Will of Sir Alexander Culpeper of Greenway Court

P. C. C. Rivers, 157.
Will dated January 30, 1644/5,
With two codicils, one dated May 4, 1645, and one undated.
Proved October 15, 1649.

Sir Alexander Culpeper of Greeneway Court, ca. Kent, knight, youngest son of John C. of Wigsell, co. Sussex, esq. dec. To be bur. in the vault which Sir Thomas Culpeper hath builded in Hollingbourne if it conveniently may be. Catherine the grandchild of my wife, whom I therefore call daughter, had on her marriage-with my nephew Thomas Culpeper [eldest son of John¹² of Feckenham] a jointure settled upon her and after, upon the sale of those lands with which her jointure was charged, there was £1,400 lent out on security and bonds taken out in the name of Sir Cheney Culpeper or some other friends, and a deed thereupon made betw. sd. Sir C. C. & others to which my sd. nephew & his wife were, as I conceive, parties; wherein there is a trust declared concerning the sd. £1,400 for sd- nephew & his heirs-, and afterwards £1,000 part of sd. £1,400 was paid to my sd. nephew and I promised to secure £400 part of sd. £1,400 to my daur. according to deed of trust. rf therefore my sd. daur. be a widow before all my legacies are paid, £400 part of sd. £1,400 to be paid her as my part thereof. To my niece Cicely Culpepper [dau. of John¹² of Feckenham] £400; if she die before him she to dispose of £300 to some child or children of her brother John C. If sd. John C. die before my niece Ciceley she to have £10, a year for maintenance unti I sd. £400 be pd. her. Also £20 to my neice Medlicoate [dau. of John¹² of Feckenham] wife of James M. esq. To poor of Hollingbourne £10, to poor of Ulcombe, £10; to poor of Salehurst, where I was born, £5; to poor of Hawkhurst, £5; to poor of Leeds 50s.; to poor of Broomefield, 40s.; to poor of parish where I shall die, £20; to Robert Hope, besides what I owe him, £20; to Elizabeth Milcocke, besides what I owe her, £5; to Francis Hinckly, wife of Robert H., to use of Mary Hinckly my goddaur., £5; to my cousin William Culpeper minister of Wickling or (if dead) to his wife or children [see ante. under Edmund"] £5; to my cousin Cecily Freke what I owe her. My exers to pay my nephew John Culpeper one years rent of all my lands, deducting rents payable to the Colleges. Then exers. to convey Lordship of manor of Greeneway Court capital messe etc. (11 acres & no more) and half of residue of my lands, to Alexander Culpeper my godson, eldest son of John, Lord Culpeper, Baron of Thorseway, in tail male; in default to Thomas C., second son of sd. Lord C., in tail male; in default to John C., third son of sd. Lord C., in tail male; in default to Cheney C., fourth son of sd. Lord C., in tail male; in default to sd. John, Lord C., in tail male; in default to sd. nephew Thomas Culpeper & Catherine his wife for life; remainder to heirs male of body of sd. Catherine; in default to my nephew Thomas Culpeper, esq., in tail male; in default to my nephew John Culpeper, esq., in tail male; in default to Sir Thomas Culpeper of Hollingbourne afsd. knight, in tail male; in default to my right heirs. The other half of my lands to remain to my sd. daur. Culpeper as a security for the £400 part of sd. £1,400, then my exers. to stand seised to use of my godson Alexander Culpeper son & heir app. of my sd. nephew Thomas C., in tail male; in default to my nephew Thomas C. esq., in tail male; in default to my Lord Culpeper, in tail male; in default to sd. John Culpeper my nephew, brother of my sd. nephew Thomas C. esq., in tail male; in default to Sir Thomas C., in tail male; in default to my heirs. If any lands of mine are held in Capite whereby my will shall be void of a third part of sd. fee simple lands, then my exers. shall stand seised of such lands as are hereby devised in tail to children of Lord C. on trust to use of sd. Thomas C. his wife & son respectively, as may make the parts of children of sd. Lord C. & of the sd. Thomas C. his wife & son equall. but manor of Greenway Court etc. shall be conveyed to the children of my Lord C. my nephew. Leasehold property to be similarly divided & assured. Alexander, son of Lord C. under 21, Alexander, son of nephew Thomas C. under 21. Exers. not to sell leases without consent of sd. Sir Thomas Culpeper, Doctor Steede & William Cage esq. Francis Kenward now, or late, servant to sd. Lord C., Robert Hope, son of James H. of Ulcombe, & James Wilcoke, nephew to Elizabeth Wilcocke, now -my servant, to be my exers. Sd. Sir Thomas Culpeper, Sir Edward Partherick knight, Doctor Steede & William Cage to be overseers & they also to be exers. I remit £300 sd. nephew Thomas C. owes me. Testator being 'sick of a dead palsy' made his mark, Witns. Ralph Freke, Thomas Culpeper [i. e., ThomasIs of Feckenham], Thomas Holt, Richard Knight.

1^st Cod. Interest on my debts to be paid if possible at 8% instead of 6% [he evidently was not convinced by his cousin's thesis against usury]. Exers. to have discretion as to payment of £10 to my neice Cecily C. if she survive her brother John C. To Elizabeth Wilcocks my servant £10. To her & my servant Robert Hope £4 each for mourning apparel. To Francis Kenward, £7. To Rowland St. Leger, grandchild to my deceased wife £11. To sd. servant Robert Hope all his charges of prison during the term of his imprisonment, & 12d. a week over & above his charges. To rest of exers. gold rings. A gold ring with a phoenix to my cotusin Elizabeth Munns, wife of John M. To Sir Cheney Culpeper, knight, a gold ring. Testator made his mark. Witns. George Robinson, Margaret Hewes X, Elizabeth Drew X.

2^nd Cod. 20 marks a year to sd. Elizabeth Wilcockes for good service, for life. Witns. George Hunte, Margaret Hughes X, Mary Maier X.

Prob. by Robert Hope one of the exers. Power reserved for Francis Kenwood & James WiIcocke & also Sir Thos. Culpeper knight, Sir Edward Partherick knt. & the venerable man William Steede LL. D. the other exers.

P. C. C. Fairfax, 153.
Codicil dated January 31, 1644/5.
Proved separately, October 15, 1649.

Having made my will dated the day before the date hereof, recites sd. will very fully referring among others to the sd. Alexander C. son & heir apparent of A. nephew Thomas C. esq. & of Catherine his wife, granddaur. of my late wife. Whereas sd. Alexander C., son of my sd. nephew Thomas C. is yet young & under age so as it is not certainly known how he will prove & so I am therefore unwilling to settle any part of my estate absolutely on him so long as his father liveth without some restraint on him; & in regard also my sd. nephew Thomas C. may make some other provision as well for my sd. daur. Catherine his wife as for his sd. son; or for some other great or weighty reason may think it fit otherwise to dispose of his part of the land: therefore it shall be lawful for sd. nephew Thomas C. & Catherine his wife, or sd. T. if he survive, with consent of John Lord C. my nephew, Sir Thomas Culpeper knight, Sir Edward Partherick knight, William Steed LL. D. & William Cage esq., to revoke my devise to A. T. C., & A. their son. Testator made his mark. Witns. Raulfe Freke, Thomas Culpeper [i.e., Thomas¹³ of Feckenhaml Thomas Holte.

Prob. juramento Executorum in testamento dicti defuncti nominatorum.