Original Transcription below - Link to Modern English version
Transcribed by Michael Russell OPC Dorchester - November 2010|
Note:- To aid researchers with identification I have retained the line structure of the original document and indicated by a break the start and end of each page. Words that I am unsure of I have highlighted in red.
In the Name of God Amen: The Twentieth Day of March in the yeare of our Lord Christ One - Thousand Six hundreds and Sixty And in the Thirteenth year of The Raigne of our Soveraigne Llord Charles the second by the grace of God of - England Scotland ffrance and Ireland King Defender of the ffaith. I RICHARD BURY of London Esquire being sickly in body but of good and perfect mind and memory, the Lord have the prayse, I ffor the discharging of my duty doe make and declare this my Last Will and Testament in manner and forme as ffollowinge that is to say that I commend and yeeld my soule into the hands of God my ffaithful and now Redeemer and Saviour And my Body I commit to the earth from whence it is to be decently buried at the discretion of my executrix hereafter named willing the same to be with as time there is as conveniently may be And as for that worldly Estate with which God of his goodness hath blessed me -------------------------------------------------------------------------------------------------------end of 1st page I give devise and bequeath the same as followeth (Vizt:) I give and bequeath un to my overseers here after named the summe of one hundred pounds in money in trust and confidence and to the intent that they shall pay bestow and dispose of the same to and for such charitable uses as they in their discretion shall think fitt the which in thankfullnes to God for his mercies unto mee and in honour to his name I do return to him Item I give and bequeath to the Maior Baylifs and Aldermen of the Burrrough of Weymouth and Melcombe Regis (the place of my Birth and duration for some yeares) and to their successors All that my Messuage or Tenement with all and singular Lands hereditaments and appurtenances what- soever there unto belonging And the reverton and revertons remainder and remanders thereof situate in Bockhampton neere Dorchester in the County of Dorsett now or late in the possession of Mr John CHURCHILL Clerke now or late Minister of Steeple in the Isle of Purbecke for his life and the lives of his two daughters Mary and Elizabeth CHURCHILL to be and remaine in the sayd Maior Bayliffes and Aldermen and their successors for ever upon trust and confidence in them reposed to be by them managed and disposed of imediatly after the sayd lives shall expire. To the uses intents and purposes hereafter mentoned (that is to say) to the intent and purpose That out of the Rents issues and proffitts of the prmisses the sayd Maior Bayliffes and Aldermen and their successors shall yearly and every yeare for ever pay or cause to be payd imployed and bestowed the some of Twenty Pounds of lawfull money of England for and towards the breeding and education of two schollars sonnes of Godly parents that shall be towardly and hopefull and that shall be taught in the free school of Dorchester and from there be sent to either of the Universityes of Oxford or Cambridge and there continue untill they shall have other prferments conferred on them there or for soe long time as the sayd Maior Bayliffes and Aldermen and their successores shall thinke fitt And afterwards the sayd Twenty Pounds painnd to be bestowed in like manner for towards the breedinge and education of two such other schollars to be qualified as are before mentoned which shall be of the Townes of Weymouth and Melcombe Regis or if there shall be none such their then out of the Burrough of Dorchester And if theri shall be none such theire then out of any other Towne or place within the sayd County of Dorsett at the eldnow? of the sayd Maior Bayliffes and Aldermen aforesayd and their successors And my Will is that the sayd Twenty Pounds paid shall be imployed to noe other use then towards the beeding of such children in learning for the use and service of the church of God And upon this further trust and confidence that the sayd Maior Bayliffes and Aldermen and their successors shall pay and dispose of the residue of the Rents issue and profitts of the prmissed yearly and every yeare for ever unto ffine handicraftsmen such as shall ffeare God and be industrious in their callings and of good report in the church of God un to each Forty Shillings And for want of such handicraftsmen Then I will and appoynt the residue of the sayd Rents issues and profitts to be payd unto seafaring men that shall be soe qualified and in such