Will of Sir Pury Cust

Date: [unknown] to 1699
Location: Belton House, Lincolnshire

WILL OF SIR PURY CUST, KNIGHT. Dated September 11th, 1695. From the copy at Belton House In the name of God, Amen. I Sir Pury Cust of Newton in the County of Lincolne, Knight, Doe make and ordaine this my last Will and Testament in manner following. First I bequeath my soule to the hands of Almighty God my Creatour and my body to the earth from whence it came to be decently buried in such manner and place as to my executors hereinafter named shall seeme meet in hopes of a happy and joy full resurrection. And as to my temporall estate wherewith it hath pleased God of his goodnesse to blesse me I do give and dispose thereof in manner and forme following (that is to say) I do give, devise, and bequeath unto my honoured father Sir Richard Cust of Barholme in the County of Lincolne, Baronett, John Proby of Elton in the County of Huntingdon, Esquire, John Cockayn of Cockayne Hatly in the County of Bedford, Esquire (whom I desire to be my Trustees), and to their heirs and assigns for ever All that my house situate, lying, or being in or near Stamford in the sayd County of Lincolne without the walls thereof, being a dissolved Priory or Friars' house commonly called by the name of the Black Fryars, together with all and singular the outhouses, malting office, Dovecoats, barns, stables, yards, gardens, orchards, pastures, medows. Commons, and appurtenances whatsoever thereunto belonging or in any wise appertaining or therewith occupj-ed or enjoyed, and all other my houses or estate whatsoever in Stamford aforesayd with all my right, title, and interest thereunto. And my will and desire is that the said premisses may be forthwith or as soone as convenient they can after my decease (if I do not sell the same before) be sold to the best purchaser that will give most for the same, in confidence that my siaid honoured father will as he hath promised me settle some lands in my name and at my request of the yearly value of sixty pounds over and above all reprisalls (King's taxes only excepted) to the same uses and to such intents and purposes as the sayd premisses are already settled by a deed of Indenture bearing date the two and twentieth day of May in the year of our Lord one thousand six hundred and eighty and in the two and thirtyeth year of the reigne of our late Soveraigne King Charles the Second, between the sayd Sir Richard Cust, Baronett, Pury Cust, Esquire, and Ursulah his wife, and Samuell Cust, Esquire, of the one part, and Anthony Collins and Henry Barker, both of the Middle Temple, London, Esquires, of the other part, there being a provisoe in the said deed that upon my settling sixty pounds yearly as aforesaid it shall and may be lawfull for me to alien, sell, or otherwise dispose of the said premisses as to me shall seeme meet. And also I do give, devise, and bequeath unto my said trustees their heirs and assigns for ever All that my Mannour or Lordshipp or reputed Mannour or Lordshipp of Newton, with the rights, members, and appurtenances thereof in the sayd County of Lincolne, and also all and every my messuages, lands, tenements, and hereditaments whatsoever situate, lying, and being within the said Mannour or Lordshipp of Newton, or thereunto belonging or reputed to belong or therewith commonly used, occupied, or enjoyed, and the advowson of the parrish Church of Newton. And also every other my lands, tenements, messuages, and hereditaments situate, lying, and being within the towne precincts, fields, or territories of Newton in the said County of Lincolne, and all my estate, right, title, equity of redemption, and interest of, in, and to the same, and alsoo all those my Fen lands lying in Deeping Fen in the said County of Lincolne, late the lands of Sir Barnard Gascoin, by estimation three hundred acres bo the same more or lesso, To have and to hold the premis.ses unto the said Sir Richard Cust, John Proby, and John Cockaine their heirs and assigns for ever to the use of the .said Sir Richard Cust, John Proby, and John Cockaine, their heirs and assigns for ever Upon the trusts hereinafter mentioned. Item I do hereby further give and bequeath unto the said Richard Cust, John Proby, and John Cockayne all and every my goods, chattels, and personall estate whatsoever upon the trusts also hereafter mentioned (that is to say) to raise for my daughters Mary Cust and Ursulah Cust the summe of fiveteen hundred pounds apiece for

