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Will of Samuel CHURCHILL of Deddington

Will 17 Apr 1808   Codicil 18 Apr 1808   Probate 19 Jul 1808   Admons 24 Jun 1843 & 20 May 1862

Source: TNA no. PROB11/1482
Contributed by: Spencer Field Go to Translation Go to Transcript
Summary.
... me Samuel Churchill Esq of Deddington ...

NameRelationship[Comments] or Major Bequests
Samuel CHURCHILL Deddington
Samuel CHURCHILLSon (Exec)
Rev Benjamin CHURCHILLSon
John CHURCHILLSon
Priscilla MARSHALLDaughterDeceased
Rev Edward MARSHALLSon-in-law
Jane KNIBBSLegatee Servant
Susanna EASTLegatee
John EASTMention[husband of Susanna]
William EASTLegatee[s Susanna]
Mary FOWLERLegatee
Thomas FOWLERMentionDeceased [s Mary]
Rev John CARTERLegatee[with unnamed wife legatee]
Charles DUPUISLegatee
Mr GATESMentionDeceased
Oldfield BOWLESLegatee Friend
Sir Harry Watkins DASHWOODLegatee FriendBaronet
Rev Sir John Thomas WHEATELegatee FriendBaronet
James TAYLORLegatee Friend
William TAYLORLegatee Friend
Miss Catherine TAYLORLegatee Friend
Mrs FRANKLINLegatee FriendHaddon Hall
John BROOKSLegatee Friend
James GRAHAMLegatee Friend
Robert WESTONLegatee Friend
Thomas COBB SrLegatee Friend
George HINDERLAYLegatee Friend
Bartholomew Churchill CARTERLegatee Friend
Richard GREENWOODLegateeEwelme
Thomas HUDSONLegateeDeddington
William HUDSONLegatee[s Thomas].
Thomas SOUTHAMLegateeWootton
Thomas CHURCHILLLegateeLondon
Sarah CHURCHILLLegatee[sister of Thomas]
Robert WESTONLegatee
Francis BRANGWINSeller of landMiddle Barton
Rev John Gaskarth ELLAMention
George COLESSeller of property
William Ralph CARTWRIGHTSeller of land
Thomas CALCOTTTenantDeddington
Nathaniel JARVISWitness to will
William KNIBBSWitness to will
Robert ROGERSWitness to will
Esther CHURCHILLWitness to codicil
Mary Ann CHURCHILLWitness to codicil
Samuel C FIELDWitness to codicil
Samuel PERKINSGrantee of 1st AdmonNTH Towcester
William JEFFSMention in 1st AdmonNTH Costow (Marston St Lawrence)
William WHITTONMention in 1st AdmonNTH Greens Norton
Charles William LAWRENCEGrantee of 2nd Admon
 
