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Will detail

Will of Edward Staker of Binsted

Date signed: 26 Nov 1694, Probate date: 14 Feb 1695

In the Name of God, Amen

I, Edward Staker, of Binsted in the County of Sussex, Gent, being sick in body but sound and perfect mind and memory (God be praised) do make and declare this my Last Will and Testament in manner and form following (to wit):

Imprimis. I commend my soul to God my Creator hoping to have free pardon and remission of all my sins through the merits and mediation of Jesus Christ my only Saviour and Redeemer.

And concerning such temporal estate as God in his mercy hath lent me, I give and dispose thereof as followeth:

Item. I give unto Margaret my loving wife all and singular my household goods whatsoever and of what nature, kind or quality soever, and all my corn in the barns and all my horses, carts, wagons, ploughs, harrows and utensils of husbandry whatsoever and all my cows, hogs and store cattle of what kind soever, to the intent she may be able to use and manage all my lands and tenements in Binsted aforesaid whereof I have made her a jointure. And it is my will and meaning that she shall have and enjoy all and singular my lands, tenements and hereditaments whatsoever with the appurtenances in Binsted aforesaid for and during the term of her natural life, and that discharged of all encumbrances.

And that my executors hereafter named shall pay all mortgages of my said lands in Binsted out of my estate hereinafter appointed for payment of my debts.

Item. I give unto my said wife one moiety of all such sums of money as are due unto me upon bargains and contracts which were made payable at the day of my marriage.

Item: I give unto my kinsman Edward Smith the sum of one hundred pounds and to my kinsmen William Smith and Thomas Smith fifty pounds a piece, to be paid unto them at their respective days of marriage or age of one and twenty years, which shall first happen. And if any of them happen to die before that age or day of marriage, the legacy of him or them so dying shall remain to the survivor or survivors of them the said Edward, William and Thomas Smith.

And for the payment of all such debts upon bond, bill, mortgage or otherwise howsoever as shall be owing by me at the time of my decease, I do give, will and devise unto my loving brother Thomas Staker and to my kinsman Edward Staker and to their heirs and assigns and to the survivor of them and his heirs, all and singular my lands, tenements and hereditaments whatsoever situate, lying and being in the Counties of Derby and Stafford and either of them, and also all my lands, tenements and hereditaments situate, lying and being in the Parish of Shipley in the said County of Sussex, to the intent that all and singular the said lands, tenements and hereditaments with the appurtenances in the Counties of Derby and Stafford and in the Parish of Shipley (so soon as conveniently may be after my decease) shall be sold and disposed of to the best value it may be and that the money thereby made and raised be employed for and towards the paymnent of my debts and legacies hereinbefore mentioned.

And I do make the said Thomas Staker and Edward Staker executors of this my last Will and Testament and do will that all the rest of my personal estate not herein before given to my wife, shall go towards payment of my debts and legacies and discharge of my funeral .

And in case the same foregoing provisions be not sufficient to pay all my said debts and legacies, then it is my will and meaning that the said executors and trustees shall sell so much of my lands in Binsted as shall make full payment of my said debts and legacies and all the charges and expenses concerning the same and relating thereunto, always provided that the devise of my lands in Binsted to my said wife for life be no ways prejudiced or impaired but only the reverend thereof be sold.

And it is my will and meaning that all the charges and expenses of my said executors in the execution of this my Will shall be borne and discharged out of my estate and that if there shall be any overplus remain of my personal estate and the sale of my lands in Derby and Stafford and Shipley after payment of my said debts and legacies and funeral and the charges and expenses concerning this my Will, I give the same to my said brother Thomas Staker.

Also I give to my said brother Thomas Staker the sum of five hundred pounds to be paid unto him by the heir at law out of the reverend of my lands, tenements and hereditaments situate, lying and being in Binsted aforesaid, within three months next after the death of my said wife.

Item. I give unto the poor of the Parish of Binsted five pounds to be distributed amongst them at and by the discretion of my said executors within one month next after my decease.

In witness whereof I, the said Edward Staker, have hereunto set my hand and seal the six and twentieth day of November in the year of our Lord Christ his Incarnation according to the computation of the Church of England one thousand six hundred ninety and four.

Signed: Edward Staker

Signed, sealed, published and declared to be his last Will and Testament in the presence of us who set our names thereunto in the said testator’s presence: Tho. Peckham – Thomas Fowler – John Spicer jun.

PROBATUM (following paragraph in Latin) but PROVED at London on 14 February 1695.

Transcribed by:

Sigi McMahon.

Source:

Unknown.

This will also mentions these parishes:

Shipley.

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