In the name of God Amen This second day of November in the year of our Lord One thousand seven hundred and six I Thomas Fetherston of Packwood in the county of Warwick Esq being in good health and of a sound perfect and disposing mind and memory praised be to God for the same do make this my last will and testament as followeth First I bequeath my soul unto Almighty God my creator for hoping by the death and passion of my blessed Savior to inherit it & for all Salvation I commend my body to the earth and desire to be decently buried in the new vault or repository I made in Packwood Church next to the north wall of the church and on the south side of the said vault on the right hand so soon as it is down the steps of the vault And as ------- and concerning my temporal estate where with it hath pleased God to bless me . I dispose thereof as followeth . That is to say I give devise and bequeath unto my loving wife Joan one annuity or yearly --------- of one hundred pounds to be issuing out of all my lands tenements and hereditaments to be paid her quarterly by even portions at the four most usual feasts in the year [viz] St Thomas the Apostle, The Annunciation of Our Blessed virgin Mary, St John the Baptist and St Michael the Archangel , the first payment to be made on the feast day which shall first happen next after my decease and that without any abatement of or for anymanner of taxes or other matter whatsoever with liberty of distress or distresses for nonpayment thereof and all here----ways and means that by law can be granted for obtaining of an annuity Item I give and bequeath unto my loving brother William Fetherston all my lands tenements and hereditaments whatsoever for and during the term of his natural life Subject nevertheless to the said annuity of one hundred pounds and from and after his decease I give and bequeath the lands tenements and hereditaments unto my said brothers grandson and my great nephew Thomas Fetherston and the heirs males of his body to be lawfully begotten subject nevertheless to the said annuity and for want of such is no to my own right heirs for ever then I give devise and bequeath unto Anne Fetherston sister of the said Thomas Fetherston the sum of two hundred pounds of lawful English money to be paid her within two years next after the death of me and my said wife Joan Item I give and devise unto Arabella Fetherston another sister of the said Thomas Fetherston the sum of two hundred pounds to be paid her at the end of four years next after the death of me and my said wife Item I give and bequeath unto Frances Fetherston another sister of the said Thomas Fetherston the sum of two hundred pounds to be paid her within six years next after the death of me and my said wife Item I give and bequeath unto Dorothy Fetherston the youngest sister of the said Thomas Fetherston the sum of two hundred pounds to be paid her within eight years next after the death of me and my said wife And my will is that the annuity and legacies hereinbefore given shall not be and go in augmentation of any annuity or legacy already settled or to be so thereby any deed of mine but shall only be for the corroborating such deed or deeds if any is or shall be made but if no such deed hath been nor shall be by me made and executed Then the said annuities and legacies hereby given shall stand good by virtue of this my will only Item my further will is and I do further give devise and bequeath unto my dearly beloved wife Joan the sum of one hundred pounds of lawful money to be paid her within three months next after my decease by my trustees and executors herein after mentioned Item I give and bequeath unto my said loving wife Joan the purple bed and furniture of the chamber over the great parlour or the bed and furniture of the chamber over the hall or which of them she shall think fit to take and to use Item I give and bequeath unto my said wife the red bed and furniture of the ------ chamber over the little parlour Item I give and bequeath unto my said wife all gold rings jewels locketts and all the goods and furniture of and in her closet and the lesser silver tankard Six silver spoons and silver sugar box the silver castor? And the silver mustard box or pott the silver chafeing dish one silver plate two silver pottingers and all my linen in the house of what kind or sort soever it is and my further will is that if my said wife shall think fit to keep house and not forbear? & that then I give and bequeath unto her all such growing vessells as she shall make the use of for her her?[own] use Five brass potts five brass kettles six pewter dishes twelve plates and three cows of all which she shall make choice and take Item I give and bequeath unto my wife’s two nieces Joan Woodward and Elizabeth Woodward the sum of ten pounds apiece to be paid them within six months next after my decease Item my further wish is that the said Thomas Fetherston shall be maintained and educated out of the estate hereby given unto my brother William Fetherston until such time as he shall be fit for the University of Oxford which maintenance education and livelihood shall not exceed the sum of twenty pounds per annum and be paid quarterly as the said annuity is to be paid and when he shall be so fit for the University that then my will is that he shall have such allowance out of the said estate as