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Will of Darnigold VIVERS of Banbury Will 9 Aug 1718   Probate 17 Nov 1719
Source: OHC no. W. Pec.53/5/8 Contributed by: Christopher Farrand Go to Translation Go to Transcript
Summary.
... I Darnigold Vivers of Banbury ... spinster ... Name Relationship [Comments] or Major Bequests Darnigold VIVERS   Banbury Thomas STRANK Kinsman Deceased Mary STRANK Sr Niece [d Thomas deceased] Thomas STRANK Nephew Trustee Susanna STRANK Great-niece [d Thomas] John STONE Nephew Trustee Edward STRANK Nephew (Exec) Ann STRANK Legatee [w Edward] Darnigold STRANK Great-niece [d Edward -- with unnamed siblings] John FRENCH Mention Mary FRENCH Niece [w John] Sarah HARTLITT Niece Ann PALLMER Niece Elizabeth STRANK Niece [d Thomas] Mary STRANK Niece [d Thomas] Richard DENT Mention Elizabeth DENT Legatee [w Richard] Mary DENT Legatee [d Richard] Thomas BERRY Mention Grimsbury Sarrah BERRY Legatee [w Thomas] Richard VIVERS Brother Banbury Andrew LONG Mention [half-nephew] Ann LONG Legatee [d Andrew] Ann ARES Legatee Mary WHITWICK Mention [with 2 unnamed daus legatees] Elisal HALLRED Witness Anna WHEATLY Witness Christopher DOYLY Witness Probate 17 Nov 1719 Oxford ... Banbury Peculiar ... oath of Edward Strank sole Executor ...
Transcriber's and Editor's Notes
Note that though the family were Quaker, nephew Edward (Exec) had been baptised into C-of-E at age 24. Another who irritatingly describes everyone as a "Kins(wo)man". But she also uses "Nephew" and "Niece", and from the text the editor has no way to be certain that Thomas (kinsman) is or is not the same person as Thomas (nephew). End of rant :-) However, the contributor has provided info on family relationships, some of which has here been used for clarification in the Summary (and Index). Nephew John Stone and nieces Ann Pallmer, Sarah Hartlitt and Mary French are (probably) all children of her sister Elizabeth, married to John Stone.
Translated and paragraphed. with some of the standard preamble and "legalese" removed. Go to Glossary
... I Darnigold Vivers of Banbury ... spinster ... I make void all former wills. My nephew Thomas Strank owes me £30 on bond. I give £20 of it to him, and £5 to his daughter Susanna. I also give him a silver tankard (marked S:V: on the handle and now in his own custody), a nest of drawers standing by my bedhead, a pair of my best flaxen sheets, two pillow drawers, half a dozen flaxen napkins, a flaxen tablecloth and two fine holland pillow drawers, I give £15 to my kinswoman Mary Strank Sr, daughter of Thomas Strank deceased. I also give her a silver porringer, a stone ring, a pair of fine pillow drawers, two diaper napkins, my best pair of stays, my best mantua (lined with shagareen silk) and petticoat, my silk quilted petticoat, two suits of my best small linen, two of my best shifts and two of my best night-rails. I give £15 to my well-beloved friends and kinsmen Thomas Strank and John Stone In Trust to invest it until my niece Darnigold, daughter of [my kinsman] Edward Strank, reaches age 21 or earlier marriage, then pay the £15 plus 5% interest to her. If she dies before inheriting, I give the £15 plus 5% interest equally divided between all the children of Edward Strank, to be paid at age 21 or earlier marriage. For want of such issue I give it to Edward Stranke. I also give to my niece Darnigold Strank my chest of drawers, the cabinet box that stands on it and the glass that hangs over it, a silver chain, three diaper napkins, a diaper tablecloth, my black tabby petticoat, my riding hood, two suits of small linen and two shifts. I give my little silver cup to my kinswoman Mary, wife of John French. I give two little silver salts to my kinswoman Sarah Hartlitt. I give my gilt spoon and a little cabinet with bottles in it to my kinswoman Ann Pallmer. I give to my kinsman Edward Strank my bed and bedding with the curtains, two chairs, a large trunk, my best pair of sheets, two pillow drawers, half a dozen napkins, half a dozen odd napkins and a hempen tablecloth. I give my black and white crepe gown to Ann Strank, wife of Edward. I give my silk pincushion to my niece Elizabeth Strank, daughter of Thomas Strank. I give my large silk purse with draw-strings to my niece Mary Strank, another daughter of Thomas Strank. I give to Elizabeth Dent, wife of Richard Dent, my coloured crepe gown that I wore every day, my black petticoat that I used to wear with it, my flannel petticoat and two shifts. I give two suits of my ordinary small linen to Mary Dent, daughter of Richard Dent. I