The Will of Thomas Berkeley of Colwall

will proved 1661

In the name of God Amen the twelveth day of August in the yeare of our lord one thousand six hundred fifty ???? I Thomas Berkley of Colwell in the County of Hereford gent Doe hereby make and ?????ine my last Will and Testament in ?????? and forme following ???? First I commending my soule into the hande of Almighty god my Creator and to Jesus Christ my redeemer trusting by his ????orions sufferinge to obtain eternal salvation with him and his Lord in the Kingdome of Heaven and my body to the earth Abd for my worldly estate I give and devise in manner following that is to say I will and devise to my sonne Thomas Berkley during his life out of my lands in Mathson such and soe much yearly summes of mony as together with the yearly ???? of my Coppyhold lande ???? (whereof he hath) his life aftermee shall amount to thirteene poundes shillings ????? pence Yearly to bee paid to him upon command in manor following that is to say by six poundes thirteen shillings foure pence after every six monethe ?ext ensueing my decease And in default of payment within twentie fours dayes ?? next after demannd thereof it shall bee ???forth for him the said Thomas my sonne to enter into the said freelands in Mathon aforesaid and as often as default of payment after demand as aforesaid shall bee made to distraine for all ??????? of the yearly sume according to the proportion aforesaid and the distresse and distresses there so taken to detaine ???? hee shall bee paid and satisfied all and every the ????? yearly sume I give devise and bequeath unto my two youngest sonnes John Berkeley & Maurice Berkeley and to their heires for ever All my free lands and Tenements whatsoever within the County of Hereford and Worcester or else where to have and to hold to them and their heires for ever Item I give and devise to my two youngest sonnes also all and singular my ?e?hes Chattles Cattles and personal estate except my debts and legacies to be paid out of them and my reallestate and except to my loving wifeall such of my household goods as she shall make choice of for her own use ???which In I give unto her for her use during her life I give and devise to my loving wife fortie poundes yearly during her life out of my Landes and Tenemants to bee ???? unto her by twentie poundes at the end of every six moneths if she shalbe ??????? to ???ept the same in ???? of her dower out of all my said landes and tenemants otherwise she is to have her dower only and not the same fortie poundes I give to my loving brother Mr Edward Birkeley five poundes ???? to his grandchildren my neeces which now dwell in the house with him being the daughters of Mr Dennis fifty shillings a peice I give to my sonne Mr Rowland Berkeley five poundes and to my sonne Robert Berkeley five poundes and to my daughter Mrs. Dixon five poundes and to my daughter Mrs B?owes five poundes and to Mr Thomas Boyes of St Michaell in Bedwardine twenty shillings and to his now wife twentie shillingsall which aforesaid monie legacies my will is shallbe paid within one yeare next after my decease out of my personal estate if that will reach to it otherwise out of my reall estate for soe much as shalbe wantng of my personal estate And it is allwaies provided And I doe hereby will and appointe that not withstanding my debits of my Landes and

Tenements leases and chattells and cattells as aforesaid Nevertheless my Debtes and legacies shall if needs require be paid out of the proffitts of the said Landes and tenements which I hereby charge with the payment thereof or such thereof or my personall estate will not amount to satisfy And provided further that in in case of my youngest sonne Maurice shall refuse to ???? with my sonne John and shall not bee Contented with the ??eptation which may or might come to him by vertue of this my will in ????es as aforesaid then upon the same refusall I give to him my said sonne Maurice only the summes of three hundred poundes of the money to bee paid to him within one year next after my decease And then and in that case I hereby give and devise unto my said sonne John Berkeley and his heres all and singular my freelandes and tenemants charged as aforesaid To have and To houlde to him the said John and his heires for ever And alsoe I give unto him all my said landes and personall estate ????? as aforesaid to the intent that out of all my freeland leaseland and personall hee shall duely pay and satisfy all my debts and Legacies in manner as aforesaid And I hereby make Constitute and appointe my said two sonnes John Berkely and Maurice Berkely Executors of this my last will and testament

In wittnes ???????? I have hereunto put my hand and seale the aforesaid twelveth day of August 1659 Tho: Berkeley ???????????? sealed and published and the ?oords shall bee made / (is)(as) ????? ??????? first ??????? in the persone of Thomas Boyes Robert Bagott ??? Bedwardine Herefs to Mr Boye Elizabeth Baduadge her marke