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Will of Henry BARNES of Charlbury

Will 29 Jul 1758   Probate 30 Jun 1760

Source: OHC no. 213.519; 118/2/45
Contributed by: Mick Dumbleton Go to Translation Go to Transcript
Summary.
... I Henry Barnes of Charlbury ... tailor ... weak in body ...

NameRelationship[Comments] or Major Bequests
Henry BARNES Charlbury
Francis DRINKWATERKinsman (Exec)Charlbury
Ann DRINKWATERLegatee[w Francis]
Sarah DRINKWATERLegatee[d Francis & Ann]
Ann DRINKWATERLegatee[d Francis & Ann]
Henry DRINKWATERKinsmanSOM Bath
William MORRISLegatee TrusteeCharlbury
William POOLELegatee Trustee (Exec)Charlbury
Peter WYATTKinsmanBampton [bro Francis]
Francis WYATTKinsman[bro Peter]
Henry WYATTKinsman
Henry WYATTLegatee[s Henry]
William WYATTLegatee[s Henry]
Sarah WYATTLegatee[d Henry]
Mary WYATTLegatee[d Henry]
Edward POOLE SrKinsmanCharlbury
Edward BARNES SrKinsmanCharlbury
Mary HESTERKinswomanOxford
Edward HEMMINKinsmanFulbrook
John STAUNTONMention
Martha FRANKLINMention
William SMITHMention Witness
Sir Robert JENKINSONMention
Edward CLAYDONMention
Ralph RAWLINSMention
James ROGERSWitness
Edward SPENDLOVEWitness

Probate 30 Jun 1760 Oxford ... Edward Poole one of the Executors ... power reserved to Francis Drinkwater the other Executor ...
Transcriber's and Editor's Notes
"Quit rent" values for various properties appear in the margins. They are here included [in square brackets] in the body of the transcript.
The following details are believed to be true but should not be totally relied upon:
Testator: Probably brother-in-law of Francis Drinkwater (1773 qv).
  Translated and paragraphed.
with some of the standard preamble and "legalese" removed.
Go to Glossary
... I Henry Barnes of Charlbury ... tailor ... weak in body ...
  • I give my messuage where I now dwell [quit rent 3d] with its garden, back buildings etc, having John Staunton to the north, Martha Franklin to the south and the Street to the west, to my kinsman Francis Drinkwater of Charlbury and his wife Ann for life and that of the survivor of them.
    After the death of the survivor I give [the property] jointly to their daughters Sarah Drinkwater and Ann Drinkwater and their heirs forever.
    If both Francis and Ann die before their daughters reach age 24, I give [the property] to William Morris and William Poole, both of Charlbury, cordwainers, In Trust for Sarah and Ann until age 24.
  • I give my several ground at Bambury Bottom in Charlbury field [quit rent 6d], having William Smith to the east, William Morris to the west and Hunly Way to the south, to my kinsman Peter Wyatt of Bampton, gardener, and his heirs forever, he paying £40 out of it to his brother Francis Wyatt within one year after my decease.
  • I give my several ground called Lower Hunly [quit rent 11d], late Sir Robert Jenkinson to the west, Edward Claydon to the east and Hunly Way to the north, to my kinsman Henry Drinkwater of the City of Bath, mason, and his heirs forever, he paying £10 out of it to my Executors within one year after my decease to be applied towards the payment of my debts.
  • I give my several ground called Upper Hunly in Charlbury field [quit rent 8d], late Sir Robert Jenkinson to the north and east, Edward Claydon to the west, to my kinsman Edward Poole the elder of Charlbury and his heirs forever.
  • I give my two several grounds at Bobwell in Charlbury field [quit rent 3s 10d], having William Smith to the north, Ralph Rawlins to the east and south and Spelsbury Lane to the west, to my kinsman Francis Drinkwater and his wife Ann for life and that of the survivor of them.
    After the death of the survivor I give [the property] to William Poole and his heirs forever, he paying £35 out of it to William Morris or his heirs etc immediately after he comes into possession.
  • I give £5 to my kinsman Edward Barnes the elder of Charlbury, blacksmith, to be paid within two years after my decease.
  • I give £10 to my kinswoman Mary Hester of the City of Oxford, to be paid within two years after my decease.
  • I give £3 each to Henry Wyatt and William Wyatt, sons of my kinsman Henry Wyatt, and £2 each to his daughters Sarah Wyatt and Mary Wyatt, all to be paid as they reach age 24 and not before.
  • I give £5 to my kinsman Edward Hemmin of Fulbrook, labourer, to be paid within two years after my decease.
  • I give my kinsman Francis Wyatt my second best suit of clothes.
  • I give all the residue of my personal estate to my kinsman Francis Drinkwater and his heirs etc.
  • I appoint my kinsmen Francis Drinkwater and Edward Poole joint Executors, charged with the payment of my debts, legacies and funeral expenses ... revoking all other wills.