give two suits of small linen to Sarrah Berry, wife of Thomas Berry of Grimsbury. My brother Richard Vivers of Banbury owes me £100. If my Executor thinks fit to demand it, but not otherwise, I give it as follows: £10 each to my nephews Thomas Strank and John Stone and my nieces Mary Strank, Mary French, Sarrah Hartlitt and Ann Pallmer. £2 each to my nieces Mary and Elizabeth Strank (daughters of Thomas Strank), Ann Long (daughter of Andrew Long) and Mary Dent (daughter of Richard Dent), £2 each to Ann Ares, and Elizabeth Dent, wife of Richard Dent. 30s each to Mary Whitwick's two daughters. £25 to my nephew Edward Strank. But if my Executor chooses not to demand the £100, the above legacies are not to be paid, and my Executor is not to be chargeable for them. I appoint my nephews Thomas Strank and John Stone of Banbury as Trustees, desiring them to assist my Executor in the execution of my will and in the ordering of my funeral, for the expense of which I allow £10. I give £5 to my Trustee Thomas Strank (the remainder of the above £30 bond), and £5 to my Trustee John Stone. I give all the residue of my real and personal estate, ready money, plate, rings, bills, bonds, debts and specialities to my nephew Edward Strank whom I appoint sole Executor. Witnesses Elisal Hallred; Anna Wheatly; Chr: Doyly Probate 17 Nov 1719 Oxford ... Banbury Peculiar ... oath of Edward Strank sole Executor ...
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 I Darnigold Vivers of Banbury in the County of Oxon Spinster being of Sound mind and memory Praised be God for the same Doe hereby make and Declare this my last will & testament in manner and form followeing revokeing and by these p'sents makeing void all & every former and other Will & Wills heartofore by mee made so that this only is to be taken for my last Will and none other; And first I Commend my Soule to God and my body I Comitt to the Earth to be Decently buried at the discretion of my Executor hearein after named And as touching my Worldly goods and Temporall Estate I give and dispose thereof as followeth (that is to say) Whereas there is due to me on bond from my Nephew Thomas Strank the principall sum'e of thirty pounds I Doe Give Twenty pounds part thereof unto my said Nephew Thomas Strank and to his Daughter Susanna the sum of five pounds other part thereof, and I doe also Give to my said Nephew Thomas Strank one Silver Tankard marked upon the handle S:V: being now in his own Custody together w'th A Nest of Drawers now standing by my beds head, one pare of my best flaxon Sheets two pillow Drawers half a dosen of flaxon Napkins A flaxon Table Cloath & two fine holland Pillow Drawers, Item I Give & bequeath unto my Kinswoman Mary Strank Sean'r Daughter of Thomas Strank Deceased the sume of fifteen pounds together w'th one Silver Porringer a Stone Ring A pair of fine Pillow Drawers two diaper Napkins my best pair of Stayes my best Mantua & Petticote (the mantua being lined w'th a Shagareen Silk) my Silk quilted Petticote Two shutes of my best small linen Two of my best shifts & Two of my best Night Rales Item I Give & bequeath to my said Well beloved friends & Kinsmen Thomas Strank and John Stone, the sum of fifteen pounds In Trust & to the Intent & purpose that thay & the Surviv'r of them the x'rs or adm'rs of such Surviv'r doe place the same out at Interest untill my Neece Darnigold the Daughter of Edward Strank attaine her Age of Twenty one Years or Day of Marriage which shall first happen and then my Will is the s'd Thomas Strank & John Stone & the Surviv'r of them the X'rs or Adm'rs of such Surviv'r Do pay the same together w'th the growing Interest at five p'r sent unto my s'd Neece Darnigold Daughter of Edward Strank or her Assignes, but in Case my s'd Neece Darnigold happen to dye before shee attaine her full Age of one and Twenty Years or be Married, then I Give & Devise the s'd Sum of fifteen pounds togather w'th the growing Interest at five p'rsent unto all & Every the Child or Children of my s'd Kinsman Edward Strank eqally to be Devided & paid to them at their & each of their respective Ages of one & Twenty Years or dayes of marrige which shall first happen, and for want of such Issue then I Give & Devise the same unto my s'd Kinsman Edward Stranke or his Assignes. Item I Give to my Kinswoman Mary wife of John French my little silver Cupp; Item I Give to my Kinswoman Sarah Hartlitt two little silver salts Item I Give to my Kinswoman Ann Pallmer my Guilt Spoone, and a little Cabinett w'th bottles in it; Item I further Give & bequeath