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Will of Bartholomew CHURCHILL Sr of Deddington
Will 14 Jun 1780 Probate 15 Jul 1780 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Translated and paragraphed. with some of the standard preamble and "legalese" removed. Go to Glossary | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
... me Bartholomew Churchill the Elder of Deddington ... gentleman ...
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As transcribed from a copy of the original document. Original line- and page-breaks are preserved as far as possible. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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This is the Last Will and Testament of me Bartholomew Churchill the Elder of Deddington in the County of Oxford Gentleman being of sound and perfect mind memory and understanding praised be God I give to my dear and only Brother Benjamin Churchill all that new built messuage or tenement he now lives in situate in Deddington aforesaid with the appurtenances to the same belonging to hold to him his heirs and assigns for ever I further give to my said brother one annuity or yearly rent charge of thirty five pounds of lawful money of Great Britain for and during the term of his natural life thirty pounds per annum part thereof to be issueing and payable to him and his assigns by and out of the rents issues and profits of such part of my freehold messuages lands tenements and hereditements situate standing lying and being in Deddington aforesaid as is hereinafter by me given to my Nephew Samuel Churchill attorney at law and the remaining five pounds per annum residue thereof to be issueing and payable to him and his assigns by and out of the rents issues and profits of all and every my freehold messuages lands tenements and hereditaments situate standing and being in Great Bradford other wise Barford Saint Michael in the said county of Oxford hereinafter by me given to my Nephew John Churchill of Woodstock by two equal half yearly payments and to be paid and payable to him and his assigns by the said Samuel Churchill and John Churchill their heirs or assigns in the proportions aforesaid at or upon the two most usual feasts or days of payment in the year that is to say Michaelmas and Lady day by even and equal portions and payments without any deduction or abatement whatsoever the first payment thereof to be made on such of the said feasts as shall first happen after my death whereas by Indenture of lease and release bearing date on or about the twelfth and thirteenth days of July in the year of our Lord one thousand seven hundred and sixty five the release being of three parts and made between myself and Jane my late dear wife deceased of the first part Bartholomew Churchill of the same place my nephew of the second part and William Coles therein named of the third part for the considerations therein mentioned I do give and grant the messuage or tenement wherein I now live together with the warehouse outbuildings yard garden and appurtenances thereto belonging and also a cottage late in the occupation of widow Hiorns And therein particularly mentioned after the several deceases of myself and my said wife to the use of the said Bartholomew Churchill my nephew his heirs and assigns for ever Now I do hereby ratify and confirm the said indentures of lease and release and give the same premises to my said nephew Bartholomew Churchill his heirs and assigns for ever I give all that messuage or tenement by me lately purchased of Jonathan Fardon Thomas Enock and Mary his wife and now in the occupations of myself and Phillip Lambert situate in Deddington aforesaid with the appurtenances to the same belonging unto my said nephew Bartholomew Churchill his heirs and assigns for ever I further give to my said nephew Bartholomew Churchill his heirs and assigns all that freehold close known by the name of Skillmans? Close all that freehold quarter of a yard land by me purchased of Job Coles and all those my several odd Ridges of freehold land lately belonging to Thomas Sweatman and the inheritance of my honoured father deceased with their and every of their commons and appurtenances which said Close Quarter of a yard land odd ridges of land and commons with the appurtenances are situate lying and being in Clifton within the parish of Deddington aforsaid and was in my own occupation I further give unto my said nephew Bartholomew Churchill his executors administrators and assigns all and every my leasehold Estate by me held under Christ Church College in the University of Oxford with all and every the appurtenances belonging to the same situate lying and being in Clifton aforesaid and now in my own occupation and whereas I did at a Court Baron of Sir James Dashwood Baronet And Mary Catherine Cartwright Lord and Lady of the Manor of Deddington aforesaid held the ninth day of November one thousand seven hundred and seventy had put and place the lives of my said nephew Bartholomew Churchill and his sons Crescens in a close and one yard land in Clifton held by copy of Court Roll of the Manor of Deddington aforesaid and I do at the same time make a Bond from my said nephew Bartholomew Churchill for his and her and son Crescens surrendering the same premises as I should direct Now I do hereby order that the said Bond be given up to be cancelled and that my said nephew