(Trancribed 2010 by, and published by permission of, Jodie Williams).
In the name of God Amen the Twenty seventh day of November Anno Domino 1678 And in the thirtieth year of the Reign of our Sovereign Lord Charles the second by the Grace of God of England, Scotland, France and Ireland King Defender of the Faith. I Thomas Swindall of Weston upon Trent in the County of Darby, yeoman, being sick in body but of perfect and sound mind and memory, praised be God for the same, do make and ordain this my last Will & Testament in Manner following:
Imprimis I give
and commend my Soul into the hands of Almighty that gave it me
And lastly believing
and hoping
in and through the merits of our Lord and Saviour
Jesus Christ to receive
remission of all my Sins and everlasting Joy and
Salvation. And my
body I commit to the Earth where it was first made to be
decently buried in the
Item I give and devise all those my two Houses namely called or known by the name of Gober Moors and the Holme with their appurtenances living in Packington in the County of Leicester and Darby or and of them to my dear and loving wife Elizabeth Swindall and her heirs and Assigns forever to be by sold so soon as she conveniently can and the monies thereby to be raised to be employed towards the payment of my own proper debt and Legacies herein after mentioned did not any those debts for which I am bound as Surety for others. And in the meantime and until said thereof can be made my will and mind is that my said wife shall receive shall receive the costs and profits of the said two Houses towards her & my Children’s maintenance and the performance of this my will.
Item I give and bequeath to my said Wife Elizabeth and her Assigns All other my land Tenements and hereditaments with the appurtenances in Packington aforesaid not herein before given and devised to hold to her and her Assigns until such time as my son Robert Swindall shall attain to his full age of one and twenty years. And after my said son Robert Swindall shall attain to his full Age of One and Twenty years. And after my said Son Robert Swindall attains to his said Age of One and Twenty years Then I give, devise and bequeath to my said wife Ten pounds Annually during her natural life towards her maintenance and in part of Satisfaction of her dower to be yearly Issuing and going forth of all other my Lands and Tenements in Packington aforesaid not herein before devised to be sold to be paid unto her half yearly at the Feast of the Annunciation of our beloved Lady the Virgin Mary and St Michael the Archangel[1] by equal portions the first day of payment thereof to begin at which of the said Feasts shall first happen next after my decease. And my will and mind is such I do hereby empower and authorize my said Wife in case it shall happen the said Annuity of Ten pounds annually or any part thereof to be behind and unpaid by the space of Thirty days next over of after either of the said Feasts days whereon it ought to be paid as aforesaid to outer unto all or any of the said Lands and to distrain[2] for the same and the distress and distresses then and there found to load, drive away and impound And in sound to detain until she shall be fully satisfied her said Annuity and all the arrearages thereof if any such shall be.
Item I give and
devise my said Lands and Tenements last abovesaid unto my Sons
George Swindall and the said Robert their heirs and Assigns
forever they paying throughout not only
the said Annuity of Ten pounds and to my said wife
for her life. But
after the sum of One hundred pounds of Lawful money of England
to my said wife by her to be given to such others of my Children
hereinafter named in such manner and at such times as she and
her brother Nicholas Harding shall in their discretions think fit & convenient.
Item I give and bequeath to my said son George Swindall & his Assigns All that my Messuages and farms with the appurtenances namely called or known by the name of Bucknall Farms situate in Weston aforesaid for and during all such time and term as I have hereunto come and unexpired if in case he the said George Swindall shall be able to manage the farm himself. But if in case it shall please you that my said son George shall not either by decision of his inability of body or Justification of Mind be able to manage the said farm himself, Then my Will and mind is And I do hereby give and devise my said farm and my full trust and Interest therein to my said son Robert and his Assigns he paying thereout yearly to my said son George during his natural life the sum of fourteen pounds at the Feast of the birth of our Lord God and the nativity of St John the Baptist[3] by equal portions. And if the said fourteen pounds shall happen to be in arrears over or after either of the said Feast days whereon the same ought to be paid as aforesaid by the space of thirty days Then my will and mind is that my said son George shall enter into the said farm or any part thereof and distrain for his said Annuity and the arrearages thereof if any shall be. And if in case it shall happen that my said son George shall die before my term in the said farm shall be expired then my will and mind is And I do hereby give and devise to my sons Henry, Thomas, Nicholas and John Swindall the said fourteen pounds and to be equally divided amongst them share and share alike and to be paid unto them for so long time as my lease in the same farm shall continue at the said Feasts and in such manner & form and with such power of distress as I have above appointed the same to my son George.
