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Will of Thomas EATEN of Boycott

Will 16 Oct 1775   Probate 22 Aug 1777

Source: ORO no. W. Comm. 99.9; 21/2/22; 302/2/10
Contributed by: Elizabeth Lamb Go to Translation Go to Transcript
Summary.
... I Thomas Eaten of Boycott ... yeoman ... in good health of body ...

NameRelationship[Comments] or Major Bequests
Thomas EATEN Boycott
Mary EATENWife (Exec)
John EATENSon (Exec)
Thomas EATENSon
Michael EATENSon
George EATENSon
Elizabeth EATENDaughter
Sarah EATENDaughter
Mary JEPHCOTTDaughter
Joseph JEPHCOTTSon-in-lawWinchenden
William EATENSon
Douglas STEERTenant
Ralph MILLERWitness
John HICKMANWitnessTingewick
William Robert MILLERWitness
Benjamin WHEELEYSenior Bureaucrat
Rev George LAMBBureaucratHethe
Rev William ELLISBureaucratHethe

Probate 22 Aug 1777 Oxford ... Mary Eaten widow and John Eaten the Executors ...
Transcriber's and Editor's Notes
The contributor says the testator was married three times.
Boycott (now in BKM) was in OXF until c1840.
The following details are believed to be true but should not be totally relied upon:
Testator: Father of Mary Jeffcoat (1829 qv)
  Translated and paragraphed.
with some of the standard preamble and "legalese" removed.
Go to Glossary
... I Thomas Eaten of Boycott ... yeoman ... in good health of body ...
  • I give all my household goods and furniture, corn, grain, hay, cattle, monies, debts, credits, goods, chattels and personal estate to my wife Mary and my son John Eaten In Trust first to pay all rent due from me to my landlord, then to pay my debts and the following legacies:
    • To my sons Thomas Eaten, Michael Eaten, and George Eaten £70 apiece.
    • To my daughters Elizabeth and Sarah Eaton £70 apiece.
    • To my daughter Mary the wife of Joseph Jephcott of Winchenden, yeoman, and my son William £5 apiece.
    • The above legacies are to be paid to my children at age 21, and to those who have reached 21 within twelve months after my decease.
    • If any of my children die before 21, unmarried and without issue of their bodies, their legacies go equally between the survivors.
  • After payment of my rent, debts and legacies, my wife and son are to share the residue of my personal estate equally.
  • I give all my pieces of arable land, ley, meadow and pasture ground of about 8 acres dispersed in the common fields of NTH Grendon, now in the occupation of Douglas Steer, with all their rights, members etc; and all my other lands, tenements etc, to my son John Eaten and his heirs etc forever.
  • I appoint my wife and son John joint Executrix and Executor, and commit the guardianship of my younger children to my wife Mary ... I revoke all former wills.

  • Witnesses Ralph Miller; John Hickman, Tingewick; William Robert Miller
========================================
Commission 25 Jul 1777 Oxford
  • From Benjamin Wheeley DD [representing the Bishop of Oxford] to the Rev George Lamb and William Ellis, clerks in the parish of Hethe:
    Whereas Thomas Eaten of Boycot made his will and named his relict Mary Eaten and his son John Eaten as Executors, we authorise you to swear the Executors as follows:
    • To the truth of the will and to its faithful performance.
    • To make an inventory of the goods etc of the deceased, and exhibit it into the Registry of the Bishop on or before 31 Jan next (1777/78).
    • To render a true account.
  • You are then to transmit the will and the whole proceedings, signed by one or both of you, to us on or before 31 Jan 1777/78
    This Commission will be of no effect unless transmitted before that time.
========================================
The Form of the Oath to be Administered to the Executors, they laying their hands on the Bible or New Testament
You swear:
  • That the annexed writing contains the true will of Thomas Eaten as far as you know or believe.
  • That you will truly perform [it], paying the deceased’s debts and legacies as far as his goods etc will extend.
  • That you will make a true inventory of his goods etc, and exhibit it into the Registry of the Bishop of Oxford at the time assigned.
  • Render a true account when lawfully required.
                  So help you God
17 Aug 1777 This Commission was executed, Mary Eaten and John Eaten having been sworn ...
   Before me George Lamb.

Probate 22 Aug 1777 Oxford ... Mary Eaten widow and John Eaten the Executors ...
  As transcribed from a copy of the original document.
Original line- and page-breaks are preserved as far as possible.
Eaten Thomas Will Aug 22'd

In the Name of God Amen
I Thomas Eaten of Boycott in the County of Oxford Yeoman
being in good Health of Body and of sound and disposing Mind
Memory and Understanding (praised be God for the same) but
considering the certainty of Death and the uncertain time thereof
do make and Publish this my Last Will and Testament in manner
following (that is to say) First I Give and Bequeath unto my
Wife Mary and my Son John Eaten All and singular my
Household Goods and Furniture Corn Grain Hay Cattle Monies
Debts Credits Goods Chattels and personal Estate whatsoever
and wheresoever and of what Nature or kind soever In Trust
nevertheless in the first Place to pay thereout All Rent due and
to grow due from me to my Landlord and in the next Place to pay
thereout all my Debts due and owing at the time of my
Decease and the several Legacies or Sums of Money
hereinafter by me given and Bequeathed (that is to say) I
Give and Bequeath unto my several Children hereinafter named
the several Legacies or Sums of Money hereinafter mentioned
that is to say unto my Sons Thomas Eaten, Michael Eaten, and
George Eaten the Sum or Legacy of Seventy Pounds a Piece of
lawful Money of Great Britain and unto my Daughters
Elizabeth and Sarah Eaton the like Sum or Legacy of Seventy Pounds
a Piece of like lawful Money And unto my Daughter Mary the
Wife of Joseph Jephcott of Winchenden Yeoman and unto my Son
William the Sum or Legacy of Five Pounds a Piece of like lawful
Money Which said Legacies I do order and direct shall be paid
to my said several Children when and as they shall attain their
respective Ages of Twenty One Years and unto such of them as
shall have attained their said Ages at the time of my Death

