In the name of God Amen; I WILLIAM WAKE of Salcey als. Sawcey Lodge in the county of Northton Esquire being in perfect estate both of mind and body thanks be given unto God for the same do make this my last will and testament that whensoever the time of my dissolution shall approach I may have my thoughts wholly intent and busied in contemplation of that eternal kingdom promised by God the Father purchased by God the Son and assured by God the Holy Ghost to all true believers of which kingdom I hope to be made partaker by the alone merits and mediation of my only Saviour Jesus Christ; and last I bequeath my soul unto God that gave it and my body to be buried in the parish church where I shall die in the evening without any pomp or outward ceremony; and as for distribution of my worldly estate I bequeath the same in manner following and first I give to the poor of Harkston and Piddington to the poor of each of them the sum of five marks to be distributed by my nephew Sir JOHN WAKE and the overseers of the poor there for the time being according as they shall think fit. ITEM; I give to the poor of Cortenhall the sum of five pounds to be distributed amongst them by my nephew RICHARD OUSLEY Esquire and the overseers of the poor there for the time being according to their discretion. ITEM; I give unto my nephew Sir Isaac Wake his executors and assigns; all the remainder of my lease for years which I bought of Widow Woode of certain lands in Piddington aforesaid and all the residue of my lease of certain tithes and other things in Piddington and Hackleton aforesaid which I bought of Sir Robert Hartwell knight in the name of my servant Richard Mackyn in trust for me. ITEM; I give and bequeath unto the said Sir John Wake and his heirs the several rents which I bought of Mr Crowe and which are issuing out of certain houses in the town of Northampton in the said county of Northampton. ITEM; I give unto my nephew ROBERT OUSLEY son of my niece SYBILL OUSLEY during his life the yearly rent charge of four pounds of lawful money of England and unto my niece ALLEN during her life the yearly rent charge of forty shillings; and unto my brother ROBERT WAKE during his life the yearly rent charge of four pounds the said several rents to be severally paid quarterly at the feast of St Michael the Archangel, St Thomas the Apostle, the Annunciation of the Blessed Lady the Virgin Mary and St John the Baptist by equal portions the first payment to begin at such of the said feasts as shall next happen after my death and to be issuing and going out of my lease of Box Close in Hartwell in the said county of the same shall so long continue with several clauses of interest in the close for not payment of the said several rents at the several times limited for payment thereof. ITEM; I give unto GEORGE WAKE brother of Sir John Wake the sum of fifty pounds to buy him books and unto BALDWIN WAKE one other of the brothers of the said Sir John Wake the sum of fifty pounds. ITEM; I give unto the Lady [Haselringe] of [Harston] in the said county widow and to Marie her daughter and to the Lady WAKE wife of Sir John Wake and unto MARIE the daughter of my said niece Sybell Ousley and unto my niece ABIGAIL WAKE sister unto the said Sir John Wake and unto my niece ELIZABETH WAKE one other of the sisters of the said Sir John Wake to every of them the sum of ten pounds. ITEM; I give unto my niece the Lady Ousley the watch which she has of mine. ITEM; I give unto my nephew ROBERT OUSLEY the elder during his life one yearly rent charge of five marks to be issuing out of all my lands in Preston in the said county and to be paid quarterly as aforesaid and to begin as the other rents are herein limited to begin and with clause of distress for not payment of the same in the lands out of which it is issuing. ITEM; I give unto my servant Richard Mackyn the sum of fifty pounds. ITEM; I do release unto the said Sir John Wake all debts owing by him unto myself and which were originally the debts of his father and grandfather or either of them. ITEM; I do give unto my nephew RICHARD OUSLEY Esquire his children now living (except Richard) the sum of fifty pounds to be equally divided amongst them and unto Richard son of the said Richard Ousley being my godson I give the sum of fifty pounds and unto my niece MARIE OUSLEY wife of the said Richard Ousley I give five marks and my [ ] ring. ITEM; I give unto my kinsman JOHN WHISTON the sum of [six] pounds and unto my niece LONGNEY the sum of five pounds. ITEM; I give unto my niece MARTHA HERNE the sum of twenty pounds to be paid her at the age of one and twenty years or day of marriage which of those times shall first happen. ITEM; I give unto every of the children of the said John Whitton forty shillings apiece. ITEM; I give unto my nephew ABRAHAM WAKE the sum of twenty pounds and to Mr KING my kinsman five pounds and unto William Smith servant unto Robert Tanfeild Esquire five marks and to John Marriott of Piddington and his wife to each of them twenty shillings and