Edward DUDSON of BRK Whitly (Cumnor)

Will of Edward DUDSON of BRK Whitly (Cumnor)

Will 1 May 1675 Probate not available (see Note).

Source:	TNA no. PROB11/354
Contributed by:	Fiona Hedges	Go to Translation	Go to Transcript

Summary.

... I Edward Dudson of Whitly ... BRK Comner ... gent ... well in body and of perfect health ...
Name	Relationship	[Comments] or Major Bequests
Edward DUDSON		BRK Whitly (Cumnor)
Elizabeth BACON	Daughter Trustee
William BACON	Son-in-law
Dudson BACON	Grandson (Exec)	[2nd s William & Elizabeth - under 18]
Edward BACON	Grandson	[3rd s William & Elizabeth - under 18]
Thomas BACON	Grandson	[4th s William & Elizabeth - under 18]
George BACON	Grandson	[5th s William & Elizabeth - under 18]
Thomas DUDSON	Kinsman Trustee	London
Frances DUDSON	Kinswoman Trustee	Burford
Robert STUCKE	Mention
Adam MART	Witness
Harry MERITON	Witness
John DRING	Witness

Probate not available (see Note).
Commission 22 May 1677 to Thomas Dudson, legal guardian of Dudson Bacon the grandson (via the daughter) and named Executor ....
Commission 4 Dec 1678 to Frances Dudson, one of the named supervisors and legal guardian of Dudson Bacon the grandson (via the daughter) and named Executor ... to administer the goods etc of the deceased according to his annexed will ... for the benefit and during the minority of Dudson Bacon ... as also granted in May 1677 to Thomas Dudson now deceased.

Transcriber's and Editor's Notes

Burial 19 May 1677 Cumnor.
Because the Executor was under 21, "kinsman" and "kinswoman" Thomas and Frances Dudson were made his guardians and overseers.
First Thomas was commissioned (May 1677) to handle the estate on the boy's behalf, but he clearly died, and Frances was in turn commissioned (Dec 1678) to continue the task until the Executor reached 21.

Translated and paragraphed.
with some of the standard preamble and "legalese" removed.
Go to Glossary

... I Edward Dudson of Whitly ... BRK Comner ... gent ... well in body and of perfect health ...

