SECOND GENERATION

4. Philip CHAVE was born before 1577. He was a in 1598 in Uplowman; Occupation: Husbandman. He owned in 1598 in Uplowman; Property: property & land in Uplowman. (2) He signed a will in 1619 in Uplowman. He died about 1624 in Uplowman. He died about 1624 in Uplowman. He has reference number ChG@@mxxG@@P1. Will proved at PCC and at Archdeaconry Court Exeter in 1624 almostcertain ly him.
From the will of John Chave the Younger (d.1695) we know that Philip le ft property to his son John for a term of 1000 years before hisdeath. Phil ip is refered to as deceased. The leasehold was transfered to him by h is grandfather (John the Elder) and assigned by him in 1688 (3rd year of l ate King James II).

There is an administration after death for a Philip Chave of "Uplooma n" in the Devon lists for 1683. This is another Philip already identifie d, so the Philip refered to is the will of 1624.

document provided by Angela Harris, found in National Archives, Kew.
TNA ref. PROB11/144
Philip Chave

In the name of God Amen. I Philip Chave of Uploman in the city of coun ty of Devon husbandman do this third day of December in the year of our Lo rd God 1619 make and declare this my last will and testament in manner a nd form following. First I give my soul unto Almighty God of whom I have t he same assuredly believing that the same shall be saved by the merits dea th and passion of Jesus Christ my only redeemer and Saviour, and my bo dy I leave to the earth to be buried in decent and Christian like manne r. Also my will is that my table board cupboard and sealing standi ng in my hall be there left standing and remaining after the decease of Jo hanna my wife for the use of suck of my sons as shall be tenants unto a nd dwell in my said house after the decease of marriage of my said wi fe if any of my sons shall be tenant thereof. But my will is that if my s on William shall come to be tenant in possession of my said house and wi ll have or demand to have the use of my said table board cupboard and seal ing that then he shall leave his table board standing in the house where in he now dwelt in and his now table board to such of my sons as sha ll be tenant unto the house and tenement which my son William now enjoys t hat board, to and for the use of such of my sons as shall be from ti me to time tenant of the same house and tenement. Also I give and bequea th unto Marian my said daughter six score pounds of lawful money of Engla nd if she be unmarried at the time of my decease. But if she shall be marr ied before my decease then this my gift and legacy before herein giv en to the said Marian shall be void and not paid unto her. All the re st of my goods and chattels whatsoever within doors and without I leave a nd appoint whole unto Johanna my wife and Agnes my daughter to this end a nd purpose that my said wife after my funeral charges debts and legacies s hall be paid and discharged shall make up a reasonable portion for my sa id daughter Agnes according as my goods will amount unto. Saving that my w ill is that my said wife shall deliver unto every of my children's childr en 3s 4d as my gift unto them. Also I do nominate make ordain and appoi nt my said wife Johanna to be executor of this my will and testament. A nd do charge her to see my will and meaning before herein declared and s et down performed accordingly. And I do finally will and appoint that t he said Johanna my wife shall leave unto my son William Chave a bedstead b ut not the worst and also some of any plough stuff and some of my timber v essels such as my said wife shall think convenient and appoint out for h im which he shall have as my gift unto him. And in witness herein I the sa id Philip Chave have hereunto set my hand and seal in the presence of tho se whose names are here under written. Philip Chave his mark. Signed seal ed and delivered in the presence of Thomas Cussons, Walter Lock his mark W illiam Chave his mark.

The above written will was proved at London in the presence of the venerab le father Lord William Byrd Knight doctor at law in the Prerogative Cou rt of Canterbury constituted custodian of law in the commissary court on t he 10th July 1624 judgment to Johanne Chave relict of the said deceased a nd executrix named in this said will who was constituted as administrat or for each and every the goods chattels and credits of the said deceas ed to truly and faithfully administer the same in the presence of Richa rd Sweete and Jon Hussey clerks.

