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Last Will and Testament of Philip Westcote

“In the name of God, amen, the sixth day of October, 1647, I, Philip Westcote, of Shobrook, in the county of Devon, gentleman, being of good and perfect memory, though weak in body, do make and ordain this my last Will and Testament in manner and form following:-First, I commend my soul into the hands of God who gave it, and my body to Christian burial. Item, I give and bequeath to my daughter, Mary Westcote, one Tenement at Thutt, now in the possession of George Mayne, one Tenement now in the possession of Robert Burnbury, another Tenement now in the possession of John Copp, one other Tenement now in the possession of Robert Moore or his Assigns, one other Tenement now in the possession of Bridget Teape, another Tenement now in the possession of John Radmore, two Cottages at Raddon-Top now in the possession of William Short and William Radford ; all which said Messuages are in the parish of Shobrook, and county of Devon; one other Tenement in the possession of Peter Hellars, another Tenement now in the Possession of William Blackmore, another Tenement now in the possession of Margery Harding; all which three Tenements last recited are in the parish of Comb-Martin, in the county aforesaid: one Messuage, House, or Tenement, in the city of Exon, now in the possession of Andrew Bowman ; another Tenement, in the parish of St. David, now in the possession of Philip Darke or his Assigns; one Messuage in the possession of Henry Palmer, in the city of Exon : to have and to hold all and every the Premises to the said Mary Westcote, her Executors and Assigns, for the term of sixty years, to begin in every of the said several Tenements the aforesaid term of sixty years in and immediately after the determination of the Estate thereon now granted; provided nevertheless and upon this condition, that if my son Thomas Westcote, his Heirs or Executors, shall pay unto the said Mary the sum of Eight Hundred Pounds of current money of England within Twelve Months after she shall attain unto the age of one and twenty years, that then the Estate of the said Mary my daughter, in all and every of the Premises so bequeathed, shall cease and be void; and my desire is, that she shall be ruled and advised iu her marriage by my Overseers after named. And if it shall happen that any of the Estate aforesaid shall determine during the lifetime of my Mother, Mrs, Mary Westcote, then my will and meaning is, that my Wife shall receive the profits thereof, during the life of my aforesaid Mother, for the better maintenance and education of my children; and after the death of my Mother, to the use of my heir until he shall be of the age of one and twenty years; and if the said Mary shall happen to die before she shall attain to the age of twenty-one, then my said son Thomas, paying the sum of Four Hundred Pounds to my son or daughter which shall be next born of my wife, at that son or daughter’s age of one and twenty, the Estate in the Premises given to my daughter Mary, and before mentioned, shall be void and cease. And whereas my Wife, Elizabeth Westcote, is at this time (as I think) with child, I do give unto my next child which shall be born of her one Tenement now in the possession of the Widow and Walter Westcote, or their Assigns, called Furse, one other Tenement now in the possession of Peter Reade or his Assigns, one Tenement now in the possession of Edmund Weeke or his Assigns, all which Tenements are in the parish of Shobrookand county of Devon ; To have and to hold the Premises aforesaid to the said child, being male or female, for the term of sixty years, the said term to begin in every of the said Tenements immediately after the determination of the Estate now granted upon this condition, that if the said child be a son, and the said Thomas Westcote or his Heirs shall pay unto the said son, at his age of one and twenty years, the sum of Five Hundred Pounds, that the Estate in Edmund Weeke’s Tenement, and the Estate in Peter Reade’s Tenement hereby given shall be void and cease, and that after the death of my said son the Estate in the Widow and Walter Westcote’s Tenement shall cease and be void likewise; but if the said child shall be a daughter, then upon this condition that if my son Thomas shall pay unto her Seven Hundred Pounds of current Money of England, within twelve months after she shall accomplish the age of one and twenty years, then her Estate hereby given shall also be void and cease: and if it shall happen that the parti- cular Estate in any of the said Tenements shall determine during the minority of my said son or daughter, that my Wife shall take the issues and profits of the said Tenements for the better education and maintenance of my said son or daughter during the life of my Mother, Mrs. Mary Westcote, and after her death it shall go to the Heir of my son Thomas until he shall come to the age of one and twenty. Item, I give unto my son, Thomas Westcote, all my Books and Papers which were formerly my Father’s ; all the rest of my Goods and Chattels, not hereby formally given and bequeathed, I give and bequeath unto my Wife, Elizabeth Westcote, whom I make Executrix of this my last Will and Testament: and I desire Anthony Salter, Doctor of Physic ; Samuel Tanner, of Farringdon, Gentleman ; and George Westcote, of Berry-Narber, Clerk, to see this my Will performed. Dated, and published the day and year first above written. PHILIP WESTCOTE.”

“ Witnesses hereunto,---SAMUEL TANNER. GEORGE WESTCOTE. ROBERT FARR. JOHN COPP.”
Proved in the Court of the Archdeacon at Exeter, by the said Elizabeth Westcote, the Executrix, on 12th January, 1647-8.