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Will of Sir Francis WENMAN of Carswell Will 31 Mar 1640   Probate 16 Feb 1640/41
Source: TNA no. PROB11/185 Contributed by: John Moore Go to Translation Go to Transcript
Summary.
... Sir Francis Wenman of Carswell ... knight ... Name Relationship [Comments] or Major Bequests Sir Francis WENMAN   Carswell Lady Ann WENMAN Wife (Exec) Samuel WENMAN Eldest Son [under 21] Francis WENMAN Younger Son [under 21] Ann WENMAN Daughter [under 21] Sir Henry RAYNFORD Mention Sarah WARWICKE Legatee Servant Elizabeth WARWICKE Legatee Servant Leonard FOORD Legatee Servant William OLEY Legatee Servant Witness Countess of CARLISLE Mention Earl of HOLLAND Mention Viscount FAULKELAND Overseer Sir John DANVERS? Overseer Chelsea William COMPTON Tenant Witney John WATKENS Tenant Witney B KINGSMILLE Witness Edward HIDE Witness Charles FARR Witness Probate 16 Feb 1640/41 London (PCC) ... Lady Anne Wenman relict and Executrix ...
Transcriber's and Editor's Notes
A "fine" was a fictitious law-suit used as a means of conveying property or barring an entail.
Translated and paragraphed. with some of the standard preamble and "legalese" removed. Go to Glossary
... Sir Francis Wenman of Carswell ... knight ... My body is to be buried at the church of the parish where I die, without any pomp. I give all my books and papers in my study and house at Carswell or elsewhere to my eldest son Samuel Wenman. I give my messuage with its four yard lands in Lew (now in the occupation of Simon Yate) and all my other lands, tenements etc in Lew, Cogges and Witney, to my most dear wife the Lady Ann Wenman. Early in 1638/39 I levied a fine (see Note) on all the [above properties]. An Indenture (dated 11 Feb 1639/40) between myself and Sir Henry Raynford, Knight, lends the use of [the properties] to my wife until my son Samuel Wenman reaches age 21½ so that she may out of the profits raise such money as she thinks fit for the wardship of my son, my daughter's portion and the maintenance of my younger children. After my son Samuel reaches age 21 I give £60 pa to my younger son Francis Wenman for life, to be paid out of the [above properties]. I give £1500 to my daughter Ann Wenman for her portion, to be raised out of the [above properties] and paid within six months after Samuel reaches 21. If Samuel does not pay the £1500 within six months (or give security for the payment to the satisfaction of my overseers), I give [the properties], still charged with the £60 pa annuity to Francis, to my wife for a further 21 years after Samuel's 21st to raise the £1500 portion for my daughter. But if Samuel pays or secures the £1500 (as I doubt not he will do) I give [all the property] to him and his heirs forever. I desire my wife to assist him towards the payment with such money as she can find out of [the properties] during his minority. If Ann dies before inheriting, £500 of her portion is to be paid to my son Francis and the other £1000 to my son Samuel. If she marries without the consent of her mother -- or after my wife's decease without the consent of my overseers -- she is to have only £500 for her portion, the other £100 being equally divided between Samuel and Francis. I give £3 each (above their wages) to my two servants Sarah and Elizabeth Warwicke who waited diligently upon me in my sickness, to be paid within one year after my decease. I give the house and backside in Witney (now in the tenure of William Compton) to my servant Leonard Foord for life after the expiration of the present lease, and after his decease to his now wife June for life, they paying £4 pa. I give my house etc in Witney (now in the occupation of John Watkens) to my servant William Oley for life, he paying 40s pa. I very humbly desire my most noble friends the Countess of Carlisle and the Earl of Holland to give their assistance and protection to my son Samuel and continue their noble favours to him as they have allways bestowed upon his father, not doubting but that he will grow up in a just application and humble acknowledgement of their honourable affections. I make my most dear and virtuous wife the Lady Ann Wenman sole Executrix, to whom I desire the Right Honourable the ___ and Council of the Court of Wards to grant the wardship and tuition of my son Samuel and whom I know will be what she has always been, a most just, careful and provident mother of my children. I desire my very good friends the Lord Viscount Faulkeland and Sir John Danvers? of Chelsea, Knight, to be my overseers. If my wife dies before Samuel reaches 21 and before the £1500 has been raised for my daughter Ann, I give [the above property] to my overseers in the same manner and for the same purposes as I have above given them to my wife. If Samuel dies before 21 I give [the property] to my wife and overseers in manner as above until my son Francis reaches 21 and then until the £1500 has been raised as above. Witnesses B Kingsmille; Edward Hide; Cha: Farr; William Oly Probate 16 Feb 1640/41 London (PCC) ... Lady Anne Wenman relict and Executrix ...
