| Description | Probate with copy will annexed and two paper copies of the will of Sir Thomas Posthumus Hoby of Hackness, Kt.
Revokes former wills, gifts and grants, excepting one deed of gift made to cousin John Sydenham and dated 21 November 1635 To be buried in chancel of parish church of Hackness, without any superfluity of costs, next to the body of his most dear and only wife Lady Margaret
George Hicks, clerk, parson of Leesham, Francis Proude, clerk, preacher of Gods word in parish of Hackness, and James Moore of Angram Grainge, appointed executors in trust for cousin John Sydenham, eldest son and heir of John Sydenham late of Brimpton, Somerset, deceased and Alice Sydenham who was the daughter of William Hoby late of Hales, Gloucestershire deceased, until Johns majority or death. On reaching 21, the executorship to cease and John is to become executor, the previous executors delivering an account to him and delivering all goods and moneys remaining in their hands; and besides travelling and other expenses. They are to meet every six months, before supervisors of the will, and declare their accounts and leave the same with John Sydenham and inform John of what will become due to him. George Sydenham, brother to John, until he reach 21, to be advised and directed by executors concerning his education and if possible he to be present at production of accounts as mentioned above; if John should aie without issue, George becoming executor; and should they both die, their two sisters to be executrixes
Appoints friend Robert Barwicke of York, counsellor at law, Supervisor, advising executors and keeping accounts
Bequeaths to Mr Barwicke £40
Reciting that he is desirous to be beneficent to his late wifes relatives and has previously settled and conveyed certain lands, parcel of the manor of Hackness, on John Chapman and his heirs upon trust that Sir Thomas Posthumus Hoby may distribute several sums of money to his late wifes relatives as a remembrance, the most part of which money has already been paid as appears by quittances received by Sir Thomas, and concerning which land Sir Thomas has obtained a decree in the High Court of Chancery in Michaelmas Term last against the above John Chapman, whereby a certain portion of land specified in the decree ought to be reassured to Sir Thomas and his heirs, but is not yet done
His will and mind now is that in case he should die before making such assurance to John Sydenham, the latter is to hold the lands for his own use, and as concerns the residue of the sums of money not yet paid to his wifes kinsmen; confesses his personal estate is best fitted to be charged with the sums and charges same to be distributed as appears below in his will
Bequeaths to all the executors £20 each, and to John Sydenham, executor as above, the Flagon bracelet of gold with the picture of testators wife attached to the same, which testator will continue to wear on his arm until his death; also another picture of his late wife set into a box of ivory or elephants tooth with a piece of crystal to keep it from dust; the bracelet to be carefully preserved by executors and delivered to John Sydenham or to his wife
To cousin Mary Sydenham, one of the sisters of John, £100 payable within one month from testators decease
To Johns younger brother George, £300
To all menservants working in the house for yearly wages at time of his death, as labouring men or husbandmen, or serving men, three years wages and the same to women servants, payable within six months of his death
The above servants to be allowed to stay in the house for a month after his death
Executors to pay all legacies in will or in Schedule at foot of will within one month
Residual realty and personalty to executors upon trust for cousin John Sydenham
Signed: T Posth Hoby
Witnessed: Francis Lutton, James Danby, Edward Todd, Jeremia Cockerill, John Beswick
Schedule of legacies to kindred and friends of testators late wife:
To Heaster Dakins, one of the daughters of Robert Dakins £30 (unless testator has given it to her in his lifetime)
Will dated 28 March 1640
Probate 7 September 1646 |