11 May 1688 Will of Nicholas Efford of Poole, merchant (proved 3 January 1690)

Source: TNA, PROB 11/399

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In the name of God Amen
I Nicholas Efford senr of Poole in the County of Dorsett Merchant altho
being a little indisposed in body yet being of sound and perfect mind
and memory (for which great mercy I desire to be thankefull to Almighty
God) doe thus make and ordaine my last will and testament (If soe be
it please God to take me hence before the returne of the good shipp the 
Concord now in a voiage at Newfoundland Mr Nicholas Efford junr being
the Master) in manner and forme as followeth (vizt) First and principally
I comend my soule into the hands of Almighty God hopeing thro the 
meritts of the Lord Jesus Christ to obtaine full remission of all my sinns
and to be made a partaker of eternall life and my body I comitt to 
earth from whence it was taken to be decently buryed by the care of 
my Executors hereafter named and as touching the disposall of my temporll
goods and Estate I doe order and dispose thereof as followeth Imprs I doe 
give and bequeath my Plantation in the Bay de Verds in Newfoundland
with all the rights and priviledges and appurtences thereof to Joan Fabian
of Poole widdow to her her son Joseph Fabian my servant and now at prsent 
belonging to the good shipp the Concord afforesd And to Thomas Amey
my late servant now belonging to the beforenamed plantation in New
foundland to be justly and equally divided as to all the conveniences and 
profitts thereof betweene the said three parties and to be and remaine 
to them and their heires for ever And likewise I doe give to the said Joan
Fabian Joseph her sonne and Thomas Amey all the profitts and benefitts 
that shall accrew from the said plantation in this present voyage that
is now in makeing to be equally divided between the said three parties
after that the men therein employed be paid and discharged Item I doe
give and bequeath my dwelling house scituate in Poole aforesaid with
all the Cellars outhouses appurtenances and priviledges thereunto
belonging unto the abovesaid Joseph Fabian and to my present servant
Mary Deveret to be and remaine unto the said Joseph and Mary and 
to their heires for ever provided that the said Joseph and Mary shall marry
together and have Issue but on want of Issue betweene the said Joseph and
Mary then on their decease the said house with all its appurtences shall
descend unto the eldest sonne of my kinsman Christopher Reeks of the Town
of Poole Mariner and to his heires forever But if hee shall dye without


Issue then it shall descend to the eldest sonne of John Millet and to his heires
forever And if he shall want Issue then it shall descend unto my kinsman
Thomas Wadham the eldest sonne of Thomas Wadham of this towne Mariner 
and to his heires forever or if he shall want Issue then it shall descend unto
the eldest sonne of William Hooper of this Towne Baker which was borne
unto him by Joan Millet his late wife to remaine unto him and to his
heires forever And if it shall so happen that the alsoe shall want Issue
then it shall remaine unto the poore of the Towne of Poole to be disposed
of for the good of the said poore at the discretion of the Overseers of this my
will and Testament and on theire decease at the discretion of those whome 
they shall appoint for this end and purpose But if it shall soe happen
that the abovesaid Joseph Fabian shall not returne home but shall dye in
this voyage in which he is now employed Then I doe give my said house 
unto John Cleeves the sonne of Mrs Cleves widdow of this Towne and to my
said servant Mary Devert on the same termes and condicons as unto the above
said Joseph and Mary and if they dye without Issue then to descend as before 
expressed Item all my household goods whither within or without I do give 
and bequeath unto my Executors herein after named except what shall
herein by me be otherwise disposed of all which goods shall be and remaine
in my now dwelling house till the returne of the abovesaid Joseph Fabian
home from his Voyage. Item I doe give and bequeath to my present servant
Elizabeth Biddlecome all my right and title to that dwelling house and
garden with all the appurtences there belonging which is now in the
tenure and occupation of Thomas Amey and John Strong (which house
I purchased of the Overseers of the last will and testament of Mrs
Elizabeth Bampton late of this Towne) to enjoy the same dureing the lease
of the said house if she shall soe long live but if she shall dye before the 
expiration of the said Lease then I doe bequeath it for the remaineing time 
of the Lease unto the eldest sonne of William Hooper aforesaid which he had
by his late wife Joan Millet Furthermore I doe give unto the said Elizabeth
Biddlecome Ten pounds in money with the Bed and bedsted on which I now
lye with the blanketts Pillows Curtains Fallings and everthing else that belongs
unto it with two paire of good strong sheets the little pot and kettle two
pewter Platters with all other necessaryes for her to keep house to her
delivered unto her within three moneths after my decease Item I doe give
and bequeath unto each of the children of my Kinsman John Millet above 
said Five pounds to be paid them within three moneths after my decease 
Item I doe give and bequeath unto each of the children of my Kinswoman
Mary Wadham wife of Thomas Wadham senr abovesd Five pounds to be 
paid within three moneths after my decease Item I doe give and bequeath 
unto each of the children of my kinswoman Dorothy Reekes wife of Christopher
Reeks aforesaid Five pounds to be paid within three moneths after my decease 
and to the said Dorothy herself tenn pounds to be paid at the same time Item 
I doe give unto each of the children of William Hooper aforesaid which he had
by my kinswoman Joan Millet his late wife Five pounds to be paid within
three moneths after my decease Item I doe give bequeath and resigne up to 
my kinswoman Mrs Elizabeth Scutt widdow all the bonds bills and obligacons
of what kind soever whereby she is bound and obliged unto me to be delivred
unto her and shee to be fully acquitted and discharged of them all as
likewise all her goods which is now in my house freely to be delivered to her or
her order within three moneths after my decease. Item I doe give unto
Jane Orchard the Grandaughter of Mrs Jane Orchard Five pounds


