WILL OF GILBERT LINDLEY OF POTTER NEWTON YEOMAN Oct 10 1597 (vol 27 Fol 64

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In the name of God Amen, the firste daie of March in the yeare of our Lord God one thousand five hundredth foure score and sixteen, I Gilbert Lyndlye of Potter Newton in the countie of Yorke, of good and perfect minde and memorie praised bee God knowinge ever by the undoubled testimonie of Godís holy worde that all fleshe is as grasse and especiallie consideringe of my olde age and desirouse to dispose all such landes and goods as God of his meare goodness hath bestowed of me and to take awaie all manner of disquietued and trouble which amongste my children or otherwise for wante of my will mighte arise after my death. For this ende and purpose I do fullie and plainely as I can in writinge declare this my laste will and testamente as Followeth. Firste as touchinge my lands I give unto Francis Lyndley my eldeste sonne the [moietie] or one halfe of my mansion howse or capital [messuage] in Potter Newton aforesaied and the [moietie] of all my Landes and appurtenances thereunto belonginge, excepte those landes housinge and grounds hereafter mencioned which I have already by my deeds in writinge given and granted unto my other sonnes, to have and to houlde to the said Francis Lyndley and to the [heyras] of his bodie lawefullie begotten for ever, and the other [moietie] or on halfe of my saied mansion howse or capitall messuage and the moietie of all my lands with th[e] appurtan[an]ces thereto belonginge I do give and grannte unto [jony als] Johan Lindley my lovnge wyfe duringe her naturall life in consideration of her thirdes which otherwise she aughte to have of my whole landes by the Lawes of this realme. And my will and minds is and I give and bequeath unto Edward Lindley my second sonne all that last moietie or one halfe of my mansion howse and capitall messuage aforesaid and all the lands with the appurtenances there unto belonginge to have and to holde ymmediatlie from and after the death of the saied [jonye ale] Johan Lindley my wyfe.  to him the saied Edmund Lyndley and the heyres if his bodie lawfullie begotten for ever, and it is my mynde and will that fowre honese men after my deateh indifferentlie to bee chosen by my saied son Francis my wyfe and sonne Edmonde shall make equall divisions of my saied massuage and landes with appurtenances that is maie bee perticularlie knowne what and how much shall belonge of allotted to either moietes aforesaid. And that done it is my mynde that my saied wyfe if shee bee then livinge shall make choice wh[ich]ether moietie she will have and yf shee bee dead then I will that my sonne Francis after such division shall make choice wh[ich]ether of such divided moiety he will have and [staede] unto that is my meaninge shalbe his moietie aforesaied, and the other moietie to belonge to my saied wyfe and sonne Edmonde (thus) and to his heyers of his bodie as is aforesaied unless before my death I do myselfe in writinge expresse my further minde and sett down in writinge what and how much shall belonge to other moietes of my messuage and lands aforesaied and yf I so doe then I will that my saied sonne Francis and my wyfe and sonne Edmund shalbe contended and stands unto that my minde and division, the former appointed or named division to bee made notwithstanding.  And further my will and minde is and I do hereby appointe that my saied sonne Francis Lindley shall well and trulie pare or cause to be paired out of the saied moietie of my messuage and landes to him bequeathed the summe of twentie pounds of laweful English money unto my saied wyfe and sonne Edmund or the one of them within one halfe yeare next after my death for and towards the paymente of my debts and such other charge as I have laied uppon my wyfe and sonne Edmunde. And yf my saied sonne Francis shall refuse to paie and do not paie the saied summe of twenty pounds or at leaste do not within the time aforesaied clearly and absolutlie discharge my saied wyfe and sonne Edmonde of so much of my saied debte to such person or persons as they shall appointe my will and minde is that my gifte and legacie of the moietie of my messuage and lands aforesaied to him the saied Francis as is aforesaied bequeathed shalle utterlie voide, frustrate and of none effect. And for such defaulte or non paym[en]t my will is the same moietie and promises to him shall come to my saied sonne and his heyres of his bodie for the discharge of the saied debte and also my will and minde is that yf it [festune] my saied sonne Francis Lyndley to die without issue of his bodie lawfullie begotten then for want of such issue I do give and bequeath moietie to him the saied Francis before bequeathed with the appurtenances thereto belonging unto my saied sonne Edmund and the heyres of the bodie of the saied Edmond my minde and will is that all my capitall messuage and landes with the appurtenances shall descende and come unto my third sonne Thomas Lyndley and the heyres of his bodie lawfullie begotten and for wante of such issue of his bodie lawfully begotten unto William Lyndley and the heyres of his bodie lawfully begotten.  