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Will of Sir Robert Banks JENKINSON of Walcot Will 3 Jan 1732/33   Probate 27 Jul 1738
Source: TNA no. PROB 11/690/457 Contributed by: Charlbury Society Historical Research Group Go to Translation Go to Transcript
Summary.
... I Sir Robert Banks Jenkinson of Wallcott ... Baronet ... in good health of body ... Name Relationship [Comments] or Major Bequests Sir Robert Banks JENKINSON   Walcot Dame Katherine JENKINSON Wife (Exec) Robert JENKINSON Eldest Son [under 21] Katherine JENKINSON Daughter [under 18] Banks JENKINSON Son [under 21] Penelope JENKINSON Daughter [under 18] Dame Mary JENKINSON Grandmother Deceased Sir Ralph HARE Trustee [Baronet] Sir Jonathan COPE Trustee [Baronet] Robert DASHWOOD Trustee Thomas ROWNEY Legatee Trustee Oxford Richard DASHWOOD Jr Legatee Trustee NFK Cley Ralph RAWLINS Witness William BRAINT Witness James NAELL Witness Thomas BULLEY Witness Probate 27 Jul 1738 London (PCC) ... Dame Catherine Jenkinson relict and sole Executrix ...
Transcriber's and Editor's Notes
WA21. Transcribed by a member of Charlbury Society Historical Research Group. "NFK Cly" is presumably Cley. The following details are believed to be true but should not be totally relied upon: Testator: Son of Sir Robert (1709/10 qv); Brother of William (1731 qv)
Translated and paragraphed. with some of the standard preamble and "legalese" removed. Go to Glossary
... I Sir Robert Banks Jenkinson of Wallcott ... Baronet ... in good health of body ... My body is to be buried as privately as decency will allow. By a Deed of Settlement dated 7 Jun 1718, made before my marriage with my present wife, I have vested certain messuages in Fleet St and Whitefriars in London in Sir Ralph Hare and Sir Jonathan Cope, Baronets, for a 900-year term In Trust (among other things) to raise £5000 for the portions of my younger children, also to raise a sum for their maintenance until their portions became payable (all to be distributed and payable as I shall direct in my will). Now I distribute the Deed of Settlement £5000 as follows: £1700 to my daughter Katherine Jenkinson, to be paid at age 18. £1600 to my son Banks Jenkinson, to be paid at age 21. £1700 to my daughter Penelope Jenkinson, to be paid at age 18. They are to have 4% pa interest for their shares towards their maintenance, from the time that they become entitled to it under the Deed of Settlement until it becomes payable to them. By an Indenture dated 10 Jun 1720, [all my freehold property] is vested in Sir Jonathan Cope, Baronet, and Robert Dashwood Esq for the remainder of a 99-year term, created for performing these Trusts: Now I give my freehold messuages, lands, tenements, tithes etc in Charlbury and in GLS Hawksbury which are not included in the above Deed of Settlement to Thomas Rowney Esq of the City of Oxford and Richard Dashwood Jr of NFK Cly (see Note) and their heirs, Upon Trust as follows: Within six months after my decease, out of the rents etc or by sale, lease or mortgage of all or part of [it], to pay my debts and the following legacies (or as much of them as my personal estate is insufficient to pay): A further £1800 to my daughter Katherine, to be paid at age 18. A further £1400 to my son Banks, to be paid at age 21. A further £1800 to my daughter Penelope, to be paid at age 18. Those sums are not to be taken as my children's shares of the £5000 in the Deed of Settlement, or so construed as to debar them from any part of that money, and they are to have 4% pa interest for their legacies from the day of my death until their legacies become payable. £5 to the poor inhabitants of Charlbury, £5 to those of GLS Hawksbury, £5 to those of Thornbury, 20s to those of Fawler, to be paid within six months after my decease to those of the poor who do not receive Alms in such manner and proportions as my Executrix thinks fit. After my debts and legacies are paid, I give what remains of my freehold messuages, lands, tenements, tithes etc to my eldest son Robert Jenkinson and his heirs forever. But in case my Trustees meet with difficulty or delay in raising the £5000, my younger children being deprived of maintenance in the meantime, I give all my copyhold messuages, lands, tenements etc in the Manor of Charlbury (which I have surrendered to the use of my will) to Thomas Rowney and Richard Dashwood and their heirs In Trust as follows: To raise £60 pa out of the rents etc (accounted from the day of my death) and apply it equally towards the maintenance and education of my two daughters and youngest son until the £5000 can be raised and invested so that they may receive the interest (or until they become entitled to the