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In the name of God Amen
The 18th day of November in the year of our Lord God 1703 and in the second year of the reign of our Sovereign Lady Anne by the grace of God of England Scotland France and Ireland Queen, defender of the faith etc., I Francis Kynnesman of the parish of St Martin in the Fields in the County of Middlesex, citizen and haberdasher of London, being somewhat indisposed as to my bodily health but of sound and perfect memory and understanding, praised be God for the same, do make ordain and appoint this to be my last Will and Testament in manner and form following, that is to say:
First and principally I resign up my immortal soul into the hands of Almighty God my creator trusting and believing that through the alone merits and remediation of Jesus Christ my blessed Saviour and Redeemer I shall receive the pardon and forgiveness of all my sins and inherit eternal life.
My body I commit to the Earth to be decently buried at the discretion of my executors hereinafter named.
And for that worldly estate which God in his mercy and goodness hath blessed me withall I give leave and dispose of the same as follows, viz:
Imprimis, I give and confirm unto my dear and loving wife Elizabeth Kynnesman for and during her natural life such a part of my estate as was settled upon her for her jointure.
Item, I give devise and bequeath all my messuages lands and tenements both freehold and copyhold of inheritance which are settled upon my said wife for her life for her jointure subject to and charged with that estate and also all other my freehold and copyhold estate of inheritance whatsoever unto my dear son Richard Kynnesman and the heirs of his body lawfully begotten; and for want of such issue unto my nephew Arthur Kynnesman of Trinity College in Cambridge and the heirs male of his body lawfully begotten; and for want of such issue unto his brother my nephew Harold Kynnesman and the heirs male of his body lawfully begotten; and for want of such issue unto Richard Kynnesman of Broughton, Esquire, and the heirs male of his body lawfully begotten and for want of such issue unto my own right heirs forever.
My copyhold estate being already surrendered to the use of my last Will, the said estate settled upon my said wife for life as aforesaid to descend and come unto my said son from and immediately after the death of my said wife, and the remainder of my estate herein before devised and bequeathed to come unto my said son from and immediately after my death.
But my will and meaning is notwithstanding the intent and limitation of my said estate in such manner and with such remainders over as aforesaid that the same shall be subject to the power hereinafter given to my said son for making a jointure and settlement thereof upon his wife as hereinafter is more particularly mentioned.
Item, I do make and ordain and appoint Mr Richard Clarke, my wife's father, Richard Kynnesman of Broughton in the County of Northampton, Esquire, Mr Richard Petty of Bedford house, Mr Henry Seller of London, silk throwster, Mr Peter Buxton of London, framework knitter, Thomas Hobart of Cambridge Doctor in Physic, and John Morgan of the middle Temple, London, Esquire, and also my brother in law Mr Robert Clarke, executors of this my Will upon and for the trusts intents and purposes hereinafter mentioned, but the said Robert Clarke not to act in the trust till his father's decease.
Item, I give to my said dear wife all her rings, jewels and a gold watch to be disposed of as she shall think fit and I give to my said executors 12 shillings apiece for rings
Item, I give to my niece Jane Kynnesman three Million Lottery tickets of 20 shillings apiece and to my sister-in-law Mrs Winnifred Knighton the sum of five pounds and to the said Dr Hobart the sum of £20.
Item, I give and bequeath unto my said executors and the survivors and survivor of them and to the executors and administrators of the survivor of them all my messuages lands and tenements which I hold by lease or leases or for any time or times of years, and all my household goods, moneys, bank stock, shop goods, bonds goods, chattels and estate whatsoever not herein by me before disposed of upon and under the trusts and to and for the intents and purposes hereinafter mentioned and declared that is to say:
Upon trust and to the intent and purpose that my said executors and the survivors and survivor of them his executors and administrators do and shall out of my leasehold and other estate herein last before devised to them pay and discharge all my just debts which I shall owe at the time of my death and upon further trust and to the intent and purpose that my said executors do and shall permit and suffer the said Elizabeth my wife to hold and enjoy my lands lying and being at Barroway in the parish of Soham, in the Isle of Ely in the County of Cambridge, and also my shop in the New Exchange in the said parish of St Martin-in-the-Fields and to receive and take the rents and profits thereof for and during her natural life only and not longer she my said wife during her life paying the yearly rents and performing the covenants in the respective leases whereby I hold the said lands and shop last mentioned.