proportions as the devise is limited to handicraftsmen Item: I give devise and bequeath unto the Maior Bayliffes Aldermen and Capital Burgesses of the said Burro- ugh of Dorchester and unto their successors All that my Messuage or Tenemt with all and Singular Lands hereditaments and appurtenances whatsoever thereunto belonging And the Reverton and Revertons Remainder and- Remainders thereof situate in Bockhampton aforesayd now of late in the- contne possession or occupaton of William COX for his life and for the lives of Katherine PERHAM and of Thomas COX To be and remaine in the sayd Maior Bailiffes Aldermen and Captial Burgesses and their succesors -------------------------------------------------------------------------------------------------------end of 2nd page for ever upon trust and confidence in them reposed to be by them managed and disposed of imediately after the sayd lives shall expire To and for the uses intents and purposes here after mentoned (that is to say) To the intent and purpose that out of the Rents issues and profitts of the last mentoned Tenement the sayd Maior Bay- liffes Aldermen and Capital Burgesses and their successors shall yearly and every yeare for ever pay or cause to be paid imployed and bestowed Ten Pounds of law full money of England paid for and towards the breeding and education of one scholler the sonne of Godly parents living in or near Dorchester that shall be towardly to be taught at the Free School in Dorchester and afterwards at either of the Universities of Oxford or Cambridge untill he shall have other preferments bestowed on such schollar at one of the sayd Universities or for so long tyme As the said maior, Bayliffs Addermen and Capital Burgesses shall thinke meet And soe from time to time after the prferment or removall of such schollar the sayd Tenne Pounds p Annu to be disposed of and imployed for the education of another schollar soe qualified as aforesayd either living within the sayd Burrough of Dorchester if any such there bee or in default of such then out of any other Towne within the sayd County of Dorset And my will is that this sayd Tenn pounds p ann and last mentoned shall not be imployed to or for any other use but to breed up such schollar successively for ever in learning for the use and service of the Church of God And upon this further trust and confidence that the said Maior Bayliffes Aldermen and Capital Burgesses of Dorchester and their successors shall out of the Rents issues and profitts of the last mentoned Tenement yearly and every yeare for ever pay and dispose of the some of Eight pounds p Ann to and for the use of the Hospital in Dorchester to breed up or poore children in learning and labour thereas now is used And upon this further trust that the residue of the same Rents shall be expended and layed out yearly in the buying of garments to cloath two poore Widdowes who shall be godly and shall dwell in either of the parishes of the sayd Burrough that shall have most need of relief Item: I give and bequeath unto my servant Martha BAKER who hath lived with mee many yeares and spent her strength in the service of mee and my children whensoever she shall goe from my wife to live privately either ffive pounds p ann during the terme of her naturall life to be payd her quarterly by equall portons At the fower usual quarter dayes of the yeare or else the sume of fforty pounds in money to be payd her at the time of her depar: ture from my wife at the eletton and choice of the said Martha BAKER. Item: I give and bequeath unto the poor people that are members of the Congregated Church of Christ that is in Weymouth and Melcombe ffourty shillings and to the poor Christians that are members of the particular Congregated churches of Christ in Dorchester Three Pounds And unto the poore of that church of Christ in London whereof I am a member Three Pounds which last mentoned legacies I will shall be payd to and distributed by the deacons or other officers of the sayd severall churches amongst the poore there att their discretion And I doe hereby declare that I intend not by the poore of the Churches of Christ the generality of the poor people inhabiting in the Presincts and parishes aforesayed but only such of them who hold communion with the respective particular & separat Congregations And in case the church wardens or overseerers for the poore of any of the parishes aforesayed shall claime or sue for the sayed legacies for the poore of the same parishes by virtue of this my will Then my will is that the same legacies shall be utterly void and of none effect And whereas I am and stand indebted to severall persons severall somse of money attending to