William Lyster is a 10 x great grandfather of mine.
His will has a small comment in the margin next to the probate statement; this is invaluable in showing that William was the father of the Elizabeth Lyster who, shortly after his death, married William Halke.
Line breaks are as in the register copy, not indicated by ‘/’ which are as in the document.
Draft transcription – not checked for typos and other errors – and not yet linked to tree
In the name of God: Amen. The Foure
and Twentith daye of Maye in the One and Fortith yeare of the raigne
of our soveraigne Ladye Elizabeth by the grace of God Queene of England
France and Ireland, Defender of the Faythe &c: I Willyam Lyster of
Appledor in the Countye of Kent yoman, beeing of perfect, and good remembnce
thankes bee geven to Allmightie God doe make this my presente will and Testamt
in manner and forme followinge ./ Imprimis I comend my soule to the Allmightie
God and to his sonne Jesus Christ my onely redeemer and saviour by whose death and
passion I trust to be saved ./ And my bodye to be buried where it shall please God I
doe departe this mortall lyfe./ Item I geve to the poore people of Apledor the some
of Twentye poundes to be payd Fortye shillinges every yeare for the space of Tenne
yeares, and the first payment to beginne at Christmas next followinge after my
decease halfe yearelye to be payd by my Executor ./ Item I geve to everye of my
men servanntes, and mayde servantes Twentye shillinges a peece over and above their
wages which then at the tyme of my decease shalbe due unto them / my mynde is that
it be payd at the end of their yeare yf they staye out their yeare, and if my Executor
be not myneded to keepe them so longe, if not then when thay goe awaye yt to be payd
by my Executor./ Item I geve to my sister Ellynor Watts Twentye shillinges a yeare
duringe the naturall lyefes of her, and her husband, Edmund Watts of Harrison [Harrietsham – note, PCC will so scribe may not have known Kent places] in the
countie of Kent, And my mynde and will is, if my sisters husband shall departe this
mortall lyef before my sayd sister, Then my sister to have yerely duringe her naturall
lief the some of Foure poundes to be payd her Quarterlye by my Executor, and yf
that shee or he shall not be payd as aforesayd, Then I will shee or he shall by vertue of
this my will, distrayne uppon anye of my landes, and to with hould the distresse
either by sale, or otherwise, till they be fullye satisfied accordinge to my will./ Item
I geve to everye one of my sayd sisters children the some of Three poundes apeece
as they shall severally come to the age of One and Twentye yeares, and somany
as be of age, to be payd at midsomer next followinge after my decease, And further
my mynde and will is, wheras Marke Horolston als Hilston of the parrishe of
Barham my brother in lawe standeth bounde in a bonde of the some of Fourescore
poundes or theire aboutes yf therefore my sayd brother in Lawe doe well and
trulye pay, or cause to be payd unto my Executor the some of Three and
Twentye poundes, Six shillinges eighte pence of lawfull money of England
due unto me, And allso Thirteene poundes sixe shillinges eighte ^ {foure} pence lykewise
lawefull money of England for and concerneng a Legacye due to one Gregorye
Watts of Lydd sonne of Gregory Watts of Apledore deceased when the said Gregory
shall come to thage of One and Twenty yeares, or if he be of age before my
deathe, Then within One quater of one yeare after my decease, Then my
Executours or Executor to redelyver to my said brother in lawe his sayd
band./ Item I bequeathe to Elizabeth Lister my wife All her wearing
apparrell aswell woollen as Lynnen, and all my houshouldstuff whatsoever
And my said wife to bestowe on my said chilldren what shee shall thinke best
[p.2]
at her will and pleasure./ Item I geve to my said wyfe my graye ambling nag
with the saddle, brydle, and all other furnyture thereunto belonging./ Item I
geve to my said wyfe All my hoggs, geese, Ducks, and poultry about my nowe
dwelling house whatsoever./ Item I geve to my said wyfe Fyve Seames of
wheate marchant of the best, and Fyve seames of barlye or maulte at her choise
and Forty bzs? [bushells?] of Otes./ All which said Corne to be delyvered by my Executor
wthin one moneth after my decease./ Item my mynde and wyll is, That my said
wyfe to have the gardianshippe, and bringing upp of my Two chilldren tyll they
