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The will of Sir John Pettus, Baronnet (proved 1698)

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Location: Norfolk, Englandmap
Surname/tag: Pettus
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Contents

Summary

Sir John Pettus Baronet The subject of the will.
Dame Mary his wife and executrix
Horace Pettus his eldest son and heir. Had no male issue at the time the will was written?
Robert Pettus his younger son
Frances Pettus his daughter
Mary Pettus his daughter
John Pettus his kinsman
John Goodwyer his servant
Robert Fawsett A clerk. Witness to original will. Daughter Frances married him without the consent of her father
John Davy a tenant (farmer?) of lands in Caister St Edmunds and Stoke Holy Cross.

Transcription

Main Will (26 March 1695)

Sr John Pettus

In the name of God Amen Sr John Pettus of Rackheath in the County of Norfolk Baronett being of competent health and of sound mind and memory yet considering the understanding of this life & not knowing how suddenly I may be taken away by death do therefore make & declare this my last will & testament in manner & form following.

First I commend my soul into the hands of Almighty God my most Merciful Creator assured by trusting to be saved in & by the merits & mediation of Jesus Christ my only savior & redeemer and my body I commit to the Earth from to hence it came to be buried decently in Christian Burial at the discretion of my Executrix hereafter named and assuming that worldly estate which God in mercy hath lent me I dispose thereof as followeth

First I will & direct my mind is & I do hereby declare & appoint that my trustees Sr Robert Kemp Baronnet, John Ayde Esquire & Henry Palmer gent or the survivors or survivor of them or the exec[utor] or adm[inistrator]s of the survivor of them & also my Executrix herein after named do & shall as soon as conveniently may be after my decease make sale of the several messuages lands & tenements sciutate [situated] lying and being in Caister St Edmunds in the aforesaid County of Norfolk or many of the town or towns near adjoining whereof or wherein they my said Trustees or any of them now stand possessed or interested for any term or terms of years whatsoever in Trust for me & whereof & wherein I my self stand possessed or interested for any term or terms of years in retention(?) from & after the Expiration of the said term or terms of years my said Trustees stand possessed & interested therein for & during all the rest residue & remainder of the said respective term or terms of years which shall herein then to run & unexpired the the best price that can or may be begotten for the same and the moneys hereby raised do & shall pay and dispose as following (vizt.)

To Robert my son within six months after such sale or his age of one & twenty years which shall last happen, five hundred pounds thereof

and the residue of the said moneys arising by the said sale to & between my two daughters Frances & Mary equally at their respective days of marriage or within six months after such sale as aforesaid which shall last happen

And in case my said children Robert, Frances and Mary or any of them shall happen to die & depart their life without issue before his her or their respective share & portion of the said monies shall become due & payable as aforesaid then I do hereby further declare & direct and appoint that the said Share or shares & portion or portions thereof if him her or them so dying without issue shall be equally divided & paid to & among such of my younger children as shall be then living when six months after such sale of aforesaid or at his her or their respective ages of one and twenty years which shall last happen and in case any of my said younger children shall happen to die without issue before his her or their share thereof shall become payable by virtue of this my will then his her or their share hereof so dying without issue shall be equally paid & divided to and amongst the survivor & survivors of them at such time & times as the same should have been paid to him her or them so dying

And I do hereby further order declare & appoint that my said trustees or the survivors or survivor of them & also my said Executrix do and shall pay and allow to my said several children interest at the rate of six pounds per centum [six percent] for their said respective shares & portion thereof as aforesaid to the aforesaid kinds of the respective payments as aforesaid to be paid together with their said respective share & portions & at the same times & not before

provided always & my will & mind is that my said trustees or the survivors or survivor of them & also my said executrix shall & may out of the monies raised by such sale first satisfy themselves of & for all reasonable charges & expenses they or any of them shall or may expend or be put to in or about the management and execution of the said trust and that they or any of them shall not be liable or compellable to answer pay or make or make good any of the said moneys which may casually happen to be lost upon any probable security by them or any of them to be taken for the same but such loss shall be equally & proportionably borne by my said children out of their said respective shares and portions as aforesaid

provided further & my mind & will is And I do hereby further order direct & appoint & in case it shall happen that Horace Pettus my eldest son shall die & depart this life without issue of Male of his body lawfully begotten before divident made of the moneys to be raised by sale to be made by my trustees and executrix as aforesaid whereby the said Robert my son shall become my next heir male then & in such case the aforesaid sum of five hundred pounds herein before by me appointed to be paid to him the said Robert shall cease & not be paid to him Nor any interest for the same but then & in such case the said five hundred pounds with the interest thereof shall be distributed & paid to & amongst my other younger children in such manner as the residue of the moneys to be raised by such sale is herein by me above ordered and appointed to be paid

