Description: Will of James Cary, Salter of London / Date: 20 December 1694 / Catalogue reference: PROB 11/423 / Dept: Records of the Prerogative Court of Canterbury / Series: Prerogative Court of Canterbury and related Probate Jurisdictions: Will Registers / Piece: Name of Register: Box Quire Numbers: 225 - 265 Downloaded from The National Archives Documents Online Transcript courtesy of Tom Hamm.
Will of James Cary, 1694
In the name of God Amen the ffirst and Twentieth day of October Anno Dom One Thousand Six hundred Ninety and ffouer in the sixth year of the Raigne of our Soveraigne Lord and Lady William and Mary by the grace of God over England Scotland France and Ireland King and Queen Defenders of the ffaith etc I James Cary Citizen and Salter of London being very well in body and of sound and perfect mind and memory praised be Almighty God therefore but calling to mind the uncertainty of this transitory Life do now make and declare this my last will and testament in manner following (that is to say) ffirst with all due humility and in most decent manner I yeild up into the hands of Allmighty God that which He hath created and redeemed and I hope regenerated that is my soul humbly beseeching him to make me (a most mortified Sinner) partaker of the merits of God the ffather by the merits of his Sonne Jesus Christ of the forgiveness of all my sinnes and of all the Comforts of His blessed Spirit Pertaining to his covenent made with mankind in the death of his Sonne and whomsoever I have anywaies offended I do heartily desire to bee forgiven and whosoever have anywaies offended mee I doe heartily and fully forgive them all as I desire to have my own Sinns forgiven mee which are many and grievous and as for my spirit I commend it to God that part of mee my body to the Earth from where that was taken I order to be buried with all decency and sobriety in the Isle against my pew within the parish church of St Austins where I now dwell in case I shall die there and for my ffunerall I leave to the discration of my Executors hereinafter named only my desire is that Mr. Hellstead may preach my ffunerall Sermon and for his paines to be taken therein I give him fforty shillings And for all such temporall estate as it hath pleased God to bless me withal in this world I bequeath the same and followeth ffirst I will all such Debts that I shall Justly owe at the time of my death shall be paid and Satisfyed according to equity and good conscience and after that my debts and ffunerall chrrages are paid and satisfied Then according to the Anntient and Laudible Custom of the City of London I doe will and appoint that all my personall estate whatsoever shall bee divided into three equal and indifferent parts and should out of which said third part and share of all and every my said personall Estate whatsoever to me belonging at the time of decease I do grant and will unto Ann my dear and loving wife provided that she doe deliver or arrange to be delivered up to bee cancelled one bond by mee entered into with her ffather at the time of my marriage with her conditioned for the leaving her worth six hundred pounds at the time of my decease which bond my will and desire is should be cancelled before my said wife receive one third part of my estate one other of which third part and share of all and every of my said personall estate whatsoever to mee belonging at the time of my decease I doe give will and bequeath unto and amongst my fower children Jane[,] Mary[,] Robert and Edith Cary betweene them to bee equally divided parted and shared part and part alike and to bee respectively paid them and followeth (that is to say) to my sonn at his respective age of one and twenty yeares And for my daughters at their respective and severall ages of one and twenty years or dayes of marriage which shall first happen but incase my said Sonn or Daughters shall any of them happen to dye before they shall attaine their respective ages of one and twenty yeares or my said Daughters their dayes of marriage which shall first happen as aforesaid Then my will and mind is that the part and shares of each and every one of them soe dying as aforesaid shall yet remaine and be paid unto the survivor or survivors of them between them to bee equally and indifferently divided parted and shared part and part alike And where I have already given and advanced my now eldest sonn James Cary suitable and proportionable to my estate and have otherwise given in marriage with my daughter Ann now the wife of Mr. John Mitchell Gentleman to her late husband Mr. Ralph Mallory deceased the sum of seven hundred pounds and upward and alfo to my daughter Elizabeth in marriage with Mr. William Hampton the sum of eight hundred pounds which is above their proportion of and unto my estate yet in token of my reall affection to them I give and bequeath unto my said sonn James Cary and to my said daughters Anne and Elizabeth the sum of tenn pounds or the same to bee paid within twelve months after my decease and added to the residue and remainder of my said one third part of my estate that is of my owne dispose I give and bequeath thereof as followeth first it is my mind and will that my said wife shall have all my howsehold goods and plate that I shall leave at the time of my decease and that shee shall pay and allow for the same one hundred pounds only and whatsoever the same shall amount unto and bee promised at more I will bee out of my owne third part of my estate I give will and bequeath unto my said sonn and Daughters Jane[,] Mary[,] Robert and Edith out of the said one third part of my estate which is at my dispose the sum of one hundred pounds apiece of lawfull money of England the same to bee paid to my sonn at his age of one and twenty yeares and to my daughters at their ages of one and twenty yeares or dayes of