her by my son George the Younger, which said several sums of one hundred pounds is also money due unto me for the fine of the lands conveyed unto them, and is by me appointed to be paid as aforesaid, now my will and meaning is that the lands conveyed unto my said three sons George, Hercules and George shall be unto them and every of them a full satisfaction of all portion, and that the said three hundred pounds paid and to be paid to my said three daughters Katherine, Jane and Anne shall be deemed adjudged and taken as full satisfaction of all portions due unto them out of the premises or any part thereof until my daughters Elizabeth, Mary, Constance and Hester and my son Charles shall be severally paid the several sums to them given and bequeathed by this my last will and testament, and whereas certain parcels of the lands limited and appointed to Susanna my wife by the said recited tripartite indenture are likewise conveyed by me and my son and heir to George the Elder and to Hercules my son by several conveyances amongst other things, in lieu thereof and in consideration of the maintenance of Charles, Constance and Hester my three youngest children I do will and bequeath unto the said Susanna my wife and to her executors administrators and assigns all those my messuages lands tenements and hereditaments whatsoever situate and being in Dailsford aforesaid which are not already conveyed to my three sons George, Hercules and George to have and to hold the said messuages lands tenements and hereditaments with all their and every of their appurtenances except the lands conveyed as aforesaid to the said Susanna my wife her executors administrators and assigns for and during the residue of the said term of sixteen years which shall happen to be unexpired at the time of my decease, she my said wife yielding and paying therefore yearly at the feast of St Michael the Archangel unto my heir for the time being the yearly rent of twenty shillings if it shall be demanded, and whereas I have made a lease of all that part of the Manor of Elford belonging to me (and not formerly conveyed to John Hastings my son upon his first marriage with Constance his wife deceased) for the term of eleven years from the sixteenth day of May next ensuing the date of this my last will and testament from thenceforth next ensuing and fully to be complete and ended unto the said Hercules my son and the said Andrew Lydall my son in law (they) to pay the yearly rent of one hundred pounds is referred, I do by this my last will and testament ratify and confirm the said lease and every clause article and thing therein contained. ITEM; I will and bequeath unto John Hastings my son the yearly rents (vis a vis every the) leases made to my said three sons George, Hercules and George and five pounds in money to be paid unto him by my executors within one year after my decease. ITEM; I will and bequeath unto Elizabeth my daughter two hundred pounds to be paid unto her out of the first rents and profits which shall be raised out of the Manor of Ellford after my decease, but my will and meaning is that if it shall happen that my said daughter Elizabeth or any other my daughters shall be paid her said portion of two hundred pounds or any part thereof or any of them their portions or any part thereof which shall be given and bequeathed them by this my will and testament whereof an acquittance shall be had under either of their hands at any time before my decease, that then every such acquittance shall be deemed adjudged and taken as a sufficient discharge to my executors for every such sum and sums of money as shall be therein contained being either part or all their legacies given by this my last will and testament. ITEM; I will and bequeath unto Mary FOXE my daughter one hundred pounds. ITEM; I will and bequeath unto Constance my daughter one hundred pounds. ITEM; I will and bequeath unto Hester my daughter one hundred pounds. ITEM; I will and bequeath unto Charles my son one hundred pounds, and my will and meaning is that the portions of those four last mentioned, namely, Mary, Charles, Constance and Hester should be paid out of the rents and profits of Ellford reserved upon the lease made to Hercules my son and Andrew Lydall aforesaid, always paying the eldest child first as the profits shall arise. ITEM; I will and (bequeath) to my executors ten pounds apiece for their pains in executing this my last will and testament. ITEM; my will and meaning is that if it shall happen that any more or greater sum of money shall come into the hands of my executors out of the sum of one thousand and one hundred pounds (being the money which will arise out of Ellford within the term of eleven years for rent as aforesaid) then (they) shall discharge the said legacies and portions before in this my last will and testament willed and bequeathed. Or if it shall happen that any of my said children shall die before his or her portion shall be paid that then my said executrors shall (at the end of the said term of eleven years when the said lease made to Hercules my son and Andrew Lydall my son in law is to determine as aforesaid , divide as well the overplus of the said sum of one thousand one hundred pounds coming to their hands and undisbursed as aforesaid as also his or her portion so deceasing before payment made thereof as aforesaid into two equal parts or moieties, the one moiety whereof I will and bequeath to and amongst Elizabeth Hastings, Katherine Johnson, Jane Lydall, Mary Fox, Ann Hastings, Constance Hastings and Hester Hastings my daughters by even and equal portions or to and amongst so many of them as shall then be living, and the other moiety I will and bequeath to and amongst Susan JOHNSON, John LYDALL, Symon LYDALL, Barbara FOXE and Elizabeth FOXE, my grandchildren or to and amongst so many of them as shall then be living by even and equal portions, provided always, and my will and meaning is, that if it shall happen that so much of profits arising out of Ellford shall be by me expended in my lifetime, as that the remainder to be raised after my decease shall not and will not be sufficient to satisfy the legacies willed and bequeathed by this my last will and testament as aforesaid, then my said executors shall only pay the legacy of 200 pounds to Elizabeth my daughter, and deduct out of the rest of the profits which shall arise out of Ellford as aforesaid the several legacies of ten pounds apiece given and bequeathed them for their pains in the execution of this my last will and testament, and all such sum and sums of money which they or either of them shall expense in law suits in any controversy which may hereafter arise touching the execution of this my last will and testament, or in any other business touching the same, which I always intend should be satisfied unto my executors. And the remainder which then shall remain out of all the profits and rents to be raised out of Ellford within the residue of the term of eleven years which shall be unexpired after my decease I will to and amongst Mary Fox, Charles Hastings, Constance Hastings and Hester Hastings or to and amongst so many of them as shall be then living by even and equal portions the eldest being first paid as the profits shall arise. ITEM; I do by this my last will and testament ratify and confirm two several deeds of gift made by me to Charles Hastings my son of the next advowsons of the several rectories or parsonage of Dailsford and Ellford. ITEM; I will and bequeath all other my goods and chattels, jewels, plate and household stuff by this my last will and testament unto Susanna my wife and I do make and ordain George Hastings the Elder and Hercules and George Hastings the Younger my sons executors of this my last will and testament, and desire my loving friends Thomas Chamerlaine Esquire and Mr (blank) (Ess…) gent to see this my last will and testament performed and I entreat each of them to accept of a ring of gold of the price of 26 shillings and 8 pence which I will and bequeath unto them for a remembrance. And I do utterly disclaim from, revoke and make void all other my former will and wills whatsoever and do publish and ordain this to be my last will and testament. In witness whereof I have set to my hand and seal the day and year first written – by me Symon Hastings -sealed and subscribed in the presence of (the mark of) Thomas Colliter, (the mark of) Thomas Walter
Proved 10th March 1627 (1628)