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Will of Daniel FLEXNEY of Burford
Will 18 Oct 1735 Codicil 10 Nov 1735 Probate 4 Dec 1735 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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| Transcriber's and Editor's Notes | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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One of those merry little souls who had their fun by stopping other people having any :-) The son Daniel mentioned in this will turned up in Philadelphia in the 1720s. The following details are believed to be true but should not be totally relied upon: Testator: younger brother of John Sr (1730 qv). | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Translated and paragraphed. with some of the standard preamble and "legalese" removed. Go to Glossary | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
... I Daniel Flexney of Burford ... clothier ... in moderate health of body ...
Private Instructions re my will
Codicil 10 Nov 1735
Affidavit 3 Dec 1735 I Joseph Besse of George Court, St Johns Lane, parish of Saint James Clerkenwell (MDX), schoolmaster, solemnly affirm:
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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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Be it remembered that I Daniel Flexney of Burford in the County of Oxford Clothier being thro’ the mercy and goodness of God in moderate health of Body and of a sound and well disposing mind and memory do make this my last Will and Testament in manner following that is to say my just debts and the expense of my funeral I desire may be paid as soon as conveniently may be after my decease To my Son Daniel Flexney and his Heirs I give devise and bequeath my freehold Messuage or Tenement at Whitney in the said County with the yard Garden and appurtenances thereto belonging and a piece of Meadow Grounds there subject to the payment of two shillings weekly in every week during her life to my Niece [the next five short lines inserted marginally] Mary Sessions and the like sum of two shillings weekly dureing her life to my Neice Elizabeth Flexney and I do hereby charge the said Messuage and Meadow Grounds with the payment of the said weekly summes accordingly To my son Joseph Flexney I give and forgive the summe of one thousand pounds now owing from him to me upon Bond in Case he shall be living at the time of my decease and in case of his death before me I give the same to his surviving Child or Children on this condition nevertheless and not otherwise that my said son Joseph his Executors or administrators shall not make any claim or demand either on his Brother Daniel or on my Estate for any debt or debts or pretended debt or debts due or pretended to be due either from his said Brother Daniel or me to him for or by reason of any matter cause or thing whatsoever at or before the date of this my Will and in case my said son Joseph shall dye before me having no Issue I give the same debt due from him upon Bond to my Son Daniel To my friend Timothy Abraham of Burford and my kinsman Isaac Thomas of Whitney and the survivor of them I give one hundred pounds which I have lent on a Mortgage to John Carpenter of Brampton and is now in his hands In Trust that they or the survivor of them will settle the same on other Trustees to be from time to time successively chosen in such manner as that the said hundred pounds may be continued out at Interest and that the Interest thereof may be annually distributed as such Trustees shall see fit for charitable purposes To the daughter of the said Isaac Thomas I give ten pounds To the daughter of my Nephew John Flexney I give five pounds To my Niece Anne Bayly I give five pounds a year during her life to be paid her by equall quarterly payments by my Executor To Rachel Cooke Sister of the said Anne Bayley I give five pounds To my aforesaid Son Joseph I give my Leasehold house in Burford with its appertenances for the remaining terme of my Lease thereof To my Grandaughters Mary and Hannah Flexney daughters of my Son Daniel I give two hundred and fifty pounds each to be paid them when and as they shall severally attain their respective ages of one and twenty years To Joseph Huntly of Burford I give five pounds And I do direct my Executor with the advice and assistance of the said Joseph Huntly to cause a Manuscript of mine which the said Joseph hath transcribed to be printed and published within one year after my decease (with such additions as thereto as they shall see fit) and to distribute the printed copies of the same among my Neighbours acquaintance and such as have heretofore been my servants or employ’d by me in and about Burford and the adjacent places and I order the summe of five pounds for defraying the charge of printing and dispersing the same To my aforesaid son Daniel Flexney I give devise and bequeath all and singular my Goods Chattels and Estate whatsoever whether reall or personall not herein otherwise disposed of and I do nominate constitute and appoint my said Son Daniel Flexney Sole Executor of this my Will and I do hereby Revoke all former Wills by me made this being my last In Witness whereof I have hereunto set my hand and seal this Eighteenth day of October in the year one thousand seven hundred and thirty five Dan.ll Flexney ~ signed sealed published and declared by the Testator Daniel Flexney to be his last Will and Testament in the presence of us in whose hearing the same was distinctly read unto him (he being blind) before the ensealing and publishing thereof and he in our presence did declare his approbation of every part of the said Will and then we did at his request and in his presence subscribe our names as Witnesses thereunto Thos: Corbyn Edmund Dureston Jos: Basse ================================ Private Instructions relating to Daniel Flexney’s Will Whereas by my last Will bearing date the 18th of October 1735 I have given to Timothy Abraham and Isaac Thomas one hundred pounds to be continued out at Interest and the Interest of it to be yearly applied to Charitable purposes