The following very lengthy document is a sale in 1598 of the FREEHOLD f or £90 of land etc in Uploman (sic) previously rented or leased to Johan ne Osmond (widow) by Henrye Worth (wife Bridgett) Lord of the Manor in Was hfield from about C12th. There is a brass monument to Henry Worth in St. M ary's Church, Washfield depicting him & his wife and daughter kneeling. He nry Worth died on 3rd Aug 1606 and his goods and chattels were valued at £ 1033.13.4, so £90 must have been a considerable sum. The length, detail a nd complexity of the document also may indicate a substantial area of lan d. Note that one of Henrye Worth's attorneys is Edward Chave and anoth er is Thomas Osmond (are they in related to the parties mentioned?). Wor th House is on the border with Tiverton Parish close to Knightshayes Court .

This Indenture made the Nineteenth daye of Julye in the fortith yere of t he Raigne of our sov[ereign]e Ladye Elizabeth by the grace of god of Engla nd Fraunce and Ireland Queene defendor of the fayth etc Betwine Henrye Wor th of Worth in the parishe of Washefielde in the Countye of Devon Esqui er and Bridgett his wief of thone partye And Phillippe Chave of Uplom an in the Countye aforsaid husbandman of thother partye witnesseth that t he said Henrye Worth and Bridgett his wief for and in Consideracion of t he somme of Eightscore and tenne pounds of Lawfull money of England unto t he said Henrye Worth beforethen sealinge and deliverye of these present es well and truelyesatisfyed & paid whereof and wherewith the said Henr ye Worth and Bridgett his wyef acknowledge themselves satisfyed and pay de and thereof and of everye parte and parcell thereof they doe and ever ye of them doth exonerate acquitt and dischardge the said Phillippe Chaveh is heires Executors and administrators and everye of them by these present es have given graunted alyened and bargained solde and enfeoffed and by th ese presentes for them and their heires doe fully eclerelye and absolutel ye geve graunte alyene bargaine sell and enfeoffe unto the said Phillip pe Chave his heires and assignes to the sole onelye and proper use and beh oufe of the same Phillippe Chave his heires and assignes for ever All th at Messuage and Tenemente with all their appurtenaunces scituate standin ge lyeinge and beinge within the parishe of Uploman in the said Count ye of Devon nowe or late in the tenure possession occupation or manuraun ce of Johanne Osmond widowe or of hir assignes tenaunts farmers or occupye rs under hir And also all landes meadowes leasues pastures woods underwoo ds comons wayes pathes waters watercourses easments profitts Comodityes ad vantages emoluments and hereditaments whatsoever unto the said Messuage a nd Tenement and other the premisses and everye or anye parte or parcell th ereof incident belonginge or in anye wise apperteigninge or to or with t he same nowe or heretofore leassed demised used occupied or enioyed as par te parcell or member of the same or as expectante appurtenaunt or belongi ng to the same or anye parte or parcell thereof with all &singular their a ppurtenaunces And also all other the lands tenements meadowes leasues past ures seadings and hereditaments whatsoever of the said Henrye Worth and Br idgett his wyef or of anye of them scituate lyinge beinge arysinge growin ge renewinge or encreasinge in or within the fields tithinge or paris he of Uploman aforsaid in the said Countye of Devon with all & singuler th eir appurtenaunces And also the Revercion and Revercions remainder and rem ainders use & uses righte estate title and interest whatsoever which th ey the said Henrye Worth and Bridgett his wief or anye of them have or oug hte to have of in or to the premisses and everye or anye parte or parce ll thereof with all & everye their appurtenaunces and the said Henrye Wor th and Bridgettehis wyef for the Consideracions aforsaid doe farther ge ve graunte bargaine & sell unto the said Phillippe Chave his heires and as signes all manner of deedes Charters writtings and myniments