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Will of Robert FOX of Middle Aston

Will 19 Dec 1693   Probate 21 May 1694

Source: TNA no. PROB11/418
Contributed by: Heather Brunt Go to Translation Go to Transcript
Summary.
... I Robert Fox of Middle Aston ... in my bodily health infirm and weak ...

NameRelationship[Comments] or Major Bequests
Robert FOX Middle Aston
Mary FOXWife
John FOXBrother
Anne FOXSister-in-law[w John]
Robert FOXNephew Godson[s John]
John FOXNephew[s John - with ch legatees]
Thomas FOXBrother
Elizabeth FOXSister-in-law[w Thomas]
Thomas FOXNephew[s Thomas]
Mary FOXNiece[d John or Thomas - see Note]
Elizabeth FOXNiece[d John or Thomas - see Note]
Anne FOXNiece[d John or Thomas - see Note]
Joane FOXNiece[d John or Thomas - see Note]
Joane BASELYSister[with unnamed ch legatees]
Anne FOXSister
Mary COLLINGRIDGEKinswoman
Thomas COLLINGRIDGELegatee[s Mary]
Thomas COLLINGRIDGEKinsman (Exec)Somerton [hus Mary]
John PARKERKinsman[Parkers are siblings]
Thomas PARKERKinsman[Parkers are siblings]
Gabriell PARKERKinsman[Parkers are siblings]
Anne PARKERKinswoman Witness[Parkers are siblings]
Ann HATLEYSister
Joane HATLEYNiece[d Ann]
Robert HATLEYNephew[s Ann]
Ann HATLEYNiece[d Ann]
Love HATLEYNephew?[s Ann]
Edward CARTERKinsman (Exec)London
Ralph SHELDONMention
Mr PARSONSTenant
John COLLETTTenantNorth Aston
Giles ASHBYTenantNorth Aston
Lady AIRELessee
unnamedGodchildren
Mathew BAYLISWitness
Richard RENOLDSWitness

