Will of Walter Estcourt of Shipton Moyne (d. 1726)

In the Name of God Amen I Walter Estcourt of Shipton Moyne in the County of Gloucester Esqr being of perfect Memory blessed be my Maker for the same minding my latter end and the uncertainty of the time thereof do make this my last Will and Testament in manner following

Imprimis I give and devise unto my Brother Edmund Estcourt all that my Mannor of Shipton Moyne and Dovell my Mannor of Lasborough and Farms of Bouldon and Calcott my Mannor of Dursley and my Lands and Tenements in Tetbury in the County of Gloucester and alsoe my Mannors of Newnton Shrewton and Rolleston in the County of Wilts with their and every of their Rights Members and Appurtenances and the Advowsons and Rectoryes of the Churches of Lashborough and Newnton aforesaid amd all other my Lands Tenements and hereditaments whatsoever in the said Countyes of Gloucester and Wilts and either of them To have and to hold unto my said Brother Edmund Estcourt for and during the Term of his natural Life and from and after his decease to the first son of the Body of the said Edmund lawfully begotten or to be begotten and to the heires male of the Body of such first Son lawfully issueing and for default of such Issue to the second third fourth and every other son and sons of the Body of the said Edmund lawfully begotten and to be begotten severally and successively and in Remainder one after another as they shall be in seniority of Age and priority of Birth and to the several and respective heirs male of the Body and Bodyes of all and every such Sonn and Sons lawfully issuing the elder of such Sonn and Sons and the heirs male of his and their Body and Bodyes issuing always to be preferred and take before the younger of such Sonn and Sonns and the heirs male of his and their Body and bodys issueing and for default of such Issue then to my Couzen Thomas Estcourt son of my late Uncle Edmund Estcourt deceased for and during the term of the natural Life of him the said Thomas Estcourt and from and after his decease then to Thomas Estcourt his eldest son and the heirs male of his Body lawfully issuing and for default of such Issue then to Edmund Estcourt his second son and the heirs male of his Body lawfully issuing and for default of such Issue then to Walter Estcourt his third Son and the heirs male of his Body lawfully issuing and for default of such Issue then to my Nephew Estcourt Hodges and the heirs male of his Body lawfully issuing and for default of such Issue then to remain to my Right heirs for ever.

Item I give and devise unto my said Couzen Thomas Estcourt or his Assignes one Annuity or yearly sum of One hundred pounds of lawfull Money to be paid to him out of my said Mannors and Lands in the County of Gloucester for the better Education of his Children during the Life of my said Brother Edmund Estcourt at the Feasts of the Annunciation of the blessed Virgin Mary and St Michael the Arch Angell yearly by equal portions without any deduction and with power of distress as in cases of Rent Arrear for nonpayment by the space of twenty days after either of the said Feasts.

Item I also give and devise unto my Couzen Thomas Masters of Cirencester in the said County of Gloucester Esqr one Annuity or yearly Rent Charge of Fourscore pounds of like lawful money to be paid unto him out of my said Mannors and Lands in the said County of Wilts during his natural Life at the Feasts aforesaid by equal portions without any deduction and with like power of distress for the same as aforesaid which Annuity I give to the said Mr Masters in respect of a Remainder limited to him in the said Lands in the County of Wilts or some part thereof by the will of my late Couzen Anne Estcourt on Failure of Issue male of me and my said Brother whereof I have since suffered a common Rcovery but if in case the said Thomas Masters shall sue or claim the said Lands or any part thereof in Law or Equity then the said Annunity of fourscore pounds to cease determine and be void.

Item I give full power and Authority unto my said Brother Edmund Estcourt and my said Couzen Thomas Estcourt from Time to Time as and when they shall respectively come unto and be in the actual possession of the said Mannors and premises by Indenture under their respective hands and seals to demise and lease such part and parts thereof as are now in Lease or Leases for Lives or for years determinable on Lives and in like manner and under like Rents and Services and none other Lands nor in other Manner and such Leases shall be good and effectual by these presents to any person or persons as shall purchase the same.

Item I give unto my said Brother Edmund Estcourt Five hundred pounds in money and to my sister Edith Hodges One thousand pounds and forgive and Release the Bond and Moneys her husband owed me and I give unto Estcourt Hodges and Elizabeth Hodges her Children Five hundred pounds apiece.

Also I give unto my Couzen John Tyler and to Elizabeth and Alice his sisters Children of my late sister Anne Tyler Five hundred pounds apeice.

Item I give Twenty pounds to the poor of Tetbury and Twenty pounds to the poor of Dursley aforesaid and I give to my servant Solomon Salmon Ten pounds in case he be living with me at my decease and I give to my servant Caleb Wells Tenn pounds at my decease and the yearly sum of Ten pounds to be paid to him or his assignes by my Executors during six years next after my decease.

Item all the residue of my Moneys Rents Arrear and debts owing to me at my decease I give unto my Couzen Thomas Estcourts Children except the eldest share and share alike for Increase of their portions.

Item all the Residue of my personal Estate my debts and Funerall being discharged I give unto my said Brother Edmund Estcourt and my sister Edith Hodges and make them joint Executors of this my last Will and Testament.

In Witness wherof I have hereunto set my hand and seal the eighth day of November in the year of our Lord one thousand seven hundred and nine Walter Estcourt Signed sealed and published in the presence of us and by us attested and subscribed in the presence of the Testator    Edw Morse   Jac Smith   Jno Froud   Hen Rich 

Probate granted 1 February 1727 Edmund Estcourt and Anne Estcourt.