IN THE NAME OF GOD AMEN the 12th day of June 1711 and in the tenth year of the reign of our sovereign Lady Anne by the Grace of God of Great Britain France and Ireland Queen defender &c… I William Kempster of Harwich innkeeper being weal in body but of sound and perfect mind and well disposing memory (thanks to Almighty God for the same) revoking all former and other will and wills by me heretofore made do make and ordain this to contain my last will and testament in manner following. First and principally I commend my soul into the hands of Almighty God trusting in and through the merits of Jesus Christ my saviour to receive the free pardon of all my sins and an immortal inheritance with the saints in glory And my body I commit to the earth
to be decently interred by my executors hereafter named. And as to the worldly estate with which it has pleased Almighty God to bestow upon me, after my debts funeral charges and charge of proving this my will be fully satisfied and paid, I do dispose of the same as followeth. In primis I give and devise unto my son Thomas Kempster all that messuage with the barn, stables, cart lodge, yards, gardens, lands, meadows and pastures with the appurtenances thereunto belonging, situated, lying and being in Dovercourt within the liberty of the said borough, which I purchased of Mr Glover by Hermitage Hill, held of the manor of Dovercourt with Harwich by copy of court roll, to hold to him the said Thomas Kempster and the heirs of his body lawfully begotten or to be begotten. And for default of such issue to my daughter Sarah Pybus and her heirs forever. Item I give and devise unto my said son Thomas Kempster all that my capital messuage or inn called by the name or sign of the Three Cups in Harwich aforesaid, in a certain street there called the Church Street or Middle Street, now in the tenure and possession of Mr William Adye my tenant, together with all the outhouses, cellars, yards, gardens, backsides and other appurtenances thereunto belonging, to have and to hold the said capital mesuage called the Three Cups with the appurtenances unto my said son Thomas Kempster and the heirs of his body lawfully begotten or to be begotten, and for default of such issue unto my daughter Sarah Pybus and her heirs forever. I also give and bequeath unto my said son Thomas Kempster all that my messuage or inn in Manningtree in the county of Essex called or known by the name or sign of the Cork in Manningtree aforesaid, together with all the outhouses, stables, yards, gardens and other appurtenances thereunto belonging, now in the occupation of Gabriel Wilkinson, and all other my houses with the yards and appurtenance lying and being in Manningtree aforesaid, to have and to hold all the said messuages, inns, lands, tenements and inheritances hereinbefore devised, and every part and parcel thereof, with their and every of their appurtenances unto the said Thomas Kempster my son and to the heirs of his body to be lawfully begotten, and for default of such issue to my son William Kempster and his heirs forever. Item I give and devise unto my daughter Sarah Pybus all that my messuage or tenement situated lying and being in Harwich aforesaid in a certain street called the Church Street late in the tenure or occupation of Benjamin Jewers and now in my own occupation, which I purchased of Rose Hayes widow, together with a small garden plot where my coals now lie and adjoining to the house where William Turner now lives, to hold the said messuage or tenement with the garden plot aforesaid and all other the appurtenances (other the use and occupation of one lodging room or chamber fronting the yard in which my son William Kempster lodges, in which I reserve for the use of my said son William Kempster so long as he continues sole and unmarried, and also free liberty of ingress, egress and regress for him the said William Kempster and his friends into and through the said messuage or tenement to the said chamber) unto the said Sarah Pybus and her heirs forever together with the plate, furniture and all other and all other my household goods that shall be in my said house or anywhere else belonging to me at the time of my decease. Item I give and devise unto my son Francis Kempster my farm at Wrabness called by the name of Possession Farm and now in the occupation of John Girling, to hold the said messuage or farm to the said Francis Kempster and the heirs of his body lawfully to be begoitten. And for default of such issue to my daughter Sarah Pybus and her heirs forever. Item I give and bequeath unto my son William Kempster all that messuage or tenement lying behind the Three Cups and adjoining to my stables with the appurtenances now in the occupation of William Turner, to hold to him and his heirs forever . I also give and bequeath unto my said son William Kempster the lease I have of that store house which lies in the Church Street aforesaid which I rent of Mrs Beering (or Deering) of Harwich aforesaid to hold the same accordingly under the rent and covenants therein expressed. And as to my stables in Harwich aforesaid which her Majesty’s Commissioners for erecting fortifications there have contracted for, I give and bequeath the money thereof arising when paid to my executors hereafter named to be equally distributed amongst all my children that shall then be living share and share alike And in case the said commissioners or those who shall be concerned in payment of the same shall not accept of the said stables for the use of her Majesty according to the contract but relinquish the same, then I do order the said stables to be sold by my executors hereafter named for the best price they can get for the same, and the ,money thereof arising to pay and distribute amongst my said children when they shall attain the age of one and twenty years . And if any of them die before that age, that part to be equally divided amongst the survivors And I do hereby order and appoint my said daughter Sarah Pybus and my said son William Kempster to be guardians to my said son Thomas Kempster until he shall his age of one and twenty years. And I desire them to take care that my said son Thomas be well educated and brought up to learning and to receive and take the rents issues and profits of all and singular his lands, tenements and hereditaments hereinbefore devised and bequeathed during his minority until he shall attain his said age of one and twenty years, for and towards his maintenance, learning, education and bringing up, and for payment of the fines for his copyhold lands And all my stock of horses, coaches, carts, waggons, tumbrils, cattle, corn and hay not herein before bequeathed or disposed of, I do order to be sold by my executors hereafter named and the money thereby arising to pay my debts, legacies, funeral charges and expenses, and after the same is fully satisfied and paid the remainder thereof I order to be equally distributed amongst my children that shall be living at the time of my decease . Item I give to the poor of the said borough of Harwich which do not take collection 50/- to be distributed amongst them at the discretion of my executors hereafter named. And lastly I do hereby nominate, make, constitute and appoint my said daughter Sarah Pybus and my said son William Kempster the executors of this my last will and testament, desiring them to perform the same, and whilst they live to act in conjunction one with the other, and without their mutual consent and agreement no act or deed done by either of them to be valid or in force . In testimony whereof to this my last will and testament containing three sheets of paper and thus much of the fourth, to every one of them I have put my hand, and to the first and last my hand and seal, the day and year in the first sheet first above written. William Kempster . Signed, sealed, published and declared to be the last will and testament of the said William Kempster the testator in the presence of us and subscribed by us in the presence of the said testator Rt (Robert?) Haselfoot, surgeon, Elizabeth Coverly, nurse, James Smith, junior.
Probate was granted in London 3rd August 1711 to Sarah Pybus and William Kempster.
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