this schedule hereunto named as And whereas I formaly setled by deed in on my Brother Mr William TWISSE of Dorchester and Mr John BENBOW of London Grocer my litte dwelling -------------------------------------------------------------------------------------------------------end of 3rd page house in Dorchester and my Mills at Broadway with all the appurtenaces unto them respectively belonging Also the Moyety of the Mannor of Pannington in the County of Gloucester the Mannor of Grimston in the County of Dorsett the Moyety of two ffarmes in Balting in the County of Berks All which prmissed excepting sayd house and Mills are public title upon trust and confidence in my sayd Brother TWISSE and Mr BENBOW reposed That they should sell the said prmissed for payment of my debts with the money that should be raised by such sale now for as much as my sayd dwelling house is mortgaged for one of my debts mentoned in the sayd schedule and I have sold my sayd Mills and my title to the sayd public lands is doubtfull I doe therefore revoke the sayd deed and declare the same to be absolutely void. Item I doe hereby give devise and bequeath unto Mark COE Girdler John BENBOW Grocer William TREFFUSIS haberdasher citizens of London William TWISSE of Dorchester Moreover my Brother in Law and to Jeremiah BAXTER Draper and Joshua BROOKES habadasher citizens of London and to their heirs and assigns All those my ffoure thousand one hundred and ffifteen acres of meadow arrable Lands and profitable pasture Irish measure fallen by lott in the Barony of Kenry in the County of Limerick in the province of munster in Ireland whereof One Thousand ffower hundred fforty fouer Acres one Rood and Thrity one poles part of the sayd ffouer thousand one hundred and ffifteen acres and fallen in the North east Quarter number one of the sayd Barony of Kenry there one thousand ffoure hundred fourty fowre Acres one Rood and thirty one poles part of the sayd ffoure thousand one hundred and ffifteen acres and fallen in the South east Quarter number two of the sayd Barony of Kenry and Three hundred ninety two Acres three Roodes and seuven pole more next of the sayd ffoure thousand one hundred and ffifteen acres are fallen in the west quarter number three of the said Barony of Kenry And Three hundred thirty three acres one roode and eleaven poles residue of the sayd ffoure thousand one hundred and ffifteene Acres are fallen in the North West quarter number four of the said Barony of Kenry And all woods Boggs hongties? barren [3 illegible words] edifices waters ffishinge easements commodities and appurtenances whatsoever to the sayd Lands belonging or apprerteyning thereof and all such other Lands Tenements and hereditaments which shall hereafter be allotted and sett out in lieu of any part of the sayd premissed [2 illegible words]in devised & bequeathed: And the reverston and reversions remainder and remainders Rents issues and profitts of all and singular the sayd Lands prmissed To have and to hold the sayd ffouer thousand one hundred and fifteene acres of land and prmissed with the appurtenances to this sayd Mark COE John BENBOW William TREFFUSIS William TWISSE Jeremiah BAXTER And Joshua BROOKES their heirs and assigns for ever upon trust to and for the severall uses intents limitationsand purposes hereafter expressed and declared (vizt) upon trust and confidence that they the sayd Marke COE John BENBOW William TRUFFUFIS William TWISSE Jeremiah BAXTER and Joshua BROOKES their heirs and assigns shall pay unto my beloved wife Dorothy BURY and her Assigns during the terme of her natuarall life one full third part in three equal partsto be divided of all and singular the Rents issues and profits of the sayd prmissed for her better support and maintenance And upon this further trust and confidence that they the sayd Marke COE John BENBOW William TRUFFUSIS William TWISSE Jeremiah BAXTER and Joshua BROOKES and their heires and assignes shall pay all the rest and residue of the Rents issues and prmissed the sayd prmised during the term of my wifes natuarall life And all the Rents issues and profitts ----------------------------------------------------------------------------------------------------------end of page 4 of all and singular the prmissed from and after her decease forever towards the payment discharge and satisfaction of my debts mentoned in the said schedule in such order as they and therein sett downe (that is to say) the ffirst debt therein sett downe to be ffirst satisfied and all the rest of the same debts as they are succes- sively sett downe Together with damage for the interest and forbarance there of untill all the same debts shall be payed And upon