Firstly there's no mention of Edward's sister Judith in the will, although both Robert and Ralph are mentioned as well as their heirs.
On a quick read-through, I agree that she does not appear to be mentioned in the will.
Secondly near the end of the will is a marginal note next to the probate. It looks like it relates to the probate as it starts "Probatum". I can see the year 1663 in it as well as the names "Robertus Cooper" [Robert Cooper] and "Radulphus Cooper" [Ralph Cooper] which must relate to his brothers.
A section in the body of the will sets out how the estate is to be passed down the generations. Raphe Cooper, Edward’s brother, was appointed executor on condition that he enter into a bond promising that the entail would not be broken during his lifetime. If Raphe were to default on this, Edward’s nephews, Robert Cooper and Raphe Cooper (sons of his other brother Robert), were to become the executors of Edward’s will in place of Raphe.
Probate was duly granted to Raphe Cooper as the named executor on 24 May 1623. The marginal note of 1663 then states that when Raphe died he had failed to meet the conditions set out in the will. So a second grant of probate was made on 8[?] August 1663 to Robert Cooper and Raphe Cooper (Edward’s nephews on his brother’s side), as stipulated in the will.
Hi Bookbox
Here's the section of the will which I think you were referring to in your last post. I've made what I think is a pretty close transcription of it as follows:
“I give and bequeath all the rest of my lands tenemens and hereditaments whatsoever whatsoever they be called or wheresoever lying or being within the counties of Sussex and Surrey to my brother Ralph Cooper for [the] term of his life And alfter his decease to Thomas Cooper his sonne and to the heirs male of the sayd Thomas lawfully begotten or to bee begotten and for want of issue male of the sayd Thomas to remayn to Edward Cooper second sonne of my sayd brother Ralph Cooper and to the heirs male of the sayd Edward Cooper lawfully begotten or to be begotten And for want of issue male of the sayd Edward Cooper to remayn to Robert Cooper my nephew and to the heirs male of the said Robert as aforesaid and for want of such issue male of he said Robert as aforesaid to remayne to Ralph Cooper his brother to the heirs male of the sayd Ralph and for want of issue male of the sayd Ralph as aforesaid to remayne to his brothers in like ___ Item I doe make my brother Ralph Cooper sole executor of this my last will …..”
Note words in [] have been inserted to make it easier to read.
From this I think this establishes how the land etc here should be distributed after Edward's death.
As far as I can tell this tells us that Edward bequeaths the lands etc to his brother Ralph, and then to Ralph's son Thomas and his heirs male, but if Thomas has no heirs male then they are to go to Ralph's second son Edward and his heirs male.
However if Edward has no heirs male then they are to go Robert Cooper nephew of Edward Cooper the testator and to his heirs male.
If Robert has no heirs male then they are to go Robert's brother Ralph and the heirs male of his body. If Ralph has no heirs male they are to go to his brothers.
Would that be about right in summary? It definitely helps in building up a tree for these people.
There is a word in the last line after where it says "for want of issue male of the sayd Ralph as aforesaid to remayne to his brothers in like" which I can't quite make out. Do you have any idea what that word is?
Thanks for your help and I look forward to your thoughts on this.
Matt