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Will of Thomas Smith of Nottingham, Mercer, 1699

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This is a transcription of the original will of Thomas Smith a mercer of Nottingham, Nottinghamshire, England. Thomas had his will drawn up on 23 March 1698/9 when he was "weak in body". The will was proved by Fortune Smith his widow at the Archdeaconry Court of Nottingham on 2 August 1699, and an Inventory of his goods was drawn up on 4 August 1699. [1]

Transcription conventions used in this text:
Spelling, punctuation and line breaks are as per the original document.
The text was originally in one block of text. Paragraph breaks at change of bequest ("Item"), and bold text for names have been added for ease of reading.
Where present, ff has been rendered as F, and the old letter Thorn has been rendered as th.
Abbreviations and breviographs have been expanded in [square brackets].
Additions and margin notes, where they occur, have been added where indicated in the text.
Crossings through, where they occur, have been included Struck out.
The image quality was acceptable, and the handwriting legible.

Persons mentioned:

  • Thomas Smith of Nottingham Mercer Testator
  • my Loveing Wife Fortune Smith formerly Fortune Collin. Testator's second wife. Executrix, residuary legatee.
    • my eldest Sonn Thomas Smith eldest son of Testator and Fortune Collin. A banker. Inherited the lands at Gadsby bought from Mr Banbrough
    • my second sonn John Smith inherited the lands at Cropwell Butler, rented to George White
    • my third Sonn Samuell Smith inherited lands at Keyworth, Leicestershire, rented to Thomas Hemsley
    • my forth Sonn Abell Smith inherited lands at Bobbers Mills to the west of Nottingham, rented to Henry Thompson and George Strelly
    • my Daughter Mrs Mary Egleton wife of Mr John Egleton daughter of Testator and first wife Mary Hooper.
      • my Grand Daughter Mary Egleton Daughter of the said Mrs Mary Egleton under 16 years old. £100
      • Grandsonne Thomas Egleton under the age of 14 years old. £100
  • my Father in Law Mr Laurance Collin also spelled Laurence. Father of Fortune Collin.
  • my kinswoman Mabell Hunt £20
  • my Kinswoman Elizabeth Collin Wife of Mr Abell Collin £20. Elizabeth Collin formerly Shepherd.
  • Mr Abell Collin son of John Collin deceased of Great Yarmouth (not mentioned in the will), nephew of Fortune (Collin) Smith. Mercer of Nottingham.
  • my Brothers brothers of Fortune (Collin) Smith
    • Mr Thomas Collin
    • Mr Abell Collin stood bond for probate. Uncle of the Abell Collin mentioned above
  • my Kinsman John Shepard £20. Either father or a brother of Elizabeth (Shepherd) Collin
  • my Kinswoman Mary Greene of Tithby £5
  • my Kinswoman that was Isabell Smith of Newton £5
  • Rice Jones the Elder of the Towne of Nottingham £10
  • Thomas Jackson of Derby Boddice maker. £5
  • Mr John Garland of Lenton £10
  • my Kinswoman Frances Wilcock of Tithby 40 shillings per year for eight years
  • Richard Morley of Cropwell Butler 20 shillings a year for 4 years
  • Mris. Fortune Burrows late of the Towne of Nottingham deceased. Sister of Laurence Collin
  • Samuel Spibye witness to will
  • Rebecca Barraclough witness to will
  • Fra: Haynes witness to will
  • Tho: Poole Junr appraiser of inventory
  • Edw: Chappell appraiser of inventory

In the name of God Amen I Thomas Smith of the Towne and County of the Towne
of Nottingham Mercer being weake in Body but of perfect mind and memory praised
bee Almighty God for the same Doe make and ordaine this my last Will & Testament
in manner and forme following First I comitt my Soul into the hands of Almighty God
hopeing through the meritts of my Saviour Jesus Christ to have full and free pardon
and forgivenesse of all my Sinns And my Body I comitt to the Earth to be decently
buryed att the descretion of my Executrix hereafter named And as for my reall &
personall Estate wherewith it hath pleaed Almighty God to blesse mee I give devise
and bequeath the Same as followeth Imp[ri]mis I give devsise and bequeath unto my Loveing
Wife Fortune Smith the third parte of the Rents Issues and proffitts of all my Lands
Tenements and Hereditaments whatsoever and wheresoever in three partes to bee
devided to have and to hold the same to my said Loveing Wife for and during the
terme of her naturall life