And upon trust and to the intent and purpose that my said executors do and shall permit and suffer my said wife for and during her natural life only to have the use of all my plate and household goods which most are in my dwelling house George Street in York Buildings provided that she my said wife do give her own bond of a sufficient penalty to my said executors to continue and keep of the said plate and household goods in the said house without removal during her life and that the same shall be delivered to my said executors the survivors and survivor of them his executors and administrators at the time of her death.
And so as she also do and shall allow to my said son the use of the upper two stories high in the said house with the goods in the said rooms during her life if my said son shall which the same otherwise my will is that my said wife shall have not use or benefit of my said household goods.
And upon further trust that my said executors and the survivors and survivor of them and the executors or administrators of the survivor of them do and shall stand possessed of all my said plate and household goods from and after the death of my said wife in trust and for the benefit of my said son Richard Kynnesman his executors and administrators for his and their own use and benefit.
And my further will is that my said executors and trustees and the survivors and survivor of them his executors and administrators, shall stand and be possessed of my said land lying and being at Barroway in the said parish of Soham, in the Isle of Ely and County of Cambridge [Note 1] and also of my said shop in the New Exchange (the rents and profits whereof are herein before devised to my said wife for her life) immediately from and after her decease and also of all and singular other my leases moneys, goods and chattels whatsoever hereby given to and vested in them with all additions and improvement to arise or grow from such lands or made of the same from the time of my death other than and except my said plate and household goods immediately from and after my death for ever for and only for the only benefit of my said son Richard Kynnesman to be accounted for, surrendered, paid and delivered up unto him my said son Richard Kynnesman at his age of one and twenty years for his own use and benefit.
But if my said son shall depart this life before he shall arrive his said age then and not otherwise my will is that my said executors do and shall assign, surrender up, pay and deliver all the said last mentioned trust estate to such person and persons to whom my said freehold and copyhold estate not settled on my said wife for her jointure nor confirmed them to buy this my will at the decease of my said son under the age of one and twenty years shall appertain all belong by virtue of this my will.
And whereas I intend to purchase a parcel of land lying near my estate at Barroway in the County of Cambridge aforesaid now my will is and I do hereby order and appoint that if I shall at any time hereafter purchase any lands there before my death, that then my executors do and shall pay and allow my wife the rents and profits thereof for and during her natural life, but if no such lands shall be purchased by me that then my will is and I do direct order and appoint my executors to lay out the sum of £250 out of such money as shall come to them by virtue of this my will in the purchase of some other lands or tenements, according as they shall think fit.
And that they do then pay and allow unto my said wife the rents and profits of the same during her natural life.
Provided always and my will is, and I do hereby order and appoint that in case my said wife shall not be content with her jointure before settled upon her and the bequests and legacies hereby given to her, but shall betake herself to the customary share or part of my estate which she may or can claim by virtue of any custom of the city of London, that then and in such case all such gifts and devises to her my said wife herein by me given and bequeathed as aforesaid shall cease determine and be utterly void and of none effect and the benefit thereof from thenceforth shall remain vested in my said executors in trust for my said son Richard Kynnesman and other the trusts hereinbefore mentioned concerning the same respectively.