to Francis Fysher of Northton and his wife twenty shillings apiece and to the two cobrethren of St John’s Hospital in Northampton twenty shillings apiece and to each of the poor of the same hospital five shillings. ITEM; I give unto John Mackyn of [Ryde] the sum of forty shillings. ITEM; I do give unto my executors or administrators all my lands tenements and hereditaments in Preston near Piddington in the said county of Northton for and during the term of one and twenty years from the time of my death in trust for and towards the payment of the particular legacies given by this my will and after the payment of the same to be disposed in such sort as I do hereby limit the surplusage of my estate provided nevertheless that from and after the beginning of all the several rent charges of twenty marks apiece heretofore assured by me unto the six children of the said Sir John Wake or of so many of them as may have a beginning or from and after the deaths of all the said six children unmarried before their several ages of eighteen years which of those times shall first happen the said term of twenty and one years shall cease determine and be void provided further and my meaning is that if from henceforth in my life time I shall give and pay any sum or sums of money to any person or persons to whom I have hereby given any legacy that such sum or sums of money shall be accounted part of every of his or her legacy to whom such gift and payment shall be and then so much of his or her legacy shall be abated as the money so given and paid shall amount unto and if the same shall amount unto the whole legacy then such legacy shall be void. Provided further and my will is that all and every person and persons that shall be trusted with the employment of any moneys shall deduct out of my personal estate all several sum or sums of money which he or they or any of them shall expend in or about the execution of such trust and that he they or any of them shall not be liable to any cost that shall happen in or about the execution of the said trust except there shall be a wilful neglect therein but every such cost shall be equally borne by the parties whose monies are desired should be employed for the benefit and whose monies shall not be at the time of such cost due and payable. ITEM; I will give and bequeath all the rest residue and surplusage of all my goods chattels as well real or personal debts credits and of all other my personal estate to my executors to sell and dispose of as they shall think fit and case any benefit be made thereof I give unto all and every the children of the said Sir John Wake to be equally divided between them and to be severally and respectively paid unto them at their several ages of eighteen years or days of marriage which of those times shall first happen and if any of them shall die before such time as he or their legacy shall be due as aforesaid then the legacy and legacies of every one so dying shall go and be paid unto the said Sir John Wake. I desire if my executors think it convenient that the moneys raised by the disposition of the surplusage of my estate and out of the surplusage of the profits of my lands in Preston during the said term of one and twenty years be employed for benefit but the manner of the employment thereof or the measure of the profits I leave wholly to the discretion of my executors; and of this my last will and testament I nominate make and appoint my nephew Richard Ousley Esquire and my loving friends Robert Tarfield Esquire and Francis Cooke of Kingsthorpe gentlemen my sole executors and if any controversy doubt or question shall arise concerning anything in this my will I do appoint the same to be heard decided and determined by the said Robert Tanfield who best knows my intentions therein and whosoever shall refuse to submit to his determination or shall not abide the same shall have no benefit by this my will. And to such of the said Robert Tanfield and Francis Cooke as shall take upon them the execution of this my will I give ten pounds apiece for their pains therein; and un to my nephew Richard Ousley if he shall take upon him the execution of this my will the sum of fifty pounds; and I do hereby further will and appoint that my executors shall have the custody of all my deeds and evidences concerning my lands in Preston during the continuance of the said term of one and twenty years and that my executors after the expiration or other determination of the said term shall deliver the said deeds and evidences unto such person or persons in whom the freehold of the same lands shall then be; and in witness that this is my last will I have to every page thereof being five in number subscribed my name and unto the label fixed to the top thereof I have put my seal the first day of June in the year of our Lord one thousand six hundred thirty seven – W. Wake – published in the presence of Robert Bell, Anthony Catesbie, Ric. Midlemore
Proved 10th February 1645/6 by Richard Ousley
Comments or questions are welcome.