Descendants of William and George Phelps
Transcribed by David Phelps
British Record Society, The Index Library, V.7
Litchfield Wills and Administrations, 1516-1652
LDS Roll M-Z 1649 #0095609
Neyther Tean, Checkley, Staffordshire,
Dated: 29 May 1648
Inventory: 28 Dec 1648 (States lately deceased)
Proven: 17 May 1649
"In the name of god Amen. I Francis Phillipp of Neyther Tean in the countie of Stafford yeoman all thoughe weake & infirme, yet of good remembrance thanks bee to god for the same, doe hereby make & declare this my last will and testament in manner following.
And first I comend & comitt my soule to the tuition of my Lord & Savior Jes(us) Christ, by whose death & suffering alone I hope to be saved, renouncing all selfe conceite & merrit in my selfe, And my body to Christian buriall att the oversight of mine executors. And I dispose of that worldly estate the lord hath lent mee as followeth.
And first I give bequeath unto my kinsman Richard Loton & Richard Phillip & to their heirs for ever one anuitie or yearly rent of fifteene shillings to bee issueing and paid forth of all my lande teneme'ts hereditaments lying or being w(ith)in the Manor of Overteayne & Neytherteane aforsaid or in either of them. The said yearely rent of fifteene shillings to bee the said Richard Loton & Richard Phillipp & their heyeres yearely forever, given & distributed unto & amoungst the honest unassited poore inhabitants with in the said Mannor of Overteane & Neytherteane.
And I appoynt the said annuitie to paid unto the Richard Loton & Richard Phillipp & their heyres yearely for ever for the purpose aforesaid in or upon the second day of February.
And I doe hereby give libertie & power unto them the said Richard Loton & Richard Phillipp & their heyres to dishaine in or upon all or any of my said lands for the better obtayneing of the said fifteen shillings if the same be att anytime unpaid by the space of twentie dayes after the before mentioned day of paym(en)t ow th I doe assigne the same payable.
Item I give & bequeath the Messuage or tenem'ts wherin I now dwell scituate in Nethertane aforesaid & all other my lands tenaments herditatments what for ever lyinge or being within the Mannor of Lord Shipps of Overteane & Neitherteane or in either of them charged with this before mentioned yearely rent of fifteene shilling as aforesaid unto my Nephew & god sonne Francis Phillipp & to heyres males of his bodie begotten chid for want of such Issue
I give the same unto the heires females of my said kinsman Francis Phillipp from & immediately after the decease of the said Francis & of the heyres males of his bodie begotton with shall last happen during the tearme of five years thence next ensuring, if any of the said heyres females shall soe long hi_e chid for want of yssue females on the body of the said Francis Phillipps & fro
& after the decease of such yssue female or expiration of the said tearme of five yeares w'th shall first happen thenceforth I give the same unto Richard Phillipp brother of the said Francis & to the heirs males of his bodie begotten chid for want of such yssue I give & bequeath the same unto the heyres females on the bodie of my said kinsman god sonn Francis Phillipp to bee begotten. And for want of such yssue I give the same unto the heirs females on the bodie of my said kinsman Richard Phillipp to bee begotten. And for want of such yssue I give the same to the right heyres of mee the said Francis Phillip for ever.
Item I give & bequeath & my will & minde is that the long tables in the house, bedsheets & cubbard in the parlo(r), shalle heireloomes unto the house wherein they now stand for ever.
Item I give & bequeath unto my said kinsman Francis Phillipp the bedd bedding & bedclothes now lying upon or usually belonging unto the before mentioned bedstores standing in the parlo(r).
Item I give & bequeath unto my said kinsman Richard Phillipp the best beddstores in the house not formerly disposed of to bee taken att his own election, & the bedd, bedding & bedclothes now lying upon or usually belonging unto the bedstores so bee made choyes ob by the said Richard Phillipp.
Item I give to every of the children of my said kinsman Richard Loton five shillings and to every of the children of Jeffery Bagnold of Fulford five shillings. To my kinsman Sander Cotes thirtie shillings. To my servant William Phillipp thirtie pounds six shillings & eight pence. To my servant Margery Breene three pounds six shillings & eight pence. To my servant Alice Phillipp three pounds six shillings & eight pence. To my servant John __yawley five shillings. To every of the children of my kinsman Thomas Phillipp of the bank three shillings & four pence. To every of the children of my kinsman Thomas Cotes of Willington three shillings & four pence.
