See also

Richard PETTIT ( -1693)

Name: Richard PETTIT
Sex: Male
Father: John PETTIT ( - )
Mother: Sarah SMITH ( - )

Individual Events and Attributes

Death 1693 Shoulden, Kent

Individual Note

1. Married Elizabeth May in 1643 in Woodnesborough


2. 5 children : John (b.1644) Richard (b.1646) Elizabeth (b.1647) Sarah (b.1649 and William (b.1652). When Richard (Snr) wrote his will in 1693 only Elizabeth got a mention, so presumably all the others had died without issue before that date. Elizabeth married John Smith.


3. The following will of Richard Pettit has been sent me by Rita Pettet:


Will of Richard Pettitt of Shoulden - Died 1693


In the Name of God / Amen I Richard Pettit of the parish of Shoulden / in the County of Kent yeoman being weak in / body but of sound mind and memory praised / be to God for the same have made published / and declared and by these present do make / publish and declare this my last Will and / testament in manner and form following / that is to say as for my immortal soul I resign / the same into the hands of Almighty God who / gave it & my body to be decently buried in the / parish Church or Churchyard of Shoulden aforesaid / at the discretion of my Executors hereafter / named there to rest in full assurance of my / resurrection at the last Day with the Saints & / believers through the death merits of my / Lord and Saviour Jesus Christ for and / concerning all & singular that estate and / fortune that it hath pleased God to endow me / with in this world & worldly goods both real / & personal of what kind or quality soever / the same be or can be found I devise / give will & bequeath the same & every part & parcel / thereof as followeth First as for and concerning / all that mansion house messuage barn stable / and houses and appurtenances wherein I now inhabit / and dwell & all the lands arable and pasture / thereon to belonging except such lands as I purchased / my self I devise will give & bequeath unto my / well beloved daughter Elizabeth Smith the now / wife of John Smith of Bortiston [ ?Barfreston ] yeoman during / the term of her natural life & from and after / her decease then to the use & behoofe of John / Smith James Smith Richard Smith & William / Smith sons of my said daughter Elizabeth & the / survivors of them & their heirs for ever and as / for all and singular such lands which were or are / now or lately purchased by me I devise give and / bequeath the same and every part and parcel / thereof whether arable or pasture unto the said / John Smith James Smith Richard Smith William / Smith Sarah Smith and Elizabeth Smith their / heirs for ever & the survivor and survivors of / them And as far and concerning all that mortgage / that I now have of one messuage or tenement / or leasehold aforesaid now in the occupation of one / William Terry labourer for securing the full sum / of one hundred pounds from my late brother / William Pettitt [?] I give & bequeath the said / sum of one hundred pounds so secured unto / William Pettitt & Mary Pettitt the two children / of my said Brother William equally to be divided / between them Also I give & bequeath unto / my sister Elizabeth Rogers, widow the half sum of six / pounds by the year during the term of her / natural life to be issuing & paid to her / or her assigns quarterly out of my real estate & / lands the first quarter to begin the next quarter / day after my decease Also I give & bequeath unto / my brother Thomas Pettitt of the parish of Northbourne / yeoman the sum of five pounds Also I give and / bequeath unto my brother James Pettitt the / like sum of five pounds of lawful money of / England Also I give & bequeath unto my servant / Sarah Norton the sum of fifty shillings of like / lawful money to be paid to her by my Executors / hereafter named within six months next after / my decease Also I give & bequeath unto my loving / son in law John Smith the sum of five pounds / of like lawful money to be paid to him by my / Executors within six months after my decease / Also I give & bequeath unto my poor kindred the / sum of five pounds as my Executors shall see fit / And lastly I give and bequeath unto the poor / of the said parish of Shoulden the full sum of / five pounds to be distributed amongst them by my / Executors And of this my last Will and Testament I / make nominate declare and appoint my two / loving brothers Thomas Pettitt and James Pettitt / before named Joint Executors revoking all former / by me made and making them srustrate and void In / Witness whereof I the said Richard Pettitt have / hereunto set my hand & seal the thirtieth day of / October to this my last Will and Testament contained / in two sheets of paper Anno [?] Regis et Regine / [William ?] et Maria Anglia Quinto Anno Domini / 1693 Richard Pettitt his mark Signed Sealed & / published in the presence of Sam Harris Daniel / Wyborne R Shepheard


Latin Probate 7th November 1693

Proved by Thomas & James Pettitt


4. It appears that his daughter Elizabeth challenged the will, claiming that it was a forgery contrived by Thomas and James Pettit at a time when Richard was both "senseless and speechless". When the case first came to court the verdict was that the will was valid, and that the executors, Thomas and James Pettit, had correctly disposed of the real estate. However it seems that the two executors believed that any residue of the personal estate after deducting all costs and legacies had been given to them - whereas it had only been given to them in trust to dispose of as directed. Accordingly they were required to account to Elezabeth Smith for what had happened to the personal estate. Thomas and James appealed against the decision and the case went to the Chancery court, but with no significant change in the judgement.was made.