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Will of Thomas WENMAN of BKM Twyford (see Note)

Will signed 3 Dec 1658   Witnessed 5 Jan 1664/65   Codicil 6 Jan 1664/65   Probate 6 Feb 1664/65

Source: TNA no. PROB11/316
Contributed by: John Moore Go to Translation Go to Transcript
Summary.
... I Sir Thomas Wenman, Knight, Lord Viscount Wenman of Tuam in Ireland ...

NameRelationship[Comments] or Major Bequests
Thomas WENMAN BKM Twyford (see Note)
Phillip WENMANBrother
Lady Penelope BYNHAMSister
Mrs Jane MARTYNSister
Richard WENMANSonDeceased [childless]
Mary WENMANDaughter
Francis WENMANSon-in-law Trustee (Exec)[hus Mary]
Elizabeth WENMANGranddaughter[d Mary & Francis - under 18]
Ferdinando WENMANGrandson[s Mary & Francis - under 21]
Richard WENMANGrandson[s Mary & Francis - under 21]
- SAMUELLDaughter
- CAVEDaughter
Grevill VENNEYGrandson
- MORGANCousin[with unnamed wife]
Vincent BARRY SrTrustee (Exec)Thame
John BROOKELegatee Servant
Simon EATONLegatee Servant
Thomas LOVEDAYLegatee Servant
Master CANNENLegatee Chaplain
Richard HARPER JrLegatee Servant
John TREDWAYLegatee Servant
Thomas HUGHESLegatee Servant
Mrs WAKEFEILDLegatee Servant[servant to son-in-law Francis]
Thomas MAYLegatee Huntsman
Peter RUTLANDLegatee Servant
UnnamedServants
John BEVINTenant
Widow COTTESFORDEx-tenant
Richard LYDALLWitness to will
Thomas KINGEWitness to will & codicil
Thomas SMITHWitness to codicil