touchin ge or concerninge the premisses onelye or onelye anye parte or parcell the reof Together with the true Copye and Copyes of all other deedes Charter es and myniments whatsoever that shall concerne the premisses or anye par te or parcell thereof and which are in the Custodye or kepinge of the sa id Henrye Worth and Bridgette his wief or of anye of them or of anye oth er person or persons by his hir or their deliverye and which they or an ye of them maye Lawfullye atteine unto or come by without suite in the la we The same to be copied and written out at the onelye costs and chardg es of the said Phillippe Chave his heires or assignes & to be deliver ed to the said Phillippe Chave his heires or assignes whole uncancelled a nd undefaced or in such plite and case as the same writtings nowe are a nd that within one moneth nexte after demaunde thereof made To have a nd to holde the said Messuage Tenement lands meadowes leasues pastures sea dings hereditaments and all & singuler other the premisses by & in these p resentes geven graunte dalyened bargained and solde or by the same lymitt ed mencioned or intended to be geven graunted alyened bargained and sol de with all &singuler their & everye of their appurtenaunces unto the sa id Phillippe Chave his heires and assignes to the sole onelye and proper u se and behouf of the same Phillippe his heires and assignes for ever a nd to none other use [damaged] purpose To be holden of the Chief lor ds of the fee thereof by rents and services for the same heretofore d ue & of righte accustomed and the said Henrye Worth for the Consideracio ns aforsaid for himself his heires Executors and administrators and for ev erye of them Covenaunteth [damaged] and with the said Phillippe Chave h is heires and assignes and everye of them by these presents in manner a nd forme followinge That is to saye that he the said Henrye Worth at the t yme of then sealinge and deliverye of these presentes and at the tyme of l iverye of se[isin] [damaged] otherexecution of the estate in these present es graunted shall and willstand & be seised of and in the premisses with t ha[ppurtenaunces][damaged] …ercion thereof of a good perfecte and laufu ll estate in the lawe in fee simple or fee tayle generall with the fee the reuppon[damaged] …ires expectant and belonginge without anye condici on or condicions lymitation or lymitations of use or uses over [damaged]…a yne the same, And that they the said Henrye Worth and Bridgette his wyef h ave or one of them hath good right [damaged] [law]fullaucthoritye in his h ir or their owne righte to geve graunte alyene bargaine sell and enfeof fe the premisses [damaged] the said PhillippeChave his heires and assign es for ever in manner and forme aforsaid and also that all & singuler [dam aged] by these presentes graunted bargained and solde or by the same lymit ted mencioned or intended to be graunted and everye their appurtenaunces s hall or maye from and after the death forfeyture surrender or other determ ination of the widowe [damaged] said Johanne Osmond widowe of in or to t he premisses which first shall happen shall or maye remaine and be unto t he said[damaged] [Phillippe] Chave his heires and assignes to his and the ir proper use and behouf for ever free and clerelye exonerated acquitted a nd dis[charged] [damaged] otherwise from tyme to tyme & at all tymes there after uppon reasonable request salved and kept harmeles by thesaid [damage d] his heires executors or assignes of for from and concerninge all form er and other gifts grauntes bargaines sales feoffments wills Jointe… [dama ged] Statutes Merchaunt Statutes Staple recognisaunces Judgements executio ns yssues relieffes amerciaments liveryes intrusions rents arrerages [dama ged] and of for from and concerninge all other burdens charges and incombr aunces whatsoever heretobefore Laufullye had made donne knowledged graunt ed or suffered by anye person or persons whatsoever or wherewith or in res pecte whereof the premisses or anie parte thereof shall or maye be