1607 Katherine Smith

11-0111-573_KatherineSmith_1607

In the name of God Amen the eight and twentieth day of August AD 1701 and in the three and fortieth year of the reign of our Sovereign Lady Queen Elizabeth by the grace of God Queen of England France and Ireland defender of the faith etc., I KATHEREN SMITH of London widow being in health of body and perfect remembrance laud and praise be therefore given to Almighty God do make and ordain this my present last will and testament in manner and form following (that is to say) first and principally I give and commend my soul into the hands of Almighty God my Creator and Maker trusting and most assuredly believing in his mercy that through the death and passion of his son my Saviour and Redeemer Jesus Christ I have and shall have full remission and forgiveness of all my sins and after this transitory life ended life and joy everlasting in the kingdom of heaven which never shall bear end Amen.  ITEM; I will my body to the earth to be buried in the Parish Church of Saint Bennet near unto Baynards Castle in London where I am a parishioner as nigh the place where my late husband lies buried as conveniently may be; and as touching the disposing of all and singular my worldly goods I will and devise in form following; first whereas my daughter JANE STYLE widow has remaining in her hands one hundred pounds in money which I did heretofore lend and deliver unto WILLIAM STYLE her late husband deceased and for which the said William Style became bound unto me by an obligation heretofore made in the sum of one hundred and fifty pounds of lawful money of England with condition for the payment of one hundred pounds of like money unto me or my assigns at a certain day now past as by the same obligation and condition more at large appears; now for as much as my will and intent is that my said daughter if she pleases shall or may have the use and occupation of the said  one hundred pounds (gratis) after my decease during her life upon such condition as is hereafter in that behalf expressed.  My mind and will is that my executor hereafter named shall within six months after my decease deliver unto my said daughter Jane if she be then living the said obligation to be cancelled or else a sufficient acquittance for the discharge thereof; so always and upon this condition and to this intent that my daughter and such husband as she shall espouse or marry shall and do at and upon the delivery of the said obligation aforesaid make seal and deliver as their absolute acts and deeds in due form of law before sufficient known witnesses one obligation in due form of law to be made and tendered unto them by my executor wherein they shall become bound unto my executor hereunder named or his assigns in the sum of one hundred and fifty pounds of lawful money of England with condition to be thereupon made or indorsed for the true payment of one hundred pounds of like money to my said executor hereunder named his executors or assigns at my now dwelling house in the parish of St Bennet aforesaid at the end of six months next after the decease of my said daughter Jane without fraud or [covyn].  ITEM; I will that my executor hereafter named shall within the space of six months after my decease deliver and pay unto my son in law ROBERT CHAMBERLEYNE and to my daughter ANNE his wife or either of them to the use of the children of my said daughter Anne which shall be living at the time of my decease the sum of one hundred pounds of lawful money of England; so always and upon this condition and to this intent that my said son in law Robert Chamberleyne his executors or administrators shall and do upon the payment to them make seal and deliver as his or their absolute act and deed in the law before sufficient known witnesses one obligation in due form of law to be made and tendered unto him by my executor wherein he or they shall become bound unto my executor hereunder named or his assigns in the sum of one hundred and fifty pounds of lawful money of England with condition to be thereupon made or indorsed for the true payment of one hundred pounds of like money in lieu of the said one hundred pounds so to be delivered by my executor to the said Roberte Chamberleyne and Anne or either of them as aforesaid unto and amongst the children of my said daughter Anne Chamberleyne which shall be living at the time of my decease at the accomplishment of their several ages of one and twenty years or marriages which shall first happen and upon request in that behalf to be made by such even portions as the same shall then appear to be equally divided and charged between them; and that if any of the said children shall happen to die before the said time limited or appointed for the payment of their said parts and portions of the said one hundred pounds as aforesaid then for the payment of that part or portion and so much of the said one hundred pounds which by the true intent and meaning of the division thereof aforesaid ought to be appointed belong or appertain to him her or them which shall so happen to die or decease unto and among the other of them that shall happen to survive rateably and proportionately (that is to say) unto such of the said children as at the time of such the decease of any of them as aforesaid shall be living and shall be married or shall have accomplished the said age of one and twenty years aforesaid within the space of three months then next ensuing after such the decease of any of them as aforesaid and after request in that behalf made; and unto the other of the said children which at the time of such the decease of any of them as aforesaid shall be living not married nor having accomplished the said age of one and twenty years at the accomplishment of the said age of one and twenty years or marriage which shall first happen and upon request in that behalf to be made; and from time to time as often as any of the said children shall happen to die or decease in the lifetime of any of the other of them before the said sum of one hundred pounds shall be fully paid and distributed amongst them in manner and form aforesaid; provided always and my mind and will is that if the said Robert Chamberleyne his executors and administrators shall refuse to make and seal such an obligation as is aforesaid and that the said one hundred pounds above mentioned shall not be paid nor delivered unto him nor to my said daughter Anne to the use of her children according to the true meaning of my will then I give and bequeath the same sum of one hundred pounds to the children of my said daughter Anne which shall be living at the time of my decease and to the survivors or survivor of them equally to be parted shared and divided between them part and portion like thereof; and to be paid unto them in like manner and form as is before mentioned limited appointed or declared.  