The compleat clark, and scriveners guide. Containing exact draughts and presidents of all manner of assurances and instruments now in use: as they were penned and perfected by divers learned judges, eminent lawyers, and great conveyancers, both ancient and modern. Whereunto is also added a concordance of years, from the time of King Richard the third untill this present; very usefull for conveyancers and others. With an exact alphabeticall table, whereby any of the said presidents may be easily found out.

A Citizens Will with devise of Lands.

IN the Name of God Amen, the 14th. day of &c. I R. C. Citizen and Salter of L. although sick in body, yet of good perfect and sound memory, praised be Almighty God, therefore do make and ordain this my present Will and Testament containing therein my last Will in manner and form following, That is to say.

First, I commend my self and all my whole Estate to the Mercy and Protection of Almighty God, being fully perswaded by his Holy Spi∣rit through the Death and Passion of Jesus Christ, and to obtain full pardon and remission of all my sins, and to inherit everlasting life, to which the Holy Trinity, one eternall Diety, be all honour and Glory for ever amen.

And I will and ordain, That all such debts as I shall happen to owe * 1.1 at my Decease, shall be truly paid as they shall grow due, and that the Funeralls of my body be only such as shall beseem a Christian after the discretion of my loving Wife and Overseers, and my said Debts which I then shall owe, being defalked, and my Funerall Char∣ges deducted, I will that the residue of all and singular my Goods Chattells Plate Jewells Wares Merchandizes & Debts to me owing and * 1.2 ready money shall be limited and reckoned in three equall parts accor∣ding to the Custome of the City of L. one full 3 equall part, whereof I give and b••queath unto J. my said loving Wife in full Recompence Contentation and Satisfaction, of and for all such part and portion as she by the said Custome or otherwise ought to have or can or may claim to have of all my said Goods Chattells Debts ready money, and other the premisses whatsoever, and one other full equall third part thereof, I give and bequeath to and amongst my five children, that is to say, R. I. S. A. and E. to and amongst them part and part-like to be divided, and to be payd and delivered to my Sons severally their parts thereof, as they severally shall accomplish the age of one and twenty years, and to my Daughters, their parts thereof as they se∣verally

shall come to the said age or shall be married, as either of the same shall first happen.

And I Will, That if any of my Sons do decease before the age of one * 1.3 and twenty yeares, and that if any of my Daughters do decease before the same age, and before their Marriage, that then, in such case the portion of every of them so deceasing, shall remain and be to the Sur∣vivors and Survivor of them, part and part-like to them to be divi∣ded.

Provided alwaies, and I do will, provide and ordain by these presents, That if hereafter I shall fortune to have any more Child or Children * 1.4 then above named, then every such Child or Children shall have like ratable part and portion of and in all my said Goods Chattels Debts ready mony & all other the Premisses with those my Children before named, as if they expresly amongst them had been named by name to have been equall partakers thereof. Any thing whatsoever to the con∣trary notwithstanding:

And the other full third part and residue of all my said Goods, * 1.5 I do will and appoint to and for the performance of this my present Testament.

And first I give thereof to &c. Item I give and bequeath, &c. Item I give, &c. Item. I give and bequeath to my Servant R. H. and R. A. to every of them 20l. a peece to the intent and upon Condition, That they and either of them shal diligently and faithfully help and assist ••o the gathering in of my debts by the space of one whole year next af∣ter my Decease and longer as need shall require.

Item, I will that my wife shall have all her wearing apparrell for * 1.6 her body as well woollen as Linnen, and all her Linnen for Children, and all such Rings and Brasletss as she hath.

Item, I give and bequeath to my said wife for and in full Recom∣pence * 1.7 of all her Dower Right Title and Interest, and other De∣mand whatsoever which she may have or make to all or any part of my Lands Tenements and Hereditaments or to any Rents or profits therof or of any part thereof, the summ of 200 l. of &c.

Provided alwaies, and my will is, That if my said wife in her pure * 1.8 widdow hood being, do not make and deliver such lawfull Release and Releases, if need be, within the space of three months next after my decease to the hands of my Overseers herein after named for and to the use of my Children according unto their severall Estate in my lands hereafter as appear in these Presents, as that thereby all the Estate Right Title Interest and Demand of my said wife to my said Lands Tenements and Hereditaments aforesaid and all profits thereof shall be annihilated and determined, saving only to her such Interest as I shall give her by these presents, that then my said Legacy of 200 l. by me to my said wife above given, shall be utterly void, and shall

not in any case be demandable or payable before such Releases as a∣forsaid shall be by her delivered, any thing abovesaid to the contrary notwithstanding.

Item, I give to A. B. a black Gown; &c. Item, &c. I will there be * 1.9 not spent in my Funeralls above the Summ of 200 l. The residue of all and singular my goods chattells Debts and ready money remaining af∣ter this my present Testament performed and fullfilled, I give and be∣queath to and amongst my three Sons R. I. S. and such other Son and Sons as I may fortune hereafter to have to and amongst them all part and partlike to be divided.

Provided alwaies, That if my Sonn R. when he shall come of full age do not make such surrender of my Coppy-hold Land as hereafter I do appoint him to do in and by these Presents, that then he shall loose his part of the residue of my said goods, &c. and the same wholy to remain to and among his other brethren. * 1.10

And I make and ordain my said three sons R: I. and S. my Execu∣tors of this my present Testament, and I do appoint Overseers there∣of A. G. and W. D. Aldermen, A. C. Salter, J. H. Grocer, R. H. and and R. P. Goldsmiths of L.

And I do will and appoint that the said A. G. W. D. and A. C. shall be Administrators, and have the Administration of my Goods Chat∣tells and Debts to the use of my said three sons, till they or some of them shall attain to the age of 21. years.