charg ed or incombred or the said Phillippe Chave his heires or assignes disturb ed from the quiett possessinge enioyinge or occupyinge of the premiss es or anye parte thereof The hiegh and chief rents and services of the pre misses from and after the determination of the said estate of the said Joh anne Osmond of and in the premisses to become firste due and payable un to the hiegh and Chief Lord or Lords of the fee or fees of the same and wi dowoode estate of the said Johanne Osmond widowe of & in the premisses a nd all rents duetyes and services to be paid or donne for the premiss es by the said Johanne Osmond duringe hir estate of & in the premisses one lye & alwaies excepted and foreprised and also farther that they the sa id Henrye Worth and Bridgette his wyef and the heires and assignes of t he said Henrye uppon reasonable request unto him hir or them or anye of th em in that behalf to be made by the said Phillippe Chave his heires execut ors or assignes or by anye of them shall and will from tyme to tyme a nd at all tymes hereafter within the tyme of three years nowe nexte ensuin ge doe make exequite knowledge and suffer or cause to be donne made execut ed knowledged and suffered al;l and everye such farther laufull and reason able acte and acts devise and devises assuraunce and conveyaunce assuraunc es and conveyaunces in the lawe for the more better perfectand sure makin ge of all & singuler the premisses with thappurtenaunces before in these p resents mencioned to be graunted bargained or solde unto the said Phillip pe Chave his heires & assignes for ever Be yt by fyne feoffment recover ye with vowcher or vowchers over deede or deedes inrolled thenroleme nt of these presents releasse confirmacion with warrauntye against all per sons & by all & everye the same wayes &meanes or by anye other laufu ll or reasonable waye or meane that shalbe devised or advised by the sa id Phillippe Chave his heires orassignes or his or their Counsell learn ed in the lawe and at the costs and charges in the lawe of the said Philli ppe Chave his heires or assignes So that the said Henrye Worth or Bridget te his wyef be not required to travaile out of the Countye of Devon & Ex on where they shall dwell at the tyme of request aforsaid for the makin ge or knowledginge anye the acts or assuraunces aforsaid And that all &eve rye assuraunces conveyaunces fynes feoffments and other acts whatsoever wh ich shalbe hereafter had made donne levyed or knowledgedby the said Henr ye Worth and Bridgette his wyef or by anye of them orby their or anye of t heir heires touchinge or concerninge the premisses or anye of them shal be construed demed adiudged and taken tobe and be to and for the onelye u se and behouf of the said Phillippe Chave his heires and assignes forev er and to and for no other use intent or purpose and the said Henrye Wor th and his heires all and singuler the premisses with thappurtenaunces un to the said PhillippeChave and his heires and assignes in manner & forme a forsaid againstall persons shall and will warraunte acquitt & for ever def end by these presentes moreover the said Henrye Worth hath by these presen ts constitued deputed and in his steede and place putt his wellbelov ed in Christ Edward Chave and Thomas Osmond his true and laufull Attorne ys iointlye or severallye to enter for him & in his name and steede intoa ll & singuler the premisses or into some parte thereof in the name of t he whole and possession and seison thereof for him and in his name tota ke And afterwards full and peaceable possession and seison of the premiss es or of somme parte thereof in the name of the whole todeliver to the sa id Phillippe Chave accordinge to the purporte effect and true meanin ge of these presents Ratiffyinge and allowinge all &whatsoever the said At torneys iointlye or severallye shall doe in the premisses by these presen ts In Witnes whereof the partyes abovesaid to these presente Indentures th eir seales Interchaungeablye have settyeven the daye and yere first abo ve written