Probate 19 Jul 1808 London (PCC) with a codicil ... Samuel Churchill Esq the son and sole executor named ...
"Limited" Admon 24 Jun 1843 of the goods left unadministered by Samuel Churchill dec'd (the son) granted to Samuel Perkins of NTH Towcester, merchant, the nominee of William Jeffs of NTH Costow, gentleman, and William Whitton of NTH Greens Norton gentleman ...
Admon 20 May 1862 of the estate etc of Samuel Churchill left unadministered by Samuel Churchill dec'd (the son) granted to Charles William Lawrence.
Transcriber's and Editor's Notes
Died 21 Apr 1808.
Samuel Jr didn't finish the administration before he died (10 Aug 1840).
In 1843 Admon was granted of a part of his property involved in a 200-year Lease.
Another Admon (1862) was required to complete the task.
  Translated and paragraphed.
with some of the standard preamble and "legalese" removed.
Go to Glossary
... me Samuel Churchill Esq of Deddington ...
  • All my debts, funeral and testamentary expenses are to be paid
  • Whereas upon the marriage of my late daughter Priscilla with the Rev Edward Marshall I made a certain provision for him, now I confirm [it]
  • In addition I give Edward Marshall an annuity of £50 for life, charged upon all my [properties] in Middle Barton purchased by me from Mr Francis Brangwin; to be paid by equal half yearly payments beginning six months after my decease; and I grant him full powers by distress etc for recovering payment of the annuity if all or part of it is unpaid for 21 years [sic]
  • I give my son the Rev Benjamin Churchill and his executors etc the next term or right of presentation to the rectory and parish church of Tadmarton, with the rights etc belonging, lately purchased by me from the Rev John Gaskarth Ella.
  • I give my son Benjamin £8000, to be paid by my son Samuel Churchill within twelve months after my decease, with 4% pa interest from the time of of my decease.
  • I give my son John Churchill the freehold messuage with the barns, stables, outbuildings, yard, garden etc in Deddington formerly belonging to George Coles, and the freehold close or orchard in Deddington called Freuchs lately purchased by me from William Ralph Cartwright Esq, all of which adjoin to the copyhold messuage, garden etc now in my own occupation (in which the life of my son John is estated); to him and his heirs etc forever.
  • I give my son John £8000, to be paid by my son Samuel within twelve months after my decease, with 4% pa interest from the time of of my decease.
  • I charge all my real estates in Deddington (except John's above legacies) with the payment of the two legacies of £8000 to my sons Benjamin and John.
  • I give all my linen to my three sons Samuel, Benjamin and John equally divided.
  • I give my son Samuel the silver tankard which was my late niece's.
  • To my son Benjamin the silver tankard which was his mother's.
  • To my son John all the rest of my plate and all my household goods and furniture in my dwelling house at the time of my decease.
  • All my manors, messuages, farm lands, tenements and hereditaments and all my other real estates, with all their rights, members etc; also all my stocks, funds, monies, mortgages and securities for money, debts, chattels and other personal estate and effects not already disposed of, with all my estate and interest therein (but charged as above), I bequeath to my son Samuel Churchill and his heirs etc for his own use and benefit according to the natures of the estates.
  • I appoint my son Samuel Churchill sole executor ... I revoke all other wills.

  • Witnesses Nath’l Jarvis Wm Knibbs Robert Rogers
=========================
Codicil 18 Apr 1808
  • Whereas I have given my son Samuel Churchill all my real estate except some in Deddington given to my son John.
    Now I revoke the [gift] of the cottage with outbuildings etc in New St, Deddington, now in the occupation of Thomas Calcott, and give [it] to my servant Jane Knibbs for life.
    After her decease I give [it] to my son Samuel Churchill and his heirs etc forever.
  • I also give Jane Knibbs 2s per week for life, to be paid weekly by my son Samuel.
  • To my other servants who are living with me at my decease £5 each, to be paid by Samuel within six months after my decease.
  • I give Susanna East widow of John East 1s per week for life, and after her decease I give her son William East 2s per week for his life, to be paid weekly by Samuel.
  • I give Mary Fowler, the mother of my late clerk Thomas Fowler, and those of his brothers and sister as are living at the time of my decease, £140 equally divided between them.
  • I give to Mrs Carter the wife of the Rev John Carter (late of Barton) 20 gns, and to John Carter (if he survives his wife) an annuity of £10 for life, to be paid half yearly by Samuel beginning six months after his wife's decease.
  • I give Mr Charles Dupuis 10 gns and the chamber clock he gave me, part of the furniture of the late Mr Gates.
  • I give my good friends Oldfield Bowles Esq, Sir Harry Watkins Dashwood, Baronet, The Reverend Sir John Thomas Wheate, Baronet, James Taylor Esq, William Taylor Esq, Miss Catherine Taylor, Mrs Franklin of Haddon Hall, John Brooks Esq, James Graham Esq, Robert Weston Esq, Thomas Cobb Sr Esq, George Hinderlay Esq and Bartholomew Churchill Carter Esq 10 gns each.
  • To Mr Richard Greenwood of Ewelme 20 gns.
  • To Mr Thomas Hudson of Deddington and to his son Mr William Hudson 50 gns each.
  • To Mr Thomas Southam of Wootton 50 gns.
  • To Thomas Churchill, baker, now living in London, 5 gns and to his sister Sarah Churchill 5 gns.
  • To Mr Robert Weston, clerk to my son Samuel, 50 gns.
  • All which legacies I direct shall be paid by my son Samuel out of my personal estate within twelve months after my decease
  • In all other respects I confirm my will.
  • Witnesses Esther Churchill ­ Mary Ann Churchill Sam’l C Field
Probate 19 Jul 1808 London (PCC) with a codicil ... Samuel Churchill Esq the son and sole executor named ...
======================
24 Jun 1843 Admon of the goods etc of Samuel Churchill left unadministered by Samuel Churchill deceased the son and sole Executor named (who died intestate) was granted to Samuel Perkins of NTH Towcester, merchant, the nominee of William Jeffs of NTH Costow (parish of Marston St Lawrence) gentleman and William Whitton of the Park in NTH Greens Norton gentleman, but limited to the deceased's interest in certain closes of pasture land etc in NTH S___esbury and the remainder of a term of 200 years assigned to him by an indenture dated 18 Sep 1804 and no further.
======================
20 May 1862 Letters of Admon of the personal estate etc of Samuel Churchill who died 21 Apr 1808 at Deddington left unadministered by Samuel Churchill deceased the son and sole Executor named (who died intestate) were granted under certain limitations to Charles William Lawrence.
  As transcribed from a copy of the original document.
Original line- and page-breaks are preserved as far as possible.
Samuel Churchill, Esquire