And doe likewise resigne unto the said Mrs Orchard for the use of her 
said Grandaughter all the goods that shee the said Mrs Orchard has now
in my house freely to be delivered to her or her order for the use aforesaid 
and this to bee PERformed within three moneths after my decease Item I doe
give unto Mrs Elizabeth Simmons the wife of Mrs John Simmons of Corff Castle
Five pounds and to her daughter Miller Five pounds to be paid within
three moneths after my decease Item I doe give unto Gillian Strong who was
formerly the wife of my late brother James Efford and now the wife of William
Strong of this towne Five pounds to be paid within three moneths after my
decease I doe give unto Jane Sistan the wife of Thomas Sistan of Parkson
the sume of Five pounds to be paid within Three moneths after my decease
Item I doe give unto Elizabeth Axel of Shaftsbury in this county Five pounds
and to her sonne Thomas Five pounds and to each of her other children 
twenty shillings to be paid within three moneths after my decease Item
I doe give unto Elizabeth Amey the daughter of my late servant Thomas
Amey abovesaid five pounds to be paid within three moneths after my
decease Item I doe give unto the poore Inhabitants of this Towne of Poole
Tenn pounds to bee distributed among them by the Overseers of this my
will and Testament within Two dayes after my Funerall Item I doe hereby
constitute and appoint Joseph Fabian aforesaid and Mary Deveret aforesd
joynt Executors of this my last will and Testament and doe likewise request
and hereby depute my loveing Freinds Mr John Holland Collector of 
his Maties customes in this Town John Russell Clerke Minister of this 
towne John Millet aforesaid Scrivener Mr Henry Sands of London
Furrier and Elizabeth Biddlecome aforesaid my present servant to be 
Overseers of this my last will and Testmaent and to advise and assist my
said Executors in performing and executing all the severall bequests and 
Legacyes by me herein made according to the true intent and meining of 
it and doe likewise ordaine that they or any three of them shall take
care of the performance of this my will and Testament And in 
compensation of the trouble that they may undergoe in takeing care of the
performance of this my will and testament and in adviseing and assisting 
my said Executors in the execution Therefore I doe give and bequeath 
unto each of the before named Overseers Five pounds to be paid them by 
the abovesaid my Executors after all my the other Legacies are paid and 
discharged which are to be paid within three moneths after my decease 
Item I doe give and bequeath unto my Kinsman Nicholas Efford now
Master of the ship Concord the sume of one hundred pounds to be paid by 
my abovenamed Executors within Three moneths after the returne of the
said ship the Concord or the bill of the Voyage Also I doe give him my seale
ring my largest silver bowle and largest silver Tankard to be delivered 
within three moneths after my decease Item I doe give and bequeath unto
John the eldest sonne of my Kinsman John Millet the sume of one hundred
pounds to be paid him when he shall arrive at the age of one and twenty 
yeares and doe appoint that the use of the said Hundred pounds viz six
pounds PER ann be paid every halfe yeare after my decease the Father
or mother of the said child for the use and behoofe of the said child but
if it shall soe happen that the said child shall dye before he arive at the 
age of one and Twenty yeares Then I doe give the said hundred pound
unto the eldest sonne of my Kinsman Christopher Reekes aforesaid 
Item all the rest of my goods or estate be it of what kind or nature soever
I doe give and bequeath unto my above named Executors of this my


Last will and Testament whom I doe hereby charge to be kind and 
charitable unto the poore and to give them as I have ?? formerly done to
pay and discharge honestly all the Legacyes herein by me given and all
other my just and lawfull debts if any such shall be And I doe hereby revoke 
disannull and make void all former wills and testaments by me here-
tofore made and likewise do make void the second section of this present 
will and testament which is now by my order canceld and obliterated 
which did begin with these words (Item I doe give and bequeath unto my
Kinsman Nicholas Efford Junr &c) and did end with these words (to any
other person whatsoever) And likewise I doe hereby confirme and approve
the interlineation of these words (John Cleeves the sone of Mrs Cleeves widdow
of this Towne) in the Third section of this my will and alsoe the words each
in the eighteenth section of this my will In witnesse whereof I the said Nicholas
Efford senr to this my last will and testament being contained in one and 
Twenty sections as they appeare noted in the marge at of which the second
is utterly canceld and made void have set my name and seale the eleventh
daye of May i the Fourthe yeare of the reigne of our soveraigne James
the second by the grace of God of England Scotland France and Ireland
King &c and in the yeare of our Lord one Thousand six hundred eighty
and Eight  Nicholas Efford  Memorand these words (the returne of the 
said shipp the Concord or the bills of the voyage) were interlined before the
sealing of this will and Testament. Signed sealed and published in the
presence of us Mary Shotter Honor Cooper her marke John Russell
James Standard Elizabeth Bidelcome the marke of Elizabeth Amey

Probatum fuit ... apud London
[this paragraph continues in Latin to grant probate on 3 January 1690]
Tertio
die mensis Janii Anno Dni Millimo sexcencimo Nonagesimo 
[to]
Maria Fabian als Deverett 
[and]
Joseph Fabian




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