this further trust and confidence that after payment and satisfaction of all the sayd debts and reduction of all such reasonable and necessary charges expenses and disbursemts as the sayd Marke COE John BENBOW William TREFFUSIS William TWISSE Jeremiah BAXTER and Joshua BROOKS their heirs and assigns or any of them shall be at and expend and disburse in or about the management and performance of the sayd Trusts that then they the sayd Marke COE John BENBOW William TREFFUSIS William TWISSE Jeremiah BAXTER and Joshua BROOKS their heirs shall convey and assure the sayd ffoure Thousand One hundred and ffifteene Acres of Lands and prmissed in Ireland as followeth (Vizt) the sayd one thousand ffoure hundred ffourty ffour Acres One Rood and Thirty one Pole with their appurtenances ffallen by Lott in the North East Quarter Number One of the sayd Barony of Kenry And alsoe those ffifty ffive Acres Two Roods and Eight Pole and a halfe of Lands which was the son of Robert TUTCHIN Clerke for ffive and Twenty Pounds and which I purchased of him being parcell of the three hundred Thirty three Acres one rood and eleaven pole fallen by lott in the North west Quarter number ffower of the sayd Barony of Kenry And all such other Lands Tenements and hereditaments whatsoever which at any tyme here after shall be allotted and sett out in lieu of the same or any part thereof To my sonne John BURY and the heires of his body for ever And the sayd one Thousand ffouer hundred fforty ffouer Acres and seaven pole of Lands with their appurtenances ffallen by lott in the sayd South East Quarter number two of the sayd Barony of Kenry (Except as hereafter is excepted) And also Two hundred Twenty two Acres Thirty ffouer pole in number ffouer which was the lott of William Ben Clerke for one hundred pounds ( vizt ) the comon to the Ballynoe contayning three and Twenty Acres Ballynoe more contay- ning Seaventy Six Acres and two roods Ballynoe Bogg conteyning Thirteene Acres Hartelasse part of the Ballynoe conteyning one and Thirty Acres And one rood in the South of Milltowne by an East and West Line seaventy Eight Acres one Rood and Thirty ffouer Pole besides Eight Acres of unpro fittable Bogg (Except one hundred and two Acres one Rood and ffower and Twenty Pole in the North of Kilcurrtley by an East and West line whereof the Thirty Eight Acres of controversy are included And except alsoe Two hundred Twenty and seaven Acres the Remainder of Drummone belonging to the sayd Dundent? in number Two) And all such other Lands Tenements and hereditaments whatsoever which ar any tyme hereafter shall bee allotted and sett out in lieu of the same or any part thereof (Except before excepted) To my sonne Phineas BURY and the heires of his body forever And the sayd Eight hundred ninety two Acres three Roods and seaven pole fallen by lott in the Southwest Quarter number Three of the sayd Barony of Kenry And the sayd one hundred and Two Acres one Rood and Twenty ffouer pole before excepted out of the sayd one Thousand ffower hundred and fforty Acres and seaven Pole given to my sayd sonne Phineas And the sayd Three hundred Thirty three Acres one Rood and elaiven Pole fallen by lott in the Northwest Quarter number ffower And the sayd Two hundred Twenty and seaven Acres the Remainder of the Drummone belonginge to the sayd Dundent in number Two before excepted out of the proportion --------------------------------------------------------------------------------------------------end of page 5 of my sayd sonne Phineas (Except the sayd ffifty ffive Acres two Roods Eight pole and a halfe part thereof before given to my sayd sonne John And except alsoe the sayd two hundred Twenty two Acres Thirty ffower Pole in number foure which was the lott ofthe sayd William BEN Clerke before particularly mentoned besides Eight Acres of unprofitable Bogg before herein given and devised to may sonne Phineas and the heires of his body) And all other Lands Tenements and hereditaments whatsoever hereafter to be sett out and allotted in lieu of the same or any part thereof (Except before excepted) To my sonne Thomas BURY and the heires of his body forever And whereas I have by Indenture bearing date the Eighteenth day of this instant March demised all my sayd Lands in Ireland to my sayd sonne John BURY for the terme of one and Twenty years comensing the ffirst day of May now next ensuing if my sayd sonne John shall soe longe live At and under the yearly Rent of Three hundred pounds p ann Now my will and minde is that if my sayd wife shall happen to dye dureing the terme of the said Lease That then the sayd Three hundred pounds reserved upon the sayd Lease after satisfaction of all and every my sayd