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: S'r Francis Wenman of Carswell in the County of Oxon knight beinge of good and disposeinge memory doe make and ordeyne this my last will and testament in writeinge in manner and Forme Followinge First I bequeath my soule into the hands of Allmighty God throweinge my selfe at his feete And hopeinge to bee saved by his mercy and the merritts of his sonne Jesus Christ my lord and my Saviour And my bodie to the earth from whence it came to bee buried at the next parish Church where I shall Die without any pompe at the discrec[i]on of my executrix hereafter named Item I give and bequeath unto my eldest sonne Samuell Wenman All my bookes and papers in my studdy and house at Carswell or elsewhere Item I give and devise unto my most deare wife the Lady Ann Wenman all that my messuage or Tennement with the ffoure yard lands thereunto belonging in Lew in the County of Oxon now in the tenure and occupac[i]on of Simon Yate or his assignes and all other my lands tennements and hereditaments with theire appurtenances scituate lyeinge and beinge in Liewe Coggs and Witney or either of them in the County of Oxon Of all which I leavied a Fyne in the tearme of S't Hillary in the Fourteenth yeare of this Kinge and which are generally menc[i]oned in an Indenture thatt lendes the use of the said Fyne bearinge Date the Eleventh day of February last past betweene mee the said S'r Francis Wenman of the one parte and S'r Henry Raynford Knight of the other parte to have and to hould the said lands Tennements and hereditaments with theire appurtenances to my said Deare Wife untill my sonne Samuell Wenman shall Accomplish the age of one and twenty years and a halfe to the end that shee my sayd Deare Wife may out of the proffitts of my sayd land raise such som[m]es of money as shall be required for the Wardship of my sayd sonne and towards my daughters porc[i]on and maintenance of my younger Children in such manner as in her discrec[i]on shee shall thinke fitt And after my said sonne Samuell Wenman shall attayne to the age of one and Twentie years then I give and devise unto my younger sonne Francis Wenman the yearly som[m]e or rent Charge of threescore poundes per annu[m] duringe his life to yssue out of all my said lands and Tennements devised to my sayd deare wife duringe the mynoritie of my sonne Samuell Wenman Item I give unto my daughter Ann Wenman the som[m]e of one thousand Five hundred pounds for her porc[i]on to bee raised out of the said lands soe devised as aforesayd to my deare wife and to bee payd unto her within sixe months After my said sonne Samuell shall Accomplish his full age And If my sayd sonne Samuell Wenman shall not within Sixe months after his full age pay or secure to bee payd in such manner as my overseers hereafter named shall approve of the said somme of one thousand Five hundred poundes, Then I devise all my sayd lands soe devised as aforesayd and charged with the said Annuitie of sixty pounds per Annum to my sonne Francis to my said deare wife from the tyme of the full age of my said sonne Samuell to the end and expiration of one and twenty years for the raisinge of the said portion of one thousand Five hundred pounds to my daughter But If my sayd sonne Samuell Wenman shall within sixe months after his full age pay or secure in such manner as aforesayd the sayd som[m]e of one thousand Five hundred pounds to his sister as I doubt not hee will doe Then my intent is And I heerby devise the said land from the tyme that my said sonne shall accomplish his age of one and twenty years to my said sonne Samuell and his heirs forever And I desier my deare wife that shee will assist my said sonne Samuell towards the payment of the sayd porc[i]on of one thousand Five hundred pounds to my sayd daughter with such moneys as shee shall bee able to find out of the sayd land soe devised to her as aforesayd duringe the mynority of my said sonne it beinge my full intent and purpose that the sayd porc[i]on of one thousand Five hundred pounds beinge paid to my said daughter and the said Annuity of sixty pounds p[er] annum beinge deducted and allowed to my sonne Francis That then my whole Estate in land shall discend and come to my sonne Samuell and his