And also for the defaulte of such heyres I will that the messuage and landes with all appurtenances aforesaied shall come and bee to my youngest sonne Christopher Lyndley and to the heyres of his bodie lawfullie begotten and for wante of such issue of his bodie is my right heyres forever. And my further minde and will is that my saied sonnes Thomas, William and Christopher Lyndley and everie of them shall have and quietlie enjoy all and everie of those housinges and landes with the appurtenances w[hi]ch sev[er]allie by deedes in makings I have heretofore given and grannted unto them as the saied deedes beare mention in consideration and full satisfaction of all theire severall filiall or childes partes or portions of my goods, and I do give unto Johan Lyndley my wyfe all may goodes and implementes of howsholde whatsoever which ys within my howse and shee to dispose and give the saied goods at her death as shee shall thinke meete to everie of my childeren and childerens childeren which doth beste please her and to others at her will and pleasure. Item I give unto Gilbert Lyndley sonne of my saied sonne Francis Lyndley 20s. Item I give unto everie one of my sonne Edwarde [his] childeren 20s a piece and to little John [Firebranke] 20s to paied unto him at 21 years of his age. Item I give unto my brother John Lyndley and to Thomas Wilcocke eyther of them 2s, and to Laurence Middleton 5s, to my cosin Emot 12d, to my cosin Jenet Kendall 12d, and to everie of her children 12d, to eveie poor howse in Potter Newton and Chappell Allerton 4d, and whereas I have diverse and sundrie pieces of evidence writings and deedes of my landes aforesaied I will that after my death the same shalbe safely kepte in some [chisel] or other [safe keepage unto or at least] two locks and my saied wyfe and two sonnes Francis and Edmond Lyndley to have everie one a keye that the saied evidences and writings maie bee forthcominge to the use of those persons that shall have juste and lawfull cause to use the same and in the invent that the saied intaile of my messuage and land aforesaied maie have continuous accordinge to this my will and true intente thereof. And that no one or make of the said intailes shoulde defeate or hinder anie or the residue of them of such benefytts as my meaninge is they shoulde receive by [forces] of the same intails. And that quietens hereafter may bee the better continued amongste them my further minde and will is and I also do by this my present testamente devise that yf anie of the saied intailes shall hereafter unlawefullie vex or trouble anie other of them for the saied lands, houses and premisses intailed as before or for anie paine therof or shall alien let or in anie wyse waste or encumber the premisses before intailed or anie parte therof or the intreste or title in or to the same or anie parte thereof that then and from thence forth all and every such person or persons or his or their heyres which shall so alien, lett, incumber or unlawefullie waste the premises before [intaled] or anie parte therof contrarie to the true meaning of this my laste will or which shall unlawefullie vexe or trouble anie other of the persons contained to him or them touching the premises shall forthwithe bee clearlie discharged excluded and dismissed as touchinge the saied intaile and the conveyance of the intayle of the premises by wordes before written to him or them to bee of no force or benefit to him or them. And further for the more sure performance of this my laste will and testamente yt is my minde and will that my saied sonnes Francis and Edmunde within one moneth next after my death uppon requeste to bee made by the one to the other shall enter bonde the one to the other in the somme of fower hundredth pounds for the performinge and fulfillinge of this my testament and laste will in everie parte so farr forth as it toucheth and concerneth the saied Francis and Edmunde or the heyres of theire bodies and yf eyther of them shall refuse so to enter bonds and bee bounde and will not indeede bee bounde within the time before limited beinge required before two honeste witnesses then I will and my minde is that all and everie the legacies of the saied moietie of the saied messuage and landes to him that so refuseth and will not enter bonde as beforesaied shalbe utterlie voide and of none effecte. And that uppon refusall such legacie or legacies shall discend and come to the [nexte] mentioned in the intaile aforsaied. And the residue of my goods not bequeathed, my debts beinge paied and funeral honestlie and in good sorte discharged, I give unto my saied wyfe and to my saied sonnes Francis Lyndley and Edmunde Lyndley whome I make executors of this my testament. And I hartilie desire my nexte neighbors Mr John Barnbie and Mr Brian Hardwicke to bee supervisors of this my will and to do theire beste endevour to make quietness amongste my wyfe and children yf controversie shall arise which God forbid. These beinge wyttnesses of this my last testament or last will.

 Richard Ellis, Thomas Ellis, Thomas Lyndley, and Laurence Middleton, and others.

On the 10th of October 1597 Richard Ellis and Laurence Middleton witnesses to the will were [?], and administration was granted to Johanne [?] or the deceased and Edmond Lyndley notary public his son.

 

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