Probate 21 May 1694 London (PCC) ... Edward Carter one of the Executors ... Thomas Collingridge the other Executor ...
Transcriber's and Editor's Notes
In the clause where he gives the reversion of a lot of bits of land to his nephew John, it is not clear whether "his" sister(s) Mary, Elizabeth, Anne and Joane are John's own sisters or those of Thomas. PRs might clear it up.
There are two short and largely illegible Latin comments in the margin of the third page (beginning "wherein my Brother Thomas"), each being signed off by three or four bureaucrats. One (it is not clear which) is dated 27 Jun 1694.
The first begins "Concordat ..." and mentions "the said deceased", the second begins "Receipi? Test'um ..."
They may well be standard bits of bureaucracy, but the editor has not seen other examples.
There is a line of Latin at the beginning of the will, re a "sentence" (judgment) on the will's validity.
There is also an extra bit in the Probate note re the "strength and validity of the will".
The editor doesn't know what it was all about, but the will seems to have been proved eventually.
  Translated and paragraphed.
with some of the standard preamble and "legalese" removed.
Go to Glossary
... I Robert Fox of Middle Aston ... in my bodily health infirm and weak ...
  • I revoke all former wills.
  • Whereas I have purchased from Ralph Sheldon Esq a £20 pa annuity for three lives all still living:
    [The annuity would be paid until the last of the three "lives" died -- we are not told their names.]
    • My beloved wife Mary is to have the annuity during the "lives" if she lives so long, but my sisters Joane Basely and Anne Fox are to have 40s each out of it for life (if the "lives" live so long).
    • If my wife dies before the last "life", the annuity goes to my kinsman Robert Fox, son of my brother John Fox, and his Executors etc for the rest of the time.
      But if Robert has the annuity (after my wife's death), he is to pay the following:
      • £5 pa to his brother John Fox.
      • 50s pa to his mother Anne.
      • 50s pa to my sister Joane Basely.
  • I give a messuage in North Aston, previously in the occupation of Mr Parsons but now of John Collett, to my Executors during the life of my brother Thomas Fox and his wife Elizabeth.
    They are to pay the rents etc to Thomas during his life.
  • I also give my seven poles of meadow ground in a Bestmore Meadow to my Executors during my brother Thomas's life.
    They are to pay the rents etc to him for life, this being intended for some livelihood and subsistence for him during his life.
  • After Thomas's death I give the messuage etc and the seven poles of meadow ground to my above kinsman John Fox, son of my brother John, and his heirs etc forever.
  • I give my house and its adjoining little orchard and garden plot where Giles Ashby now dwells in North Aston, also six yard of meadow ground in Grosse Mead in North Aston and one Cows Common (out of the six Cows Commons belonging to my messuage called Hedges in North Aston), to my kinswoman Mary Collingridge, wife of Thomas Collingridge of Somerton, and her heirs etc forever.
  • I give the messuage called Hedges, with its closes, its remaining five Cows Commons and its six Horse Commons, to my above kinsman John Fox and his heirs forever.
    But he is to allow my wife to take the profits of [the properties] for life.
  • I give the house called Fox Hall in North Aston where my brother Thomas now dwells to my kinsman Thomas Fox, son of my brother Thomas, and his heirs forever.
  • I give the remaining term of a lease of my farm lands and premises in Middle Aston to the above Thomas Collingridge and my kinsman John Fox, charged with the payment of £20 to my kinswoman Anne Parker.
  • I give all the rest of my lands, tenements etc in North Aston or elsewhere, and the reversion expectant (after a term of about 60 years to come in the possession of the Lady Aire) of a plot of meadow ground called Gooseham in Bestmore Meadow, three pole more in the Long Sett there, seven pole more in the Long Sett, five pole more in the Short Sett there, a little pightle called The Crown there and all my other lands in reversion or expectancy to my kinsman John Fox and his heirs etc forever, but charged with the following legacies:
    • £20 to my above kinsman Thomas Fox, to be paid three years after my wife's death if he lives so long.
    • £20 to his sister Mary and £10 each to his sisters Elizabeth and Anne [see Note], to be paid within three years after my wife's death if they live so long.
    • £20 to his sister Joane [see Note], to be paid six years after my wife's decease if she lives so long.
    • £40 to my sister Ann Hatley's daughter Joane, and £10 equally divided between her three other children Robert, Ann and Love, also 40s to my sister Ann, all to be paid six years after my wife's decease.
  • I give my kinsman Thomas Collingridge £8 for him to dispose of as he sees fit.
  • The following legacies are to be paid out of my personal estate four years after my wife's decease:
    • I give my kinsman and godson Robert Fox, son of my brother John Fox, £40.
    • I give my sister Joane Basley's children £20 equally divided, to be paid one year after my wife's decease.
    • I give my kinsman John Parker £30, to his brothers Thomas and Gabriell 40s each and to his sister Anne Parker £30.
    • I give £5 amongst the children of my kinsman John Fox.
    • I give my kinswoman Mary Collingridge's son Thomas £10 and her other children £5 each.
    • I give my several godchildren 40s each.
    • But if (after my funeral, debts and the legacies below are paid) my personal estate will not suffice to pay the above legacies, the legatees are to make a proportional abatement out of their legacies.
    • If my personal estate amounts to more than the above legacies, the surplus is to be disposed of as my Executors think fit amongst my relations who are most in need.
  • I give the poor of Middle Aston 40s, to the poor of North Aston 20s and to the poor of Steeple Aston 20s.
  • £20 is to be spent on my funeral.
  • My wife is to have the use for life of such of my household goods as are necessary for her.
  • I give my loving kinsman Mr Edward Carter of Chanser [Chancery?) Lane, London, and my kinsman Thomas Collingridge £10 each, and make them my Executors.

  • Witnesses Mathew X Baylis; Richard X Renolds; Ann Parker
Probate 21 May 1694 London (PCC) ... Edward Carter one of the Executors ... Thomas Collingridge the other Executor ...
  As transcribed from a copy of the original document.
Original line- and page-breaks are preserved as far as possible.
Tm Roberti Fox
Sententia lata pro valore hujus Testamento 2'do Assenc'oni? 1694

In the Name of God Amen
the Nineteenth day of December in the yeare of our Lord one
Thousand Six Hundred Ninety and Three in the fourth yeare of
their now Maj'ties Reigne William and Mary the Third over England
&c I Robert ffox of middle Aston in the County of Oxon being in my
bodily health infirme and weake but of good and perfect memory and
understanding and reflecting upon the uncertainty and shortnes of my
daies to come in this mortall life and Almighty God haveing blest
me with some small Estate which I desire to dispose and settle in
peace and quiet after my decease doe hereby revoke all former Will or
Wills by me made And make this my last Will and Testament in
manner and forme following ffirst I commend my soule into the
hands of Almighty God my Creator haveing an assured hope
and confidence in and by the meritts of the death and passion of Jesus
Christ his onely sonne my Saviour and Redeemer to enjoy
Eternall happines in his Everlasting Kingdome prepared for
true beleivers and well doers And for my body I recommend it the [sic]
Earth decently to be buryed at the discretion of my Executors herein
after named And for my temporall Estate Whereas I did
heretofore purchase by Lease or grant from Ralph Sheldon Esq'r
one Annuity of Twenty pounds per Annum for Three lives yett
in being Itt is my Will that Mary my beloved wife shall have
and enjoy the said Annuity dureing the said Three lives and the
longest liver of them if she live soe long but my Will is that my