shall come to the age of One and Twenty yeares, or at their daye of maryage
which shall happen firste./ Item all the rest of my moveable, and unmoveable
goods unbequeathed I geve and bequeathe unto my Two Daughters Elizabeth and
Agnes, which my mynde and will is should be sould to the best value, as it shall be
praysed by Fower honest men, And within Two yeares nexte after my decease,
And my minde is my Executor shall purchase so muche lands to the use of my
said Two Daughters and their heires as thoverplus of my moveable goods shall
amount unto. And for defaulte or purchasing so much lands, the money to be
putt out to proffytt for my said Two daughters to the best use untyll they shall
accomplishe their ages of One and Twenty yeares, or daye of maryage whiche
shall firste happen ^ {first} And then to paye yf and they proffytt./ My mynde and will
further is That my wife, her heires & Executors. Admynistrators., or assignes shall
not at any time fell waste or cutt downe any of my Acre woods, nor any of my
tymber trees standing uppon any of my Lands whatsoever./ my minde and wyll
is; That my Executors shall provide all necessaryes for the fynishing of my
newe buylding at Tenterden, and furnishe the same within one yeare nexte
after my decease./ Item I geve to every one of my godchildren Three shillings
foure pence to be paid within one yeare nexte after my decease by my Executor
Item I will my Executor shall paie unto my said Daughters every haulf yeare
Forty shillinges to either of them, and that yearely untyll they shall accomplishe
the age of One and Twentye yeares, or daye of maryage out of my said Goods./
Item I geve to one Gillian Marshall my kynswoman, sometymes the wife of one
John Widowes of Brensytt the some of Three pounds to be payd at midsomer
nexte following after my deathe, and the keeping of her Twoo kyne whiche shee
sent me untyll michellmas nexte being in 99 &c(?) ./ And then to have them
againe if they live ./ Item I geve to Robert Piper of Iden my servante so
that he doe continue his yeare accordinge to his bargayne the some of Twenty
shillinges, to be payd him at the end of his yeare or as my other servantes are
to have theires ./ Item my mynd and will is my wyfe to have her dwellinge in
my now dwellinge howse untill Michaellmas next ./ My mynd and will further
is that whereas I stande bounde in Recognizannce ^ {un} to George Chute the elder
esquier in the some of Twoe Thowsand poundes for the paymente of certayne
legacies unto John and Mathewe Sloweman the sonnes of John Sloweman of
Breed in the Countye of Sussex deceased due at their severall ages of One and
Twenty yeares by the gifte of Pascall Sloweman late of Apledore deceased, and
allso to accompte and paye unto the said John Sloweman after Sixe pounds
in the hundred by the space of so many yeares as he the said John shall come to
the said age of One and Twentie yeares./ And my minde and will further is
That my Executor shall sell so much of my Goods within one yeare nexte
after my decease, as shall satisfie the sayde Recognizance, and proffytt thereof
which shall then be due, So as he allowe for the proffytt of the sayde money
after Sixe pound of the hundred for the tyme he hathe yt as I doe to the
use of the said John Sloweman, and Mathewe Sloweman to be paid, and
[p.3]
delivered to the sayd George Chut esquier so as the said George shall redeliv[er]
the sayd Recognizance cancelled with a sufficient discharge in Lawe to discharge
my heires and Executors, agaynste the sayd John and Mathew Slowman
And if the sayd George Chut shall refuse soe to doe then I will my Executor
shall put the sayd money forth to the use for the satisfienge of the said John
and Mathew Slowman, and the profitts therof as the sayd George Chut
should have doune when they shall accomplish the age of One and Twentye
yeares./ Item I geve unto my wyfe somuch Legges, and Fagotts for fyer as shall
be requiset to be used untill Michaellmas next./ Item I geve my sayd wyfe
Three of my best Kine at her choyse and the keepinge of them, and her horse, hoggs
and Poultrie &c geven to her, at my now dwellinge house, and on the landes to the
same belonginge, untill the feast of Saynte Michaell the arke angell next after
my decease,/ As concerninge my landes Tenementes and Heriditamentes, This is
the last will and Testamente of me the sayd Willam Lister./ First I bequeath
unto Elizabeth my wyfe all my howse and Tenemente with the landes thereunto