their respective portions, to be payable to them respectively at their respective ages of one and twenty years or days of marriage which shall first happen, and in the mean time forty pounds respectively yearly for their respective maintenances. And I do hereby charge as well the sayd Priory, Mannour, Fen lands and premisses as my personall estate with the payment of the sayd portions and maintenance. And I will that my personall estate shall in the first place be payable to the same after my debts and funerall expences paid and the legacies herein by me bequeathed, and that then the said Priory, Mannour and lands shall come in aid thereof. And if either of my said daughters shall happen to dye before shee attayne the age of one and twenty years or be marryed, Then my will is that her portion of fiveteene hundred pounds onely shall be payd to her surviving sister att her age of one and twenty years or day of marriage which shall first happen. And if both my said daughters shall dye before their respective ages of one and twenty years or days of marriage as aforesayd. Then my will is that their respective portions shall cease and be voyde. And I doe hereby impower my said trustees or so many of them as shall accept the trust aforesayd and act therein, and the survivours, and the survivour of them, and the heirs of such survivour to sell, mortgage, or lease the sayd premisses or any part thereof for a performance of the trust aforesayd. And after the said severall portions and maintenances, and my debts, funeralls, and legacies herein by me bequeathed shall be payd and satisfyed or become voyd, my will is that my only son Eichard Oust and the heirs of his body shall have the benefitt of the remaining premisses. But if my said son shall dye before he attaine the age of one and twenty years without heir of his body lawfully begotten. Then my will is that all the trusts, profitts, and benefitts of all the premisses (after the said portions and maintenances and my just debts, funerall charges, and and legacies herein by me bequeathed shall be payd and satisfyed or become voyd) shall be and enure to the use and behoofe of the heirs male of my body lawfully begotten or to be begotten. And for want of such issue to the use of my sayd daughters their heirs and assigns for ever. Item I also give and bequeath unto my said daughter Mary a Pearl necklace and a picture of myselfe sett in gold which did belong to her late mother as alsoe all the plate and linen which did belong to her grandmother Woodcock. Item I give and bequeath unto my said daughter Ursulah a lockett of diamonds and a gold watch which was alsoe her mother's. Item I give and bequeath unto my beloved wife Alice Cust All her Jewells or Parafarnalia which she had before she was married. Item I give and bequeath to my honoured Father Sir Richard Cust, Baronett, and to my worthy brothers in law John Proby and John Cockayne, Esquires, my trustees, twenty pounds each. Item I give and bequeath to my honoured mother the Lady Cust and to my dear sisters Elizabeth Cockayne and Jane Proby five pounds each to buy them mourning Item I give and bequeath to my godson Cust Cockayne and to my god-daughter Frances Proby ten pounds each to buy each of them a piece of plate. Item I give and bequeath to the poor of Newton aforesayd ten pounds to be yearly layd out towards a yearly maintenance of the poore of the sayd towne. And I do hereby nominate, ordayne, and appoint the sayd Sir Richard Cust, John Proby, and John Cockayne (who I hope will act carefully in the discharge of the great trust hereby reposed in them so as may tend most to the benefitt and advantage of my said children) Executors of this my last will and testament. And I do hereby revoke, renounce, frustrate, and make voyd All wills by me formerly made and do declare and appoynt this my last Will and testament. In witnesse whereof I have to each of these three sheets of paper (which are all writt by my owne hand) put my hand and seale this eleventh day of September in the year of our Lord Christ One thousand sixe hundred and ninety five and in the seventh year of the Reign of William the third by the grace of God of England, Scotland, France, and Ireland King Defender of the Faith, etc. Pu. Cust. This is a true copy of the last will and testament of Sir Pury Cust, Knt., Witnesse my hand, March ye 8th, 1698, Matt. Goeham. John Cockayne. Thomas Littell.