Item I give unto my kinsman Richard Phillipp a trine off ffellies & an old waynes bodye, and to my kinsman Francis Phillipp all other my husbandry wares & implements of husbandry.
Item I give t every of my god children to whom I have not by this my will formerly given any legacie twelve pence, And my funeral expenses being decently discharged, & my legacies hereby given being duly satisfied.
All other my goods, debts Cattle Chattells & p(er)sonall estate not formerly disposed of I give & bequeath unto my said kinsman Richard Phillipp & Francis Phillipp to bee equally devided amongst them att the discretion & oversight of mine executor ________ named. Provided never the lesse & it is my true intent & meaneing that whereas Anthonie Phillipp deceased my late brother did in his last will & testament will to two younger sisters of said Francis Phillipp my kinsman & unto Margerie & Mary Phillipp the daughter of my said brother Anthonie to every of theym foure score pounds.
My will & desire is that they the said Margery and Mary shall have the said pte & portion of the said Francis if they place & dispose of themselves with the consent & good likeing of Richard Phillipp their brother, & as the executor of this my last will & testamnet.
And for the more sune p'formguce of thi_ of this my will. I further hereby declare my true intent & meaning to be that if my kinsman Francis Phillipp shall hinder, deshirbe or in any sort molest his said sisters Margery & Mary or either of them in the haveing or enjoying of the before mentioned summe of foure score pounds according to the true intent of this my last will, then & thereforth my will is, and I doe hereby give & bequeath all that my p(ar)cell of land knowne by the name of the ____ unto my said kinsman Richard Phillipp & his heirs for ever discharged of & from the said fifteen shillings, & in consideration there of __ due here by appoynt the said Richard & his heirs to pay the sume of foure score pounds unto them the said Margery & Mary to either of them soemuch therof & insuch manner,
& allsuch times ore by mine _y__to shalbe thought fitte appoynted, and I doe hereby give, devise & bequeath unto my said kinsman Richard Phillipp free libertie, power & athoritie to digg sell, & _y away from in all or any p(ar)te of the p(ar)cell of land known by the name of the new close for buildinge or repair of buildings in or upon a tente in the inheritance of the said Richard scituate in Neitherteane aforesaid all the will & pleasure of the said Richard and my will & minde is that if any question scruple or doubt shalbee had or raised concerning my true intent & meaning by this my will, that the same question scruple & doubt shalbee reserved & recomended to the consideration of the executors of this my last will, & that their explanation declaration & award remaining the same shall be taken for my true meaning & as yfe of this my last will & testament
And I doe make & ordayne my before mentioned kinsfolke & friends Thomas Cotes, Jeffery Bagnold & Richard Loton sole & only executors of this my last will & testament. And I doe request every of them to take upon them the charge care & oversight that this my will may bee duely yfo__ird.
And for there better encouragement to undertake the same I hereby declare my will true intent & meaning to bee that my said executor shall out of my psonall estate bee allowed all necessary expenses & recompence for all travell & paines by them or any of them disbursed or taken for about or by reason of this my last will & testament and in wittnes that this is my last will & testament I have here unto put my hand & seale the nyne & twentieth day of May in the foure & twentieth yeare of the raigne of our Sovereigne Lord King Charles over England 1648.
Subscribed sealed and published in the p(re)sence of us
His X mark
his X mark
his X mark
Outline of above mentioned relations:
1. Francis Phillipp d. 1648 + Unmarried or widowed with no living children 1. Anthonie Phillipp (brother, deceased) 2. Richard Phillipp(brother of Francis) 2. Francis Phillipp (nephew, brother of Richard) 2. Margery Phillipp (daughter of Anthonie) 2. Mary Phillipp (daughter of Anthonie) ?. Richard Loton (kinsman) ?. Sander Cotes (kinsman) ?. Thomas Cotes (kinsman of Willington) ?. Thomas Phillipp (kinsman possibly an uncle) ?. Jeffery Bagnold (of Fulford) ?. Edward Wright (witness) ?. William Phillipp (servant/witness?) ?. Alice Phillipp (servant) ?. John __yawley (servant) ?. Margery Breene (servant) ?. John Rawlin (witness)