The Last Will and Testament of Thomas of Newborow (died 8 April 1676)

In the name of God Amen.
This the six and twentieth day of September Anno
Dm. one thousant sixhundred and seaventy four / In
the twenty sixth year 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. I Thomas Elvey of
Tong in the county of Kent yeoman being weake
of body by reason of old age but sound and perfect
memory, praised be God, therefore doe make and
ordain this my last will and testament in
manner and fonne following. First I most
humbly recommend my soule into the hands of the
most blessed and sacred Trinity three persons
and one God assuring inyselfe of salvation by
and through the merits death and passion of
Jesus Christ my only saviour and redeemer
And my body I leave to dust to be decently
buried in the parish church yard of Linstead
in the county of Kent aforesaid as neare to
the body of Mary my late wife there interred
as conveniently may be. And as touching my
earthly goods and personal Estate which it
hath pleased God to blesse me with I dispose
of the same in manner following. Impris/
I give and bequeath to my son in law
William Allen of Kingsdowne in the aforesaid
county of Kent husbandman the sume of
one shilling of lawfull money of England.
Item / I give and bequeath unto my sorme
in law Henry Bateman of Rodniersham
in the said county yeoman and to my daughter
Mary his now wife to whome I have already given
a sound and able portion the sume of one shilling.
Item /1 give and bequeath unto my daughter
Elizabeth Wanstall the now wife of John Wanstall
one shilling of the lawfull money of England
over and above her part and already paid with
said four last legacies. My will is it shall be paid
by my Executor hereafter named within six
months next after my decease. Item / I give to my
sonne Edmund Elvey the sum of one shilling
of like lawfull money of England to be paid him
within half a year next after my decease. All
the rest and residue of my goods, chattels, ready
money debts and personal estate whatsoever, any
debts Legaties and funerall expences being first paid.
I give and bequeath to my youngest son
Thomas Elvey whom I doe hereby make constitute
and appoint the sole Excecutor of this my last
will and testament. This is the last will
and testament of the above named
Thomas Elvey made the day and year above said
touching and concerning the disposing of all
and every my niessuages, lands and tenements
whatsoever. First I will give and bequeath
unto my aforesaid sonne Edmund Elvey and to his
heires and assignes for ever all that my messuage
or tenement commenly called or known by the name
of Cignetts Toy that with the bame stable
Smiths Fordge outhouses, all Buildings,
yards, closes, garden, orchard and three pieces
of land containing in the whole by estimation
twenty acres more or less with all and singler
the Appurtenances whatso and thereunto belonging
whith said three peeces of land are called or
knowne by the name of Binfield Greenway
and Jogs Dane situated lyening in
the parish of Throwley in the aforesaid
County of Kent and now in the sewall tenure
of William Burton William Clarke or Thomas
Kempe or some of them or their assignes
To Have and Hold the said messuages
lands and premices with the appurtenances unto my
said sonne Edmund and his heires and assignes
forever. Item. / I give and bequeath unto my
afore said son Thomas Elvey and to the
heires of his body lawfully begotten for ever
All that my barne called or known by the
name of Netherhouse Barne with the close
thereunto belonging and seaven pieces or
parcills of land called or known by the
several names of Reeds Hickfield Roade
Turners Garden Skinners Gibbs
Wherton Croft and the landway
containing in the whole by Estimation seaventene
Acres more or less with the appurtenances thereunto
belonging situated lyeing and being in Trowley
aforesaid and now in the sewall tenure or
actual of William Burton William Clark
and Thomas Kempe or some or one of them
or their assigners whith said barne and fine
of the said pieces of land. / I lately purchased
of my brother Edmund Elvey To Have
And To Hold the said barne close and seaven
pices of land last mentioned with the appurtenances
unto my said sonne Thomas Elvey and the heires
of his body lawfully begotten for ever and
for want of such issue after the death of
my said sonne Thomas. My will is that my
sonne Edmund Elvey shall have the said
barne and seaven pieces of land, before
bequeathed to my said sonne Thomas Elvey,
to himselfe and his heires and assigned forever.
Item. / I give and bequeath to my grandchild
John Allen the sonne of above named
William Allen by my daughter Anne his
late wife deceased and to the heires of the
body of my said Grandchild John Allen
lawfully to be begotten for ever All that
my piece or parcill of land called by the name
of Waterditch and one of her piece of land
called by the name of Foper Croft containing
both by estimation six acres more or lesse
with the appurtenances in Throwley aforesaid
now in the tenure of William Burton or his
assigners To Have And To Hold to the
said John Allen my Grandchild and his heires or assigner
forever of his body lawfully begotten and
for want of such heires and after the decease
of the said John Allen my Grandchild I
doe give and bequeath my said two parcills
of land called Waterditch and Foper Croft
with the appurtenances unto two of her
Grandchildren Edmund Allen and Elizabeth
Allen and unto their heires for ever equally to
be devided between them, Provided
neverthelesse and my mind and will is
that my sonne Edmond aforesaid or his
assigners shall receive the rents and profits
of the said two last pieces of land called
Waterditch and Fopes Croft untill the
said John Allen shall arrive to the age
of five and twenty years. And
to testify that this is the last will and testament
of me the said Thomas Elvey the testator.
I have to the first sheet set my name
and to the second sheet thereof my name and
seale And doe hereby will and make void
all former wills and bequeaths heretofore at
any time by me made dated the day and
year first above written In this my last
will and testament And be it knowne unto
all men that whereas I Thomas Elvey have
made and declared this my last will and
testament bearing date as above in my will
My further will is that the parcill
of land called Joggs Dane which I have
bequeathed to my sonne Edmund shall be
equally devided between my two sonnes
Edmund and Thomas And if my sonne Edmund
shall give to my sonne Thomas twenty
pounds for his share then it shall be to him
and his heirs forever or if he said Thomas
upon his brothers refusall shall give twenty
pounds then it shall be to him and his heires
Thomas Elvey signed sealed published
and declared to be the last will and testament
of the said Thomas Elvey in the presence of
John Collins Junior and William Stover.