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Will of Sir Littleton OSBALDESTON of New Woodstock
Will 20 Dec 1691 Codicil 25 Dec 1691 Probate 12 Jan 1691/92 (and see Notes) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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| Summary. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Probate 12 Jan 1691/92 London (with codicil) ... Lady Catherine Osbaldeston relict and executrix ... | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Transcriber's and Editor's Notes | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Something was amiss with son John, who was clearly not to be trusted to look after his own affairs. Whether he married or not is unknown. What is clear is that Lady Katherine died before finishing the execution of Sir Littleton's will. The probate note is followed by what appear to be four separate Commissions in Latin, dated Dec 1700, Feb 1704/05(?), May 1705 & Jun 1709. The Latin is in tiny writing -- the only one which is not is badly faded -- and all are much abbreviated. The precise details are therefore not clear. Although the will does not say so, it is known from PRs that Joanna Maria BAYNTUN was his daughter, and that son Lacy married Elizabeth BLAGRAVE in Oxford -- these facts may help us to understand the Commissions. The people named in the Commissions have been included in the Summary (and Index). | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Translated and paragraphed. with some of the standard preamble and "legalese" removed. Go to Glossary | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
... I Sir Littleton Osbaldeston of New Woodstock, Baronet ... weak in body ...
Codicil 25 Dec 1691
Commission 23 Dec 1700 To Lady Elizabeth Osbaldeston [nee BLAGRAVE, wife of Lacy], mother and legal guardian of Sir Richard Osbaldeston, Bart, minor, grandson of Sir Littleton Osbaldeston, Bart deceased. To administer [Sir Littleton's] goods etc left unadministered by Lady Catharine Osbaldeston his relict and Executrix, deceased ... [The implication is that Sir Littleton's sons John and Lacy are both dead, since Lacy's son Richard is now Baronet.] Commission 20 Feb 1704/05 (?) To Martha Bayntun of MDX St Margaret Westminster. To administer [Sir Littleton's] goods etc left unadministered by Lady Catharine Osbaldeston his relict and Executrix, deceased ... [There is some sort of Court case against Henry BAYNTUN involving £2000 of Sir Littleton's money. Sir Littleton's daughter Joanna Maria BAYNTUN, wife of Nicholas BAYNTUN, appears to be a trustee. If Martha is their daughter she is probably under 21.] Commission 12 May 1705 To William Blagrave of the City of Oxford, gent. To administer [Sir Littleton's] goods etc left unadministered by Lady Catharine Osbaldeston his relict and Executrix, deceased (Except for the above £2000 case against Henry Bayntun) ... on behalf of Sir William Osbaldeston, Bart, and Charles, Catherine and Diana Osbaldeston, Sir Littleton's male line grandchildren, until one reaches age 21. [The implication is that Lady Elizabeth and Sir Richard (1700 Commission) are both dead, so that Lady Elizabeth's father or brother is told to deal with the will until one of Lacy's remaining children reaches 21.] Commission 9 Jun 1709 To Sir William Osbaldeston Bart, male line grandson of Sir Littleton Osbaldeston Bart. To administer [Sir Littleton's] goods etc left unadministered by Lady Catharine Osbaldeston his relict and Executrix, deceased ... [William (b 1687) has reached age 21.] Probate 12 Jan 1691/92 London (with codicil) ... Lady Catherine Osbaldeston relict and executrix ... | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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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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T'm: D'ni Littleton Osbaldeston Bar'ti In the name of God Amen This Twentieth day of December in the yeare of our Lord God One Thousand Six Hundred Ninety and One I Sir Littleton Osbaldeston of the Burrough of New Woodstock in the County of Oxon Baronet being weake in body but of sound memory and understanding Doe make and ordaine this to be my last Will and Testament in manner and forme following (that is to say) ffirst I commend my Soule to the mercies of Almighty God and my body to the Earth (by a decent interm't in the Chappell of Chadlington among my Ancestors according to the discretion of my Executrix) to rest in hope of a joyfull Resurrection to everlasting life through Jesus Christ our Saviour and Redeemer Next praying for Divine Benediction upon that worldly estate God hath lent me and upon my disposic'on of parte thereof according to this my will I doe devise and bequeath the same as followeth (that is to say) I doe devise unto my brother in Lawe Giles Diston of Chadlington aforesaid Gentl' and Abraham Bulley of the said Burrough of New Woodstock my now Clerke and to theire