This is the Last Will
And testament of me Samuel Churchill of Deddington
in the county of Oxford, Esquire, being of sound
mind memory and understanding, praised be God
First my will is and I do hereby direct that all
my just debts funeral and testamentary expenses

be fully paid, by my executor hereinafter named
with and out of my personal estate with all
convenient speed after my decease whereas upon
the marriage of my late daughter Priscilla
with the Reverend Edward Marshall I made a
certain provision for him, now I do hereby
confirm the same and in addition thereto I
do hereby give and bequeath unto the said
Edward Marshall and his assigns for and
during the term of his natural life one
annuity or clear yearly sum of fifty pounds
of lawful money of Great Britain to be
issueing and payable out of and charged and
chargeable upon all my messuages or tenament
farm lands hereditaments and premises
situate and being in Middle Barton in the
County of Oxford by me purchased of Mr Francis
Brangwin and to be paid and payable to the
said Edward Marshall and his assigns by even
and equal half yearly payments The first
payment thereof to be made at the expiration
of six months next after my decease and I do
hereby give and grant unto the said Edward
Marshall and his assigns such and the like
powers Remedies and Authorities by distress
and hereby or otherwise upon my said messuages
farm lands and hereditaments in Middle
Barton aforesaid hereby charged with the
payment of the said annuity for recovering
and compelling payment of the said annuity
or clear yearly sum of fifty pounds in case
the same or any part thereof shall be in
arrear and unpaid for the space of twenty
one years (having been lawfully demanded) as
Landlord and by law empowered to use and
excersised with respect to rights reserved upon
common laws I give and bequeath unto my
son the Reverend Benjamin Churchill his executors
administrators and assigns all that the next term
or right of presentation nomination and
for disposition of in and to the rectory and
parish church of Tadmarton in the county of
Oxford with the rights and appurtenances
thereto belonging by me lately purchased of
the Reverend John Gaskarth Ella I also give and
bequeath unto my said son Benjamin Churchill
the Legacy or sum of eight thousand pounds
of lawful money of Great Britain to be paid
to him by my son Samuel Churchill within
twelve months next after my decease with
interest for the same after the rate of four
pounds per centum per annum from the time of

