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Benjamin Boate will

PROB 11/338 Eure 1-54 Will of Benjamin Boate of Deptford, Kent 12 April 1672

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IN THE NAME OF GOD AMEN I Benjamin Boate of Deptford in the County of Kent being sicke and weake of body but of sounD and perfect minde and memory (thankes be given to Allmighty God) doe make and ordaine this my last Will and Testament the Tenth day of Aprill in the Three and Twentieth yeare of

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THE REIGNE of our Soveraigne Lord Charles the second by the Grace of God of England Scotland ffrance and Ireland King defender of the ffaith xr Anno Dmi 1671 in manner and forme following That is to say

FFIRST and principally I recommend my Soule unto Allmighty God Maker and Creator hopeing and stedfastly beleiving through the alone merritts of Jesus Christ my blessed Saviour and Redeemer to receive full and free pardon and forgiveness of all my sinnes and life everlasting My body I committ to the Earth to be buried in the parish Church of Deptford aforesaid in such decent and Christian manner as to my Executors here under named shall seeme meet And my Will us that there shall be a sermon preached att my ffunerall for which fforty shillings shall be paid to the Minister that shall preach the same And I will that all such debts and duties as I shall truely owe to any person or persons att the time of my decease shall be truely paid by my Executors hereafter named within as short time after my decease as may be conveniently

And as Touching that worldly meanes and estate both reall and personall which it hath pleased Allmighty God of his mercy and goodnesse to bestow upon mee I doe give devise and bequeath and dispose thereof as followeth

And first as touching my reall estate I doe give and devise unto my sonne Joseph Boate and the heires of his body lawfully to be begotten All that Messuage or Tennement with the appurtenances wherein I now dwell scituate in Deptford aforesaid And all those two Messuages or Tennements with the appurtenances now in the severall tenures or occupations of Henry ffeilder and John Madloe scituate in Deptford aforesaid neare unto my said now dwelling house And all that my Messuage or Tennement with the appurtenances late in the tenure or occupation of William ?Dutton^[1] and now in the tenure or occupation of Robert Johns scituate in Deptford aforesaid neare unto the lower Watergate there

ITEM I give and devise unto my sonne Benjamin Boate and the heires of his body lawfully to be begotten All those my two Messuages or tennements with theire appurtenances now called or knowne by the severall names of the Still and the ?Salutation Lyeing and being in Deptford aforesaid neare the Lower Watergate there One of which Messuages or Tennements was late in the occupation of William Mathewes Distiller and is now in the occupation of Gilbert ?Auckle and the other of them was late in the occupation of William Hills and is now in the occupation of Thomas Eaton And all that my Messuage or Tenement with the appurtenances late in the occupation of Percivall Gascogne and now in the occupation of William Clegg scituate in Deptford aforesaid neare the Lower Watergate there and adjoyning to or standing neare the said Tennement late in the tenure of the said William Dutton And all that my Messuage or Tennement with the appurtenances now in the tenure or occupation of [Blank in original document] Moone widdow scituate in Deptford aforsd in a certaine Court or Yard upon the southside of the street or Lane between the Lower Watergate and the Middle Watergate: there and all that my little Tennement with the appurtenances now in the tenure of Alice Hutton scituate in Deptford aforesaid and adjoyning to the said Messuage now in the occupation of the said Robert Johns And my Will and minde is that my said sonns Jospeh Boate and Benjamin Boate shall be heires one unto the other touching the said Messuages or tenements to them

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SEVERALLY hereby devised (if either of them shall dye without issue of his body lawfully begotten) which shall survive And in such case the survivor of my said two sonnes shall have and hold to him and the heires of his body which soe survive him All those Messuages or Tenements with the appurtenances which are above hereby devised unto the other of them which shall first decease And in case both my said sonnes Joseph Boate and benjamin Boate shall happen to depart this life without such issue surviveing or if the lawfull issue of both theire bodies shall faile Then and in such case I give and devise unto my deare and loveinge wife Elizabeth Boate All the said Messuages or Tenements with theire appurtenances which are before hereby given and devised unto my said sonnes Joseph Boate and Benjamin Boate To have and to hold the same to the said Elizabeth and her Assignes for and dureing her naturall life if she shall soe long remaine a widdow And in case of such decease of both my said sonnes without issue as aforesaid and after the decease or marriage of my said wife (which shall first happen) Then and in such case I give and devise unto my Grandchild Daniell Boate the sonne of my eldest sonne Daniell Boate^[2] deceased and to the heires of the body of the said Daniell my Grandchild lawfully to be begotten All the said Messuages or Tennements with theire appurtenances which are before herein devised to my said sonnes Joseph and Benjamin Boate Provided that the said Daniell Boate nor any in his name doe not claime any part of what is bequeathed to my sonnes Benjamin and Joseph and their heires according to this my Will nor molest them or any of them in the enjoyment of the said Tennements And in case of any such molestation I cutt the said Daniell off from any Legacie or benefitt by this my Will as if he had not been named therein And for default of such issue of the said Daniell Boate my Grandchild to survive him (both my said sonnes Joseph and Benjamin Boate being alsoe dead without such issue as aforesaid or theire issue faileing and my said wife being alsoe dead or marryed againe) I give and devise all the above devised Messuages or Tenements with the appurtenances in manner and forme following That is to say In such case I give and devise unto my Nephew Edward Bowtewell^[3] of Deptford in the County of Kent Calker and his heires (lawfully begotten or to be begotten) for ever All those Messuages or tenements with the appurtenances which are before herein by mee devised to my said sonne Joseph Boate And in default of such issue of the said Edward Boatewell I give and devise the same unto John Bowtewell and his heires (lawfully begotten or to be begotten) for ever And in default of such issue I give the same to the Poore of the parish of Deptford for ever And alsoe in such case that is the said Joseph Benjamin and Daniell Boate being dead without such issue or such of theire bodye as aforesaid faileing and my said wife being dead or marryed I give and devise unto John ?Hooke of Woolwich in the County of kent shipwright (and the heries of his body lawfully begotten or to be begotten) for ever And for default of such issue to the Poore of the parish of Deptford for ever All those the aforesaid Messuages or Tennements and premisses with the appurtenances before herein by mee devised to my said sonne Benjamin Boate

