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Will, Bond & Inventory of Justinian FLEXNEY of Witney Will 2 Nov 167_   Bond 21 Jul 1675
Source: OHC no. W. Bd. I. 107.177; 23/2/125 Contributed by: Steve Bumstead Go to Translation Go to Transcript
Summary.
... I Justinian Flexney of Witney ... fuller ... Name Relationship [Comments] or Major Bequests Justinian FLEXNEY   Witney Ann FLEXNEY Wife Administratrix John FLEXNEY Son William WOOLLAMS Son-in-law William SESSIONS Son-in-law Thomas COLLIER Brother-in-law Surety Appraiser Witney Peter KEAT Appraiser Widow COWLING Mention Witney Thomas RHODES Witness to Bond Inventory taken 8 Apr 1675, value: £24 13s (see Note) Exhibited: 21 Jul 1675 Witney by Ann Flexney relict and Administratrix ... Admon: 21 Jul 1675 ... the will was not proved normally because no Executor was named, but Admon (with will annexed) was granted to Ann Flexney the relict and principal legatee ... Bond: 21 Jul 1675 ... Anne Flexney the relict ... Bond value: £60.
Transcriber's and Editor's Notes
A full Inventory is included. No total is given but the items add up to £24 13s Not only was there no Executor, but the will was neither signed nor witnessed. Why did the Probate Court accept it as valid? The following details are believed to be true but should not be totally relied upon: Testator: Husband of Anne (1706 qv).
Translated and paragraphed. with some of the standard preamble and "legalese" removed. Go to Glossary
... I Justinian Flexney of Witney ... fuller ... My body is to be buried in the church or churchyard of Witney. I give the house in Corn St (next-door to the widow Cowling on the east) to my wife Ann for life. After her death I give it to my son John and his heirs forever. I give my wife all my goods except three racks and three pairs of fuller's sheers which I give to my son John forever. I give my son-in-law William Woollams the £5 which he already has in his hand. I give my son-in-law William Sessions the following: £4 for which I am engaged to my brother-in-law Thomas Collier. The money which I paid for him when he was in trouble, which was 56s(?) All the broad-cloth which he had from me in 1673. We Anne Flexney of Witney, widow, and Thomas Collier of Witney, gentleman, acknowledge ourselves to be bound to Henry Allworth (representing the Bishop of Oxford) ... £60 to be paid to the said Henry Allworth or his [Assigns]. To the payment of which .... we bind ourselves, and .... our Heirs, Executors and Administrators. Sealed with our Seals, Dated 21 Jul 1675 ================================== Condition of this Obligation: Whereas Justinian Flexney of Witney made his will but named no Executor, Administration of his goods etc (with the will annexed) is now granted to his relict Anne Flexney. She must truly administer those goods, paying his debts and legacies as far as possible. She must make and exhibit a full Inventory into the Registry of the Bishop's Court in Oxford. She must make a true account of her Administration when required. Any residue of the goods etc, after examination by the Judges of the Court, she must deliver to whomever the Judges tell her. She must save harmless [all the bureaucrats]. If all that is done, then this Obligation is void. Signatures:   Anne X Flexney; Thomas Collier Witnesses:   Thomas Rhodes An Inventory ... of the goods of Justenean Flexon toker ... Inventory taken 8 Apr 1675 by Thomas Collier; Peter Keat Inventory value: £24 13s (see Note) Exhibited: 21 Jul 1675 Witney by Ann Flexney relict and Administratrix ... Admon: 21 Jul 1675 ... the will was not proved normally because no Executor was named, but Admon (with will annexed) was granted to Ann Flexney the relict and principal legatee ... Bond: 21 Jul 1675 ... Anne Flexney the relict ... Bond value: £60.
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, the second day of november 167_ [damage] according to the computation of the church of England. I Justinian fflexney of Witney in the county of Oxon ffuller being of perfect memory and remembrance praised be god, do make and ordaine this my last Will and Testament, in manner and forme ffollowing, viz first I bequeath my soule unto the hands of Almightie god my maker hoping that through the Meritorious Death and Passion of Jesus Christ my only Saviour and Reddeemer to receeve free pardon and forgivenes of all my sinnes; and as for and as my body to be buried in the church or church yard of Witney according to the Discression of my executrix hereafter nominated Item I give unto Ann my wife for the tearme of her naturall life and after to my sonne John and his heirs for ever that house or tenament in Corne streete next scituate unto the widdow Cowling on the East. Also I give uf unto my wife all my goods except three racks and three paire of fullers sheeres which I give to my sonne John for ever Alsoe I give unto William Woollams my son in Law that five pounds w'ch he hath in his hand already Item I give unto William Sessions my son in law 4li w'ch I am ingaged for to Thomas Collier my brother in Law Item I give that mony which I payd for him when he was in tr[blot]ble w'ch was 56? shillings Likewise I give him all the brode cloth w'ch he Rec'? of me in the yeare 1673 deliv'd to him       Hoc Testam'tum non erat in com__ forma probat' ___ quod null' in ______ fuit Executor’ sed vicesimo primo die mensis Julij A'o D'ni Milli'mo sexcen'mo septuag'mo quinto ven'li vir' Henricus Alworth [..............................................................................] __ cum Testamento annex' __ Annae fflexney R'lic' &c et Legat__ princ -- in dict' Testam'to no'i'at' Ad Sancta Dei Evangel' in debit Juris forma jurat .............. 