Endorsed: The Counterpart of the bargaine and sale of the widowe Osmonds T enement in Uploman

Endorsed: Worth to Chave Conveyance in Uplowman Counterpart

This document deciphered by Record Office and provided by Angela Harris



It is possible that this is the GRANDFATHER of John Chave the Elder IF h is father died before he inherited. However the will of John Chave the Yo unger seems to rule this out by his description of the way the property ca me to him.

JOHAN died in 1633. She signed a will in 1633 in Uplowman. This will provided by Angela Harris found in national Archives, Kew

TNA ref. PROB11/164
In the name of God amen. The fifteenth day of August 1633 I Johan Cha ve of the parish of Uploman in the county of Devon widow being weak of bo dy but in perfect mind and memory do make and declare this my last will a nd testament in manner and form following first I commend my soul into t he hands of Almighty God my maker hoping by the death and passion of my Lo rd and saviour Jesus Christ of life everlasting and my body to the earth w hereof it was made to be buried in the parish church of Uploman aforesa id and near my husband’s grave there. Also I do give and bequeath un to my son Edward Chave £40 of lawful money of England to be paid him with in one year next after my decease if he shall be then living. But if he sh all be dead then I give the said £40 to my said son’s children if he sha ll have any child or children then living. Also I give unto my four daught ers Joane Thomazine Rebecca and Agnes 20s apiece. Also I do give and beque ath unto my son Henry Chave all such estate right and interest as my husba nd Philip Chave purchased or had from Alexander Croyder of and in certa in houses and grounds lying within the town and parish of Tiverton togeth er with the writings thereunto belonging he the said Henry and his assig ns paying and discharging all such rents duties and payments as are d ue to be paid out of and for the same. Also I do give and bequeath unto Wi llmote now wife of my son Richard the sum of £20 to be used and employ ed by my executor and overseers hereafter named in such manner as is herea fter expressed. That is to say my said executor by and wit the conse nt of my overseers shall after the end of one year after my decease empl oy the said £20 for the use and benefit of the said Wilmott for and duri ng so long time as they the said Wilmott and Richard shall live togethe r. And the use and benefit that shall be made thereof shall yearly pay un to her the said Wilmott and after the decease of my said son Richard to p ay unto her the said Wilmott the said £20 if she shall happen to overli ve him but if she happen to die or decease before the said Richard th en to pay the said £20 unto such child and children as my said son shall h appen to have begotten or to be begotten upon the body of the said Wilmot e. But if the said Richard shall fortune to have no child or children by t he said Wilmote then she dying before her husband as aforesaid I give t he said £20 to my said son Richard his children to be equally divided amon gst them. Also Ido give and bequeath unto my grandchild Emlyn Hussey £ 10 of lawful money of England to be put forth and employed by my execut or and overseers for the best use and benefit of her the said Emlyn a nd to be paid her with the benefit thereof when she shall accomplish a nd be of the full age of one and twenty years or be married which first sh all happen but if my said grandchild happen to die before she accomplish t he age of one and twenty years or be married then I give the same with su ch benefit as shall be made thereof unto my daughter Agnes Hussey her chil dren. Also I give and bequeath unto Joane Chave the daughter of William Ch ave my son 40s to be paid her at her full age of one and twenty years. Al so I do give and bequeath unto Jane and Thomas children of my son Henry Ch ave £10 apiece to be put forth for their use and benefit after they sha ll accomplish and be of the several ages of ten years and to be paid th em at their full ages of one and twenty years and if either of them die be fore they accomplish the age of one and twenty years then my will is th at his or their portion so dying shall be paid to the survivor of them. Al so I do give and bequeath unto Elizabeth the daughter of my son in law Wil liam Allen the sum of £10 to be paid her when she shall accomplish a nd be of the full age of one and twenty years. Also I do give and bequea th unto Thomas Joane and Rebecca children of my said son William Allen t he sum of 40s apiece to be paid unto them at their several ages of one a nd twenty years but if either of them happen to due before they atta in to their several ages then my will is that his or their portions so dyi ng as aforesaid shall remain and be paid unto and amongst the rest of th em surviving. Also I do give and bequeath unto my son in law William Bru er his seven children 20s apiece to be paid them at their several ag es of one and twenty years. But if either of them happen to die before th ey accomplish the age aforesaid then his her or their portion or portio ns so dying as aforesaid to remain to and amongst the survivors or surviv or of them. Also I do give unto my four sons William John Henry and Richa rd Chave 5s apiece. Also I do give unto my daughter Marrian £10. Al so I do give unto my servant Peter Please 20s. Also I do give and bequea th unto my servant Charity Wypple my new petticoats cloth. Also I do gi ve to such poor people of the parishes of Uploman and Samford Peverell whi ch now have my gift formerly given into the said parishes for the use of t he poor and which shall be at my funeral 12d apiece and their dinners. Al so I do will and appoint that my executor shall spend and bestow £20 f or my funeral. And my will is that my executor shall cover my grave wi th a good stone. All the rest of my goods chattels debts and credits my de bts and legacies paid and funeral discharged I give and bequeath unto Jam es Knight my son in law who I do make and ordain my whole and sole execut or of this my last will and testament. And I do desire and appoint my lovi ng friends William Read and James Osmond the younger gent to be my oversee rs and rulers of this my will and testament and to be aiding and assisti ng to my said executor and to call upon him to perform this my will for th eir pains and care to be taken herein I give to each of them 40s. In witne ss whereof I have hereunto set my hand and seal the day and year first abo vewritten this will was publicly read unto the said Joane Chave and acknow ledged by her to be her last will and testament and sealed and subscrib ed by her in the presence of us. Signed James Sheppard, Bennet Bobash, Jo hn Osmond.
The abovewritten will was proved at London in the presence of the venerab le father Lord Henry Marten Knight doctor at law in the Prerogative Cou rt of Canterbury constituted custodian of law in the commissary court on t he 18th November 1633 judgment to James Knight executor named in this sa id will who was constituted as administrator for each and every the goo ds chattels and credits of the said deceased to truly and faithfully admin ister the same in the name of the Holy Father. In the presence of Walter B race clerk by virtue of the commission in the spirit coming from this judg ment.