  • Witnesses James Rogers; Edward Spendlove; William Smith
Probate 30 Jun 1760 Oxford ... Edward Poole one of the Executors ... power reserved to Francis Drinkwater the other Executor ...
  As transcribed from a copy of the original document.
Original line- and page-breaks are preserved as far as possible.
In the Name of God Amen I Henry Barnes of Charlbury in the County of Oxford
Taylor being weak in Body but of a Sound Mind and perfect Memory thanks be to God for the same, And calling to
mind the uncertain State of This Life Do make and Ordain this my last Will and Testament in manner following First
I hope that my Soul may be Saved through the merits of Jesus Christ our only Lord & Saviour. And my Body I recommend
to the Earth to be Decently and Christianly Buried at the Discretion of my Executors herein after named, And as for my
Worldly Estate it has pleased the Lord to Bless me with I Give and Devise the same in manner herein following
(that is to say) I Give and Devise unto my Kinsman Francis Drinkwater of Charlbury aforesaid and to Ann his
wife all that my Messuage or Tenement wherein I now Dwell with the Garden Back Buildings and all the appurt’
[Quitt Rent To ye House – 3d]
thereunto belonging having John Staunton on the North Martha Franklin South and the Street on the west for and
during the Term of their natural Lives and the Life of the Survivor of them and from and after the Decease of the
Survivor of them I Give the same unto Sarah Drinkwater and Ann Drinkwater Daughters of the said Francis
Drinkwater Jointly To hold unto the said Sarah Drinkwater and Ann Drinkwater and their Heirs for Ever
And in Case it shall so happen that both the said Francis Drinkwater and Ann his wife shall Depart this Life
before their Said Daughters Shall and Do attain their Several Ages of Twenty four Years That then and in
Such Case I Give the Same Premises unto William Morris and William Poole both of Charlbury aforesaid
Cordwainers In Trust only for the said Sarah Drinkwater and Ann Drinkwater until they Shall Severally attain their Several
Ages of Twenty four Years. Also I Give and Devise unto my Kinsman Peter Wyatt of Bampton in the said County
of Oxford Gardiner All that my Several Ground lying in the Field of Charlbury aforesaid at a Certain place called Bambury
[Quitt Rent – 6d]
Bottom William Smith on the East William Morris on the West and Hunly way on the South To Hold unto him the
Said Peter Wyatt and his Heirs for Ever And my Will is and I Do hereby Charge the Said Peter Wyatt to pay or Cause to be
paid the Sum of Forty Pounds of Lawful money of great Britain unto his Brother Francis Wyatt out of the aforesaid
Ground hereby by me given him within the space of one year next after my Decease, Also I Give and Devise unto
my Kinsman Henry Drinkwater of the City of Bath Mason All that my Several Ground called Lower Hunly
[Quitt Rent 11d]
late S’r Robert Jenkinson on the west Edward Claydon on the East Hunly way on the North To Hold unto him the
Said Henry Drinkwater and his Heirs for Ever He paying thereout into the hands of my Executors herein after
named the Sum of Ten Pounds to be applied by them Towards the payment of my just Debts and I Do hereby Charge
that the same be paid as aforesaid within the space of one Year next after my Decease. Also I Give & Devise unto my
[Quitt Rent 8d]
kinsman Edward Poole the Elder of Charlbury aforesaid All that my Several Ground called upper Hunly in the field
of Charlbury afores’d Late S’r Rob’t Jenkinson on the North and East Edward Claydon on the west To Hold unto the
