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Will of Sir John CURSON of Waterperry

Will 3 Feb 1724/25   Codicil same day   Probate not available (see Note)

Source: TNA no. PROB10/1701
Contributed by: Christopher Fance Go to Translation Go to Transcript
Summary.
... I Sir John Curson of Waterperry, Baronet, in good health ...

NameRelationship[Comments] or Major Bequests
Sir John CURSON Waterperry
Dame Anne CURSONWife (Exec)
Francis CURSONSon (Exec)
Catherine BRINCKHURSTGranddaughter
Robert CURSONSon
Peter CURSONSon
Thomas ROWNEY SrLegatee Trustee (Exec)Oxford
Francis HAYWOOD SrLegatee Trustee (Exec)Oxford
John WRIGHTLegatee Trustee (Exec)Oxford
unnamedLegatees Servants
___ BENDINEWitness
John TAYLORWitness
John BLAGROVEWitness

Probate not available (see Note)
Transcriber's and Editor's Notes
Buried 1727 Waterperry (Sir John, Bt.)
The will is difficult because it is crumpled and twisted, the codicil (in much worse hand-writing) even more so.
There is no Probate note scribbled at the end, and no copy in PROB11.
He clearly feared being buried alive -- fortunately for the neighbours it was mid-winter :-)
The following details are believed to be true but should not be totally relied upon:
Testator: Father of Sir Francis Curson (1750 qv); Grandfather of Catharine Brinckhurst Curson (1776 qv).
  Translated and paragraphed.
with some of the standard preamble and "legalese" removed.
Go to Glossary
... I Sir John Curson of Waterperry, Baronet, in good health ...
  • I wish to be kept a fortnight above ground after my death before I am buried (see Note)
  • I give the following to my dear wife Dame Anne:
    • The diamond ring which I gave her before our marriage, and the diamond ring which she owned before our marriage.
    • All her dressing plate, and the silver tea-kettle, teapot and tea canister etc.
    • My coach and six horses.
    • All my goods, linen and furniture at Grove Park House.
    • £210 [ie 200 guineas]
    • The use of [all the rest of] my plate for life if she wishes.
      After her death I give [it] to my son Francis Curson.
  • I give £500 to my granddaughter Catherine Brinckhurst, to be paid on her day of marriage.
    In the meantime I give her £25 pa towards her maintenance, in lieu of interest on the £500.
    If she dies unmarried the £500 is not to be paid.
  • I give £100 pa to my son Robert for life, paid quarterly [on the usual Quarter-days] by equal portions without any deduction, beginning on the first such day after my decease.
    But whatever other yearly sum I may leave to Robert by any other means is to be taken as part of the above £100 pa.
  • I give an extra half-year's wages to all my servants who are living with me at the time of my death, over and above what is then due to them.
  • I give £100 to the churchwardens of Waterperry Upon Trust to invest it and apply the interest etc in apprenticing poor children of Waterperry and not of the Tithings of Thumbly.
  • I give all my ready money, securities for money and money in the funds to my friends Thomas Rowney Sr, Francis Haywood Sr and John Wright, all of the City of Oxford, In Trust as follows:
    • First to pay my debts, legacies and funeral expenses.
    • As soon as possible after my decease to lay out the residue in the purchase of some freehold estate(s) of lands etc as approved by them or their Learned Counsel, and to settle and convey those estates for the same purposes as my estate at Waterperry will be settled at the time of my death (subject to the above £100 pa given to my son Robert).
      Until such purchase is made my trustees may continue the money in the securities on which it is invested at the time of my death, or alter the securities as they think fit, and permit the interest etc to be received by whomever is then entitled to the rents of my Waterperry estate.
    • [Permission for Trustees to recover expenses].
    • [Usual protection for Trustees].
  • All my goods, linen and furniture (except as disposed of above) is forever to be enjoyed by whomever is at the time entitled to my Waterperry estate.
  • I give all the rest of my real and personal estate to my son Francis Curson and his heirs etc.
  • I make my dear wife Dame Anne, my son Francis, Thomas Rowney, Francis Haywood and John Wright my Executors ... I revoke all former wills.