Sister Joane Basely and my Sister Anne ffox shall have each
of them fforty? shillings apeice out of the said Annuity for their
naturall lives if the said lives soe long live but if my wife
happen to dye before the said Estate determine by the death of the
said Three lives Then it is my Will that my kinsman Robert ffox
the sonne of my Brother John ffox shall have hold and enjoy the
said Annuity to him his Executors and Assignes for and dureing the
whole time to come therein and soe long as any of the said Three
lives shall live But it is my Will That if my kinsman Robert ffox
his Executors or Assignes shall after the death of my said wife come
into possession and have and enjoy the said Annuity that he and they
shall thereout yearely pay to John ffox brother of the said Robert
ffive pounds and ffifty shillings per Annum to Anne the Mother
of the said Robert ffox and ffivety shillings yearely to Joane Basely
Sister of me the said Robert ffox for and dureing their respective
naturall lives if the lives on which the said Annuity depends or any
of them soe long live and now longer [sic] Item I devise and bequeath
unto my said Executors a Messuage or Tenement in Northaston
aforesaid heretofore in the possession or occupacon of Mr Parsons
and now in the holding and occupacon of John Collett To hold
dureing the life of my Brother Thomas ffox and Elizabeth his wife
But it is my Will and doe I ordaine [sic] that my said Executors shall
yeild and pay and be accomptable for the rents and proffitts thereof
unto my Brother Thomas ffox dureing his life And I alsoe give to
my said Executors my Seven pole of Meadow ground in a certaine
Meadow called Bestmore dureing my said Brother Thomas ffox
his life to be likewise accomptable for the Rents and proffitts thereof
to the said Thomas ffox dureing his life being intended for some
livelyhood and subsistance for him dureing his said life and after the
death of the said Thomas ffox I give and bequeath the said Messuage
or Tenement with its appurtenances and the said Seven pole of
Meadow ground unto my said Kinsman John ffox sonne of my
said Brother John ffox and to his Heires and Assignes for ever
Item I give and bequeath unto my kinswoman Mary Collingridge
wife of Thomas Collingridge of Somerton in the said County of
Oxon All that my house or Tenement and little orchard and
garden plott thereunto adjoyning and belonging wherein Giles
Ashby now dwelleth in Northaston aforesaid together with six
yeard of Meadow ground lying in a Meadow called Grosse Mead
in Northaston aforesaid and alsoe one Cowes Common out of the
six Cowes Commons belonging to my Messuage or Tenement called
Hedges in Northaston aforesaid To hold the said Messuage or
Tenement Orchard garden plott meadow ground and Com'on to
her the said Mary Collingridge her Heires and Assignes for ever
Item I give and bequeath unto my said Kinsman John ffox the said
Messuage or Tenement called Hedges with the Closes and five of the
six Cows Com'ons and six Horse Com'ons thereunto belonging to
him and his Heires for ever But it is my Will that my said
kinsman John ffox shall permitt and suffer my said wife to hold
and enjoy and take the proffitts of the said Hedges Tenement and
other the premisses last menc'oned dureing her life It' I give and
bequeath the house or Tenement called ffox hall in Northaston aforesaid

