Constance Leigh

Prerogative Court of Canterbury will made: 24th May 1692 and 20th October 1692
Probate Date: 27th February 1696/7
Proved by Charles Leigh, William Bromley and Edward Byrch
National Archive Catalogue reference: PROB 11/436

The original document is in the custody of the National Archives

Transcript

In the Name of God Amen The fouer and twentieth Day of May in the year of our Lord One thousand six hundred and ninety two I Constance Leigh of Leighton Beaudesart in the County of Bedford widdow being of good and perfect mind and memory doe make this my last Will and Testament in manner following First I comend my Soul into the hands of Allmighty God hopeing to be saved by the meritts and mediation of my blessed Saviour and Redeemer Jesus Christ and my body to the earth to be privately and decently buried in the parish Church of Stoneley in the County of Warwicke as near my dear husband as conveniently it may be att the discretion of my Executors hereafter named And as for that wordly Estate where with it has pleased God to bless me I give devise and dispose thereof as followeth And first I give and devise my lands and Tenements lying and beng in the parish of Tanworth in the County of Warwicke (which I purchased to me and my heires) unto my loveing freinds the hono[ra]ble Charles Leigh of Leighton Beaudesart aforesaid in the said County of Bedford Esquire William Bromley of Baggington in the County of Warwicke Esquire and Edward Byrch of Leacroft in the County of Stafford Serjeant att Law and their heires in trust nevertheless and to the intent that they and the Survivors and Survivor of them and the heires of such Survivor shall out of the rents Issues and profitts thereof yearly and every year pay unto my Sister Lettice Morrison (soe long as she continues a widdow and no longer) The Sume of tenn pounds att Lady Day and Mich[ealm]as by even and equall portions the first payment thereof to begin att the first of the said times happening next after my decease And upon further trust to permitt and Suffer my sonne Thomas Leigh to receive the residue of the rents issues and profitts that shall be raised out of my said lands to his own use during his life And my will and mind further is that in case my said Sister Morrison happen to marry again or dye That then imediately upon such her death or marriage the said ten Pounds per Ann[um] to her as before appointed shall cease and determine and the same shall be paid as followeth videl[ice]t Five pounds parte thereof yearly I devise to be paid to my Nephew William Taylor during his life at Lady day and Michelmas by equall portions And the other five pounds per Ann[um] remainder of the said tenn pounds per Ann[um] I devise to be yearly paid to my Neece Lettice Bilby during her life att Lady Day and Michaelmas by equall portions And I doe hereby declare and direct that my said Trustees shall Settle and convey the said lands soe as after the decease of my said Son the same may goe unto his first and every other Sone and Sonnes in Tayle or in such other manner as my said Trustees or the Survivors or Survivor of them or the heires of such Survivor shall think fitt for the maintainance of my said Sonne his wife (if he marry) and his children (if any) but soe as my said Sonne may during his life have no power to sell or dispose thereof without the consent of my said Trustees or the Survivors or Survivor of them or the heires of such Survivor but in case they shall apprehend it to be more advantageous for my said Sonne or his children to sell the said lands and convert it into money either to be set out at Interest or laid out elsewhere in land or for the purchasing any imployment for my said Sonn or otherwise Then my will and mind is that my said Trustees or the Survivors or Survivor of them or the heirs of such Survivor shall and may sell and dispose thereof and lay out the money for the best benefitt and advantage of my said Sonne or his wife and children in such manner as they shall think fitt Soe as my said Son may have no power to sell or extravagantly spend or dispose thereof And Soe as the tenn pounds per Ann[um] before mentioned be well and Sufficiently servred to be paid to the persons before named att the times and during the terms before appointed I doe alsoe hereby further direct and appoint That my Executors shall within six months after my said Sonne shall attaine his age of one and twenty years pay unto him the Sume of one thousand pounds being the portion left thim by his father which I desire my said Sonne carefully and prudently to dispose of with the advice of my said Trustees or the Survivor of them Alsoe I give and devise unto my said Trustees the sume of twelve hundred pounds to be sett out att interest or layd out in Land as they shall think fitt And that the interest or Rents acrueing or ariseing thereby shall be paid to my said Sonne during his life and after to his wife and children in such manner as my said Trustees shall think fitt and in such proportion and att such times as they shall direct and appoint Only my mind is that it shall not be in the power of my said Sonne either to apend the principall if att interest or to charge or sell the lands if laid out in \a/ purchase But in case my said Son dye without issue or that such issue dye without issue before they attaine the age of one and twenty years Then my will is and I doe hereby devise the said Twelve hundred pounds as followes, vizt. To my Neece Bagot of Pipe Hall in the County of Stafford aforesaid her three Daughters one hundred pounds a peece and to my brother Clent his three Daughters one hundred pounds a piece; To my Nephew Thomas Taylors children Fifty pounds a piece to be equally divided between them To my Nephew