  • Witnesses ____ Bendine; John Taylor; John Blagrove
===================================
Codicil (same day)

  • I give to my dear wife Dame Anne Curson her repeating gold watch, chain and hook, and all that she wears with the watch and chain.
  • I give £30 pa to my son Peter out of the estate to be bought with my money as above, to be paid quarterly on the usual Quarter-days by equal portions without any deduction, beginning on the first such day after my decease.
  • I give £10 each to Thomas Rowney, John Wright and Francis Haywood.
  • I confirm my will in all other matters.

  • Witnesses ___ Bendine; John Taylor; John Blagrove
Probate not available (see Note)
  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 S'r John Curson of Waterperry in the County of Oxon Baronett being in good Health and of
sound and Disposing Mind Memory and Understanding Do for the Disposing of that Estate which It hath pleased God to bless me with make my
Last Will and Testament in Writing in manner and fforme ffollowing And ffirst I Commend my Soul to God and my Body to the Earth to be buried in such
Decent manner as my Executors hereinafter named shall think ffitt And I do desire that I may be kept a ffortnight above Ground after my Death before I am
Buried Item I do give unto my Dear Wife Dame Anne the Diamond Ring which I presented her with before our Marriage and also the Diamond Ring which
she herselfe had before our said marriage Item I do give unto my said Wife All her Dressing Plate and Silver Tea Kettle Silver Tea Pott and Silver Tea Cannister
and all other Things which thereto belong And I do also give to my said Wife my Coach and Six Horses and all my Goods Linnen and ffurniture at Grove Park House
and the Sum'e of Two Hundred and Ten Pounds of Lawfull Money of Great Britain And I do also give to my said Wife the Use of all my Plate during her
Life if she desires the same And after her Death I give the said Plate (Except what I have hereinbefore given to my said Wife) to my Son ffrancis Curson
Item I give unto my Granddaughter Mrs Catherine Brinckhurst the Sum'e of ffive Hundred Pounds of like Lawful Money which I will shall be paid
unto her at the Day of her Marriage And in the Mean Time I do give unto my said Granddaughter the Yearly Sum'e of ffive and Twenty Pounds for
and Towards her Maintenance in Lieu of the Interest of the said Sum'e of ffive Hundred Pounds And In Case my said Granddaughter shall dye unmarried
Then and in such Case my Will is that the said Sum'e of ffive Hundred Pounds shall not be paid Item I do give unto my Son Robert and his Assignes during
his Life the Yearly Sum'e of One Hundred Pounds of Lawfull Money of Great Britain to be paid unto him quaterly at ffour the most usuall ffeasts or Days of
Payment in the Year (that is to say) the ffeasts of S't Thomas the Apostle the Annunc'a'con of the Blessed Virgin Mary St John the Baptist and St Michael
the Archangell by even and equall Porc'ons without any Deduction whatsoever And the ffirst Payment thereof shall be made upon such of the said ffeasts as
shall happen next after my Decease Provided nevertheless and my Will and Meaning is that whatever yearly Sum'e of Money I shall leave or secure to
my said son Robert by any other Ways or Means whatsoever shall be taken as part of the said Yearly Sum'e of One Hundred Pounds hereinbefore given
unto my said Son Item I give to all my Servants which shall be living with me at the Time of my Death One Half Years Wages over and above what
shall be due to them at the Time of my Death Item I Give to the Church Wardens of Waterperry aforesaid for the time being the Sum'e of One Hundred Pounds Upon
Trust that they shall from time to time put fforth the same to Interest upon good Security and shall apply and dispose of the Interest Proceeds and
Increase thereof in Apprenticing poor Children belonging to the Town and Tything of Waterperry and not of the Tythings of Thumbly Item I do give and bequeath
unto my freinds Thomas Rowney the Elder ffrancis Haywood the Elder and John Wright all of the City of Oxford Esquires their Executors and administrators All my Ready
Money and Securities for Money and Money in the ffunds In Trust that by and out of the same they shall in the ffirst place pay my just Debts Legacys and ffunerall
Expences And upon this ffurther Trust that they the said Thomas Rowney ffrancis Haywood and John Wright their Executors and Administrators with what
Convenient Speed they can after my decease shall expend and lay out the Residue thereof in the purchase of some Estate or Estates of ffreehold and Inheritance in
ffee Simple of Lands and Hereditaments that shall be of a Title to be approved of by the said Thomas Rowney ffrancis Haywood and John Wright their Executors
or Administrators or their Councill Learned in the Law and the Estate or Estates so to be purchased shall be settled and conveyed unto and for such Uses Intents and
Purposes as my Estate at Waterperry shall be settled unto at the time of my Death Subject nevertheless to the said Yearly Sum'e of One Hundred Pounds herein
before given unto my said Son Robert in such manner and under such conditions as are hereinbefore declared concerning the same Provided that untill such
Purchase shall be made as aforesaid they the said Thomas Rowney ffrancis Haywood and John Wright their Executors and Administrators shall and may from
time to time continue the said Money upon such Securitys on which the same shall be at the time of my Death or shall call in and and putt forth the same upon such other
Securitys as they or the Survivors of them shall think proper and shall permitt and suffer the Interest Proceed and Increase thereof to be received by such person or
Persons as shall from time to time be intituled to the Rents of my Estate at Waterperry aforesaid And my Will also is that all my Goods Linnen and ffurniture
(Except what I have herein before disposed of) shall forever hereafter be enjoyed by such Person or persons as shall from time to time be intituled to my said Estate
at Waterperry Provided also that It shall and may be Lawfull to and for the said Thomas Rowney ffrancis Haywood and John Wright their Executors and Admin'ors
to deduct and keep out of the said Premisses so much Mony as shall from time to time be Sufficient to reimburse and satisfy them for all such Expences Losses and
Damages as they shall severally be necessarily put unto by Reason or Meanes of this my Will or of the Trusts hereby in them reposed Provided also that
they the said Thomas Rowney ffrancis Haywood and John Wright their Executors or administrators shall not be answerable for any of the said Moneys which
shall be lost at Interest Provided the Consent of such Person or Persons as shall from time to time be intituled to the Interest thereof be had to the above?
Lending? the same Item all the Rest and Residue of my Reall and Personall Estate whatsoever not hereby otherwise disposed of I give to my said Son ffrancis
Curson his Heirs Executors and Administrators And I make my said Dear Wife Dame Anne and my said Son ffrancis Curson and the said Thomas Rowney
ffrancis Haywood and John Wright the Executors of this my last Will and Testament And I do hereby revoke all former and other wills by me at any time
heretofore made In witness whereof I have to this my last Will and Testament consisting of One Skin of Parchment sett my Hand and Seal this
Third day of ffebruary in the Year of our Lord One Thousand Seven Hundred Twenty and ffour