And whereas there is remaining in the hands of my son in law JOHN BATE one hundred pounds which I did heretofore lend him and for which he stands bound unto me by one obligation heretofore made in the sum of one hundred and fifty pounds of lawful money of England with condition for the payment of one hundred pounds of like money unto me or my assigns at a day now past as by the same obligation may appear; now my mind and will is that my executor shall within six months after my decease deliver unto the said John Bate his executors administrators or assigns the said obligation to be cancelled or else a sufficient acquitance for the discharge threreof so always and upon this condition and to this intent that the said John Bate his executors and administrators shall and do at and upon the delivery of the said obligation aforesaid make sealand deliver to my executor or his assigns as his and their absolute acts and deeds in due form of law before sufficient known witnesses one obligation in due form of law to be made and tendered unto him or them by my executor or his assigns wherein he shall become bound with my executor or his assigns in the sum of one hundred and fifty pounds of lawful money of England with condition to be thereupon made or indorsed for the true payment of one hundred pounds of like money in lieu of the one hundred pounds so by me lent unto the said John Bate as aforesaid unto and among the children of the said John Bate and of my daughter MARGARET his wife which shall be living at the time of my decease at such like times and ages and in such like sort and form agreeable to the true intent and meaning of the condition of the said obligation wherein the said Robert Chamberleyne his executors or administrators should or ought to stand or become bound to my executor as is before mentioned according to the true meaning of this my will provided always and nevertheless my mind and will is that if the said John Bate his executors and administrators shall refuse to make seal and deliver such an obligation as is aforesaid and that the obligation wherein the said John Bate stands bound unto me as aforesaid shall not be delivered unto him or his executors or assigns to be cancelled nor shall be discharged by my executor according to the true meaning of my will then I will and bequeath that my executors shall distribute satisfy and pay all such benefit sum of money and other commodity which he shall obtain and get by force and virtue of the said obligation wherein the said John Bate stands bound as aforesaid unto and amongst the children of my daughter Margaret Bate and the survivor and survivors of them rateable and proportionately as the same shall be got and at such times and in such sort and form as the said one hundred pounds last above mentioned ought to be divided or shared between them according to the true meaning of this my will; and whereas also there is remaining in the hands of my son in law THOMAS PARADYNE one hundred pounds which I did heretofore lend him and for which he stands bound unto me by one obligation heretofore made in the sum of one hundred pounds of lawful money of England to be paid unto me or my assigns at a day now past as by the same obligation may appear;  now my will and mind is that my executor shall within six months after my decease deliver unto the said Thomas his executors or administrators the same obligation to be cancelled or else a sufficient acquittal for the discharge thereof; so always and upon this condition and to this intent that the said Thomas Paradyne his executors and administrators shall and do at and upon the delivery of the said obligation aforesaid make seal and deliver unto my executor hereunder named or his assigns as his and their absolute act and deed in due form of law one other obligation in due form of law to be made and tendered unto him or them by my executor or his assigns wherein he or they shall become bound to my executor or his assigns in the sum of one hundred and fifty pounds of lawful money of England which condition to be thereupon made or indorsed for the true payment of one hundred pounds of like money in lieu of the said one hundred pounds so by me lent unto the said Thomas Paradyne as aforesaid unto and amongst the children of the said Thomas and of my daughter MARY his wife which shall be living at the time of my decease at such like times and ages and in such like sort and form agreeable to the true intent and meaning of the condition of the said obligation wherein the said Robert Chamerleyne his executors or administrators should or ought to become bound to my executor as is before mentioned according to the true meaning of this my will provided always and nevertheless my mind and will is that if the said Thomas Paradyne his executirs and administrators shall refuse to make seal and deliver such an obligation as is aforesaid and that the obligation wherein the said Thomas Paradyne stands bound unto me as is aforesaid shall not be delivered unto him his executors or assigns to be cancelled nor shall be discharged by my executor according to the true meaning of my will; then I will and bequeath that my executor shall distribute satisfy and pay all such benefit sum of money and other commodity which he shall obtain and get by force and virtue of the said obligation wherein the said Thomas Paradyne stands bound as aforesaid unto and amongst the children of my said daughter Mary Paradyne and the survivors and survivor of them rateably and proportionately as the same shall be gotten and at such times and in such sort and form as the sum of one hundred pounds last above mentioned ought to be divided or shared between them according to the true meaning of this my will; and whereas also there is remaining in the hands of my son in law HENRY BATE one hundred pounds more which I lent him