Philip CHAVE and JOHAN had the following children:

child12 i. John CHAVE died in 1703 in Uplowman. He was buried on 10 Jul 1703 in Uplowman Churchyard.(3) He has reference number ChH@@mPJH@@J1. Burial register refers to John Chave, Gent. Therefore, John (son ofEdwar d) who was a minor at the time too young, and John the youngest son of Phi lip known to have died in 1724.
reference in will note of ?great nephew, probably from a marriage settleme nt in 1687, to John Chave the Elder. This John Chave the Elder m ay be an earlier generation but probably not. There is a reference in th at will that this John inherited property from his father Philip.
Will proved 1703 in Archdeacon's Court Exeter - very probably correct link .

see detail in will of son of nephew? John Chave the Younger.

In his mother's will, every sibling with a child (or in some cases referen ce to possibility of there soon being a child) is named. Therefore John m ay have had no offspring, hence the wording of John Chave the younger wi ll describing sucession from Philip to his son John and then eventual ly to himself.
child+13 ii. William CHAVE.
child14 iii. Joane CHAVE died after 1633. She has reference number ChH@@fPJH@@J1. The spouses of 3 of Marian Joane Thomazine and Rebecca are all named wi th details of children but not yet known which spouse is which.

William ALLEN had children Elizabeth, Thomas, Joane & Rebecca
William BRUER had seven children
James Knight - almost certainly married to Marian if IGI correct
child+15 iv. Henry CHAVE.
child16 v. Thomazine CHAVE died after 1633. She has reference number ChH@@fPJH@@T1. The spouses of 3 of Marian Joane Thomazine and Rebecca are all named wi th details of children but not yet known which spouse is which.

William ALLEN had children Elizabeth, Thomas, Joane & Rebecca
William BRUER had seven children
James Knight - almost certainly married to Marian if IGI entry correct.
child17 vi. Rebecca CHAVE died after 1633. She has reference number ChH@@fPJH@@R1. The spouses of 3 of Marian Joane Thomazine and Rebecca are all named wi th details of children but not yet known which spouse is which.

William ALLEN had children Elizabeth, Thomas, Joane & Rebecca
William BRUER had seven children
James Knight - almost certainly married to Marian if IGI correct
child+18 vii. Richard CHAVE.
child+19 viii. Edward CHAVE.
child+20 ix. Agnes CHAVE.
child+21 x. Marian CHAVE.

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