Signed Sealed published and declared by the above                   John Curson      (O)
named S'r John Curson as and for his last Will and
Testament in our p'sence who in his p'sence have
subscribed our names as witnesses thereunto

      ____ Bendine
      John Taylor
      John Blagrove

Memorand' that by way of Codicill to my last Will above written I the above
named S'r John Curson doe declare my Will further to be and I hereby give
to my said Dear Wife Dame Anne Curson Her Repeating Gold Watch and Chain
and Hook and all that she wears with the s'd watch and Chaine And I give to my
son Peter one yearly paym't of Thirty Pounds of Lawfull money to be paid to him quarterly
viz' on the feasts of the Annunc'on of the Blessed Virgin Mary St John the Baptist St
Michael the Archangell & St Thomas the Apostle by equall porc'ons without any
deduction whatsoever the first of the s'd paym'ts to be made on the first of the s'd feasts next
comeing after my decease and I give to each of them the s'd Thomas Rowney John
Wright and ffrancis Haywood Tenn pounds ___ ___ ___ that the said Thirty pounds
____ to my s'd Sonn Peter & the Legacys hereby given shall be charged on the Estate to be
bought with my money as _____ above written is menc'oned and I confirme my
s'd Will in all other Matters wherein I have not hereby altered the same In witness
whereof I have hereto set my hand & seal the 3'd day of February 1724

Signed sealed published & declared as a Codicill to the Will above
in our p'sence who in the p'sence of the s'd S'r John Curson have                John Curson      (O)
subscribed our names as witnesses thereunto
___ Bendine John Taylor John Blagrove