Bartholomew Churchill and his son Crescens may have and enjoy the said copyhold close and premises according to the custom of the said Manor and I do hereby give the same to them in succession as they are named in the said copy accordingly I give to my said nephew John Churchill all and every my freehold Messuages or lands tenements and Hereditaments with their and every of their appurtenances situate and being in Great Barford otherwise Barford Saint Micheal aforesaid to hold to him his heirs and assigns for ever subject to the payment of the said five pounds per annum to my said Brother Benjamin as aforesaid. and whereas by certain articles of agreement of three parts bearing date on or about the twelfth day of July one thousand seven hundred and seventy five and made between Edward Greenwood of Haddenham in the County of Bucks Gentleman of the first part Ann Churchill of Deddington afore’s my niece of the second part and myself of the third part and made previous to the marriage of the said Edward Greenwood with the said Ann Churchill for the consideration therein mentioned I do thereby for myself my heirs executors and administrators covenant promise and agree to and with the said Edward Greenwood his executors and administrators that all and singular the messuages lands and hereditaments of me the said Bartholomew Churchill with the appurtenances situate lying and being within the towns and fields of Deddington and Great Barford otherwise Barford Saint Michael aforesaid or in either of them (except the said messuage or tenement wherein I inhabit and dwell in Deddington aforesaid with the warehouse coach house stable outbuildings and appurt’s thereinto belonging and also except the said cottage or tenement in Deddington aforesaid by me lately purchased of the said Jonathan Fardon Thomas Enoch and Mary his wife and the said tenement late in the occupation of widow Hiorns) Should from and immediately after the solomnization of the said marriage between the said Edward Greenwood and Ann Churchill stand and be charged and chargeable with the payment of eight hundred pounds to the said Edward Greenwood his executors administrators and assigns and to be paid to him or them within three months next after my decease and in the now renting articles is contained proviso that in case the said Ann Churchill the intended wife of the said Edward Greenwood should depart this life without issue as in the said rented articles is mentioned then and in such case certain copyhold messuages lands and hereditaments therein contained to be surrendered to the uses therein mentioned should stand charged and chargeable with the payment of four hundred pounds to me my executors administrators and assigns and whereas since the making and executing the said articles made previous to the marriage of my said niece Ann with the said Edward Greenwood as aforesaid I have advanced and paid to the said Edward Greenwood one hundred pounds in part discharge of the said eight hundred pounds and subject to the payment of seven hundred pounds to the said Edward Greenwood being the remainder of said sum of eight hundred pounds so by me covenented to be paid as aforesaid and also subject to the payment of thirty pounds per annum to my said Brother Benjamin as aforesaid I give all that my freehold messuages or tenement [the following 9 lines inserted marginally] and Malthouse with the Buildings Garden and appurtenances to the same belonging situate in Philcock? Street in Deddington aforesaid [in] the several occupations of mys[elf] Robert ffranklin and William Buller Robinson Also all the freehold Messuage or Tenement with the garden common and appurtenances belonging thereto in the possesion of Henry Rogers in Deddington aforesaid also all that freehold messuage or tenement and yard land and commons with their and every of their appurtenaces in the possession of Nathaniel Parsons or his undertenants in Deddington aforesaid Also all that freehold close called the Ryaida? and one yard land in Deddington aforesaid with the apurtenances in the occupation of William Whetton Also all that freehold close and one yard land with the appurtenances in Deddington aforesaid in the occupation of William Coles or his undertenants also all that freehold yard land with the appurtenances in Deddington aforesaid in the occupation of John French Also all that plot of ground in Hoss Lane in Deddington aforesaid by me purchased of Thomas Gardner Also all and every the Quit rents payable to me out of any Messuages or lands in Deddington aforesaid and also all that my freehold messuage or tenement with the outbuildings garden orchard and appurtenances belonging thereto in Heath in the County of Oxford unto my said nephew Samuel Churchill to hold to him his heirs and assigns for ever It is my will and desire and I do hereby order and direct that my said nephew John Churchill or my freehold estate in Great Barford herein before by me given to him shall not pay the said seven hundred pounds to the said Edward Greenwood or any part thereof but that my said nephew Samuel Churchill shall pay the whole of the said sum of seven hundred pounds and indemnify the said John Churchill of and from the same and every part thereof I give to my niece Mary Field wife of Samuel Field of Thame five hundred pounds of lawful Money of Great Britain and I give to my nephew Henry Churchill of Tackley five