A transcription:
In the name of God Amen I Thomas Foley of Chadwich in the parish of Bromsgrove in the County of Worcester Yeoman beinge sick and weake in body but of a perfect and disposinge memory Prayse bee given to God therefore doe make and ordayne this my last Will and Testament in manner and forme followinge And first I commit my Soule into the hands of God that gave itt and my body to the Earth from whence itt came to bee decently buryed att the discrec[i]on of my executrix hereafter named and as for the disposal of that small Estate wherewith itt hath pleased Almighty God to blesse mee first my will and earnest desire is (forasmuchas my personall Estate will not bee sufficient to satisfye the debts I owe and the Legasyes heerby given) That my lovinge wife and Executrix heerafter named together with Mr Richard Foley of Sturebridge in the County of Worcester Gent my lovinge friend and kinsman and my father in Law Francis Stubbs shall sell all those three closes or parcells of ground and pasture with the appurtenances commonly called or known by the name of the Lower Clerkrs with the Appurtenances lyinge and beinge in Chadwich aforesaid in the said parish of Bromsgrove and beinge part of my Messuage there called Warsley Hills and now in the Tenure and Occupac[i]on of the said Francis Stubbs And my will and desire is that the moneyes that shall be procured and raysed by sale thereof shalbee employed and bestowed for and towards the payment of all such debts for which the said Richard Foley above named standeth bound together with mee And wheras I am also endebted and stand bound unto my said father in lawe Francis Stubbs for Two hundred poundes which hee hath solemnly and faithfully promised to give mee and to bestowe accordinge to my direcc[i]on my earnest desire and request to my said Father in law is that hee wilbee pleased to performe and fulfill his said promise Alsoe I doe gyve and devise unto my Sonne Thomas Foley his heires and Assignes for ever all that my messuage with the Appurtenances called or knowne by the name of Waseley hills situate lyinge and beinge in Chadwich aforesaid in the County of Worcester And all houses Edifices buildings Gardens Orchards and other Lands Meadowes and Pastures with the appurtenances thereunto belonginge To have and to hould the same unto the said Thomas Foley his heires and assignes for ever yeeldinge and payinge unto the severall summes heerafter menc[i]oned as is heerafter lymited and appoynted in case my Executrix before that tyme shall not have assetts for the payment thereof Alsoe I doe gyve and devise unto my Sonne John Foley his heires and assignes for ever All that my other messuage with the Appurtenances called Chapman hill wherin I now dwell situate and beinge in Chadwich aforesaid in the County of Worcester And all houses edifices buildings Gardens Orchards Lands Meadowes and pastures with the appurtenances thereto belonginge To have and to hould the same unto the said John his heires and Assignes for ever yeeldinge & payinge the severall summes heerafter menc[i]oned as is heerafter lymited and appoynted in case my Executrix shall not have assetts in her hands for the paymt thereof Alsoe I doe gyve and bequeath unto my daughter Christian Foley the sum of fifty poundes of lawfull money, unto my daughter Margery Foley the sum of fourty pounds of like lawfull money, unto my daughter Agnes the sum of Thirty poundes, unto my daughter Margarett the summe of Thirty poundes, unto my daughter my daughter Katherine the summe of Thirty pounds, unto my daughter Mary Westwood the sum of Twenty shillings and to my daughter Frances Bowyer Tenne shillings more All which Summes & legacyes I desire my Executrix to pay if shee can recover the the [sic] moneyes that were due to mee from George Hemminge late of the city of Worcester now deceased but if my said Executrix shall not recover so much as together with the rest of my personall Estate shall amount to satisfy the same Then my will is that my Sonne Thomas Foley shall pay out of the lands heerby to him devised part thereof And that my sonne John out of the Lands to him devised heerby shall pay the other parte thereof That is to say if my wife and Executrix shall not recover any parte of the said moneyes owe to mee from the said George Hemings Then the said Thomas Foley my sonne shall att his full age pay so many of the said Legacyes as shall amount to the sume of one hundred Thirty and one poundes and tenne shillings And my sonne John shall att his full age out of the Lands heerby to him devised pay the residue beinge fifty poundes And in case my said Executrix shall recover parte of the said debt but not enough to satisfye the said Legacyes then my said sonnes shall make upp the said sums accordinge to their said proporc[i]ons All the rest of my goods cattell Chattells and personall Estate whatsoever I doe Gyve and bequeath unto my lovinge wife Margery whom I make and ordayne my full and whole Executrix of this my last will and Testament And I doe appoynte the said Mr Richard Foley and my said father in law Francis Stubbs the overseers thereof In Witnesse whereof to this my last will written in two sheetes of Paper I have putt my hand and Seale and published the same to bee my last will and Testament the sixt day of February in the yeare of our Lord One thousand six hundred fifty and three the marke of Thomas Foley Signed sealed and published the day and yeare above written in presence of Leonard Symson Francis Westwood Francis Stubbs his mark
This will was proved att Westminster The nyne and Twentieth day of April in the yeare of our Lord God 1654 Before the Judge for Probatt of Wills and granting of Administrations law’ly Authorized By the oath of Margery Foley the Relict of the said deceased and sole Executrix named in the said will to whom was committed Administrac[i]on of all and singular the goods chattells and debts of the said deceased shee beinge sworne by vertue of a commission truly to Administer the same