heirs And If my said daughter shall depart this life before the tyme allotted for the payment of the sayd Fifteene hundred pounds Then my Will is that Five hundred thereof bee payd to my sonne Francis and the other one thousand I give to my said sonne Samuell Provided Alsoe that If my said daughter Ann Wenman shall marry without the Consent of her mother my deare wife or after her decease without the Consent of my overseers heereafter named, Then my will is that shee shall have but five hundred pounds to her porc[i]on and the other one thousand pounds shall bee equally devided betweene my twoe sonnes Samuell and Francis Wenman, Item I give unto my twoe servants Sarah and Elizabeth warwicke who dilligently waited uppon mee in my sicknes three pounds a peece above theire wages to bee payd within one yeare after my decease Item I give unto my servant Leonard Foord the house and backeside in Wytney now in the tennure of William Compton to have and to hould from the expirac[i]on of the present lease to the said Leonard Foord for and duringe his life And after his decease to June his nowe wife duringe her life, yeildinge and payeinge Fower pounds yearly, Item I give to my servant William Oley duringe the tearme of his life that my house in Wytney with th[e] appurten[an]ces nowe in the occupac[i]on of John Watkens or his assignes hee the sayd William Oly payeinge yearly duringe his said time the som[m]e of Fourtie shillings And I very humbly desire my most noble freinds the Contisse of Carlile and the Earle of Holland to voutsafe their assistance and protec[t]ion to my said sonne Samuell Wenman, And to continue theire noble favours to him they have allways bestowed uppon his Father not doubtinge but that my said sonne will growe upp in a Just applicac[i]on and humble Acknowledgem[en]t of their ho[nora]ble affections, Lastly I make and ordayne my most deare and vertuous wife the Lady Ann Wenman the sole Executrix of this my last will and Testament to whome I desire the Right ho[nora]ble the ___ and Councell of the Court of Wards to Grant the Wardship and tuition of my said sonne Samuell Wenman And whoe I knowe will bee what shee hath allwayes beene a most Just Carefull and provident mother of my Children And I desier my very good freinds the Lord Visecount Faulkeland And S'r John Danvers[?] of Chelsey Knight to bee overseers of this my last will and testament And If my said deare wife shall happen to depart this life before my sonne shall attayne his full age, And before the sayd porc[i]on of one thousand Five hundred pounds bee raised for my sayd daughter Ann I will & devise my said lands to my overseers in the same manner And to the same Uses and purposes I have before devised them to my sayd wife Or If my said sonne Samuell shall dye before hee attaines the full age of one and twenty yeares Then I give and devise my sayd lands to my said wife & overseers in manner as afores[ai]d untill my sonne Francis shall accomplish his full age & after untill the s[ai]d porc[i]on of Fifteene hundred pounds bee raised in such manner as before in my will I have Directed In Witnes where of I have to each sheete of this my will sett my hand & to the last my hand and seale this one and thirtieth of March in the sixeteenth yeare of the Kings raigne Annoq[u]e D[om]in[i] one thousand sixe hundred and Fourty Francis Wenman Published and declared to bee the last will and testament of mee S'r Francis Wenman in the p[re]sence of B Kingsmille Edward Hide Cha[rles]: Farr: William Oly. Probatum fuit testamentum suprascriptum Apud London Coram venerabili viro Thome Gwyn legum doctore Surrogato l[egi]timo venerabilis viri domini Henrici Marten militis Legum etiam d[o]c[t]oris Curiae Prerogativae Cantuar[iensis] mag[ist]ri Custodis sive Com[m]issario l[egi]time constituti Decimo sexto die mensis Februarij Anno d[omi]ni iuxta Cursum et computac[i]o[n]em eccl[es]iae Anglicanae Mill[es]imo sexcentesimo Quadragesimo Juramento D[omi]nae Anne wenman Relicte dicti defuncti et executricis in h[uius]mo[d]i testam[en]to nominat[e] Cui Com[m]issa fuit administrac[i]o omni[um] et singulor[um] bonoru[m] Juriu[m] et Creditoru[m] d[i]c[t]i defuncti de bene et fidel[ite]r administrand[o] ead[em] ad s[an]c[t]a dei Evangelia Jurat[e]. ex[amine]d