And I will that my said Wife; if she shall so like of it, shall have the Education of my said Children both Sons and Daughters during their minority so far forth as she keep them to Learning at the discretion of my Overseers.

And further I do will and appoint, That the said A. shall have the use and custody of the portion of my Son R. C. during his minority, putting in sufficient Sureties to the Chamberlaine of L. for the same according to the ancient custome and paying yearly thereof 5 l upon every 100 l. of the same portion, to the use of my said son R. whereof I will to be paid and allowed yearly towards his Education and bring∣ing up 15 l. and the residue thereof to be paid and allowed to him at his full age of 21 years, or if he dye before, then to be d••stributed amongst other my children, as his Childs portion in that case is limi∣ted to be.

Item, I will that the said W. D. shal have J. C. his portion &c. as be∣fore, the use of S. his portion, bequeathed to J. H. in forme afore∣said.

Item, I will and appoint that the said R. H. shal have the custody and use of the portion of my Daughter A during her minority, or untill her marriage putting in sureties, &c. and paying &c. whereof 15 l. yearly &c. and the residue thereof to be paid and allowed her at her full age of 21 years, or day of marriage, that is to say, such of the same times as shal happen first to come, (E: her portion committed to A P after the form last limited.)

And as touching the disposition of my Lands Tenements and Heredi∣taments, * 1.11 I will and devise thereof and therefore in manner &c.

First, I give grant devise and bequeath to R. C. my eldest son, all that * 1.12 my great Messuage with the appurtenances wherein I now dwell sci∣tuate &c. which I late purchased of G. W, To have and to hold the said Messuage with the appurtenances to the said R. my son, and the heirs males of his body lawfully to be begotten, and for lack of such issue, the remainder thereof to my son J. G: and the Heirs males &c. and for lack of such issue to my son S. &c. and for lack of such issue, to the next right heirs of me the said R. C: the Father, for ever.

Item, I give grant devise and bequeath to J: C: my son, all and sin∣gular my Lands Tenements and Hereditaments in H: and E: in the * 1.13 County of H: or elsewhere in the same County, and all and singular my Lands Tenements and Hereditaments which I purchased of J. W: to have and to hold all the same Lands Tenements and Hereditaments to the said J C and the Heires males of his body lawfully begotten, and for lack of such issue, the remainder thereof to &c:

And if I in my Life do not surrender to the use of my said son J: C: and his Heirs such copy-hold Lands as I have in &c: then I will and appoint that my son within six mrnths after, he shall come of full age shall surrender all the said Copyhold Lands to the use of his said Bro∣ther J: and of his heirs according to the custome of the Mannor there without fraud or covin.

And I do will that all Lead cesterns, wainscot glass: iron-work doors Locks keyes hangings and painted clothes in my said Messuage in W: shal remain, and passe with the Free-hold of the same without any va∣lue or price to be set thereof.

And I will that the said A: G: shal have the governance and gathe∣ring of all such Rent, as shall be due and payable to my said Son R: du∣ring his minority, and that my said freind W: D: shal have the gover∣nance &c. as &c. to my son J: C: during his minority, and they there∣of to accompt with my said children at their full age:

Item, I give and bequeath to every one of my said Overseers, one Ring of gold a peice with the fashion, every of them to be worth five

marks and ten pounds to every of them apeece in money for their pains in the Premisses to be taken, wherin I pray them to deal as be∣cometh faithful Christians as they will answer therefore before God, In witness wherof hereunto I have subscribed my Name, and set my Seal in the Presence of these Witnesses, whose names are subscribed.

Witnesses

• A. B.
• C. D.
• E. F.

Notes

• * 1.1

  Buriall. Debts pain.
• * 1.2

  Division of the goods into three equall parts af∣ter the cu∣stome of Lon∣don viz. 1 One to the wife. 2 the other to the children. 3. for the per∣formance of the Will.
• * 1.3

  In case any de∣cease, the other to have the de∣ceasees part a∣mongst them.
• * 1.4

  If he have more children, then they to partake ratably of the said third part.
• * 1.5

  A third part for Legacies.
• * 1.6

  Gift to the wife of wearing ap∣parrell &c.
• * 1.7

  Legacy to the wife in full re∣compence of her dower.
• * 1.8

  Condition, that if she deliver not a release for her dow••r to the Overseers of the will then ther Legacy to be void.
• * 1.9

  Legacy of the rest of the goods and debts to the children.
• * 1.10

  Constitution of Executors and Overseers. The Overseers to be Admini∣strators of the goods to the use of the chil∣dren Execu∣tors till they a∣tain 21. years. The wife to have the edu∣cation of the children if shee will. One to have the custody of the childrens portions put∣ting in suffici∣ent sureties to the chamber of London, and pay 5 l. a hun∣dr••d. Nota. Mr. Ful∣ler said, that notwith∣standing this manner of devising of the custody of an Orphan to a friend yet the Mayor and Aldermen may if they will) dispose of the custody of such Orphan, albeit commonly they do not without some good cause of exception to whom the custody is willed. Nota Mr: Fuller said, that for every 300l. of orphanage portion, the allowance by the custome is 5 l. per ann. for the first 100 l. 5. marks for the second 100 l. and five nobles for the third 100 l but of later order, 5 l in the hundred is allowed throughout all the portions of Orphans.
• * 1.11

  Devise of lands
• * 1.12

  Entailment of the dwelling house to the Son.
• * 1.13

  Entailment of other Land. If he in his life time surrender not certain Land to the younger son, then his eldest son to surrender it after his de∣cease. All iron worke glass wainscot &c, to remaine with the Free-hold of the house. An appoint∣ment of a cer∣tain person to have the gathe∣ring of Rents during the son•• minority, and to make him account at his age. Rings to the O∣verseers.