debts mentoned in the sayd Schedule shall be payd to my sayd Sonnes Phineas and Thomas their heires and Assigns during the residue of the sayd terme of One and Twenty yeares share and share like And that during my sayd wifes life in case she shall happen to live till all my sayd debts shall be discharged from the tyme of the discharge thereof I will that my sayd Sonnes Phineas and Thomas their heires and Assigns shall have and enjoy one hundred pounds p ann a peece during the continuance of the sayd Lease provided allwayes that if my sayd sonne John shall be minded after the decease of my sayd wife in case she shall happen to dye during the sayd Lease to surrender the sayd Lease and accept of the conveyance of the proportion of the sayd Lands in number one according to the limitation aforesaid Then I will that my sayd sonnes Phineas and Thomas their heires and assigns shall pay and allow unto my sayd sonne John and his executors or Assignes the summe of one hundred pounds (Vizt) each of them ffifty pounds at the tyme of such surrender of the sayd Lease And my will and minde is that in case any of my sayd sonnes shall happen to dye without issue of their bodyes lawfully begotten Then I doe hereby give and bequeath the part of the lands before appointed to be conveyed to such of my sonnes that shall dye without issue of his or their bodyes To my ffower daughters Dorothy WHITE Sarah CLARKE Mary CROMLEHOLME and Elizabeth WATTS To be held to my sayd ffower daugh- ters and the heires of their bodyes equally Share and Share like And in case any of my sayd daughters shall happen to dye without issue of her Body lawfully begotten Then I will that the part and share of such of them so dying of and in the sayd Lands and premissed shall be had held and enjoyed unto by such of my sayd daughters as shall have issue of their bodyes lawfully begotten and unto and by the heires of their bodyes in equall proportions And I doe give and devise the sayd Mannor of Pannington in the County of Gloucester with the rights members and appurtenances thereof And the sayd Mannor of Grimstone in the sayd County of Dorsett with the rights members and appurtenances thereof And the sayd Moytie of the sayd two ffarmes in Balling in the County of Berks with the appurtenances And the reverton and revertons Remainder and Remainders thereof if any benefitt or advantage shall hereafter accrue thereby To my sayd ffower daughters Dorothy WHITE Sarah CLARKE Mary CROMLEHOLME and Elizabeth WATTS To hold to my sayd ffower daughters and their heirs of their Bodyes respectively in such mannor as my sayd Irish Lands and limitted in case of the death of any of my sayd Sonnes without issue of his or their bodyes lawfully begotten in equall shares and -------------------------------------------------------------------------------------------------end of page 6 proportions provided allwayes That if such of my sayd daughters and heires to whome the last mentioned premissed and devised shall not within three yeares next after they shall be in quiet possession of the sayd last mentioned prmissed and shall receive the rents issues and profitts thereof satisfy and pay to such of my sayd Sonnes as shall have paid any of my debts out of the Rents and profitts of my Irish Lands their respective proportions forwards towards the reimbursing of such debts as my sayd sonnes shall have soe - - - payd for me out of the Rents issues and profitts of my Irish Lands That then the part and proporton of the last mentoned premissed bequeathed to such of my sayd daughters and the heires of their bodyes as shall refuse or neglect to pay their due proportion towards the satisfying my sayd sonnes the debts which they shall have payd for mee as aforesayd shall be utterly void and of non effect And in that case I give and bequeath the part and proporton of such of my daughters and the heires of their bodyes and shall so neglect or refuse to pay their proportions of my sayd debts as aforesayd to the other or others of my sayd daughters and their heires of their bodyes who shall pay my sayd debts as aforesayd And in case all my sayd daughters and the heires of of their bodyes shall neglect or refuse to pay the sayd somes of money charg- ed upon the sayd last mentioned premissed Then I devise and bequeath all and every the same prmissed to my sayd sonnes Phineas John and Thomas and the heires of their bodyes respectively To hold in comon Item: I give and bequeath to sonne Thomas in case moneys can be saved out of my wifes Thirds or otherwise after my wifes decease the some of two hundred pounds in money The rest and residue of all and singular my Goods Chattles Plate household stuffe and other