Item I give and devise to my eldest Sonn Thomas Smith
all my Lands att Gadsby in the County of Leicester which I ioyntly purchased with
my Father in Law Mr Laurance Collin of Mr Banbrough (of which Lands soe ioyntly
purchased betwixt us, three partes in four of the same belong to mee and the other
fourth parte to my said Father in Law Mr Laurence Collin to have and to hold the
said three partes of the said Lands soe as aforesaid belonging to mee from and
imeadiately after my decease to my said sonn Thomas Smith his Heires and
Assignes forever

Item I give and devise to my second sonn John Smith all my
Lands and Tenements with the appurtenances Scituate Standing and being in
Cropwell Butler in the County of Nottingham in the tenure of George White
and alsoe the Messuage or Tenement in Nottingham wherein I now dwell
to have and to hold the same from and imeadiatly after my decease to my s[ai]d Sonn
John Smith his Heires and Assignes forever.

Item I give and devise unto my
third Sonn Samuell Smith all that my Mannor Lands and Tenements with the
appurten[an]ces Scituate and being in Keyworth in the said County of Nottingham
in the tenure of occupac[i]on of Thomas Hemsley or his Assignes to hold the
same from and imeadiatly after my decease to my s[ai]d Sonn Samuel Smith his Heires
and Assignes forever

Item I give and devise to my forth Sonn Abell Smith all my
Lands and Tenements with the appurten[an]ces Scituate lyeing and being att
Bobbers Mills in the said County of Nottingham in the Severall tenures or
occupac[i]ons of Henry Thompson and George Strelly or their Assignes to hold the
same from and imeadiatly after my decease to my said Sonn Abell Smith his Heires
and Assignes forever All which Lands Tenements and pr[e]misses before
to bee menc[i]oned to bee subject never the lesse to the payment of my s[ai]d Wiefes
Thirds as beforemenc[i]oned for and dureing the Terme of her Naturall life

Item I give and bequeath to my Daughter Mrs Mary Egleton wife of Mr

[second page]
John Egleton the sum[m]e of four hundred pounds to bee paid to her out of the money
her Husband hath of myne in his hands

Item I give to my Grand Daughter Mary
Egleton Daughter of the said Mrs Mary Egleton the Sum[m]e of one hundred pounds to bee
paid to her when shee shall attaine the age of Sixteene yeares

Item I give to my
Grandsonne Thomas Egleton the sum[m]e of one hundred pounds to bee paid to him when
he shall attaine the age of fourteene yeares

Item I give to my kinswoman Mabell
Hunt the sum[m]e of twenty pounds the same to bee paid to her within twelve months next
after my decease

Item I give to my Kinswoman Elizabeth Collin Wife of Mr Abell
Collin the sum[m]e of twenty pounds the same to bee paid to her within twelve Months
next after my decease

Item I give to my Kinsman John Shepard the sum[m]e of
twenty pounds the same to bee paid to him when my Executrix hereafter named shall
thinke convenient

Item I give to my Kinswoman Mary Greene of Tithby the
sum[m]e of five pounds the same to bee paid to her within twelve Months after after
my decease

Item I give to my Kinswoman that was Isabell Smith of
Newton the sum[m]e of five pounds the same to bee paid to her within twelve
Months next after my decease

Item I give to Rice Jones the Elder of the
Towne of Nottingham the sum[m]e of tenn pounds the same to bee paid to him
within twelve Months next after my decease

Item I give to Thomas Jackson of
Derby Boddys maker the sum[m]e of five pounds the same to bee paid to him within
twelve Months next after my decease

Item I give to Mr John Garland of
Lenton the sum[m]e of tenn pounds the same to bee paid within twelve months
next after my decease