Charles Taylor his children one hundred pounds to be equally divided between them To my Nephews Richard Taylor and Littleton Taylor fifty pounds a piece To my Nephew Charles Powell one hundred pounds To my neece Elizabeth Addams the daughter of my sister Elizabeth Powell one hundred pounds to my cousen Jane Blrche now wife of Thomas Byrche of Leacroft aforesaid Esquire Fifty pounds to my Sister Westley her two Sonns William and Littleton five and twenty pounds a piece and to my Cozens Edward Littleton of Warwicke and Edward Littleton of Lichfield five and twenty pounds a piece: But if the said twelve hundred pounds shall happen to be laid out in Lands then my mind is that the same shall be sold and if twelve hundred can be raised by \the/ sale thereof Then I do direct the same to be paid as aforesaid But if upon sale itt happen to fall short of twelve hundred pounds Then my mind is that every one of the portions to whom the same was to be paid by the direction and appointment aforesaid shall respectively and in proportion abate according to the Sume to them devised And in case my said Son happen to dye without issue or such issue happen to dye without issue before the age of one and twenty years and my said Lands shall not be sold and otherwise disposed off by my said Trustees according to the trust before mentioned Then my mind and will is that my said Trustees or the Survivours or Survivour of them or the heires of such Survivour shall convey the same to James Clent and Edward Clent the two younger Sons of my brother Littleton Clent for and during their lives and the life of the Survivour of them And after their deceases and the decease of the Survivour of them to my Nephews William Bilby and William Taylor and their heires forever to their own use and uses And in case my said Sonne shall sue or presente my said Trustees or Executors or any of them either in Law or equity to avoid or question this my Will or to enforce the payment or laying out of any Sume or Sumes \of money/ in lands upon pretence of any Settlement made by his father or otherwise Then all and every the bequests herein before to him made shall cease and I doe hereby declare That from the time of comencing any such suite All and every the same shall become void and whatsoever is before devised to him or to or for the benefitt of him or \of/ his wife or children shall goe over and be in trust for and to the use of such person or persons as my said Trustees or the Survivors or Survivor of them or the heirs or heir of such Survivors or Survivor shall under his or their hands and Seals direct nominate and appoint And my mind further is that it shall be lawfull for my said Trustees to deduct and deteine what charges and expences they or any of them shall be put unto by reason of the said trust And that they nor any of them shall be responsible for the others Act or Acts but only for their own and nototherwise Alsoe I give and devise to my dear brother and Sister Leigh twenty pounds a piece to buy them mourning to my Lord Leigh and his present Lady Eleanor tenn Guineas a piece to be paid them within six months after my decease And to the poore of the parish of Stoneley aforesaid tenn pounds to be added to the tenn pounds now in my hands (left them by my dear husband) as a Stocke for them, and the interest thereof to be paid them as the interest of the said ten pounds (left them by my said husband) is now paid them Alsoe I give and devise to the poore of the parish of Leighton Beaudesert aforesaid (if Ihappen to dye there) the sume of ten pounds to be paid them within one month after my decease Alsoe I give and devise to my brother Leigh's Gentleman and my Ladys woman that shall then live with them twenty shillings a piece and to the rest of the Servants that shall then live with them ten shillings a piece and to the Minister that burys me twenty shillings to be paid them within one moneth after my decease Alsoe I give and devise to my Trustees before mentioned that shall be then liveing ten pounds a piece to buy them mourning Lastly I give and devise to my faithfull Servant Elizabeth Bassett All my wearing Cloathes and tenn pounds to buy her mourning to be paid her within one moneth after my decease if she be then liveing with mee And I doe hereby revoke all former and other Wills by me made And I doe hereby constitute and appointe my trusty and well beloved Friends the aforesaid Charles Leigh William Bromley and Edward Byrche to be my Executors of this my Will In wittness whereof I have hereunto put my hand and Seale the day and year first above written Constance Leigh Signed Sealed and published in the presence of Henry Downes Zach[ariah] Turnpenny Jo[seph] Cheese

Whereas I the within named Constance Leigh have by my last Will and Testament within written bearing date the four and twentieth Day of May in the year of our Lord one thousand Six hundred ninety and two Given and devised unto my cousens Edward Littleton of Warwick and Edward Littleton of Lichfield the sume of five and twenty pounds a peece in the whole amounting to fifty pounds to be paid them as therein is mentioned and expressed now by this Codicill (which I doe hereby declare and intend shall be added to my said Will and accepted and taken as a Codicill there to) I doe revoke null and make void the said devise and doe hereby declare and direct that the same (being in whole Fifty pounds as aforesaid) shall goe and be to my loveing servant Elizabeth Bassett In wittness whereof I have hereunto put my hand and Seale the twentieth Day of October in the year of our Lord God One thousand Six hundred ninety and two: Constance Leigh Signed Sealed and published in the presence of Zach[ariah] Turnpenny William Bunby Jo[seph] Cheese ./