Executors and Administrators all my Messuage or Tenement within the same Burrough wherein I now dwell and the Messuage or Tenement there to the same adjoyning now in the occupac'on of George Ryves gentl' and the houses outhouses stables orchards gardens yardes backsides and appurtenances to both or either of the said Messuages or Tenem'ts belonging To have and to hold the said houses and premisses to them the said Giles Diston and Abraham Bulley and their Executors and Administrators for and dureing the terme of One Thousand yeares from the time of my death upon this trust and confidence nevertheless that if Katherine my beloved wife her Heires Executors or Administrators shall well and truely pay unto them the said Giles Diston and Abraham Bulley their Executors or Administrators the yearly sum'e of thirty pounds of lawfull money of England from the time of my death for and during the naturall life of my sonn John Osbaldeston gentl' by four quarterly payments in every yeare by equall porc'ons That then untill default of such payment my wife and her Heires and Assignes shall receive the rents and proffitts of the said houses and premisses to her and their owne proper uses But if there shall be default of payment thereof quarterly as aforesaid that then it shall and may be lawfull to and for the said Giles Diston and Abraham Bulley their Executors and Administrators to enter upon the said Messuages Tenem'ts and premisses and by leases or sales thereof or otherwise to assure the due quarterly payments of the said annuity to them as aforesaid and to as___r the overplus to my said wife and her Heires which annuity is to be to them upon this further trust (that is to say) that they theire Executors or Administrators shall during the lifetime of my said Sonn John Osbaldeston pay quarterly for his dyett washing and lodging the sum'e of fourteen pounds to be paid quarterly and for necessary apparrell for him the sum'[e of eight pounds the same money not to come into his owne handes and to his owne hands for pockett money the sum'e of four pounds to be paid quarterly and dispose of the four pounds residue in such manner reserving it as a stock for him or otherwise for the use and benefitt of my said sonn as my said Trustees their Executors or Administrators shall thinke best for him And I doe hereby devise unto my said wife the reverc'on and inheritance of my said Messuages Tenements and premisses and do further devise after the death of my said sonn and the said annuity paid that the said terme of one thousand yeares limitted to them the said Giles Diston and Abraham Bulley as aforesaid shall cease determine and be utterly voyd and that the said houses and p'misses shall thenceforth be and remaine unto my said wife her Heires and Assignes for ever anything herein contained to the contrary notwith= =standing Provided alwayes that if my said wife shall within two yeares next after my decease by good and sufficient wayes meanes and assurances in the Law as the Councell learned in the Lawe of the said Trustees shall advise settle and assure the due payment of an annuity of thirty pounds per annum to be paid to the said Trustees their Executors or Administrators in manner as aforesaid to be applyed to the uses as aforesaid in manner as aforesaid then the said terme of one thousand yeares hereby limitted to my said Trustees as aforesaid shall cease determine and be utterly voyd any thing herein contained to the contrary notwithstanding Provided alsoe further that if the said annuity shall not be duely paid as aforesaid by my said wife her Executors or Administrators And the said houses cannot be sould at a reasonable vallue for want of buyers whereby to supply the due yearly and quarterly payments of the said annuity then I doe hereby devise that the same annuity be quarterly paid as aforesaid by my Executrix and her Executors and Administrators out of my personall estate which I shall leave her untill the same annuity shall be well secured to be duely paid as aforesaid And alsoe I doe hereby give and bequeath unto my sonn in Lawe Nicholas Bayntun Esq'r and to his wife the sum'e of five pounds a peece to buy them mourning and twenty shillings a peece to soe many of theire children as shall be living at the time of my decease to buy each of them a ring And to my sonn Lacy Osbaldeston Esq'r and his wife and to each of them the sum'e of five pounds to buy them mourning and to every of their children liveing att the time of my death the sum'e of twenty shillings And alsoe unto my said brother in Law Mr Gyles Diston and to the said Abraham Bulley to each of them the sum'e of three pounds over and above their charges in the execution of the said trust And alsoe to Mr John Herne of Woodstock Parke the greate green chaire I long since promised him And to my loveing freind Robert Perrett Esq'r twenty shillings to buy him a ring And lastly I doe hereby make constitute and ordaine the said Katherine