Provided also and my will is and I do hereby order and appoint that not withstanding the several in tales and remainders over hereinbefore given and created of my said freehold and copyhold estate of inheritance to my said son Richard Kynnesman and his heirs of his body and after my said sons death without issue of his body upon my said nephews Arthur Kynnesman and Harold Kynnesman and to the said Richard Kynnesman of Broughton and their several issues, yet nevertheless it shall be lawful for my said son Richard Kynnesman by any deed or writing under his hand and seal attested by two or more credible witnesses either before or after his marriage to grant him or appoint all or any part of the said freehold and copyhold estate of inheritance unto any woman all women whom he my said son Richard Kynnesman shall or may ****** marry or take to wife for her or their life or lives or her or their jointure or jointures and my will is that such jointure and jointures so to be made by my said son upon such his wife and wives successively for her and their life and lives as aforesaid shall be good and ******* in the law to all intents and purposes whatsoever or any thing in this my will contained to the contrary thereof in any wise notwithstanding.
Item, I give full power to my said executors and the survivors and survivor of them (whom I desire and appoint to be guardians to my son) to advance and allow such sum or sums of money from time to time for the maintenance and education breeding up and preferment of my said son as they shall think fit. But my will is that they do not allow above £20 per annum for the first five years after my death, and afterwards to be increased as my said executors shall see occasion.
And I further will that in the point of my sons education special regard shall be had to the advice of Mr Richard Kynnesman and Dr Thomas Hobart Item, I do give full power unto my said executors or to such and so many of them as shall please to act in the trust hereby in them reposed and to the survivors and survivor of them, full power and absolute authority to put out and dispose of such money as shall come to them further upon interest upon such services as they from time to time shall think fit and also to come and take any further lease or leases term and estate in all my leasehold estate or any part thereof when they shall find it necessary and to pay such fine or fines for the same or any part thereof as shall be required and necessary.
And to take up my copyhold estate and admit my said son thereunto and pay the fines for such admittance when there shall be occasion and to make any purchase and purchases, according as they shall find opportunity and in all other respects to manage and improve my estate for the benefit and advantage of my son during his minority All which I wholy leave to my said executors.
And my will is that if my said executors or such of them that shall act in this trust shall be divided in their opinions then and in such case the major part of them shall from time to time determine all such matters in dispute.
Provided always and my will is and I do hereby order and appoint that if any loss or losses shall at any time or times hereafter happen or arise in the putting out disposing and managing of the moneys and trust estate hereby vested in my said executors or any part thereof contrary to the good will and intention of my said executors that then and in such case they my said executors or any of them shall not be charged with, answerable for, or liable to make good any such loss or losses
And that they my said executors and every of them shall from time to time be paid and reimbursed and shall and may take and deduct to themselves all such lawful and reasonable costs charges and expenses which they and every or any of them shall at any time or times hereafter pay expend and lay out in and about the execution of the trusts hereby in them reposed.
And that each or any of my said executors shall not be chargeable with or accountable for any sum or sums of money other than such as he shall actually receive and no more or otherwise.
And that any one of my said executors shall be answerable for or liable to no more than for his own receipts or payments, acts or deeds and not for the receipt or payments, acts or deeds of each other in any manner of wise.
And lastly I do revoke and make void all former and other Wills by me heretofore made and do declare this to be my last Will and Testament
In witness whereof I have hereunto set my hand and seal the day and year first above written
Signed sealed published and declared by the within named testator for and as his last Will and Testament in the presence of us and attested in his presence
Probate in London 16 November 1704 by Thomas Hobart Doctor of Medicine, John Morgan Armiger, [rights reserved?] to Richard Clarke, Richard Kynnesman Armiger, Richard Petty, Henry Seller and Peter Buxton, executors.
Probate in London on 1 February 1704 to Richard Kynnesman
Probate in London on the last day of January 1708 to Richard Clarke
Probate in London 17 July 1710 to Robert Clarke
1. These lands in the Isle of Ely appear in the will of Arthur Kynnesman in 1770. The implication of this is that Francis' principle heir, his son Richard, either died before he reached his majority or died later without issue.