marriage (which shall first happen) that then I will and bequeath the part and share with title and interest of in and unto the said one hundred pounds of any of them soe dying to the survivor of them the said Jane[,] Mary[,] Robert and Edith Cary Item I give will and bequeath unto and amongst my grandchildren Anne[,] Charles and Cary Hampton sons and daughters of my said sonn in law William Hampton and Elizabeth his wife Twenty pounds apiece to bee paid within twelve months after my decease and I appoint that the same shall be paid unto the said William Hampton and that his receipt for the same shall be a sufficient discharge to my Executors hereinafter named And I will that my said sonn in law and daughter improve the same for my grandsons until they attaine their ages of one and twenty yeares or dayes of marriage which shall first happen And if either of them my said grandsons and granddaughters shall happen to dye before they shall attaine their said ages of one and twenty years or dayes of marriage then I will and bequeath the part and share of all and every of them soe hapning to dye to the Survivor or Survivors of them to bee equally divided betweene them part and part alike the same to bee paid out of one third part of my estate which is at my owne dispose Item I give and bequeath unto my granddaughter Anne Cary Daughter of my late sonn Oswell Cary Deceased tenn pounds and unto my granddaughter Anne Mitchell Daughter of Mr John Mitchell Tenn pounds to bee paid within twelve months after my decease Item I give and bequeath unto my dear and loving wife Anne Cary and to my said children James Cary[,] Anne Mitchell[,] Elizabeth Hampton[,] Jane[,] Mary[,] Robert and Edith Cary and to each and every of them tenn pounds a peece to buy them mourning Item I give and bequeath unto my loving neece Mary Clarmont wife of Paul Clarmont Twenty pounds and to my loving neece Mary Buzby Twenty Pounds and to my servant Richard Ffoord Twenty pounds of lawfull money of England and afterwards as all the rest and residue of my said one third part of my estate that is at my owne dispose I give will bequeath unto and amongst my ffower Children Jane[,] Mary[,] Robert and Edith Cary betweene them equally to bee divided and parted part and part alike and incase any of my ffower children shall happen to dye before they shall attaine their severall and respectives ages of one and twenty yeares or my said daughters their dates of Marriage then my will and mind is that the last mentioned Legacyes to them by me given shall yet remaine and bee paid unto the survivor or Survivors of them my said ffower children betweene them equally to bee divided part and part alike And touching and concerning such real; estate as it hath pleased God to blesse me withal in this world I give as followeth (that is to say) I give will and bequeath unto my said dear and loving wife Anne Cary all those my three free hold Messuages or Tenements situate lying and being in Abbington in the county of Berks with their appurtenances lying in a certaine Street there called the Marbell Place or the Bury Lane which I lately purchased of John Stevenson and which are now in the several tenancies or occupations of Richard Cole[,] John Fusfite and ffrancis Butler or their assignees for and during the term of her natural life only to hold the said three Messuages or Tenements with their appurtenances unto my said dear wife Anne Cary and her assignes during the term of her naturall life And after the decefe of the said Anne my wife then I give will devise and bequeath the said three messuages or tenements with their Appurtenances unto my said sonn James Cary and the issue of his body forever to hold the said three messuages or tenements with the appurtenances and all evidences that covenant the same unto my said sonne James Cary and the issue of his body forever accordingly but incase my said sonne James Cary should happen to dye without leaving issue of his body lawfully begotten Then I will devise and bequeath the said three messuages or tenements with their appurtenances with the said deeds or writings that touch or covenant the same unto my said sonne Robert Cary immediately after the death of the said Anne my wife and my said sonne James Cary leaving not issue of his body lawfully begotten and to the heires and assignes of my said son Robert forever and I do hereby appoint make and ordaine my said dear wife Anne Cary sole executrix of this my last will and testament desiring her to see that the same punctually performed according to the full meaning of this my mind and will And I do hereby appoint my said sonn in lawe Mr John Mitchell and my friend Mr Francis Lee Merchant to bee overseers of this my last will and testament desiring them to aid and assist with their advice and counsel my said executrix in the disposition of this my will and for their paines and as a token of my love to them I will them tenn pounds apiece for Mourning And my mind is and I appoint that my wife have the mantanon and care of my children until they shall attaine their respective ages of one and twenty yeares or dayes of marriage And I doe hereby revoke all former wills and bequests whatsoever by mee heretofore made at any time whatsoever in witness where of I the said James Cary the Testaotr to this my last will and testament have hereunto set my hand and seale the day and yeare first above written
These presents containing five sheetes of paper and this part of a sheet to each of which the said James Cary the Testator hath set his hand and was by him signed sealed published and declared for and as his last will and testament the day and yeare aforesaid in the presents of us whose names were hereunder subscribed in the presence of the said Tesator (viz) Daniel Lord[,] Jam Oates Sr[,] And Drury his servt
Probated London Dec. 26, 1694