my wife sole Executrix of this my last Will and Testament And doe hereby revoake annull and make voyd all former Wills and Testaments made by me In Testimony whereof I have here= =unto put my hand and seale the day and yeare first abovewritten Littleton Osbaldeston Signed sealed declared and published by Sir Littleton Osbaldeston Baron't to be his last Will and Testam't this Twentieth day of December One Thousand Six Hundred Ninety one in the presence of us Rob't Perrott Rich: Major Geor: Ryves Richard Holloway I Sir Littleton Osbaldestom of the Burrough of New Woodstock in the County of Oxon Baron't Doe make this Codicell to be added to my last Will and Testament and doe order that the same be taken as parte thereof (viz't) I give and bequeath to the Mayor and Comonalty of the said Burrough of New Woodstock the sum'e of tenn pounds the use thereof at five per Cent to be distributed yearly on St Thomas day to the poor inhabitants of the same Burrough by the Mayor and Aldermen thereof for the time being in bread or money as they in their discretions shall thinke fitt Item I give and bequeath to the Churchwardens and Overseers of the poor of Chadlington in this County the sum'e of five pounds which shall remaine in the hands of them and their Successors as a stock and the interest thereof to be yearly paid on St Thomas Day to such and soe many of the poor inhabitants of the said Towne as they shall thinke fitt Item I give and bequeath unto Abraham Bulley my present Clerke five pounds over and above the legacy of three pounds given him by my said last Will and Testament for a recompence of the loss he sustained dureing the time I was out of the Commission of the peace In Testimony whereof I have hereunto sett my hand and seale the ffive and Twentieth day of December in the yeare of our Lord God One Thousand Six Hundred Ninety and One Littleton Osbaldeston. Signed sealed and declared a Codicell to be added to the last Will and Testament of the said Sir Littleton Osbaldeston in the presence of us Joanna Maria Bayntun Marg: Lynes Geo: Ryves Probatum apud London fuit hu'mo'i Testam'tu' ___cu' Codicillo annexo Coram Ven'b'li et Egregio viro Richardo Raines Milite Legum etiam D'c'ore Curiae Prerogat' Cantuar' Mag'ro Custode sive Com'rio l'time constitut' Duodecimo die mensis Januarij Anno D'ni (stylo Angliae) Mill'imo Sexcen'mo Nonage'mo Primo Juramento D'na Catherine Osbaldeston Relictae d'c'i def'ti et Executricis in eod'm Testam'to nominat' Cui com'issa fuit Adm'co omn' et singulor' bonor' jur' et cred' d'c'i def'ti De bene et fidel'r Admi'strando ead'm Ad S'ta Dei Evangelia Vigore Com'nis Jurat [The following four "Commissions" are inserted below and around the original Probate note] [In the margin – very faded] Vicesimo tertio die mensis Decembris Anno D'ni 1700 Em't Com'o D'nae Eliz: Osbaldeston ind'? Matri et Curatrici l'time assignato D'no Richardo Osbaldeston Bar'to minori nepoti ex? filio D'ni Littleton Osbaldeston Bar't def't __ ___ Ad Adm'and' bona jura et credita d'c'i def'ti _____ ____ ____ execut'? Test'o per D'nam Catharinam Osbaldeston Relictam et executricem __________ ____ ____ inadministrat' de bene et vigore Com'is' jurat Vicesimo die mensis ffeb'rij Anno d'ni (1704/5?) em't com'o Martha Bayntun p'o'ae S'tae Margarettae Westm'r in Com Midd'x Solutae Ad Administrand bona jura et cred' D'ni Littleton Osbaldeston Bar't _____ D'nam Catherinam Osbaldeston eius Rel'c'am juodo? etiam demortuam inadministrata quoad? bequatis? concernant Judicium quoddam in Curia Duorum? de Willimi tertij? et? Mariae nup' Regis et Reginae coram ipsis? D'nis Regis et Reginae contra quond' Henricum Bayntun Arm' ___ duarum? Mille librarum nomine d'c'i D'ni Littleton Osbaldeston quo fiduciari' Joannae Mariae Bayntun ux' Nich'i Bayntun filiae suae obten' et omnes pecuniae ____ ex inde debitas vel recuperandas sed non ultra nec aliter de bene &c ___ Duodecimo die mensis Maij Anno D'ni 1705 em't com'o Willimo Blagrave de Civitate Oxon Gen' Ad Administrand bona jur' et cred' D'ni Littleton Osbaldeston def'ti ___ &c p' D'nam Catherinam Osbaldeston Exec'rem def'tam inadministrata exceptis Juditio quodam in Curia Regia ad Praetita? Anno Regis et Reginae Willimi et Mariae tertio per ___ Mille Libris nomine d'c'i def'ti contra Henricum Bayntun Ar' ____ _____ __ inde debitis sed non ultra nec aliter in usum et beneficium D'ni William Osbaldeston Bar't Caroli Catherinae et Dianae Osbaldeston Nepotum et Neptua ex filio d'c'i def'ti et don__ eacum aliqui 21'm per ___ ___ attig_ de bene ac Vigore Com'ius jurat Nono die mensis Junij Anno D'ni 1709 em't com'o D'ni Willimo Osbaldeston Bar'to Nepoti ex filio D'ni Littleton Osbaldeston Bar't def't Ad Administrand' bona jura et cred' dicti def'ti cum T'n'o et Cod' annex' per d'c'am D'nam Catherinam Osbaldeston de___ tuam? ______ _____ ____ ____ ____ _____ sed non ultra nec aliter) de bene &c jurat | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||