Also I give & devise to the said Robert Pettus my son all that messuage with the appurtenances scituate [situated] & being in Cayster al[ia]s Castor St. Edmunds aforesaid now in the tenure and occupation of John Davy & all & every the lands meadows pastures grounds feedings & hereditaments whatsoever to the said messuage belonging tor in any wise apperteyneing & now herewith used occupied or enjoyed or reputed taken or known as part parcel or member thereof lying & being in Cayster al[ia]s Castor St Edmunds aforesaid & Stoke Holy Cross in the said county of Norfolk now of late in the tenure & occupation of the said John Davy containing together by estimation fifty & five acres whether more of less And all my estate interest & term of years therein yet to rune & unexpired & to have & to hold the said messuage lands & premises (?) last mentioned unto the said Robert Pettus my son his exe[cutor]s adm[inistrators] & assigns for & during all the rest residue & remainder of such terms of years as I have herein provided

further & upon & under this condition following (that is to say) that the aforesaid Horace Pettus my son shall hereafter happen to die & depart this life without issue male of his body lawfully begotten whereby the said Robert my son shall become my next heir male that then & immediately from & after such the death of the said Horace Pettus which unto said Male the said devise of the said messuages lands and premises last mentioned & the terms of years thereby limited shall cease determine & me absolutely void & of none effect and that then & from thenceforth my will & mind is that the said messuages lands and premises last mentioned & the terms of years which shall be therein then to run & unexpired shall be sold by my executrix hereafter named for the best price that can be gotten for the same And that the moneys coming & arising by such sale of the said premises shall by my said executrix be equally divided & paid to & amongst my younger children who shall be then living any thing herein before mentioned to the contrary thereof in any wise notwithstanding

provided further & I do hereby further order direct & appoint that if my aforesaid son Horace Pettus or whomsoever Else shall be my next heir Male of my body or the heirs Male of such heirs Male shall be desirous to buy & purchase the aforesaid several terms of years of & in the several messuages lands tenements & premises by me herein above devised to be sold or of any of them & will & do give as much for the same as any other person or persons (?) that then & in such case he or they shall have the preemption thereof And my said trustees & the survivors or survivor of them or the exec[utor] or adm[inistrators] of the survivor of them & my said executrix do and shall sell assign & sett over the said term & terms or years of & in all & every the said premises or any part thereof to such heir Male or such other person or persons in trust for him as he shall direct or appoint

Also I will and my mind is that my Executrix hereafter named as soon as conveniently they can after my decease make sale of all & every my messuages lands tenements & hereditaments as well freeholds & charterholds as copyholds & customary tenure as leaseholds scituate lying & being in Thurgarton in the county of Norfolk for the best price that can or may be gotten for the same & the moneys raised by the sale thereof do & shall apply for & towards the payment of any debts so far as the sum will extend all the rest & residue of my goods chattels & personal estate whatsoever & of what kind so ever I do give & bequeath to Dame Mary my dear & loving wife for & towards the payment of my debts & discharging of my funerals

And I do hereby make and ordeyne the said Dame Mary my wife sole executrix of this my will and I do hereby revoke all wills by me formerly made And do declare this to be my last will & testament written in two sheets of paper & have to the first sett my hand & to the other my hand and seal this twenty sixth day of March in the year of our Lord Christ one thousand six hundred ninety & five 1695

( signed J Pettus )

Signed sealed and published & declared by the said Sir John Pettus to be my last will & testament in the presence of us whose names are under written who subscribed our names in the presence of the said Sir John Pettus vizt
Bambeigg Jean
Robert Fawsett Clerl
John Goodwin

Codicill (14 October 1697)

A codicill to be added to the last will & testament of me Sr John Pettus of Rackheath in the County of Norfolk Baronett & to be taken as part of my last will.

Whereas I the said Sr John Pettus in & by my last will & testam bearing date on or about the twenty sixth day of March on the year of our Lord One thousand six hundred ninety & five have given or otherwise appointed to be paid to my two daughters Frances & Mary to each of them a equal share of the moneys as I have hereby ordered & appointed to be raised by sale of the several farms in Cayster near Norwich in my said last will particularly mentioned

now for as much as the said Frances my daughter without my consent & against my likening hath intermarried with Robert Fawsett Clerke I do therefore hereby declare my will & Mind to be that my said daughter Frances shall have only five hundred pounds of the moneys which shall raised by sale of the said farms & no more thereof and that Robert my son besides the five hundred pounds I have given or which or wise appointed to be paid to him in & by my said will shall have two hundred pounds more out of the moneys to be raised by the sale of the said farms to be added to the said five hundred pounds and that Mary my daughter shall have all the raised by the sale of the said farms provided & upon condition that she the said Mary does not marry without my consent or the consent of her mother my wife if any said wife shall happen to survive me.

But if my said daughter Mary shall marry without my consent or the consent of my said wife if she shall survive me then & in that case my will and mind is that the said Mary my daughter shall have only five hundred pounds out of the moneys which shall be raised by sale of the said farms & no more and that the remainder of the moneys raised by such sale after my said daughters Frances & Mary shall have received out thereof five hundred pounds a pair shall be paid to my said son Robert Pettus anything in my said last will contained to the contrary thereof in any wise notwithstanding them

my mind & will is that within Convenient time after my decease the sum of three pounds shall be distributed & paid to & amongst the poor people of each of the parishes of Rackheath & Cayster aforesaid at the discretion of my Executrix

Item I give & bequeath to John Goodwyer my servant ten pounds & to my kinsman John Pettus twenty pounds to be paid to respectively within one year next after my decease by my said Executrix

and this I declare as a further part of my will & desire that the same may be added thereto & be taken as part thereof in witness whereof I the said Sir John Pettus have hereunto put my hand & seal this fourteenth day of October in the year or our Lord Christ One thousand six hundred ninety & seven - 1697.

( signed J Pettus )

signed sealed published & declared by the said Sir John Pettus as part of his last will in the presence of us whose names are hereto set as witnesses who severally subscribed our names as witnesses hereto in the presence of the said testator
Erasmus Jarvis,
William Pigg,
Susanna Lewis

Probate (8 February 1698/9)

NOTE: this is in Latin

Probatum ... ... ... ... et Octavo die February Anno Domni 1698 ... ... John Pettus Baronetti ... ... ... Extri ... ... Jurat ( ... )





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