unto my Neece Darnigold Strank Daughter of Edward Strank my Chest of Drawers my Cabbinett Box that stands thereon & my Glass that hangs over it a Silver chain three Diaper Napkins one Diaper Table Cloth my Black Tabey Petticoat my Rideing Hood Two shutes of small Linen & Two shifts Item I give to my Kinsman Edward Strank my bed & bedding w'th the Curtins Two Chaires A Large Trunck my best pair of sheets Two Pillow Drawers half a Dozen of napkins half a Dozen of Odd Napkins & a Hempon Tabble Cloath; Item I Give to Ann Strank wife of Edward Strank my Black & White Crape Gound Item I Give to my Neece Elizabeth Strank Daughter of Thomas Strank my silk Pinquishon Item I Give to my Neece Mary Strank another Daughter of Thomas Strank my large silk Purse w'th Drawing Strings to it; Item I Give to Elizabeth Dent wife of Richard Dent my Cullerd Crape Gound that I wore Every Day and my black Petticoatt that I used to ware w'th it & my flaniell petticoat & two shifts [page signed and sealed by Darnigold Vivers] Item I give to Sarrah Berry wife of Thomas Berry of Grimsbury Two shutes of small Linen, Item I Give to Mary Dent Daughter of Richard Dent two shutes of my ordnary Small Linen; all Which Legasies and bequeaths I Desire & Order to be paid & Delivered by my Executor hearinafter named And Whereas there is Due and oweing to mee by my Brother Richard Vivers of Banbury afores'd the sum'e of one hundred pounds which I Dispose thereof in manner ffollowing, in Case my Executor herein after named shall think ffitt and Convenient to Sue for the Same and not Otherwise, that is to say to my said Nephew Thomas Strank the sum'e of Ten pounds, to my Nephew John Stone the like sum of Ten pounds, to my said Neece Mary Strank the like sum'e of Ten pounds, to my said Neece Mary french the like Sum'e of Ten pounds, to my said Neece Sarrah Hartlitt the like sum'e of Ten pounds to my said Neece Ann Pallmer the like Sum'e of Ten pounds, to my Neece Mary Strank daughter of Thomas Strank Two pounds, to my Neece Elizabeth Strank another Daughter of Thomas Strank Two pounds to Ann Long daughter of Andrew Long the like sum'e of Two pounds to Mary Dent daughter of Richard Dent the like sum'e of Two pounds to Ann Ares the like sum'e of Two pounds to Elizabeth Dent wife of Richard Dent the like sum'e of Two pounds to Mary Whitwicks Two Daughters thirty shillings apeice, and to my nephew Edward Strank the sum'e of Twenty five pounds and my further will and meaning is that if my Executor herein after named shall not think fitt to sue for the said one hundred pounds then the Legacyes herein before given out of the said one hundred pounds shall sinke and are not to be paid and that my Executor hereinafter Named shall not be Chargable with the same, and I doe hereby Constitute no'i'ate and appoint my said Nephews Thomas Strank and John Stone of Banbury aforesaid Trustees of this my last Will & Testament Desireing them to assist and Advise my Executor herein after Named in the Execuc'on thereof and in the Direct ordering of my funerall for the Defraying the Expence thereof I allow the sum'e of Ten pounds and I Doe further Give to my Said Trustee Thomas Strank five pounds being the remaining part of the afore said bond of Thirty pounds and to my other Trustee John Stone five pounds for their Care in Assisting and adviseing my Executor all the rest and Residue of my reall and personall Estate readey money plate rings Bills Bonds Debts Specialitys w'tsoever & wheresoever I Doe hereby Give Devise and bequeath unto my said Nephew Edward Strank whome I make Constitute and appoint sole Executor of this my last Will and Testament In Wittness Whereeof I have to this and to the foregoing Sheet Containeing togather my last Will & Testament sett my hand and Seale this Ninth Day of August in the Year of our Lord one Thousand Seaven hundred and Eighteen                               Darnigold Vivers Signed Sealed Published and Declared to be the Last Will & Testam't of Darnigold Vivers in the p'sence of us who subscribed our hands in the presence of the Testatrix       Elisal Hallred       Anna Wheatly       Chr: Doyly Probat' apud Oxon Decimo septimo die Mensis Novembr' Anno D'ni 1719 Coram .................................................................... ................ Peculiar of Banbury and Cropredy ......................... ................... Juram'to Edwardi Strank Ex'oris unici ................ [............................................................................................] ........................................