hundred pounds of like lawful money which said two legacies I do hereby charge on all and every my freehold estates hereinbefore by me given to my said nephew Samuel Churchill and also on the part and share of my personal estate herein after by me given to him with the payment thereof and do hereby order and direct him to pay the same in one year next after my decease accordingly and whereas I lately purchased a copyhold house with its appurtenances in Adderbury in the County of Oxford which by my mother was surrendred to my said nephew Samuel Churchill and he is admitted thereto Now I do hereby give him the same to hold to him his heirs and assigns according to the term of the copy thereof I give and devise all that my freehold farm house and farm two yard lands of arable meadowland and pasture with the commons thereinto belonging also all those three ridges of arable land and one other cow Common and also all that close called Shade Lane Close with the rights members commons and appurtenaces to the same premises belonging situate standing lying and being in Clifton aforesaid and was in the occupation of Valentine Austin unto my said nephew Samuel Churchill for and during the term of his natural life without impeachment of waste and from and after the determination of that estate by forfieture or otherwise in the life time of my said nephew Samuel Churchill I give and devise the said farm house two yard lands three ridges of land commons close and hereditaments with their and every of their appurtenances in Clifton aforesaid in the occupation of Valentine Austin unto John Griffin and Philip Manning and their sons for and during the life of my said nephew Samuel Churchill to the intent and purpose to preserve and support the contingent remainders in this my Will herein after limited so that the same may not be barred defeated or destroyed and that they and the survivor of them and the heirs of such survivor shall and may make such entries and do such acts as shall be thought proper for that end and purpose but in trust nevertheless to permit and suffer my said nephew Samuel Churchill to receive and take the rents issues and profits thereof to and for his own use and benefit during his natural life and from and after the decease of my said nephew Samuel Churchill I do give and devise all and every the said farm house two yard lands three ridges of land commons close and hereditaments with their and every of their appurtenances in Clifton aforesaid in the occupation of Valentine Austin unto the first son of the Body of my said nephew Samuel Churchill lawfully issueing and to the heirs of the body of such first son lawfully issueing and for default of such issue then to the second third fourth fifth sixth and all and every other the son and sons of the body of my said nephew Samuel Churchill lawfully issueing severally successively and in remainder one after another as they shall be in seniority of age and priority of birth and to the several and respective heirs of the body and bodies of all and every such second third fourth fifth sixth and all and every other son and sons of the body of my said nephew Samuel Churchill issueing the eldest of such son and sons and the heirs of his body being always to be preferred and take before the younger of such sons and the heirs of his and their body and bodies and for default of such issue I do give and devise all and every the said farm house two yard lands three ridges of land commons close and hereditaments with their and every of their appurtenances in Clifton aforesaid in the occupation of the said Valentine Austin to all and every the daughter and daughters of the body of my said nephew Samuel Churchill lawfully issueing as tenants in common and not as joint tenants and to the several and respective heirs of the bodies of all and every such daughter and daughters lawfully issueing and for default of such issue I do give and devise the same premises with their and every of their appurtenances to the right heirs of the said Samuel Churchill for ever and as to for and concerning the said sum of four hundred pounds so limited to me my executors and administrators by the said rented articles made on the marriage of my said niece Ann with the said Edward Greenwood upon the contingencies therein mentioned I give and bequeath the sum of two hundred pounds part thereof unto Benjamin Churchill son of my said nephew John Churchill his executors administrators and assigns to be paid and payable to him and them so soon as such contingency shall happen and the remaining two hundred pounds other part of the said four hundred pounds I give and bequeath unto Samual Churchill son of my said nephew Samuel Churchill his Executors administrators assigns to be paid and payable to him and them so soon as such contingency shall happen I further give to my said nephew Bartholomew Churchill all and every my horses cows cattle corn grain hay and all other my stock crop and utensils in husbandry whatsoever that I shall leave at the time of my decease at Clifton aforesaid I give to my said nephew Bartholomew Churchill all my hall furniture to my said nephew Samuel Churchill my silver tankard I further give to my said niece Ann Greenwood all my parlor furniture and also all the furniture in the room over it I give to my nephew Joseph Churchill of Watlington the sum of five hundred pounds of lawful money of Great