I give my loving daughter Elizabeth Bacon (if she outlives her husband William Bacon, gent) the use of the following rooms and facilities in my dwelling house in Whitly:
- The parlour, the chamber and cockloft over it, the adjoining chamber and study, and a cellar belonging to them.
- The use of the hall, garden, orchard and dovehouse, with their profits.
- The use of the furniture of the above rooms for life.
- Liberty to keep in the house's stables all such horses as she may wish to make use of during her life for herself and her servants.
- Rights of access to and from the premises for herself and her servants during her life.
- Provided that she keeps the premises in repair and does not let any part of them to anyone.
I give my freehold estate and lands of inheritance in Whitly and Cumnor, and all my messuages, lands, tenements etc belonging to them (except as given above to my daughter Elizabeth) to my godson and grandson Dudson Bacon, second son of William and Elizabeth, and the lawfully begotten heirs of his body.
If Dudson Bacon dies without lawful issue of his body, I give [all of it] to Edward Bacon, third son of William and Elizabeth, [and his heirs].
For want of such issue, to the fourth son Thomas Bacon [and his heirs].
For want of such issue, to the fifth son George Bacon [and his heirs]. For want of such issue, to all other younger sons of William and Elizabeth successively in seniority of age, [and their heirs]. For want of such issue, to my own right heirs forever. My intention is that [my above property] is be enjoyed by the younger sons of William and Elizabeth [and their heirs], and not by the eldest son or heir at Law [or his heirs] as long as there is any younger son [or his heir] living. If any of the younger sons become heir at Law to William Bacon, and have William's estate as heir at Law or by any settlement, then [my above property] is to descend to the next younger son [and his heirs].
I give my messuages, lands, tenements etc in BRK Abingdon to my grandson Edward Bacon and the lawfully begotten heirs of his body.
For want of such issue, to Dudson Bacon and his heirs.
I give my grandson Edward Bacon Ł200, to be taken out of my personal estate within one year after my decease for his benefit.
I give my lands, tenements etc in OXF Northmoor and Moreton to my grandson Dudson Bacon and his heirs.
For want of such issue, to Edward Bacon and his heirs.
I give all the rest of my goods, chattels, cattell and personal estate, my legacies and funeral expenses being first paid, to Dudson Bacon whom I make sole Executor ... I revoke all former wills.
I appoint my much respected kinsman Thomas Dudson of the City of London, woollen draper, my kinswoman Frances Dudson of Burford, spinster, and my daughter Elizabeth Bacon (if she outlives her husband and is then unmarried), as overseers, and I authorise them as follows:
- To dispose such part of my personal estate as I have given to Dudson Bacon for his benefit.
- To let all or any part of the messuages, lands etc which I have given him at a yearly rent to anyone, for any term during his minority, and to receive the rents etc.
- Out of the rents and out of the personal estate left to him, to pay Ł40 pa for his education and maintenance until he reaches age 18.
- After he reaches 18, to allow Ł50 pa for his maintenance until he reaches age 21.
- Then to make him an account of the rents etc of the premises and [the proceeds] of the personal estate which comes to him by this will and have been received by my overseers, together with any profits which they have made.
- I require my grandson Dudson Bacon thankfully to accept the account with the money due, and to give my overseers a legal discharge.
I also authorise my overseers as follows:
- To take the Ł200 legacy for my grandson Edward Bacon out of my personal estate, and invest it for his benefit as they think fit.
- To let the messuages, lands etc in Abingdon which I have given him at a yearly rent during his minority.
- To take the rents etc for his benefit, and with that and the Ł200 and the interest, or as much as they think fit, to educate and bring him up, and place him as apprentice or otherwise as they think best.
- When Edward reaches age 21, to make him an account of the profits of the messuages, lands etc, together with all money then due to him.
- I command Edward gratefully to receive the account, and to give my overseers a legal discharge.
If either of my grandsons Dudson Bacon or Edward Bacon dies before age 21, his portion goes to the survivor.
[Permission for Trustees to recover expenses]
I give my overseers Ł5 apiece and entreat their acceptance of this troublesome Trust.
Witnesses Adam Mart; Harry Meriton; John Dring (Mr Robert Stucke's servant).