21'o Julii -75 Anna R'licta ___________ _____ Noverint universi per P'sentes Nos Annam fflexney de Witney in Com' et Dioc' Oxon viduam et Thomam Collier de Witney p'dict' gen'osum teneri et firm'r obligari Henrico Allworth LL d'core D'ni Ep'i Oxon Vicar' in spu'bus Gen'li sive Com'ii l'time constitut' in Sexaginta libris bonae et legalis monetae Angliae solvend eid' Henricus Allworth Vicar' in spu'bus Gen'li D'ni Ep'i Oxon p'd' aut eius certo in hac p'te attornato Executor' Administrator' Successor' sive Assign'is suis ad quam quidem Soluc'onem bene et fidel'r faciend' Obligamus Nos et Quemlibet n'rum p' se p' toto et in solido haeredes Execut' et Administ' n'ros firm'r p' p'sentes. Sigillis n'ris Sigillat' Dat Vicesimo primo Die mens's Julij Anno Regni D'ni n'ri Caroli secundi dei gratia Angl' Scot' ffranc' et Hibern' Reg' fidei Defensor &c Vicesimo septimo Annoq' D'ni 1675 ================================== The Condic'on of this Oblig'on is such y't whereas Justiniian fflexney late of Witney in the County and Dioce' of Oxon dec'd did in his life time being of sound memory & p'fect understanding make & declare h[is] last will & Testam't xxxxx in writeing but noe Executor being therein named the Admin'con of all & singular ye goods Ch'ells & Creditts of ye s'd dec'd w'th ye s'd will to ye s'd L'rs of Admin'con annexed by ye Authority of ye s'd Vicar' Gen'li abovenamed is com'itted unto ye abovenamed Anne fflexney Relict of the said deceased - - - - - if therefore ye s'd Anne fflexney the Administratrix afores'd doe well & truly administer in & upon all & singular ye goods Ch'ells & Creditts of ye s'd dec'd y't is to say pay his debts w'ch at ye time of his death hee owed & ye Legacies in ye s'd will given & bequeathed & in all things p'forme ye s'd will according to ye true intent & meaning thereof so farre forth as ye s'd goods Ch'ells & Creditts will thereunto extend & ye Law bind & require her doe exhibitt a true & p'fect Inv'ry of all & singular ye goods Ch'ells & Creditts of ye s'd dec'd into ye Reg'ry of ye Co't of ye s'd Bishop of Oxon & also render a true & p'fect Accompt of & upon her s'd Ad'con when she shall be thereunto lawfully required And all ye Rest & residue of ye s'd goods Ch'ells & Creditts w'ch shall be found remaining upon ye s'd Admin'xs Accompt ye same being first examined & allowed of by ye Judge or Judges for ye time being of ye s'd C'rt? (& ye debts & Legacies of ye s'd dec'd being first p'd & satisfied) shall deliver & pay unto such p'son or p'sons respectively as ye s'd Judge or Judges by his or their decree pursuant to Law & according to ye s'd will shall limit & appoint & if ye s'd Administratrix shall defend & save harmelesse ye Vicar Gen'll above named & all ye Officers & Ministers of ye said Co't ag't all p'sons whatsoever & from & ag't all acc'ons & charges whatsoever that shall or may accrew unto them or any of them for or by reason of com'itting ye admin'con of ye goods of ye said John fflexney dec'd unto ye said Anne fflexney Then this Obligac'on to be void & of None effect or else to Remaine in full force and Virtue. Sealed & deliv'ed                    sig' in ye p'sence of                Anne fflexney X Tho Rhodes N'ry public                  Tho: Collier A Envetry Taken This 8th of Apprill 1675 of The Goods & Chattell of Justenean Flexon Toker Late desesed & is as folothe Imprimis his waring apparill   2li- 0 - 0 Item Redy mony in his hous   0 -10s - 0 Item Goods in The Hale That is } on Coobert on Tabell bord & Chayer } 1li - 0 - 0 & forme & sattell & Ion Stols } & for other smal Things } Item Goods in the buttery on brewing } Kitell & a smal kettell on luttell bras } pott & a Eyoron pott on Skilett } 2li - 5s - 0 & fower lettel barrils for drinke } with a bocking Could & som other } small Things } Item in the Chamber over The Hal } on hy bead & on Truckell bead & 2 } Two flocke beads with beading that is } 2li - 0 - 0 sheets & blancuts & Coverings for the } beads & To Cofers } Item in the Chamber over the Entry on hy } bead with a flocke bead & blancuts & a } Range & a Cheast & a Cofer & five } 1li - 15s - 0 smal pewter dishes on Candellsticke } on pewter Chamber pott & on smal } flogon } Item in the Great Chamber three peare of } Sheares on pras with other workings } 1li - 5s - 0 Toles & som lamber } Item Ther in a lettell box & To peare of } sheats & halfe a dozen of cors napten } 0 - 13s - 0 on Tabell Cloth & fower Cors pila cases } Iem in a lettell Rom of flox & follers } 1li - 0 - 0 earth & som smal cloast for the fier } Item in the close on Racke & the fyer } 1li - 0 - 0 wood in the backe syd } Item att the mill in on Rome on bead } & beed sted & blancuts & Coverled } 1li - 5s - 0 & sheeats & on clocke } Ietem on band for Ten pond lent   10li - 0 - 0 The Goods a bove weare Appraysed by us whose names are subscribed       Tho: Collier       Peter Keat Exhibit' erat hoc Inven' apud Witney in Com' et Dio'c Oxon vic'imo primo die mensis Julij A'o D'ni 1675 per Annam fflexney R'l'cam &c et Ad'tricem &c cu' T'nto annex' &c p' vero et p'fecto Inven omn' et singul' bonor' &c ........................................................