interest of their shares of the Deed of Settlement £5000). After they have raised and invested the above £5000, then (out of the rents etc) raise enough money yearly to make up the interest of the £1400 given to my son Banks to a total of £80 pa and apply it towards his support and maintenance until he becomes entitled to the interest of his share of the Deed of Settlement £5000. Also out of the rents etc of [my copyhold property] Upon Trust to pay the monthly charitable bread given to the poor of Charlbury by my late grandmother Dame Mary Jenkinson, until my eldest son reaches age 21. I give a piece of plate worth £10 to each of Thomas Rowney and Richard Dashwood, as a small gratuity for their trouble. After the above trusts have been performed and the sums of money raised and paid, I give my copyhold messuages, lands and tenements to my eldest son Robert and his heirs forever. At that time I recommend that he settle my grandmother's charitable gift upon some real fund, so that it may not fail to be punctually paid (unless I make such a settlement in my lifetime). If either of my daughters has reached age 18 or my son Banks has reached age 21 before my decease, his/her legacy is to be paid within twelve months after my death, with interest from the time of my decease. As soon as my eldest son Robert reaches age 21 he is to join with my Trustees in the sale or mortgage of my messuages, lands and tithes if they think it necessary, and give them all the assistance that lies in his power in raising the money charged on it. If he refuses to join in such sale or mortgage, I give [all of it] to my son Banks Jenkinson and his heirs forever, subject to the above Trusts. I also earnestly request my loving wife that she will join with my Trustees in the sale or mortgage of my messuage, lands and tithes if she (or anyone In Trust for her) has at that time any interest therein. After my debts, legacies and funeral expenses are paid I give all the rest of my goods, chattels, credits and personal estate to my loving wife Dame Katherine Jenkinson, and appoint her sole Executrix ... revoking all former wills. Witnesses Ralph Rawlins; William Braint; James Naell; Thomas Bulley Probate 27 Jul 1738 London (PCC) ... Dame Catherine Jenkinson relict and sole Executrix ...
As transcribed from a copy of the original document. Original line- and page-breaks are preserved as far as possible.
S[i]r Robert Banks Jenkinson In the Name of God Amen I S[i]r Robert Banks Jenkinson of Wallcott in the County of Oxon Baronett being in good health of Body and of Sound and perfect mind and memory Doe make and ordaine this my last Will and Testament in manner and forme following I resign my Soul into the hands of Almighty God who gave it me hoping through the alone Meritts of Jesus Christ to obtaine free pardon and remission of all my Sins and my body I committ to the Earth to be buryed as private as common decency will admit of by my Executrix hereafter named and for the disposeing of such Worldly Goods and Estate as it hath pleased Allmighty God to bless me with I give and Devise the same in manner following Impri[mi]s Whereas by a Deed of Settlement made before my intermarriage with my now Wife bearing date the Seventh day of June which was in the year of our Lord One Thousand Seven Hundred and Eighteen I have vested certaine Messuages or Tenements Scituate in Fleet Street and White Fryers within the City of London in S[i]r Ralph Hare and S[i]r Jonathan Cope Baronetts for the Terme of Nine Hundred yeares In Trust amongst other things to raise the Sume of five thousand Pounds for the Portions of the younger Children of that Marriage to be distributed amongst them in such proportions as I by my last Will and Testament should direct and like wise to raise such a sume for the maintenance of such Younger Children until their Fortunes became payable as I should likewise by my Will appoint Now I give and bequeath one thousand and Seven Hundred pounds part of the said Sum[m]e of five thousand pounds unto my Daughter Katherine Jenkinson to be paid to her when she hath attained to the age of eighteen years and I alsoe give and bequeath one thousand and Six Hundred pounds other part of the said Sume of five thousand pounds unto my Son Banks Jenkinson to be paid to him when he hath attained to the age of one and twenty yeares and I give and Bequeath one thousand and Seven Hundred Pounds residue of the said Sum[m]e of Five Thousand pounds unto my Daughter Penelope Jenkinson to be paid to her when she hath likewise attained to the age of eighteen years and my Will is that my said three Children shall have Interest for their respective shares of the said sum[m]e of