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 Edward Dudson of Whitly in the parish of
Comner in the County of Berks Gent being well in Body and of perfect health Thanks
be gyven to Almighty God yet considering the certainty of Death and the uncertainty of
the time thereof doe this First day of May In the yeare of our Lord God One Thousand
Six hundred Seventy and Five make and ordeine this my last will and Testament
in manner and forme following First I com'end my Soule into the hands of Almighty
God who gave it mee hoping to be saved by the onely meritts of my Lord and Saviour
Jesus Christ And my Body to the Earth from whence it came desiring it may be
decently buryed which I leave to the discretion of my overseers hereafter named
in this my last Will and Testament And as for my worldly Estate wherewith it
hath pleased Almighty God to endow mee I give and bequeath as followeth:
Imprimis I give and bequeath unto my loving daughter Elizabeth Bacon if in
Case shee survive and overlyve William Bacon Gent her now husband the use of
all those roomes hereafter named parcell of my dwelling house in Whitly aforesaid
That is to say The Parlour the Chamber and Cocklofte over the same & the Chamber
and study to them next adioyning with a Cellar thereunto belonging and the
use of the hall and the Garden and orchard and Dovehouse with the profitts
thereof and the use of the furniture of the said roomes for the terme of her
naturall life and liberty to putt place and keepe in the stables belonging to
my said messuage in Whitly aforesaid all such horse beasts as shee shall have
occasion from time to time during her life to make use for herself and servants
with ingress egress and regress way and parssage to and for my said daughter
and her servants in unto out of and from the same premisses from time to time
during her naturall life at her and theire wills and pleasures Provided allways shee
keepe the same premisses in repaire and doe not lett the same or any part thereof to any
person or persons whatsoever Item I give and bequeath unto my Godson and Grandson
Dudson Bacon second sonn of the said William Bacon and Elizabeth his wife and to the
heires of his Body lawfully to be begotten all of my freehold Estate and Lands of Inheritance
in Whitly aforesaid and in Comner aforesaid in the said County of Berks and in either of
them and in the libertys precincts and territorys of them or either of them And all
my messuages Lands Tenements and hereditaments whatsoever to the same belonging
or in any wise apperteyning (All such Estate and interest in part of the said premisses as I
have already given to my said daughter Elizabeth Bacon only excepted) And in Case
the said Dudson Bacon shall depart this life without any issue of his Body begotten Then
I give and bequeath All my said Freehold Lands and Estate of Inheritance before
mentioned (Except before excepted) to Edward Bacon Third sonn of the said William Bacon
and Elizabeth his wife and to the heires of his body lawfully to be begotten And for
want of such issue To Thomas Bacon Fourerth sonn of the said William Bacon and Elizabeth
his wife and to the heirs of his body lawfully to be begotten And for want of such
issue To George Bacon Fyfth Son of the said William Bacon and Elizabeth his wife
and to the heires of his body lawfully to be begotten And for want of such issue To
all other of the younger sonns of the said William Bacon and Elizabeth his wife
successively one after an other as they shall be in Seniority of age & priority of
Birth and to the severall heirs of theire severall bodyes to be begotten And
for want of such issue To the right heires of mee the said Edward Dudson forever
so my Will and meaning is that my said Messuages Lands Tenements and hereditam'ts
so bequeathed aforesaid shall be enjoyed by the younger sonnes of the said William
Bacon and Elizabeth his wife and by the heires of such younger sonnes and not by the
oldest sonn or heire at Law of the said William Bacon and Elizabeth his wife or the
heires of such oldest sonn or heire at Law so long as there is any younger sonn or any
heire of any younger sonn alyve to enjoy the same And if it shall fortune that any
of the younger sonnes of the said William Bacon and Elizabeth his wife shall become
heire at Law to the said William Bacon and shall have and enioy the said William
Bacons Estate as heire at Law or by any settlement whatsoever That then my said Messuages
Lands Tenements and hereditaments in Whitly and Cumnor aforesaid shall from thence
forth descend and not to the next brother of such sonn as shall become heire at Law
to the said William Bacon or have or enioy the said William Bacons Estate and
to the heires of such next brother Item I give unto my said Grandson Edward
Bacon and to the heirs of his body to be begotten and for want of such issues the
said Dudson Bacon and his heires All my Messuages Lands Tenements and
hereditaments whatsoever in Abington in the said County of Berks Also I give unto my said
Grandson Edward Bacon Two hundred Pounds of lawfull money of England to be
taken out of my personall Estate within one yeare after my decease by the overseers
of this my last will and Testament to and for the use of the said Edward Bacon Item I give
unto my said Grandson Dudson Bacon and to his heires and for want of such issue to
the said Edward Bacon and his heires All my Lands Tenements and hereditaments