wherein my Brother Thomas now dwelleth and all my Intrest and
title therein unto my Kinsman Thomas ffox son of my said Brother
Thomas ffox and to his Heires for ever It' I give and bequeath unto
the said Thomas Collingridge and my said Kinsman John ffox the remaining
terme to come of a Lease of my farme Lands and premisses thereunto belonging
in Middle Aston aforesaid and doe charge the said farme and them with the
payment of Twenty pounds to my kinswoman Anne Parker All the rest
of my Lands Tenements and Hereditaments in North Aston aforesaid
or elsewhere and the reverc'on expectant after an Estate or terme of
about Sixty yeares to come in the possession of the Lady Aire of and
in a certaine plott of meadow ground called Gooseham in Bestmore
meadow aforesaid and three pole more in the long sett there and Seven
Pole more in the said long sett and five pole more in the Short sett there
and a little Pightell there called the Crowne and all other my Lands
in revertion or expectancy saveing what are herein before devised I give
and bequeath unto my said kinsman John ffox and to his heires and
Assignes for ever But it is my Will and I doe hereby charge my said
Kinsman John ffox shall out of the Messuages Lands and Tenements
hereby devised and bequeathed unto him in North Aston aforesaid pay
these ensueing Legacies at the times hereafter mentioned that is to say
Twenty pounds to my said Kinsman Thomas ffox to be paid to him
Three yeares after my wifes death if he live soe long. To his Sister
Mary Twenty pounds and to his Sisters Elizabeth and Anne Tenn
pounds a peece to be paid unto them respectively within Three yeares
after my said wifes death if they respectively live soe long and to his
Sister Joane Twenty pounds more to be paid six yeares after my said
wifes decease if she live soe long And alsoe to my Sister Ann Hatleys
dafer Joane fforty pounds and to her Three other Children Robert
Ann and Love Tenn pounds to be equally devided amongst them
and fforty shillings to my said Sister Ann All to be paid Six
yeares after my said wifes decease It' I give to my kinsman Thomas
Collingridge Eight pounds for him to dispose of as he seems [sic] meet
It' I give to my Kinsman and Godson Robert ffox sonne of my
Brother John ffox fforty pounds to be paid out of my personall
Estate as these Legacies following It' it is my Will that these
Legacies hereafter menc'oned be paid out of my personall Estate
viz't I give to my Sister Joane Basleys Children Twenty pounds
to be equally devided amongst them and paid one yeare after
my wifes decease I alsoe give to my kinsman John Parker Thirty
pounds and to his Brothers Thomas and Gabriell fforty shillings
a peice and to his Sister Anne Parker Thirty pounds and five pounds
unto and amongst the Children of my kinsman John ffox All these to
be paid foure yeares after my wifes decease It' I give to my kinswoman
Mary Collingridge her sonne Thomas Tenn pounds and her other
Children ffive pounds a peice It' I give to my severall Godchildren
fforty shillings a peice but it is my Will that after my funeralls Debts
and other Legacies hereafter menc'oned are discharged if my personall
Estate will not amount to pay the said last mentioned Legacies then the
said Legatees shall make a proporc'onable abatement out of their
said Legacies It' I give to the poore of Middle Aston fforty shillings
To the poore of North Aston Twenty shillings and to the poore of
Steple Aston Twenty shillings And my Will is that Twenty pounds

be disbursed to discharge my funerall expences And my Will is that
my said wife shall have dureing her life the use of such of my
Household goods are necessary [sic] for her And lastly I give to my
loveing Kinsman Mr Edward Carter of Chanser? Lane London and to
my said kinsman Thomas Collingridge Tenn pounds a peice And doe
constitute and ordaine them the sole Executors of this my said Will In Witnes
whereof I the said Robert ffox have to this my said Will being in Two sheets
of paper sett my hand and seale to each of them the day and yeare abovesaid
It' it is my Will that if my personall Estate doe amount to more than the
abovesaid Legacies Then it it [sic] shall be disposed of as my Executors shall
seeme meet amongst my Relations which have most need as they shall
thinke fitt -- Robert Fox -- Signed sealed and delivered published being first
read over to the said Robert ffox in the presence of us The marke of
Mathew Baylis The marke of Richard Renolds Ann Parker

Probatum fuit h'mod' Testamentum apud London Vicesimo
Primo die mensis Maij Anno D'ni Millesimo Sexcentesimo Nonagesimo
Quarto Coram ven'li viro Guilielmo Oloyd? Legum Doctore Surrogato ven'lis et
Egregij viri D'ni Richardi Raines Militi' Legum etiam Doctoris Curiae
Praerogativae Cantuar' Mag'ri Custodis sive Com'issarij l'time constituti Juramento
Eduardi Carter unius Executorum in dicto Testamento nominat' Cui Com'issa fuit
Administratio omnium at singulorum bonorum jurium et Creditorum dicti def'ti
de bene et fideliter Administrando eadem Ad Sancta Dei Evangelia jurat Lata
pr__ S___ Diff__a pro valore et validitate dicti Testamenti pr__ ex ac__ Curiae
liquet Thoma Collingridge altero Executore in dicto Testamento nominat' de
_____ juxta Statutem in ea parte editum et provisum ____