and for which he stands bound to me by one obligation heretofore made in the sum of one hundred and fifty pounds of lawful money of England with condition for the payment of one hundred and five pounds of like money unto me or my assigns at a day also now past as by the same obligation also may appear; now my will and mind is that my executor shall within six months after my decease deliver unto the said Henry Bate his executors or administrators the same obligation to be cancelled or else a sufficient acquittal for the discharge thereof so always and upon this condition and to this intent that the said Henry Bate his executors or administrators shall and do at or upon the delivery of the said obligation aforesaid make seal and deliver unto my executor hereunder named or his assigns as his or their absolute act and deed in due form of law one other obligation in due form of law to be made and tendered unto him or them by my executor or his assigns wherein he or they shall become bound unto my executor or his assigns in the sum of one hundred and fifty pounds of lawful money of England with condition to be thereupon made or indorsed for the true payment of one hundred pounds in like money in lieu of the said one hundred pounds so by me lent to the said Henry Bate as aforesaid unto and amongst the children of the said Henry Bate and of my daughter EDITH his wife which shall be living at the time of my decease at such like times and ages and in such like sort and form agreeable to the true intent and meaning of the condition of the said obligation wherein the said Robert Chamberleyne his executors or administrators should or ought to become bound to my executor as is before mentioned according to the true meaning of this my will provided always and nevertheless my mind and will is that if the said Henry Bate his executors or administrators shall refuse to make seal and deliver such an obligation as is aforesaid and that the obligation wherein he stands bound unto me as aforesaid shall not be delivered unto him his executor or assigns to be cancelled nor shall be discharged by my executor according to the true meaning of my will then I will and bequeath that my executor shall distribute satisfy and pay all such benefit sum of money and other commodities which he shall obtain and get by force and virtue of the said obligation wherein the said Henry Bate stands bound as aforesaid unto and amongst the children of my said daughter Edith and the survivors and survivor of them rateably and proportionately as the same shall be got and at such times and in such sort and form as the said one hundred pounds last above mentioned ought to be divided or shared between them according to the true meaning of this my will; And forasmuch as I have lately given to my daughter STANLACKE one hundred pounds for her preferment and advancement in marriage with ANTHONY STANLACKE her husband over and above her child’s part and legatory portion due unto her by the custom of London or by the testament and last will of my late husband DAVID SMITH therefore I do only give and bequeath to my said daughter Stanlacke one goblet of silver gilt marked with an ‘L’.  ITEM; I give and bequeath unto my said daughter Jane Style one other goblet of silver parcel gilt marked with an ‘I’.  To my daughter Margaret Bate one other goblet of silver parcel gilt marked with an ‘MB’. To my daughter Anne Chamberleyne one other goblet of silver gilt marked with an ‘A’.  To my daughter Mary Paradyne one other goblet of silver gilt marked with an ‘M’ and to my daughter Edith Bate one salt with the cover of silver gilt marked with ‘HB’ in the bottom all which plate I will shall be delivered unto my said daughters within three months after my decease.  ITEM; I give and bequeath unto my brother JOHN HAWTHORNE yearly during his natural life five pounds; to my sister Joane Harrison yearly during her natural life other five pounds the same yearly sums to be paid at four usual and accustomed feast days in the City of London quarterly by even portions after my decease.  ITEM; I give and bequeath to my friend Mr John Parr one gold ring with a fish engraved therein and this poesy “Remember thy Friend” and to his wife forty shillings to be bestowed upon a ring to be worn for the remembrance of me.  ITEM; I give and bequeath to the governors of Christ’s Hospital in London towards the relief of the poor fatherless children harboured in the same hospital twenty pounds in money.  ITEM; I give to my son WILLIAM SMITH and his heirs and assigns forever all my lands tenements and hereditaments whatsoever; the rest and residue of all and singular my goods chattels leases and debts whatsoever (after my debts paid and my funerals discharged which I will shall be done in seemly a good sort at the discretion of my executor and my legacies performed) I wholly give and bequeath unto my said son William Smith whom I do ordain and make the full and sole executor of this my last will and testament; and I do ordain nominate and appoint my sons Robert Chamberleyne iremonger, Anthonye Stanlacke mercer and Thomas Paradyne haberdasher and my friend James Feake to be the overseers of this my will praying them and every of them to be aiding and assisting to my executor in the due execution hereof as my trust is they will; and I give to every of them for their pains therein to be taken three pounds apiece to be bestowed in a ring to wear in remembrance of me; and I utterly revoke as void and of none effect all former wills and testaments whatsoever by me heretofore made willing and ordaining these presents to stand and to be [repeated] for my very last will and testament.  In witness whereof to this my present last will and testament I the said Katheren Smith have set my hand and seal upon the day and year first above written.  The mark of the said Katheren Smith [  ] that this will containing thirteen sheets of paper and this piece of a sheet were all the day and year above said read unto the said Katheren Smith and by her signed sealed published and declared to be her last will and testament in the presence of me John Hall notary public me William Olyver servant to the said notary and me Stephen Wood apprentice to the same notary

 

Proved 8th February 1607 by William Smith (son and executor)

 

 

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