of my decease until the said legacy or sum of
eight thousand pounds shall be paid to him I
give and devise unto my son John Churchill
all that freehold messuage or tenament with
the barns stables outbuildings yard garden and
all other the appertanances to the same
adjoining and belonging situate and being in
Deddington aforesaid heretofore belonging to
George Coles and all that freehold close or orchard
in Deddington aforesaid called Freuchs by me lately
purchased of William Ralph Cartwright Esquire
which said messuage or tenament barns stables
outbuildings yard garden and close or orchard
adjoin to the copyhold messuage garden and
premises now in my own occupation (in which
the life of my said son John is estated to hold
to him my said son John Churchill his heirs
and assigns for ever I also give and bequeath
unto my said son John Churchill the legacy
or sum of eight thousand pounds of lawful
money of Great Britain to be paid to him
by my son Samuel within twelve months
next after my decease with interest for the same
after the rate of four pounds per centum per
annum from the time of my decease until the
said legacy or sum of eight thousand pounds
shall be paid to him and I do hereby subject
and charge all and singular my real estates
within the parish and liberties of Deddington
aforesaid except the said messuage or tenament
buildings yard garden close or orchard and
previous above devised to my said son John
to and with the payment of the said two devises
legacies or sums of eight thousand pounds each
to my said two sons Benjamin and John accordingly
I give all my linen to my said three sons Samuel
Benjamin and John to be equally parted and
divided between them share and share alike I
give to my son Samuel the silver tankard
which was my late nieces To my son Benjamin
the silver tankard which was his mothers
and to my son John all the rest of my plate
and all my household goods and furniture
of every description which shall be in and about
my dwelling house at the time of my decease
and as to for and concerning all and every
my manors messuages farm lands tenaments
and hereditaments and all other my real estates
whatsoever and wheresoever whether in possession
reversion remainder or expecting or otherwise
howsoever together with their and every of their
rights members and appertanances and also as to

for and concerning all and every my stocks funds
monies mortgages and securities for money debts
chattles and other my personal estate and effects
whatsoever and wheresoever and of what nature
kind or quality soever the same may be or consist
not by me otherwise already disposed of I
devise and bequeath the same and every of
them and every part thereof and all my estate
and interest therein respectively subject and charged
and chargable nevertheless as hereinbefore mentioned
unto my son Samuel Churchill his hiers executors
administrators and assigns for his and their own
absolute use and benefit according to the different
natures and qualities of the same estates respectively
and I do hereby nominate constitute and appoint
my said son Samuel Churchill sole executor of
this my Will and I do hereby revoke all former
and other Wills by me made and declare this only
to be my last Will and Testament in witness
whereof I the said Samuel Churchill have to
this my last Will and Testament contained in
two sheets of paper set my hand and seal
this seventeenth day of April in the year of our
Lord one thousand eight hundred and eight.
Samuel Churchill S.S. Signed Sealed published
and declared by the said Samuel Churchill the
testator as and for his last Will and Testament
in the presence of us who have subscribed our
our names as witnessess thereto at his request
in his presence and in the presence of each
other Nath’l Jarvis --- Wm Knibbs –Robert
Rogers.

Whereas I Samuel Churchill of Deddington
in the County of Oxford Esquire have made and
published my last Will and Testament in writing
bearing date the seventeenth day of April
instant and have thereby given and devised
unto my son Samuel Churchill all and every
my manors messuages farms lands tenements
hereditaments and real estate (except certain
previous in Deddington thereby devised to my said
son John) now I do by this writing which I
declare to be a Codicil to my said will revoke
the devise thereby made to my said son Samuel
of all that cottage or tenement with the outbuildings
and appurtenances in the New street in Deddington
now in the occupation of Thomas Calcott and do
hereby give and devise the same cottage or
tenament and premises unto my servant
Jane Knibbs to hold to her and her assigns