five thousand pounds at the rate of Four pounds p[er] centum p[er] ann[um] towards their maintenance from the time that they can be intitled to the same by vertue of the said Deed of Settlement untill the same shall become payable Item I give and Bequeath unto my said Daughter Katherine Jenkinson the further sume of one thousand and eight hundred pounds Item I give and bequeath unto my said Son Banks Jenkinson the further sum[m]e of Fourteen Hundred Pounds and I give and bequeath unto my said Daughter Penelope Jenkinson the further sume of one thousand and eight hundred Pounds over and above their severall shares of the said Sume of Five Thousand Pounds before mentioned to be paid to them at such times and in such manner as is hereinafter mentioned And my Will is that the said three last menc[i]oned Sum[m]es of Eighteen Hundred Pounds Fourteen Hundred Pounds and Eighteen Hundred Pounds shall not be taken as my said Childrens Shares of the said Principall Sum[m]e of Five thousand Pounds or soe construed as to debarr them of any part thereof any Clause in the said Deed of Settlement not withstanding Item I give and Devise unto Thomas Rowney of the City of Oxford Esq[uire] and Richard Dashwood the Younger of Cly in the County of Norfolk Esq[uire] and their Heires All my Freehold Messuages Lands Tenements Tythes and Hereditaments whatsoever scituate lyeing being increasing and ariseing within the Parishes Liberties and Precincts of Charlbury in the said County of Oxon and Hawksbury in the County of Gloucester which are not comprized in the Deed of Settlement hereinbefore menc[i]oned Upon the following Trusts which I doe intreat them to accept of (viz't) In Trust That they doe within Six Months next after my decease by and out of the rents and proffitts or by Sale Lease or Mortgage thereof or of the Revertion thereof or any part thereof pay and discharge my just debts the Legacyes hereinbefore given to my Son and two Daughters amounting to the Sume of five thousand Pounds and the Legacyes hereinafter menc[i]oned or soe much thereof as my personall Estate shall fall short of, and after my just debts and the said Legacyes are paid and satisfyed I give and Devise the said Messuages Lands Tenements Tyths and Hereditaments or soe much thereof as shall remaine unsold unto my eldest Son Robert Jenkinson and his Heires for ever And Whereas the said Messuages Lands Tenements Tyths and Hereditaments are subject to the remainder of a Terme of Ninety Nine yeares vested in S[i]r Jonathan Cope Baronett and Robert Dashwood Esquire by Indenture dated the tenth day of June in the year of our Lord one Thousand Seven Hundred and twenty which terme was created for performeing the severall Trusts in the said Indenture menc[i]oned Now my Will is that the said two severall Sum[m]es of Eighteen Hundred Pounds shall be paid to my said Daughters as they shall respectively attaine to the age of Eighteen yeares and that the said Legacy of Fourteen Hundred Pounds shall be paid to my said Son Banks when he hath attained to the age of Twenty one yeares and that my said Children shall have Interest for their said Legacys at the rate of Four pounds p[er] centum p[er] ann[um] to be accounted from the day of my death untill their said Legacys become payable But least my said Trustees should meet with some difficulty or delay in raising the said Sum[m]e of Five thousand Pounds and my said younger children in the meane time be deprived of a Maintenance I give and devise unto the said Thomas Rowney and Richard Dashwood and their Heires all my Copyhold Messuages Lands Tenements and Hereditaments whatsoever scituate lyeing and being within the Mannour of Charlbury aforesaid of which Copyhold Messuages and Lands I have made a Surrender to the use of my Will In Trust that they do by and out of the Rents and proffitts thereof raise the Sume of Sixty Pounds a yeare to be accounted from the day of my death and apply the same in equall Portions towards the maintenance and education of my said two Daughters and youngest Son untill the said Sum[m]e of Five Thousand Pounds can be raised and placed out at Interest soe as they may receive the Interest thereof or untill they shall be intitled to the Interest of their Shares of the Five Thousand Pounds under the beforemenc[i]oned Deed of Settlement and receive the same without any molestac[i]on which shall first happen and after my said Trustees shall have raised the said Sume of Five Thousand Pounds and placed the same out at Interest In Trust that they do by and out of the rents and proffitts of my said Copyhold Messuages and Lands raise yearly Soe much money as will make up the Interest of the Fourteen hundred Pounds