belonginge at Burrowes Isle lyinge with the parrish of Tenterden for the
tearme of Fyveteene yeares next after my decease to be accomplished yf shee so
long lyve, and yearely Thirty Loades of woodd during that tyme to be hadd to her
use, and to be felled out of the Landes of that Tenement at the appoyntement of my
Executor in regarde of her joynture and towardes the education and bringinge up of my
Two daughters untill their age of One and Twentye yeares or day of marriage./ Allso
I will and bequeath unto my said wyfe the some of Twentye poundes by yeare to
be payd halfe yerelye Tenne poundes by my Executor so longe as shee shalbe chardged
with the education and bringinge upp of my sayd daughters./ Item I geve and
bequeath to my wyfe all Juells, silver, and Gould, as shall be in her owne custodie
excepte my silver spoones which be in number One and Twentye which I will
shalbe equallye devided betwixte my sayd wife and my Twoo daughters, And my mynde and
will is my wyfe to have the custodie of all the sayd sylver spoones untill my sayd daughters
shall come to the age of One and Twentye yeares or day of marriage./ Item I will
bequeath to my sayd Twoe daughters all my landes Tenementes and Heriditamentes
to be had to them and theire heires for ever equally to be devided betweene them when the
sayd Agnes my daughter shall accomplish the full age of One and Twentye yeares
excepte the howse and land before given to my wyfe for fiftene yeares, The sayd
Elizabeth and Agnes my daughters to be payd the profitt of my landes by my Executor
when thay or eyther of them shall come to the age of One and Twentye yeares or day
of marriage so farr forth as it shall amounte unto them my mynde is that if any of my
daughters dye without heires of their bodyes, one to be thothers heire./ And yf my sayd
daughters Elizabeth and Agnes departe this mortall lyfe before they shall accomplishe
the age of One and Twentye yeares, and without heires of their bodyes lawfullye
begotten, Then my mynde and will is all my landes Tenementes and Hereditamentes
in Tenterden and Appledore shall remayne unto my sayd sister and her heires of
her bodye lawefully begotten for ever, excepte the howse landes and hereditamentes before
geven unto my wyfe which I will shee shall have duringe her naturall lyef yf my sayd
daughters shall die without issue./ Item I geve unto Willam Curtes of Tenterden
Jurat Twentie poundes, who I doo ordayne and make my Executor of this
my laste will and Testament to receave my goods, and detts, and the profittes of
my landes unbequethed unto my wyfe and to pay my debts, and legacies and to
bring my bodye to the earthe where yt shall plese God./ And my said Executors
entring into bond unto George Chute esquier within one yeare in such certen
somes of money as shall seeme meete and convenyent by the said George Chute
[p.4]
That they shall yeeld a inst accompte of the ^ {my} said moveable goods, and proffytt of my
Landes to my said daughters at their severall ages of One and Twenty yeares or daye
of maryage which shall first happen, whom I doo ordaine and make my Overseer of
this my last will and Testament, and doo geve him for his paines a gelding woorthe
Tenne poundes or Tenne poundes of lawefull money of England at his choise./ In
witnes whereof I have sett my hand and seale the daye and yeare first above wrytten
wytnesses at the making and delivery./ By me wylliam Lister./ John Hopton / Robert
Wolball / George Curtis./ This is a Codycill to be annexed unto the last will
and Testament of me the said Willyam Lister declared the daie and yeare abovesaid
The will is followed by an unusual looking probate statement, which I have not yet transcribed. (In Latin of course, but it does not begin ‘Probatum fuit …’)
Alongside this in the margin is written a note, which starts reads :
xxvii Novembris 1600 ?? comissio
Boys Ower et Willmo Halk maritis
Agnets Lister et Elizabethe Lyster
filias de def[unct] …
[I think the note refers to Boys and William being sworn to administer the will]
The will was proved in the Prerogative Court of Canterbury and is held at TNA.
This is a transcript of the register copy, TNA ref: PROB 11/93/427 (more details about source on William’s page)
(viewable online for a small charge from Discovery, or through a subscription to Ancestry or TheGenealogist).
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The will of William Lyster (d. 1599) — No Comments
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