my personall Estate whatsoever not hereby before bequeathed after payment of all my debts legacies and ffunerall expenses I give and bequeath to my said deare and loving wife Dorothy to use and dispose thereof among my children at her discretion And I doe make and declare my sayd Wife Sole Executrix of this my last will and Testament And I doe nominate and intreate Samuell Crom- leholme. William WHITE, Samuel CLARKE, and Michaell WATTS my sonnes in Law and Mr Daniel BULL Clarke and preacher of the Gospell at Stoke Newington in the County of Midds to be overseers of this my will and to be assisting to my sayd Executrix in the performance and executon thereof And that they will accept of fforty shillings a peece to buy each of them rings which I give them to weare in remembrance of mee; In witnes whereof I the sayd Richard BURY have to this my last will and testament conteyned in the thirteen prcedent sheets and in this present sheet of writting paper to each sheet sett my hand and to this last sett my seale on the day of the date ffirst above written: Ri: BURY Signed sealed published and declared by the testator to be his last will and Testament on the day of the date in the presence of us: Brigidine AVIANEN? Samuell CLARK Elizabeth BULL Lidia STEPHENS: SCHEDULE of the debts to be payd by my trustees in my Williatm? named To Martha BARBER 20ti : To my brother innl Mr Krigidine ANIAMEN 100ti ; To my cosen Mr Daniell BULL Clerke 250ti ; To Mr Leonard PARRY 50ti ; to my sister Mrs Dammaris STRONG 800ti; ; To 500ti for my dear and reall freind at Ino is Ingaged vizt wm Mr ??rnior cirred for me 200ti; To Mr Simon ASH Clerke 200ti And unto Mr KYNEON 100ti ; To Mrs Mary HARTSFORUD Spinster 250ti ; To my cosen Mr MICHELL? 200ti ; To Mr James GOOLD of Dorchester 200ti ; To Mrs Alse DASHWOOD my sister in Law 125ti ; To Mr Samuel Cruleholme by h wife? 200ti; To Mr John DASHWOOD by promise 50ti; To Rowland LEHIRNE and to ffrancis his ----------------------------------------------------------------------------------------------------------end of page 7 wife 20ti ; To Sr ffrancis HOLLIS knight Baring knight 150ti MEMORANDUM: That I Richard BURY the Testator doe this nineth day of Aprill 1661 declare my minde in this prsent Codicill which I will, shall be deemed and taken for and as part of my last will and Testament i vide first, whereas I have willed that two hundred pounds should be payed to my sonne Thomas BURY in case the same can be raised out of my estate Now for as much as I have when bonds dated the 18 March last, from my sonne John Bury to and in the name of my sayd sonne Thomas for the sayd summe of 200ti, payable at certaine tymes, which I designe and give to him in lieu of the sayd 200ti, willed Therefore I declare the sayd bequest of 200ti,to my sayd sonne Thomas in my sayd will to be utterly void; And whereas I have obtained a iudgement in the Kings Bench or Common pleas at Westminster against my sonne in law Mr William WHITE now of London Gent for ffower Thousand pound debts besides cost of suit; Now I doe hereby transferre and assigne over the sayd iudgment, and the sayd summe of 4000ti with all bene- fit and advantage to be had and taken by the sayd iudgement to my trustees Marke COD William TWISSE John BENBOW William TREFFUSIS Joshia BROOKES and Jeremiah BAXTER their executors administrators and assigns in trust for and towards the payment of my debts and other the uses of my last will and Testament in case he shall hereafter come to be of ability: In witness whereof I have to this Codicill set my hand and seale this nineth day of April in the yeare of our Lord one thousand six hundred sixty and one Richard BURY. Signed Sealed published and declared this present Codicill by the testator on the day of the date thereof in the presence of Begiduso AVIANON Samuell CLARKE Elizabeth BULL MEMORANDUM: That I Richard BURY the Testator doe this 24o day of Aprill 1661 declare my mind in this prsent Codicill which I will shall bee deemed and taken for and as part of my last will and Testament vizt: whereas the Lease I have grannted of my lands in Ireland to my sonne Jno BURY for one and Twenty yeares in case he shall soe long live at the yearly Rent of three hundred pounds is much under the vallue of the sayd lands which I have done for my sayd sonne John his prferment and advancement in an Intended mar- riage with Mary TOLDERVY the daughter of Mr Thomas TOLDERVY of Dorchester and in consideration of 500ti for which I have Reivd specialtyes from the sayd Thomas TOLDERVY to my wife and others towards payment of my debts to which Marrying there is at prsent a stopp put. now my will and mind is and I doe hereby appoynt and