for and during the term of her natural life
and after her decease I give and devise the said
cottage or tenament and premises unto my
said son Samuel Churchill his heirs and assigns
for ever. I also give unto the said Jane Knibbs
the sum of two shillings per week for her life
to be paid to her weekly by my son Samuel and
to my other servants who shall be living with me
at the time of my decease five pounds each
to be paid by my son Samuel within six months
next after my decease. I give unto Susanna East
widow of John East the sum of one shilling per
week during her life and after her decease I do
give unto her son William East the sum of two
shillings per week for his life to be paid
weekly by my son Samuel. I give unto Mary
Fowler the mother of my late clerk Thomas
Fowler deceased and to his brothers and sister
or such of them as shall be living at the time
of my decease one hundred and forty pounds
to be equally parted and divided between them
share and share alike. I give to Mrs Carter the
wife of the Reverend John Carter (late of Barton)
twenty Guineas and to the said John Carter in
case he shall survive his said wife an annuity
or yearly sum of ten pounds during his life
to be paid to him or his assigns by my said
son Samuel by half yearly payments the first
payment thereof to be made at the end of six
months after his said wifes decease. I give to
Mr Charles Dupuis ten Guineas and the chamber
clock he gave me part of the furniture of the
late Mr Gates. I give unto my good friends
Oldfield Bowles Esquire, Sir Harry Watkins,
Dashwood Baronet The Reverend Sir John Thomas
Wheate Baronet James Taylor Esquire William
Taylor Esquire Miss Catherine Taylor Mrs. Franklin
of Haddon hall John Brooks Esquire, James
Graham Esquire, Robert Weston Esquire, Thomas
Cobb the elder Esquire, George Hinderlay Esquire
And Bartholomew Churchill Carter Esquire ten
Guineas each. To Mr. Richard Greenwood of
Ewelme twenty Guineas. To Mr. Thomas Hudson
of Deddington and to his son Mr. William Hudson
fifty Guineas each, To Mr Thomas Southam of
Wooten fifty Guineas, To Thomas Churchill
baker now living in London five Guineas and to
his sister Sarah Churchill five Guineas and to
Mr. Robert Weston clerk to my son Samuel fifty Guineas
all which Legacies I direct shall be paid by my
son Samuel out of my personal estate within twelve
months after my decease and in all other respects

I do hereby ratify and confirm my said Will and all
and every the gifts devises bequests matters and
things therein contained. In witness whereof I have
hereinto set my hand and seal the eighteenth day
of April in the year of our Lord one thousand eight
hundred and eight -- Sam Churchill S.S. Signed
Sealed published declared by the said Samuel
Churchill the testator as and for a Codicil to his
last Will and Testament in the presence of us
who have subscribed our names as witnessess
thereto at his request in his presence and in the
presence of each other several Interlineations of the
word “Guineas” having been first made therein.
Esther Churchill ­ Mary Ann Churchill – Sam’l C
Field.
This will was proved at London with
a codicil the nineteenth day of July in the year
of our Lord one thousand eight hundred and
eight before the worshipful Charles Coote Doctor
of Laws and Surrogate of the Right Honorable
Sir William Wynn Knight Doctor of Laws Master
Keeper or commisary of the prerogative court of
Canterbury lawfully constituted by the oath of
Samuel Churchill Esquire the son of the deceased
And sole executor named in the said Will to
Whom administration was granted of all and
Singular the goods chattles and credits of the
said deceased he having been first sworn duly
to administer.
==========================
[Written in margin of sixth page]
On the 24th June 1843 Admon
of the Goods Chattles and Credits
of Samuel Churchill late
of Deddington in the County
of Oxford Gentleman deceased
left unadm’ by Samuel
Churchill deceased whilst
living the son of the said deceased
and the sole Executor
named in his Will was
granted to Samuel
Perkins of Towcester in
the County of Northampton
Merchant the nominee
of William Jeffs of
Contre? in the Parish
of Marston Saint
Lawrence in the County
of Northampton Gentleman
and William Whitton
of the Park in the Parish
of Greens Norton in
the same County
Gentleman limited
so far only as concerns
all the Right Title and
Interest of him the said
Deceased in and to certain
Closes of pasture land
or enclosed grounds
situate in S___esbury
in the County of Northampton
with their Appurtenances
and the Remainder of a
certain Term of Two
hundred years assigned
to the said Samuel
Churchill deceased by
a certain Indenture of
six parts bearing date
the eighteenth day of
September in the year
one thousand eight hundred
and four now to come
and unexpired therein so
far as the said Term relates
thereto and all benefit
and advantage to be had
received and taken therefrom
but no further or otherwise
or in any other manner
whatsoever he having been first
sworn by Com’on duly to administer
The said Executor died intestate.
==========================
[Written in margin of fifth page]
On the 20th May 1862
Letters of Admon of
the personal Estate and
Effects of Samuel Churchill
late of Deddington in
the County of Oxford, Gentleman,
deceased who died the
21 April 1808 at
Deddington aforesaid
left unadministered
by Samuel Churchill
deceased whilst living
the son and the sole
Executor named in
the Will of the said
deceased were granted
under certain limitations
to Charles William
Lawrence he having
been first sworn
The said executor having
died intestate.