The will of John Hele (d. 1571)

John Hele is a 13 x great grandfather of mine.

So far as I know his complete will does not survive, but there a large extract from it quoted in his Inquisition Post Mortem. It is my transcription from the IPM that follows. (Although the IPM is in Latin, the will is quoted in English – I have not had to deal with translating).

In the //
name of god amen the xxiiiith daye of Marche in the thirtynth yere of the ragne of our sov[er]argne Ladie Elizabeth by the grace of god of Englonde Frannce & Irelonde Quene defendor of the faithe &c Anno dm 1570 I John Heale of Holbeton in the county //
of Devon yeman being of good mynde & p[er]fecte memorie thanckes be to almightie god doe make ordayne and devise this my this my last will & Testamente in manner & forme followinge First and above all I do yelde & bequeath my soule to almyghtie god //
Itm I will geve & grannte unto Will[a]m Heale thelder my Brother [full brother] for term of his lyeffe one anuytie or yerelie rente of twentie shillinges by the yere goinge out of all my landes & Ten[emen]tes in Ermyngton Ugborough & Charleton in the Countye of Devon to be payde //
yerelie at the Feaste of St Michell tharchangell soe that the same Will[a]m Heale doe suffer one Will[a]m Kyngwall of Credyton and his assignes quyetlie to have & enjoye certen landes & Ten[emen]tes in Credyton aforesayde called Cholwill duringe the lyeff of thesame //
Will[a]m Heale thesaide Kingewill and his assignes paying therfore yerelie unto thesaid Will[a]m duringe his lyeffe the yerelie rente of foure poundes over & above all rentes & chardge goinge out of thesame Itm I doe geve & grannte unto John Worth my S[er]vannt //
duringe his naturall lieffe one anuytie or yerelie rente of tenne shillinges going out of all my landes & ten[emen]tes in the p[ar]ishe of Newton Ferrys to be paide yerelie at the Feaste of Easter and for defaulte of paymente therof hit shalbe lawfull for him there //
to distrayne for the levyinge of the same duringe the saide terme Itm I will geve & grannte unto Elizabeth my wyef all my landes ten[emen]tes rentes rev[er]cons services & heredytamentes wth thapprtennces in Lueston als Luceston in the Parrishe of Holbeton //
aforesaide wch I latelie hadde & purchased to me and to my heires To have & to holde the same p[re]misses to the saide Elizabeth my wieffe for terme of her lyeffe in amendment & increace of her Joynture I geve & grannte to the same Elizabeth my sayd //
wieffe all my landes tent & Rentes revercons & heredytamentes in Dunston wth in the p[ar]ishe of Yealmeton in the Countie of Devon during suche tyme as she shall lyve sole & unmaryed and uppon condycon that she shall p[er]mytte and suffer one Richarde //
Boundes of Dunstone aforesaide quietlie to enjoye holde & occupie for terme of fourtye yeres yf he so longe lyve all suche landes & ten[emen]tes wch he nowe hathe & occupyeth in Dunstone aforesaid accordinge to a lease wch I have therof to him made by //
worde for the yerelie Rent of thirtie shillinges & eight pence and twentie shillinges for a heryott after his deceasse Itm farther I will and doe geve & grannte unto Will[a]m Heale thelder Thomas Heale Hugh Heale Walter Hele & John Heale //
my Brothers [the last 4 were half brothers] and to John Poloxfen & Roger Hurrell & to their heires the moytie or halfendeale of all my landes ten[emen]tes rentes rev[er]cons services & heredytamentes wth thapp[u]rtenances in Cutlonde or elswhere in the p[ar]ishe of Charleton in the county //
of Devon wch I latelie purchased to me & to my heires of Henry Champ[er]nowne esquier To have & to holde thesame moytie or halfendeale of thesame landes ten[emen]tes Rentes Rev[er]cons services & heredytamentes wth thapp[u]rtenances to thesaid Will[a]m //
Heale Thomas Hugh Walter John Heale John Pollexfen & Roger Hurrell theyr heire & assignes and the S[u]rvyvor of them to thonlie use & behoufe of Elizabeth my wieffe for & duringe the terme of seven yeres next after my decease yf she //
lyve soe longe & be unmaryed, and yf my saide wieff be nowe wth childe wth a man childe then after thesame terme exspired or otherwise determyned then to thonlie use of thesame man childe and of the heires males of his bodie lawfullie begotten or to //
be begotten and for defaulte of suche yssue to thuse of the righte heires of me thesaide John for ev[er]more Itm I wyll geve & grannte unto thesaide Thomas Heale & other his saide codevysees all my landes tentes Rentes revercons services and //
heredytamentes wth thapp[u]rtenances wthin the p[ar]ishe of Ermyngton nowe in the tenure of Thomas Egcombe & Alice his wieffe To have & to holde the same to thesaide Thomas Heale & his saide codevysees and to their heires to thuse of my //
saide wieffe for one yere to begynne Imedyatly after my decease; and after thesaid yere ended yf my saide wyeffe be wth childe wth a man childe then to thuse of suche man childe for terme of his naturall lyeff yeldinge therfore yerelie unto theires [the heirs] of me //
the saide John Heale foure poundes of lawfull mony of Englande at foure termes of the yere by even porcons and after the decease of such man childe then to thuse of the righte heires of me thesaide John Heale forev[er]more Itm I wyll geve & grannt //