Said Edward Poole and his Heirs for Ever. Also I Give and Devise unto my Kinsman the said Francis Drinkwater and
to Ann his wife all those my two Several Grounds in the field of Charlbury aforesaid at a Certain place there called
[Quitt Rent 3s 10d]
Bobwell having William Smith on the North, Ralph Rawlins on the East and South, and Spelsbury Lane on the West
To Hold unto them for and During the Term of their Natural Lives and the Life of the Survivor of them and from
and immediately after the Death of the Survivor of them I Give and Devise the same two Grounds unto the aforesaid
William Poole and his Heirs for Ever He paying thereout the Sum of Thirty five pounds unto the aforesaid
William Morris his Heirs Executors Administrators or Assigns immediately after he the S’d William Poole shall
be in the possession of the same. Also I Give unto my Kinsman Edward Barnes the Elder of Charlbury aforesaid
Blacksmith the sum of five pounds to be paid him within the Space of Two Years next after my Decease
Also I Give unto my Kinswoman Mary Hester of the City of Oxford the Sum of Ten Pounds to be paid her within
Two Years next after my Decease. Also I Give unto Henry Wyatt and William Wyatt Sons of my said Kinsman
Henry Wyatt and to Each of them the sum of Three pounds Also I Give unto Sarah Wyatt and Mary Wyatt Daughters
of my said Kinsman Henry Wyatt and to each of them the sum of Two pounds to be paid them and their Brothers when
and as soon as they shall attain their Several Ages of Twenty four Years and not before. Also I Give unto my
Kinsman Edward Hemmin of Fulbrook in the said County of Oxford Labourer five pounds to be paid him within
the Space of two Years next after my Decease Also I Give unto my Kinsman Francis Wyatt my second best
Suit of Cloaths.
All the Rest and Residue of my Personal Estate of what Nature or kind soever I Give and Devise
unto my Kinsman the Said Francis Drinkwater and his Heirs Executors administrators and Assigns and
my Will and Desire further is and I Do hereby Charge my Executors herein after named with the payment
of all my just Debts Funeral Expences and Legacies According to the true meaning of this my Said Will
Share and Share alike out of each of their Estates hereby by me given and Devised unto them
And I Do hereby make Constitute and appoint my Said Kinsmen the Said Francis Drinkwater and the
Said Edward Poole Joint Executors of this my Last Will and Testament (contained on two sheets of
paper) Disallowing and Revoking all other Will or Wills by me at any time heretofore made
Allowing this and no other to be my Last will and Testament In Witness whereof I have Set my
hand to the first Sheet of this my Will and also my hand and Seal to this Second Sheet of my said
Will the Twenty ninth Day of July in the Year of our Lord one Thousand Seven hundred and Fifty
Eight
Signed Sealed Published and Declared                           Hen: Barnes
by the above named Testator Henry Barnes as and
for his last Will and Testament in the Presence of us
who at his request and in his presence and sight have
subscribed our Names as Witnesses hereunto the word
until being first interlined on the first sheet of this Will
James Rogers
Edw: Spendlove
Will Smith

Prov’d at Oxford the 30 June 1760 Before the Rev’d
John Bilstone M:A: Surrogate of the Worshipful Geo:
Hay Doctor of Laws Official Principal of the Rev’d
the Archdeacon of Oxon lawfully appointed By
the Oaths of Edward Poole One of the Executors
Named in the s’d Will / the like Power reserved to Francis
Drinkwater the other Executor Also Named in the s’d will
He being duly sworn &c and Faithfully to Administer &c