Will of Francis West Esq 1634

Date: [unknown] [unknown]
Location: [unknown]
Surname/tag: West

Transcript of the PCC Will of Francis West Esq, 1634.^[1]

In the name of God Amen I Francis West of the city of Winchester in the county of Southt Esquire, being (I thancke god) sound in body, and in perfect good health and understanding and considering the uncertaine condic~on of this life, and being desirous in the best manner that I can to make provision for Jane my now wife, one of the daughters of Sr Henry Davye Knight, in case that shee happen to overlive mee, doe make this my last will and testament in manner and forme following; revokeing thereby all former wills whatsoever of mee the said Francis West

And first of all I bequeath my soule into the hands of Almighty God my maker hopeing to be saved by the only meritts of my blessed Savio~r Jesus Christ. And my body to be buryed in such decent Manner, as my executrix hereafter named shall thinke fitt without excessive pompe, or unfitting sparing.

And as concerning the disposic~on of such temporall estate either of Landes, profits, advantages, plantations, servannts, Cattle, Hogges, Goates, or other goodes whatsoever, wherewith Almighty God shalbe pleased to blesse mee withall, at the tyme of my death either in this Kingdome, in Virginia, or elsewhere soever, I doe devise that my said wife shall as soone as shee may, after my death, or decease sell my said Landes, plantations, Servants, and goodes whatsoever within the said Kingdome of England or in Virginia, or in whatsoever other place they shall happen to be at the time of my death (except Jewells, plate, money, Linnen, and howsehould stuffe whatsoever) for, and att their best rate, rates, and values And I doe appoint the same truly Inventaryed immediatly after my death. And I doe further will and devise that my said wife Jane shall have the wholl disposeing, profits, and ordering thereof until such tyme as my sonne Francis West shall accomplishe his full age of one and twenty yeares; my said wife in the meanetyme maintaining, breeding and bringing upp my said sonne in learning and in the feare of God.

And I doe devise, and declare my intent, and meaning to be; that when my said sonne Franncis West shall accomplish his said age of one and twenty yeares that then my said wife shall pay or deliver unto him th’one halfe, or moity of my said estate' so to be sould, and Inventaried as aforesaid (except before excepted) And if my said sonne Francis West happen to dye before that he doe or accomplish his said age of one and twenty yeares then my intent and meaning is that my said wife Jane shall have all my said estate of Landes, plantac~ions, servants, and goodes, aforesaid whatsoever to her owne use forever that is to say, such Landes and thinges, whereof I shall be then seized of in fee simple to her and her heires forever, and all my said personall estate whatsoever to her owne use forever, if shee happen to have noe noe issue by mee.

And that if shee happen to have any issue by mee, then I devise the said wholl estate, or money to be made upon the sale of the Landes, plantations, servants, and goodes aforesaid whatsoever (if my said sonne Franncis happen to dye dureing his minority) and the whole benefitt thereof to my said wife for her life.

But if my said sonne Franncis West doe happen to live unto his said full age of one and twenty yeares, and that I have issue by my said wife Jane, then I devise but the one moity, or halfe thereof to my said wife, for her life.

And my intent and meaning is and I doe hereby declare, and devise that after the death of my said wife the one full moytie of the whole estate aforesaid (if my said sonne Franncis happen to dye before his full age of one and twenty yeares aforesaid) unto such children, as I shall have by my said wife to be equally divided between them: saving that my meaning is and I doe devise, declare, and appoint, that such eldest sonne as I shall have by my said wife Jane shall have a double port~on or part, that is to say, twice as much as his other Brothers, and Sisters: But if my said sonne Franncis doe happen to live unto his said full age of one and twenty yeares, then I devise after her death, the said moity of my said estate devised to my said wife Jane as aforesaid unto such children, as I shall have by my said wife Jane to be divided betweene them in such manner as the moity of the whole of my estate aforesaid is hereby appoynted to be divided betweene them (in case my said sonne Franncis West happen to dye before his said full age of one and twenty yeares provided alwaies, and my intent and meaning is, and I doe devise, that if my said wife Jane doe take a second husband after my death, that then the one moytie, or halfe of such estate whatsoever except before excepted as shall come to her by vertue of this my last will, shall be divided, and paid unto such children as I shall have by her equally to each of them, except the eldest sonne, an equall part of halfe of her said estate in her life tyme and to the said eldest sonne a double part thereof as aforesaid, the said payments to be made unto them respectively, as they shall come to their severall ages of one and twenty yeares. And I doe devise that th’other moytie, or residue of her said estate, which shee shall have by this my will shalbe paid and delivered unto my saide children after her death, which I shall have by my said wife Jane equally to all of them (but th’eldest sonne) one equall part thereof, and in such proportion for the eldest sonne, as th’other moytie or hlafe is lymitted to be paid in the life tyme of my said wife Jane. And I doe devise, and give unto my said wife Jane all such Jewells, plate, Lynnen, money and howsehould stuffe, as I shall be possessed of att the tyme of my death to her owne use forever, and to be disposed of att her will, and pleasure.

And of this my will I doe constitue appointe and make my said wife Jane full, sole and wholle executrix. And I doe appoynt the said Sr Henry Davye knight overseer of this my last will and I doe give to him five poundes for his paynes to see this my last will performed.

Read, Signified, sealed, and published to be the last will and Testament of mee the said Franncis West; the seaventeenth day of December, in the fift yeare of the raigne of our Soveraigne Lord Charles by the grace of god of England, Scotland, France and Ireland, kinge, in the sight and presence of us Provided that is the said Franncis West and Jane doe dye without issue of their bodies betweene them begotten, that then the one halfe of all the estate aforesaid shalbe in the power of the said Franncis West to bestowe, and give to whomesoever hee pleaseth. [17 Dec 1629]

Frans West. Test

Tho: South, Tho. Hill

Probatum: .. apud London … Vicesimo octavo die mensis Aprilis Anno Domini Millesimo Sexcentesimo Tricesimo quarto [28 Apr 1634], Juramento Jane West Relictie dicti defunct et executricis …

Sources

1. ↑ Will of Francis West of Winchester, Hampshire. 28 April 1634. PROB 11/165/390. The National Archives, Kew.