Item I give to my Kinswoman Frances Wilcock of
Tithby the sum[m]e of forty shillings yearely for and dureing the terme of Eight
yeares if shee shall soe long live the same to bee paid by my Executrix
hereafter named

Item I give to Richard Morley of Cropwell Butler the
the sum[m]e twenty shillings yearely for and dureing the terme of four years if
hee shall soe long live the same to bee paid by my Executrix hereafter
named

Item I give to the Poor of Cropwell Butler and Tithby the sum[m]e
of five pounds to bee distributed by my Executrix hereafter named to
whom and when shee shall thinke convenient And further it is my
and Will that after my Debts paid and Legacyes & Funerall Charges
discharged the remainder of my Estate both reall and personall not herein
or hereby by mee disposed of I give and devise to my Loveing Wife Fortune
Smith her Heires Executors Administrators and Assignes for the uses and
purposes here after menc[i]oned That is to say that within two years next
after my decease shee shall call upp the same and devide it into five equall parts
And after the same shall bee soe devided It is my mind and Will that one of
the said five parts shall bee to my second Sonn John Smith another of the s[ai]d
five parts to my third son Samuell Smith another fifth parte to my fourth

[page three]
Sonn Abell Smith another of the said five partes to my Daughter Anne and
the other fifth parte to my Loveing Wife Fortune Smith whom I hereby make and
ordaine the full and sole Executrix of this my last Will and Testament And I herby
devise that my Brothers Mr Thomas Collin & Mr Abell Collin will be assisting to my
said Executrix for her better executeing this my last Will and Testament And
further it is my mind and Will That if my eldest Sonn or any of my other Children
shall after my decease be troublesome and not satisfied and content with what
I have herein and hereby devised or bequeathed to them or not be advised and
ruled by their Mother then and in such case I doe hereby authorize impower
my said loveing Wife according to her Will and pleasure to detaine in her hands
such fifth part or parts or devidend of such of my s[ai]d Children as shall not bee soe
advised and ruled by their Mother as aforesaid for soe long time as my said
Wife shall in her discretion thinke fitt & convenient to pay the same to him her or them
soe refusing to be advised and rules by their said Mother as aforesaid

And
whereas I am one of the Executors of he last Will and Testament of Mris
Fortune Burrows late of the Towne of Nottingham deceased I hereby
desire my Brother Mr Abell Collin to bee assisting to the Surviveing Executor
of the Said Mris Burrowes in the execuc[i]on of her said will and I doe hereby
revoke disanull and make void all former Wills and Testaments by mee
heretofore made and doe declar this to bee my last Will and Testament
In Witnesse whereof to this my last Will and Testament contained in three
Sheets of Paper I have sett my hand and to the third and last sheet thereof
my hand and seale the three and twentith day of March in the Seaventh year
of the Reigne of King Will[ia]m the third over England &c Annoq D[omi]ni 1698

Tho Smith {seal}

Sealed and delivered published &
declared by the above named
Thomas Smith to bee his last
Will and Testament in the pr[e]sence
of us
Samuel Spibye
Rebecca Barraclough X her mark
Fra: Haynes


An Inventory of the goods of Mr Thomas
Smith late of Nottingham dec[ease]d made
August the fourth 1699

Imprimis his purse and Apparrell £20
Goods in the house £10
Goods in the Dyning Chamber £8
In the Little Chamber £2
In the Large Lodging a Bedd and chaires £20
In another Chamber goods valued at £10
In the green Chamber goods valued at £8
In the Garrett goods valued at £5
In the Seller goods valued at £5
Plate valued at £30
Things unseen & forgoth £2

£120-0-0

Tho: Poole Junr
Edw: Chappell


Grant of Administration [in Latin]: Bound Fortune Smith of the Town and County of the Town of Nottingham widow and Abell Collin of the same place, mercer The second day of August AD 1699

Sources

  1. Will of Thomas Smith, of Nottingham, Mercer, 1699 Original wills proved at the Archdeaconry Court of Nottingham, 1699. Deposited at the Nottinghamshire County Archives, Nottingham, Nottinghamshire, England. Images on FamilySearch Film 008071117 image 236 Accessed 3 December 2022




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