declare that in case the sayd Marriage shall not take effect and the sayd summe of 500ti shall not be payd according to the bonds then if my sayd sonne Jno BURY shall not pay to my trustees expressed in my will to the uses there in declared the yearly som of three hundred and 60 pounds for my sayd lands from ye 1t of May 1661 untill ye 1t of May 1667 and from thence to ye 1t of may 1682 ye yearly Rent of 100ti then I will that my sayd sonne Jno BURY shall deliver up his lease to my sayd trustees to be cancelld and made voyd or in default thereof I doe will and appoynt that my sayd Trustees and their heires and assigns shall convey and settle the inheritance and reversion of all my sayd lands in Ireland and all other lands Tenements hereditaments there shall be allotted or sett out in fein satisfaction or Reprizall for any of the same lands tenements to and upon sayd sonnes Pheneas Bury and Thomas BURY and the heires of their bodies share and share like in such manner ?othent? other proportions thereof and therein and willed and devised to them in my ----------------------------------------------------------------------------------------------------------end of page 8 sayd will anything therein conteined to the contrary thereof in anywise notwithstanding; And whereas by a deed bearing Date the 18th: March 1660 I have settled an Annuity of 100ti p Ann upon Mary TOLDERVY of Dorchester Spinster in consideration of 500ti to be paid to me and others according to severall speciall tyes from Mr Thomas TOLDERVY Tallow Chandler of Dorchester the wth settlement I have made for my sonne John BURY his preferment and advancemt in Marriage with the sayd Mary TOLDERVY intended to bee confirmmated this present April 1661 and whereas at prsent a stopp is put to the effecting the sayd match and whereas some of the Bonds given for the sayd 500ti are Already due and the Rest growing due I doe therefore will and declare it to be my will that in case the sayd Thomas TOLDERVY shall well and truly pay the sayd 500ti according to the severall bonds that then the sayd Joynture or annuity of 100ti p annum shall stand good to all intents and purposes for the use and benefit of the sayd Mary TOLDERVY during her naturall life although my sayd sonne John shall happen to dye before his return from Ireland and future marriage with the sayd Mary Provide nevertheless if he shall safe returne from Ireland and upon hisdisire of Marriage to and with the Lady Mary TOLDERVY either the sayer Thomas shall refuse to give her in marriage or the sayd Mary shall so refuse to be Joyned in Marriage to the sayd Jno BURY within one yeare after the date hereof then this clause concerning ye anuity to the sayd Mary shall null and voyd. AND WHEREAS I am endebted to my sonne in Law Mr Michell WATTS the summe of one hundred pounds and to my sonne in law Mr Samuell CLARKE the summe of three hundred pounds which I had ap- pointed and did intend to satisfy out of the sayd 500ti payable by the sayd Thomas TOLDERVY now my will and mind is and I doe hereby publish and declare it to bee my will that in case the intended marriage betwixt my sonne Jno BURY aforesayd and Mary TOLDERVY aforesayd shall not take effect and thereby my intended satisfaction to my sayd sonnes in law Michaell and Samuell should bee frustrated that then my Trustees before mentoned in my will take cause that the aforesayd summes of 100ti to my sonne in law Michaell and 300ti to my sonne in law Samuell CLARKE shall be payd and satisfyed out of the Rents and profitts of my Irish lands aforesayd before any other debts mentoned in the schedule annexed to my said will notwithstanding any clause or any thinge expressed either in my will or the schedule of debts annexed thereunto. In Witness whereof I have to this my second codicill sett my hand and Seale the aforesayd Twenty fourth day of April 1661:/ Richard BURY; Signed published and de clared this prsent Codicill by the Testator on the day of the date hereof in the prsence of Elizabeth BULL Lidia STEPHENS Margaret SHAM- BROOKE her his marke:/ PROBATUM: [Note:- My Latin leaves a great deal to be desired and I am quite happy to be corrected by someone who actually knows what they are doing but I have attempted a rough translation as follows]
[Approved was this testament together with codacils]
[at London (on) twenty fifth day in the month of October in the year of Our Lord]
[One Thousand Six hundred and Sixty One in the presence of (the) venerable (or worshipful) and ??]
man William Mericke Doctor at Law, commissioner and by the oath of Dorothy
BURY relict and executrix --------------and in due form of law
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