unto ^ {the said} Thomas Heale Hugh Walter & John Heale My Brothers John Pollexfen & Roger Hurrell aswell all & singler thesaide Messuages landes & tentes in Lueston als Luceston & Dunston aforesaid after thestate & interest of my sayd wyeffe ended and //
expired as also all other my Messuages landes ten[emen]tes Rents rev[er]cons services & heredytamentes wth thapp[u]rtenances in Charelton Torre Cutlond Ugborough Ermyngton Yealmpton Brixston Wemburie Holbeton Newton Ferrys Dartington Harberton and //
Hartlonde or elswhere in the countie of Devon wch I have of my estate of inherytance or for terme of yeres To have & to holde thesame Messuages landes tentes & heredytamentes wth thapp[u]rtenances to thesaide Thomas Hugh Walter John Hele John //
Polloxfen & Roger Hurrell and to their heires for [&] duringe the terme of tenne yeres to begyn next & im[m]ediatlie after my deceasse to the uses intentes & consideracons hereafter expressed & declared That is to wete that thesaid Thomas Hugh Walter John Heale //
John Pollexfen & Roger Hurrell shall pay & de[rec?*]te out of thyssues & proffyttes of the p[re]misses duringe thesaide terme to Walter Heale my Sonne asmuche mony yerelie wth the Revenues & proffittes of suche landes & tentes wch he hathe or shall have after //
my decease for terme of lyefe or otherwise of my P[ro][c]urement as shall or may be thoughte & adjudged suffycyent & reasonable by my overseers of the most p[ar]te of them for & towardes his mayntenance & fyndinge to Schole or learninge And also that thesaide //
Thomas Hugh Walter John Heale John Pollexfen & Roger Hurrell shall paye or cause to be payde out of the yssues & proffittes of thesaid landes & tentes before to them lymytted all & everie suche som[m]e & som[m]es of mony as I at the tyme of my decease shall //
owe or be indebted unto any p[er]son or p[er]sons And farther [that?*] thesame Thomas Hugh Walter John, John Pollexfen & Roger Hurrell after my debtes paide shall pay or cause to be payde out of thyssues & p[ro]ffittes of thesaide landes & tentes to ev[er]y of my daughters //
that shalbe unmarryed and to everie of my daughters that shalbe unborne at the tyme of my decease and in their marriage shall & wilbe ruled by my wieffe & overseers or the moste p[ar]te of them to ev[er]y of them the some of one hundred poundes of lawfull mony //
of Englond to be paide at their sev[er]all dayes of marriage or [as?*] sone after as thesame may be receyved gathered & levyed out of the landes & tentes therfore chardged in mann[er] & forme aforesaide And yf any of my daughters wch shall not be marryed at the tyme //
of my decease be not ordered & ruled in her or their marriags by my wief & overseers or the most p[ar]te of them That then thesaide Thomas Heale & his sayde codevysees and the S[u]rvyvor of them shall pay or cause to be paide out of thyssues & proffittes of thesaid //
landes & Te[neme]ntes before to them devised to her & every of them that shalbe soe marryed but the som[m]e of twentie poundes to be paide at her or their daye of marriage or assone after as thesame may be hadde & receyved out of the landes & tentes as ys aforesayde And //
to this farther use & intente that after my saide Sonne Walter Heale shall accomplishe thage of twenty & foure yeres and my debtes paide and also thesaide severall somes of mony levied & receyved by thesaide Thomas & his said codevysees appoynted forth //
marriage of my sayd daughters That then thesaide Thomas and his saide codevysees or the survyvor of them shall yelde & geve accompte to my saide sonne Walter Heale of all suche yssues & proffittes as they & every of them shall levye or receyve of th[e] //
foresaide landes & tentes over & above the foresaide severall chardges & devises above appoynted And that yf thesaid Walter Heale my sonne happen to dye before he do accomplishe thage of xxiiiier yeres or before my debtes payde or before the said severall somes of mony levyed gather[ed] //
or receyved by thesaide Thomas & his sayd codevysees for the marriage of my saide [daugh?*]ters as is aforesaide that then thesaide Thomas & his said codevysees after my debtes paide & after the foresaid sev[er]all somes of mony levyed for the marriage of my saide daughters shall geve an accompt //
to the heire or heires of me thesaid John Hele when he or they shall come to tha[ge of x?*]xi yeres for all suche som[m]e or som[m]es of mony as shall remayne in their handes of thissues & proffittes of the saide landes & tentes over & above the foresaide sev[er]all chardge & burdene before appoynted //
according to the right & porcon of suche heire or heires being of that eage of xx[i yeres?*] And farther I will geve & grannt yf my Sonne Walter Hele dye wthout yssue of his bodie lawfullie begotten then my foresaide brother Will[a]m Hele thelder shall have during his lyef one //
anuytie or yerelie rent of fortie shillinges yerelie to be paide out of all my landes & tentes //
[end of extract]

// – line break

* – word / part word hidden by crease in parchment, that in [ ] is my guess, hence the ? – it may not be right

I do not know where the will was proved. Even Vivian only refers to it being recited in the IPM, so the will may have been lost many years ago and not in the WW2 bombing.

TNA ref (for IPM): C 142/160/25, © Crown copyright


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