herein before given unto my son Banks the Sume of Eighty Pounds a yeare and apply the same towards his Support and Maintenance untill he shall be intitled to the Interest of his Share of the five thousand pounds under the said Deed of Settlement and upon this further Trust that my said Trustees do out of the rents and proffitts of my said Copyhold Messuages Lands and Tenements pay the charitable Monthly bread given to the poor of Charlbury by my late Grandmother Dame Mary Jenkinson deceased untill my eldest son shall arrive to the age of one and Twenty yeares and after my eldest Son hath attained the age of Twenty one I recommend it to him to settle the said Charitable gift upon some reall fund that it may not faile to be punctually paid (if I shall not make such Settlement in my life time) Item after the said Trusts shall have been performed and the said severall Sum[m]es raised and paid I give and Devise the said Copyhold Messuages Lands and Tenements unto my said eldest Son Robert and his Heires for ever And my Will further is that in case either of my said Daughters shall have attained the age of eighteen yeares or my said Son Banks the age of Twenty one yeares before my decease that the Legacy of him or her soe attaining the said age shall be paid within twelve Months next after my death with Interest for the same after the rate aforesaid to be reckoned from the time of my decease and I further Will and direct that my eldest Son Robert shall as soon as he hath attained to the age of Twenty one yeares joyne with my said Trustees in the Sale or Mortgage of my said Messuages Lands and Tythes if my said Trustees shall think it needfull and give them all the assistance that lyes in his power in raiseing the Money hereby charged thereon and I likewise earnestly request my loveing Wife that she will joyne with my said Trustees in the sale or Mortgage of my said Messuage Lands and Tyths if she or any person or persons In trust for her shall at that time have any Interest therein and if my said eldest Son shall refuse to joyne in such Sale or Mortgage I give and Devise the said Messuages Lands Tenements Tyths and Hereditaments unto my Son Banks Jenkinson and his Heires for ever Subject nevertheless to the Trusts herein before menc[i]oned Item I give unto the said Thomas Rowney and Richard Dashwood and unto each of them a peice of plate of the value of ten Pounds as a small gratuity for their trouble in the said Trust Item I give to the poor Inhabitants of the Town of Charlbury the sume of Five Pounds and to the poor Inhabitants of the Town of Hawksbury the like Sume of Five Pounds and to the poor Inhabitants of Thornbury the like sum[m]e of Five Pounds and to the poor Inhabitants of Fawler the Sume of twenty Shillings which four last menc[i]oned Legacyes I Will and direct shall be paid within Six Months next after my decease unto such of the said poor that do not receive Alms in such manner and proportions as my Executrix hereinafter named shall think fitt Item all the rest and residue of my Goods Chattles Credits and personall Estate whatsoever after my just debts Funerall Expences and the Legacyes hereinbefore menc[i]oned shall be paid and satisfyed I give devise and bequeath unto my said loveing wife Dame Katherine Jenkinson and I do hereby make ordaine constitute & appoint my said loveing Wife Dame Katherine Jenkinson sole Executrix of this my last Will and Testament hereby revokeing all former and other Will or Wills by me at any time heretofore made or declared In Witness whereof I have to this my last Will and Testament consisting of Five Sheets of paper sett my hand and Seal this third day of January in the Sixth yeare of the Reign of our Sovereign Lord George the Second by the Grace of God of Great Britaine France and Ireland King Defender of the Faith &c and in the yeare of our Lord one thousand Seven Hundred and Thirty Two Ro[bert] Banks Jenkinson Signed Sealed Published and declared by the said S[i]r Robert Banks Jenkinson as and for his last Will and Testament in the presence of us who in his presence subscribed our names as Witnesses hereunto Ralph Rawlins William Braint James Naell Tho[mas] Bulley This Will was proved at London before the Right Worshipfull John Bettesworth Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted the Twenty Seventh day of July in the year of our Lord one thousand seven Hundred and thirty eight by the oath of Dame Catherine Jenkinson Widow the Relict of the said deceased and Sole Executrix named in the said Will to whom Administration was granted of all and singular the Goods Chattels and Credits of the said deceased being first sworn by Commission duly to Administer.