ITEM I give and devise and bequeath unto my said deare and loveing wife Elizabeth Boate one Annuity or yearely Rent Charge of Twenty pounds of good and lawfull money of England to be issueing ariseing renewing and goeing forth of all

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THOSE MY Messuages or Tennements with the appurtenances above herein devised And to had holden received and enjoyed by the said Elizabeth my wife and her assignes from and imediately after my decease for and dureing the terme of the naturall life of the said Elizabeth (if she shall soe long remaine a widdow) The said Annuity or yearely Rent Charge to be paid att my now dwelling house in Deptford aforesaid att ffoure ffeast dayes or termes in the yeare that is to say The birth of our Lord God The Annunciation of the blessed Virgin mary The Nativity of St John Baptist and S:t Michael the Archangell by even and equalns And the first of the said payments to be made and to beginne att such of the said ffeast dayes as shall first and next happen after my decease And my Will and minde is that all the said Messuages or Tennements with the appurtenances and every of them (notwithstanding the devises herein made of the same shall be lyable and subject to the payment of the said Annuity in manner following That is to say The one halfe thereof out of the Tennements with the appurtenances hereby devised to Joseph Boate and the other moiety or halfe thereof out of the Tennements with the appurtenances hereby devised to Benjamin Boate And that its shall be lawfull to and for my said wife or her Assignes from time to time to enter and distraine for the said Annuity accordingly upon the aforesaid Messuages or Tennmenets or any part or parcell thereof haveing respect and care to levy as much att one time of the Tennements of Jospeh Boate and soe on the contrary as neare as she and they can for the said Annuity or any part or parcell thereof and the distresse and distresses there found to take and carry away and the same to detaine and keep untill the said Annuity and the Arreares thereof together with reasonable charges to be expended in makeing such distresses shall be fully paid and satisfied And my Will and minde is that if my said wife Elizabeth Boate shall be married to another husband afetr my decease Then the said Elizabeth my wife shall have and enjoy the Thrid part of all my Messuages Tennements and hereditaments with the appurtenances from the time of such her marrying againe for and dureing the terme of her naturall life in regard her annuity is by reason of such her marriage to cease and be discontinued which said Annuity was hereby by mee devised to her for and in lieu and recompence of her dower And my Will and minde is that neither of my said sonnes shall sell the Messuages or Tennements by mee hereby to them respectively devised nor doe any Act whereby to make voyd the settlement or intaile hereby made by mee thereof without the consent and approbation of my Executors or the Survivor of them soe long as either of my Executors shall live nor after theire decease unlesse for the makeing a Joynture to a wife in consideration of a marriage Portion with her received And in case either of my said sonnes shall make sale of the said Messuages or Tennements to him hereby devised or shall doe any Act whereby to make voyd the said settlement or Intaile thereof by mee herein made without such consent as aforesaid dureing the life time of either of them or att any time after theire decease except for a Joynture to be made in consideration of a marriage

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PORTION Then and in such case I give and devise the Rents and profitts of the Messuages or tennements that are herein devised to such of my said sonnes as shall doe contrary to my Will as aforesaid unto the Poore of the Parish of Deptford aforesaid for the terme of six yeares next after such sale made or after such act done wherby the settlement or Intaile above herein made shall be made voyd which Rents for the said six yeares shall be received by my executors or the Survivor of them and be by them distributed to the said Poore

Notes

Greenwood's Map of London, 1827

Scale: 8 inches to mile

Deptford, showing the King's Dock, including Mast Pond, Wet Dock, Upper Watergate, Middle Watergate, and Lower Watergate

Possible primary sources

TNA

PROB 11/312 Juxon 103-150 Will of Daniell Boate, Shipwright of Deptford, Kent 16 September 1663

1. ↑ Will[iam] Dutton 2 hearths, Lower Deptford, non chargeable, fol. 3v, Kent Hearth tax return, Lady Day, 1664
2. ↑ Probably Daneill Boate (b. ?, d. ca. 1663), shipwright (PROB 11/312 Juxon 103-150 Will of Daniell Boate, Shipwright of Deptford, Kent 16 September 1663)
3. ↑ See probably related inventory (PROB 32/21/1 PROB 32/21/1 (Sworn 1682 Nov. 4))