I do direct their Legacies to be paid within the space of Twelve
Calendar Months next after my Decease And in Case any or either
of my said Children shall happen to die before he she or they
shall have attained his her or their Age or Ages of Twenty One
Years Unmarried and without Issue of his her or their Body
Then and in such Case I do order and direct that the Legacy or
Legacies of him her or them so dying shall go and be paid
unto and amongst the Survivors and Survivor of them my
said Children share and Share alike And my Will further
is that (after payment of my Rent to my Landlord, my Debts and
the several Legacies hereinbefore by me given and bequeathed)
They my said Wife and Son do pay and apply the residue and
remainder of all my personal Estate equally between them
Share and Share alike Item I Give Devise and Bequeath
unto my said son John Eaton All those my several Pieces
and Parcels of Arable Land Ley Meadow and Pasture
Ground lying and being dispersedley in the Common and
Open Fields Parish and Precincts of Grendon in the County
of Northampton containing by Estimation Eight Acres be the
same more or less and now in the Occupation of Douglas Steer
Together with all and singular the Rights Members and
Appurtenances whatsoever to the aforesaid Premises belonging
or in any wise appertaining And all other my Lands Tenements
and Hereditaments whatsoever /-/ To Hold the said Premises
with their Appurtenances unto and to the use of my said Son
John Eaten his Heirs and Assigns for ever /-/ And I do
make ordain Constitute and Appoint my said Wife and
son John Joint Executrix and Executor of this my Will
not doubting but they will perform the Trusts aforesaid in

Them reposed and do commit the Guardianship of my
Younger Children unto my Wife Mary And I do hereby
revoke all former Wills by me at any time made and do
declare this to be and contain my Last Will and Testament
In Witness whereof I the said Thomas Eaten the Testator
have to this my Last Will and Testament contained in Three
Sheets of Paper set my Hand and Seal (that is to say) my
Hand to the bottom of the Two First Sheets and my Hand and Seal
to the bottom of the last Sheet thereof the sixteenth day of October
in the year of our Lord One Thousand Seven Hundred and
Seventy Five.

Signed Sealed Published and Declared                Thomas Eaten
by the abovenamed Thomas Eaten (the Testator)
as and for his Last Will and Testament in
the presence of us who in his Presence and
in the presence of each other have hereunto
Subscribed our Names as Witnesses
      Ralph Miller
      John Hickman Tingewick
      Wm Robt Miller

This Will was proved at Oxford On the twenty
second day of August in the year of our Lord 1777
before the Judges by the Oaths of Mary Eaten
Widow and John Eaten the Executors therein
named to whom Admon was granted being first
sworn by Commission duly to administer

Benjamin Wheeley Doctor in Divinity Vicar General Official Principal and
Commissary of the Right Reverend Father in God John by Divine Permission Lord Bishop of
Oxford lawfully constituted To our beloved in Christ The Reverend George Lamb
and William Ellis Clerks in or near the parish of Hethe in the County and Diocese
of Oxford Jointly and severally Greeting Whereas Thomas Eaten late of the parish
of Boycot in the County aforesaid deceased died lately (as is alledged) having first whilst of
sound mind, memory and understanding duly made and executed his last Will and Testament in
writing and thereof named Mary Eaten Widow his Relict and John Eaten his Son Executors
We do therefore hereby Authorise and empower you to swear the said Executors as well to the Truth
of the said Will as also of the faithfull Performance thereof and to make a true and perfect
Inventory of all and singular the Goods Chattels and Credits of the said Deceased to exhibit
the same into the Registry of the said Lord Bishop on or before the last day of January
next ensuing and also to render a Just and true Account thereof And you are hereby
further enjoined that such Oath being Administred you duly transmit to us our Surrogate
the said Will and the whole Proceedings thereon subscribed with the Proper hand
or hands of one or more of you on or before the last day of January aforesaid together with these
presents Provided nevertheless that this Commission shall be of no Effect unless
transmitted before the said time Given at Oxford under our Seal of Office the
Twenty fifth day of July in the year of our Lord One thousand seven hundred and
seventy seven.
         And'w Walsh
         Dep'y Reg'r
[Vertically in the LH margin:]
Probate granted 20 of August 1777

The Form of the Oath to be Administred
to the Executors they laying their hands on the
Bible or New Testament

You swear that the paper writing hereto annexed contains the true last Will and
Testament of the within named Thomas Eaten deceased as far as you know or believe
that you will truly perform the Contents thereof by first paying the said deceased’s Just debts,
and then his Legacies, as far as his Goods Chattels and Credits will thereto extend and the Law
charge you; That you will make a true and Perfect Inventory of all and singular the said
Goods Chattels and Credits, exhibit the same into the Registry of the Lord Bishop of Oxford
at the time to be Assigned you, and render a Just and true account thereof when lawfully
required.
                  So help you God

This Commission was duly executed the within named
Mary Eaten and John Eaten having been sworn according
to the Tenor and form of the above written Oath this
seventeenth day of August 1777. Before me
                  George Lamb