Joseph Woodward Doctor of Civil Laws in Oxford and Edward Welshman Rector of Lapworth in the said county of Warwick and the survivor of them shall think fit in discretion to allow And in case my said brother William Fetherston shall not only pay such allowance and maintenance That then my said trustees Joseph Woodward and Edward Welshman shall and may distrain for the same and the distress and distresses so ----- after one week to sell and thereof to satisfy and pay such allowances as aforesaid and return the overplus if any be unto the said William Fetherston or his tenants after the charges of such distress and distresses shall be paid and discharged Item I give and bequeath unto the sad Joseph Woodward and Edward Welshman twenty shillings apiece to buy them rings and my will is that nothing herein bequeathed shall charge or hinder the payment of the said one hundred pounds annuity Item my will is and I do hereby give and bequeath unto all my menial servants who shall be living with me at the time of my death one halfyears wages apiece over and above their years wages for which they are hired to me and whereas I usually have a boy living with me for clothing without wages I do hereby give and bequeath unto such boy that shall be living with me at the time of my decease the sum of twenty shillings then my will is also that in case of Anne Sadler who now dwelleth with me be not continued to dwell in my house I now live in and be not by my executor provided with clothing and victuals ? as she now is Then I give her the said Anne Sadler the sum of three pounds per annum to be paid her during her life by four quarterly payments upon the said usual feasts or dates the first payment to be made her upon the next quarter day after she shall be discontinued from dwelling and being provided for as aforesaid provided the parishioners of Packwood do continue the payment after her collection of four pence per week otherwise devise to her of the said three pounds per annum to be void then I give and bequeath unto the poor of the parish of Packwood the sum of ten pounds to be distributed at the discretion of my executors and trustees Item all the rest and residue of my personal estate whatsoever hereinbefore not disposed of I give and devise unto the said Thomas Fetherston whom I make sole executor of this my last will Item I do make my said brother William Fetherston executor of this my will until his said grandson shall attain his age and do so desire and authorize him to take the administration hereof and the guardianship of his said grandson until he shall attain his age and pay and discharge my debts legacies and funeral expenses and I do allow him all necessary expenses therein and I do hereby revoke and make void all former wills by me made I witness whereof I have hereunto set my hand and seal the day and year first above written Tho Fetherston Signed sealed published and declared by the above named Thomas Fetherston as his last will and testament in the presence of Paul Lowe Sam Ford John Gurds
Memorand
That whereas I Tho Fetherston of Packwood in the county of Warwick Esq have settled my real estate by deed of Indenture-----------made the 30th day of October 1706 and disposed of my personal estate by my will made on the 2nd day of November 1706 but having since purchased certain lands of Rob Randell lying in Preston and also other certain lands of Will Rogers of Warsperton Gent lying and being in Packwood both in the county of Warwick as by the purchase deeds of the said lands and tenements dated the 7th day of May 1709 and on the 16th day of April 1712 relation? Being thereunto had? May and does more fully appear Now I the said Thomas Fetherston having a mind to settle and dispose of my said purchased lands being of sound mind and memory tho’ weak of body do by this codicil which I make and ordain to be part of my will give devise and bequeath all those my aforementioned lands to Thomas Fetherston grandson to my brother Mr William Fetherston of Warwick and his heirs forever Provided I never the less and upon this especial condition That he the said Thomas Fetherston shall and do [within twelve months next after my decease ] affect? Or cause to be offered in memory of me a neat monument of Black and White Marble of at least fifty pounds value of lawful money which said monument I will shall be fixed on the west wall of the isle [aisle] adjoining to Packwood Church with a proper inscription on the same monument which I desire my worthy friend the Reverend Mr Edu Welshman to make and whereas by my said will I had appointed after what manner my body should be placed in the vault under the aforesaid isle my will and intention now is and I do hereby direct and appoint that my body shall be deposited by my late wife on the west side of the vault aforesaid Item whereas by my said will I have given ten pounds to my coson Elizabeth Woodward I do by this my codicil which I make part of my will give to her the said Elizabeth Woodward ten pounds more of lawful money In witness hereof I have hereunto set my hand and seal this 28th day of August in the year of our Lord 1713 Tho Fetherston signed sealed published and declared by the said Tho Fetherston in the presence of us who subscribed our names in his presence and were desired by him to be witnesses hereunto Jos Woodward Ed Welshman Thomas Price