whatsoever in Northmoor and Moreton in the County of Oxon All the rest of my
Goods Chattells Cattell and personall Estate whatsoever My Legacyes and funerall
Expences being first paid I give and bequeath unto the said Dudson Bacon whom I
make and ordeine whole and sole Executor of this my last Will and Testament
And I doe hereby revoke and make void all former Will and Wills at any time by
mee heretofore made And I make constitute and appoint my much respected and
Kinsman Thomas Dudson of the City of London Woollen draper and my
Kinswoman ffrances Dudson of Burford in the said County of Oxford Spinster and
my said daughter Elizabeth Bacon in case shee shall survive her said husband
William Bacon and be then sole and unmarryed and
overseers of this my last Will and Testament And I entreat and authorize them to
take and dispose of such part of my personall Estate as shall accrew to the said Dudson
Bacon as Executor of this my Will to and for the use of him the said Dudson Bacon and
also to lett all and every the Messuages Lands Tenements and hereditaments
which I have bequeathed unto him the said Dudson Bacon or any part thereof at an
yearely Rent to any person or persons whatsoever by Indenture or otherwise for any
terme or termes not exceeding the minority of him the said Dudson Bacon and to
receive and take the Rents issues and profitts thereof And out of the same and out
of the personall Estate which come to the said Dudson Bacon by this my Will To
allow and pay yearely to and for the education and maintenance of him the said Dudson
Bacon untill he atteine the age of Eighteene yeares The summe of Forty Pounds
of lawfull money of England And after he hath atteyned that age Then to allow yearely
Fyfty Pounds for his maintenance untill he shall atteyne the age of one and Twenty
years And then to delyver unto him an Accompt of all the Rents issues and profitts of
the said devised premisses And also to the personall Estate which shall come unto him by
this my Will and be receyved by my said overseers together with such issues and
profitt as they my said overseers shall have made of the same Which said Accompt I
require my said Grandson Dudson Bacon thenkfully to accept with the money due
thereupon and to give them my said overseers or such of them as shall be then lyving
a legall discharge And I also intreat and authorize my said overseers to take out
of my personall Estate the said Legacy of Two hundred Pounds bequeathed to my
said Grandson Edward Bacon by this my Will and to imploy the same for the benefitt
of my said Grandson in such manner as they shall think fitt and to lett and
sett at an yearely Rent during the minority of my said Grandson Edward Bacon
the said messuages Lands Tenements and hereditaments in Abington aforesaid w'ch
I have devised unto him and to take receive the Rents issues and profitts thereof to
the use of my said Grandson Edward Bacon and with the same and the said Twoo
hundred Pounds and the interest thereof or of somme thereof as they shall think
convenient to educate and breed my said Grandson Edward Bacon and place him
Apprentice or otherwise dispose of him as they shall think best And when my said
Grandson Edward Bacon shall attaine the age of one and Twenty yeares Then to
render him an Accompt of the profitts of the said messuages Lands Tenements and
hereditam'nts together with all such money as shall be then due to him the said
Edward Bacon which I com'and him gratefully to receive and to give my said
overseers or such of them as shall be then living a legall discharge And my
Will is That if either of my said Grandsonnes Dudson Bacon or Edward Bacon
shall depart this life before the age of one and Twenty yeares Then
the personall Estate of him so dying shall goe to the survivor And my Will is that
my said overseers shall reimburse themselves all such moneys as they shall lay
forth or expend in or about the performance of the trust reposed in them by this
my Will And I give to my said overseers Fyve Pounds a peece and doe entreat
theire acceptance of this troublesome Trust In Witness whereof I the said Edward
Dudson have hereunto sett my hand and seale the day and yeare first above written
Edward Dudson Signed sealed and declared by the said Edward Dudson to be
his last Will and Testament in the presence of Adam Mart Harry Meriton
John Dring ^Mr Robert Stucke his serv't.

Vicesimo secundo die mensis Maij Anno D'ni Millesimo Sexcentesimo
Septuagesimo Septimo Emanavit Com'issio Thomae Dudson Curatori legitime
assignato Dudson Bacon Nepoti ex filia et Executori nominato in Testamento
Edvardi Dudson nuper de Whitly in Parochia de Comner in Com' Berks defuncti

Quarto die mensis [blot] Decembris 1678 emanavit Com'o ffrancesca Dudson uni supervisorum nominat'
in testamento Edvardi Dudson nup' de Whiltley in parochia De Comner in Com' Berks defunct' et Curatrici
l'time assignat' Dudson Bacon nepos ex filia et Executori nominat' in testamento dict' defunct' ad Admi=
=nistrand' bona jura et Credita dict' defunct' juxta tenorem et effectum ipsius testamenti in usum et
durante? minori etate dict' Dudson Bacon de bene &c Jurat l'ris Ad'conis bonor'? dict' defunct'
in dicto testamento annexo in usum dicti Dudson Bacon als'? mense Maij 1677 concess? cuidam?
Thomae Dudson _____ ~~Dict'~~ mortis Dicti Thomae Dudson ____atis

Oxfordshire Family History Society

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