Item I give and bequeath all that my farm with the appurtenances in Weston aforesaid namely or known by the name of Halls Farm and my full trust and Interest therein to my said Wife and son Robert to be by them equally managed. But if in case it shall happen that my said son Robert shall Marry and any difference or discontent shall thereupon arise or happen between my said Wife and the said Robert or his wife so that they cannot live quietly & contentedly together Then my will and mind is And I do hereby give and devise the same farm and house (except the now Parlor, Chamber and Shed thereto belonging being the East End of the house wherein I now dwell) to my said son Robert and his Assigns he yearly paying thereout to his Mother my said Wife the sum of Ten pounds during her natural life. If my Lease of the same farm shall so long continue in full recompense and satisfaction of her dower out of any other my Land’s whatsoever And my will is if in case any such differences or discontent shall happen as aforesaid that my said Wife shall have to her own use during her life the said (now Parlor, Chamber and Shed with freeholding and passage and all other convenience thereunto belonging.
Item whereas I
have heretofore laid out and paid for my Son-in-Law John Soule
above five hundred pounds over and above what I gave him in
portion with my daughter for security whereof I have an
assurance of all his lands and Tenements at Norton in the
Item whereas I am really owing and Indebted unto my Eldest Son Henry Swindall above One hundred and thirty pounds with he hath formerly lent and paid at my request to my said Sons Thomas and John and for putting of my said Son John to be a Clerke which sums I fear my Estate will not be sufficient to pay & discharge my debts and other Legacies I do therefore hereby desire my said Son Henry to Holme the said One hundred and thirty pounds and In consideration thereof I do give and bequeath to my said Son Henry One hundred pounds.
Item I give and bequeath to my said son Thomas fifty pounds.
Item I give to my said Son John Seventy pounds if in case he shall be a good husband and wife shall think fit to give it him.
Item my will and mind is that all the money legacies above not given shall be paid to my said Sons last named respectively at such convenient time as my said wife can sell the said Two Houses or otherwise raise the same out of my Stock by sale thereof she keeping a sufficient Stock to manage the husbandry I now occupy. All the rest and residue of my money, plate, goods and chattels real or personal Estate whatsoever herein not before given nor bequeathed, my debts and Legacies being first paid I give and bequeath to my said wife who I hereby make the full and sole Executrix of this my last Will and Testament. And I do hereby make and appoint my Loving Brothers-in-Law Sir Robert Harding , Mr Nicholas Harding and Sons Henry Swindall & Nicholas Swindall Supervisors of this my last will and Testament and do hereby desire them to be aiding and assisting to my said wife in the Execution hereof. In witness whereof I have hereunto put my hand & seal the day and year first above written.
Signed and sealed and
published as my last Will
And Testament in the presence of us
???? Egleston [his mark]
???? Cooper [his mark]
Fanny Ross
John Bryan
Inventory 27 January 1678
£ 370-3-10
Proved 22 September 1681
[1]
March 25th and September 29th
[2]
Distrain - levy a distress
on/confiscate by distress/legally take something in
place of a debt payment
[3] December 25th and June 24th
1 Relationships to Thomas Swindall mentioned in the will
|
Wife |
Elizabeth (executrix) |
| Son | George |
|
Robert (under 21) Henry (Eldest) Thomas Nicholas John (to be Clerke) |
|
| Daughters | Suzanna |
| Brother-in-law | Nicholas Harding Sir Robert Harding |
| Sister-in-Law | |
| Son-in-Law | John Soule {husband of Susanna} |
| Son-in-Law | |
2 Other names mentioned
| Samuel Davenport | Executor, legacy to children |
| [Illegible] | Witness |
| [?] Egleston | Witness {mark} |
| [?] Cooper | Witness {mark} |
| Fanny Ross | Witness |
| John Bryan | Witness |
3 Properties named in will
Thomas Swindall of Weston upon Trent
Gober Moors and the Holme in Packington. Other property in Packington
Bucknall Farms in Weston
Halls Farm in Weston
Note no property in Breedon (Tong).