Britain to be paid to him by my executors herein after named in one year next after my decease out of my personal estate I give to my great niece Mary Churchill daughter of my said nephew Bartholomew Churchill the sum of two hundred pounds to be paid out of my personal estate in twelve months next after my decease which said two hundred pounds I do hereby order and direct my executors herein after named or the survivor of them or the executors or administrators of such survivor to put and place out at interest till my said great niece Mary Churchill shall arrive to the age of twenty one years or be married and from and after her arrival to the age of twenty one years or marriage I order that the same be paid [the following 4 lines inserted marginally] to her and until she shall arrive to that age or be Married I do direct that the interest thereof be paid for her maintenance and education and in case of the death of the said Mary Churchill my great niece before the age of twenty one years or marriage I give the said two hundred pounds to Margaret another of the daughters of my said nephew Bartholomew Churchill in such and the same manner as the same is intended to be paid to the said Mary her sister and in case of the death of the said Margaret under the age of twenty one years and unmarried I give the same two hundred poundred [sic] pounds to Alice another of the daughters of my said nephew Bartholomew Churchill in such and the same manner as the same is directed to be paid to the said Mary her sister and in case of the death of the said Alice under the age of twenty one years and unmarried I give the said two hundred pounds to my said nephews Bartholomew Churchill and Samuel Churchill their executors and administrators share and share alike I forgive Susanna Churchill widow of my late nephew Benjamin Churchill deceased the sum of twenty pounds part of the money which she now owes me I give and bequeath unto my servant Mary Parish in case she shall be living with me at the time of my decease but not otherwise the sum of fifty pounds of lawful money of Great Britain to be paid to her by my executors hereinafter named within three months next after my decease out of my personal estate I give to the poor of Clifton five pounds to be distributed in bread at the discretion of my executors herein after named I give to my said Brother Benjamin Churchill all my wearing apparel linen and woollen buckles buttons and watch all the rest and residue of my personal estates my monies and securities for money and other my goods and chattels whatsoever and wheresoever not hereinbefore by me disposed of subject to the payment of my debts funeral expenses the said legacy of five hundred pounds to my said nephew Joseph the said two hundred pounds to my said great niece Mary the said twenty pounds to the said Susanna Churchill the said fifty pounds to the said Mary Parish and the said five pounds to the poor of Clifton I give to my said two nephews Bartholomew Churchill and Samuel Churchill to be parted and divided between them in the following proportions that is to say one third part thereof to my said nephew Bartholomew Churchill [the following 6 lines inserted marginally] and the remaining two thirds to my said Nephew Samuel Churchill and I do hereby appoint them my said two Nephews Bartholomew Churchill and Samuel Churchill Joint Executors of this my Will hereby revoking and making void all other Wills by me at any time herebefore made I declare this to be my last will and testament only It is my desire to be intered in the church yard in Deddington aforesaid as near to the graves of my dear wife and my honoured father and mother as may be and that a tomb be placed over me and I do desire that the graves of my wife my father mother and myself and the respective days of our deaths may be engraved on the said tomb and also the following inscription (videlicet) The Lord hath made an everlasting covenant with me ordered in all things and sure which is all my hope and my salvation “ and I desire that the said tomb be palisaded round with iron and it is my desire that my servants Mary Parish William Collet Joseph Swift And Sarah Toms or such of them as shall be living with me at the time of my decease may be put in decent mourning In witness whereof I the said Bartholomew Churchill the testator have to this my last Will and testament contained in two skins of parchment set my hand and seal to each of the said skins this fourteenth day of June in the year of our Lord. Lord one thousand seven hundred and eighty B Churchill O signed sealed published and declared by the above named Bartholomew Churchill the testator as and for his last will and testament in the presence of us who have subscribed our names as witnesses thereto in his presence and at his request and in the presence of each other Philip Ordway William Hopkins William Malins This Will was proved at London the Fifteenth day of July in the year of our Lord one thousand seven hundred and eighty before the Right worshipful Peter Calvert Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oaths of Bartholomew Churchill and Samuel Churchill the Executors named in the said Will to whom administration was granted of all and singular the goods chattels and credits of the deceased having been first sworn by commision duly to administer | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||