This is a transcript of the will of Richard Davenport, yeoman, of Withington, Cheshire. His will is dated 2 September 1681 (33 Charles 2) and was proved on 14 February 1690/1.
In the Name of god Amen the Second day of September in the Three and thirtieth yeare of the Raigne of o[u]r Soveraigne Lord Charles the second by the grace of god of England Scotland France and Ireland King defendor of the faith &c I Richard Davenport of Withington in the County of Chester yeoman being weake in bodie butt in p[er]fect disposing menorie (praised by the lord for itt) doe Ordaine and make this my pr[e]sentt Testament Containing herein my last will in maner and forme following hereby Revoking all former wiil and wills testam[en]tt or restam[en]tts by mee heretofore made eyther by word or in writing in any wise and declaring this to bee my last will
And First I Comend my soule to god that gave itt hopeing by the Merritts of Jesus Christ to have my sines pardoned and my soule everlastingly saved and my bodie I Comitt to the earth whereof itt was made to bee buryed in decent maner att the discrecon of my executor hereafter herein named
And as for and Concerning that worldly estate wherewith itt hath pleased the Lord to endowe mee itt is my will and minde and I doe hereby dispose of the same as Followeth That is to say itt is my will to Leave to Randle Davenport my eldest sonne all my lands tenem[en]tts goodes and Moveables of w[ha]t kind or nat[ure] soe ever eyther in my possesson or the possesson of any other to have and to hold the same as his owne prop lands tenem[en]ts and goodes in as full ample maner as I might or could hold or Injoye the same in my life
Neverthelesse under and uppon the Condicons paym[en]tts provisors hereafter herein expresed metioned and declared That is to say, that hee the Randle Davenport pay and discharge all my debt herriott and funerall expences And that hee the s[ai]d Randle within twelve monethes next after my decease pay or cause to be paid unto my three other sonnes viz Thomas Davenport William Davenport and John Davenport theise severall Sums to witt to the s[ai]d Thomas Davenport the sum of Sixe and twenty poundes in Currantt money and to me sonne William Davenport the Sum of Thirtie pounds of like lawfull money and to John Dav[en]port my sonne the sum of Fifty poundes of like lawfull money
And likewise the s[ai]d Randle shall sufficien[t]ly maintaine Ralph Davenport my yongest sonne with meate drinke and lodging such as shall bee Judged fitt for him att the Oversight of William Okes of Withington afores[ai]d and the fores[ai]d John Davenport my sonne untill the s[ai]d Ralph attaine to the Age of Foureteene yeares and when the s[ai]d Ralph shall Attaine to the Age Foureteene yeares then to provide for him the s[ai]d Ralph in such wise as shall bee Judged fitt by the s[ai]d William Okes and John Davenport or the Survivor of them
And also p[er]mit and suffer the fores[ai]d Thomas Davenport William Davenport and John Davenport my sonnes to have and enjoye that little howse uppon my land in Withington adjoining to the howse where William Okes the elder now dwelleth att date hereof withoutt any lett or molestation of him the s[ai]d Randle [or] any other p[er]son or p[er]sons whatsoever by meanes of him the s[ai]d Randle soe long as they the s[ai]d Thomas William and John or any of them shall keepe themselves sole and unmarried butt when any of them shall marry hee shall nott Claime any more Interest in the s[ai]d howse though his lousing his Interest there shall noe way hinder or pr[e]judice the Rest that are sole and unmarried butt they shal enjoye Itt for long as they bee sole and unmarried and the s[ai]d Randle not to Impose any Charg uppon them or any of them for any Repaires or taxacons whatsoever
And uppon Condicon that the said Randle my sonne doe pay doe[?] and p[er]forme the fores[ai]d paym[en]tts Covenantts and Condicons accordingly as the are herein expressed without eyther Covin fraud or quile according to the true Intentt and meaning of the same I do by theise pr[e]sentt leave and give unto him the s[ai]d Randle and his heires and assignes for ever all my fores[ai]d landes tenem[en]tt and goodes whatsoever withall my Interest in and to the same with all the deedes and other writings belonging to the same
Butt if the s[ai]d Randle Refuse to doe and p[er]forme all or any of the fores[ai]d paym[en]tts Covenantts or Condicons afores[ai]d Then I doe hereby give full power unto the fores[ai]d William Okes and John Davenport to enter upon and Cease and take into their possession all the s[ai]d lands tenem[en]tt and goods and to keepe and hold the same untill such times that forth of the Issues and profitts of the s[ai]d lands tenem[en]tt and goods they the s[ai]d William Okes and John Davenport pave paid done p[er]formed all and the paym[en]tts Covenantts and Condicons afores[ai]d together withall the Cost and damage that may acrew or happen to them the s[ai]d William Okes and John Davenport by meanes of such undertaking
And I doe Nominate Constitute Ordaine and appoint the s[ai]d Randle Davenport afores[ai]d my sonne my true and lawfull executor hopeing that hee will see this my will p[er]formed in all things according to the Repose and trust I put in him wittnes whereof to this my p[re]sent testam[en]tt I have hereunto putt my hand and seale the day and yeare first abovewritten ./
Richard Davenport his mark
Sealed signed and puplished to bee
the last will and testament of the
s[ai]d Richard Davenport
- "England, Cheshire Probate Records, 1492-1940," database, FamilySearch (https://familysearch.org/ark:/61903/1:1:FGBR-2P2 : 17 Oct 2021), Richard Davenport, 1690; citing Withington, Record Office, Chester.