I do hereby signify that my mind is that the Trustees for the said moneys from time to time be such persons as shall be nominatees by the monthly Meeting of the people called Quakers at Witney and that the Interest from time to time shall be distributed as that monthly Meeting shall direct and whereas I have by the said Will directed a certain Manuscript to be printed by my Executor and Joseph Huntly with such additions as they shall see fit I do hereby signify my meaning to be that they print therewith a paper formerly published by me against Plays, another against Games and Whitsun sports so called and also a paper of mine containing advice to Magistrates to suppress Vice and Immorality A Codicil to be annexed to and Observed with and as the Last Will and Testament of Mr Daniel Flexney the Elder of Burford in the County of Oxford Clothier Whereas I have duly made and executed my last Will and Testament bearing date on or about the Twenty first day of October next before the date hereof and thereby appointed my Son Daniel Flexney Executor thereof Now in case my said Son Daniel shall not be returned to and be in England at the time of my Death Then and in such Case I do Appoint my Son Joseph Flexney to be my Executor of my said Will instead of my said Son Daniel And all the rest of my said Will and the Legacies and Bequests therein contained I do hereby ratify and Confirm and Order and Direct my said Executor to perform the Same as Witness my Hand and Seal which I have hereunto put this Tenth Day of November In the Year of our Lord 1735 D: Flexney Signed Sealed Published and Declared by the above named Daniel Flexney the Elder to be a Codicill which he desires may be annexed to and Observed with and as his Will in the presence of Us who at his request and in his presence have subscribed our names as as Witnesses thereto Ann Johnsons Susanna Pollord Thos Coxeter 3d Decemb 1735 I Joseph Besse of George Court in Saint Johns Lane in the parish of Saint James Clerkenwell in the County of Middlesex Schoolmaster do solemnly sincerely and truely declare and affirm that I am one of the dissenters from the Church of England commonly called Quakers and that I well knew and was acqainted with Daniel Flexney the Elder late of Burford in the County of Oxford Clothier deceased for severall years next before and to the time of his death which as I am informed happened some time in November last past and that on or about the eighteenth day of October last past I wrote and drew the last Will and Testament of the said Daniel Flexney the Elder hereunto annexed and bearing date the said eighteenth day of October and wherein his son Daniel Flexney is made sole Executor from directions and Instructions which which the said Daniel the Elder (who was then in London) had given me by word of mouth and that after the same was so wrote and drawn I read the same all over audibly and distinctly to him the said Daniel the Elder who well understood and approved thereof and then duely executed the same in the presence of me the said Joseph Besse and of Thomas Corbyn and Edmund Durston who together with me the said Joseph severally set and subscribed their names as Witnesses thereto in manner and form as now appears thereon and he the said Daniel Flexney the Elder designing to have some private Instructions to his Executor how and in what manner the Trustees for the summe of one hundred pounds which he had given by his said Will to Timothy Abraham and Isaac Thomas to be continued out at Interest and such Interest to be yearly applied for Charitable purposes should be chosen and what papers or Writings he would have printed along with a Manuscript Writing of his which by his said Will he had ordered and directed should be printed after his death did by word of mouth give me the said Joseph directions and instructions to draw the same and I the said Joseph did with my own hand and from and pursuant to such last mentioned directions and instructions write and draw the schedule hereunto annexed intituled – Private Instructions relating to Daniel Flexneys Will – beginning thus = Whereas by my last Will bearing date the eighteenth of October 1735 = and ending thus = And also a paper of mine containing advice to Magistrates to suppress vice and Immorality – and after I had so done I read the same all over to him the said Daniel Flexney the Elder who well understood and approved thereof and seem’d well pleased and satisfied therewith and then I the said Joseph put the said Will and Instructions into a cover and sealed up such cover and by the said Daniel’s desire kept the same by me untill I deliver’d them so sealed up unto the Registry of this Court in the same manner and form as they were at the time they were so sealed up and without any the least alteration or variation in them or either of them and I the said Joseph looking upon and deeming the said schedule to be only private Instructions to the said Daniels Executor did not think it necessary the same should be either sign’d or Executed by the said Daniel and for that reason and no other did not ask him so to do but do verily and in my conscience believe that if I had ask’d or required him the said Daniel Flexney the Elder either to have sign’d or Executed the same he would readily have done it Jos. Besse The same day the said Joseph Besse made and acknowledged the above written solemn declaration and affirmation before me Will: Strahan Surrogate This Will was proved at London with a Codicil annexed On the fourth day of December In the Year of our Lord One Thousand Seven Hundred and Thirty Five Before the Worshipful John Andrew Doctor of Laws Surrogate of the Right Worshipful John Bettesworth Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully Constituted By the oath of Joseph Flexney the sole Executor named in the said Codicil To Whom Administration was granted of all and Singular the Goods Chattells and Credits of the Deceased He having first Made a solemn and sincere Declaration or Affirmation according To Act of Parliament well and truly to Administer the same | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||