Probate 6 Feb 1664/65 London (PCC) with codicil ... Sir Francis Wenman, Knight, one of the Executors ... Vincent Barry Sr, gentleman, the other Executor, having renounced ...
Transcriber's and Editor's Notes
He was "Viscount Wenman of Tuam in Ireland" but apparently lived at BKM Twyford, just across the border from Bicester.
Not technically an Oxon will, but there are many references to Oxon.
His daughter married another WENMAN.
The following details are believed to be true but should not be totally relied upon:
Testator: Son of Richard (1640 qv).
  Translated and paragraphed.
with some of the standard preamble and "legalese" removed.
Go to Glossary
... I Sir Thomas Wenman, Knight, Lord Viscount Wenman of Tuam in Ireland ...
  • My body is to be interred at Twyford without any manner of pomp.
  • I give all my manors, lands and hereditaments in Oxon and BKM to my son-in-law Francis Wenman Esq and Vincent Barry Sr Esq of Thame for a 21-year term immediately after my death Upon Trust out of the rents etc to pay my debts and the following legacies:
    • £1000 pa to my brother Phillip Wenman during the 21-year term (if he lives so long) and afterwards by whomever inherits my lands etc as below, to be paid half-yearly at Lady Day and Michaelmas beginning on the first such day after my decease, with power to distrain if unpaid.
      I also give him a further £1000, to be paid within a year after my death, to enable him to pay his debts.
    • £3000 each to my daughters Samuell and Cave, to be paid at £200 pa each until all is paid.
      But if my debts are all satisfied in the meantime, the balance of their legacies is to be paid as soon as is convenient.
    • £1000 to my grandchild Elizabeth Wenman, daughter of my daughter Mary Wenman by her husband Francis Wenman Esq, to be paid at age 18 or earlier marriage.
    • £200 to my grandson Grevill Venney Esq, to be paid soon after my death.
    • £100 each to my two sisters Lady Penelope Bynham and Mistress Jane Martyn to buy mourning, to be paid soon after my death.
    • £120 to my servant John Brooke in lieu of the £100 I had of him. [ie borrowed?]
      In further recompense for his service I give him the house and land etc in Twyford (late in the tenure of John Bevin) for a 21-year term from the time of my death at the rent of 20s pa.
    • £5 pa for life to my servant Simon Eaton, to be paid half-yearly payments at Lady Day and Michaelmas by my Executors during their 21-year interest in my estate (if he lives so long) and afterwards by whomever inherits my lands etc as below.
    • The remainder of the rents etc during the 21-year term (except up to £200 pa which my son-in-law Francis Wenman may think fit to allow towards the yearly maintenance of his sons and daughter Elizabeth) is to be paid to whomever inherits my lands etc as below.
    • If the 21-year term and other provision is insufficient to pay my debts and legacies, my Executors may sell all or part of the Manor of Cobcott and other recently bought lands in Cobcott, Aston Rowant and Lewknor towards those payments.
  • At the end of the 21-year term I give all my manors etc in Oxon and BKM to my grandchild Ferdinando Wenman, son of my daughter Mary Wenman by her husband Francis Wenman, and the heirs male of his body.
    In default of such issue, to my grandchild Richard Wenman, brother of Ferdinando, and the heirs male of his body.
    In default of such issue, to my own right heirs forever.
  • If I have no issue male of my own body, I give my land in Wales (bought from my cousin Morgan and his wife) to my grandchild Richard Wenman and the heirs of his body.
    For want of such issue male, to my grandchild Ferdinando Wenman and his heirs forever.
  • On the marriage of my now deceased son Richard Wenman Esq part of my lands in BKM was given to Trustees for a term of years Upon Trust for provision for his daughters and younger children.
    That term is not extinguished even though Richard died without issue, and the benefit of the term is to go along with and wait upon the estate of the premises as it is hereby devised, and no other use is to be made thereof (whatever that means).
  • My son Francis Wenman is to have the use of all my household goods both at Thame Park and Twyford until one of his sons reaches age 21, when that son is to have [it].
    But any plate, money, cattell and other personal estate except the above household goods are to be used towards the payment of my debts.
  • My leases of the Parsonage of Twyford and lands in Sydenham are to go with my manors and lands in Twyford, Charndon, Poundon and Sydenham as described above, the leases being renewed when necessary by my Executors out of their profits until my grandson Ferdinando or his brother comes of age.
  • If any person to whom I have given an annuity or legacy, or any husband of a female legatee (with their consent), tries to frustrate or make void my will or any part of it or to disturb or hinder my Trustees or Executors in its execution, their annuities or legacies are [cancelled].
  • I appoint Francis Wenman and Vincent Barry Sr as Executors.

  • Signed 3 Dec 1658
  • Memorandum 5 Jan 1664: Declared to be the will of Lord Viscount Wenman and that the signature is his own handwriting.
  • Witnesses Ric Lydall; Tho Kinge
===========================
Codicil 6 Jan 1664/65
  • I give to my servant Thomas Loveday the house where he lives and its closes etc (formerly in the tenure of the widow Cottesford and now in his own possession) for a 21-year term from the time of my death at a rent of 20s pa on condition that he shall keeps the housing in good repair.
  • The following legacies are to be paid six months after my decease:
    • £10 to my chaplain Master Cannen.
    • £10 to my servant Richard Harper Jr.
    • £5 to John Tredway, the boy that is under the cook.
    • £5 to my fatboy[?] Thomas Hughes.
    • £10 to my son-in-law Wenman's servant Mrs Wakefeild.
    • To all the rest of my servants to whom I have given no legacy, two years' wages more than is due at my death.
  • I give my hounds to my huntsman Thomas May.
  • My family is to be kept together at my expense for six months after my decease so that such of my servants as are not already settled may find themselves some settlement in that time.
  • My Executors are to provide mourning at my expense for such of my kindred and servants as they think fit.
  • For their pains in the execution of my will I give my Executors £50 apiece plus their expenses, which are to be allowed them upon their account
  • I give £20 to the poor of BKM Twyford, £10 to the poor of Sydenham, £5 to the poor of Moreton (Thame) and £10 to the poor of Thame.
  • During their 21-year term my Executors -- and afterwards whomever inherits my lands etc as above -- are to take care of and provide for my servant Peter Rutland out of the rents etc.

  • Witnesses Tho Kinge; Thomas Smith
Probate 6 Feb 1664/65 London (PCC) with codicil ... Sir Francis Wenman, Knight, one of the Executors ... Vincent Barry Sr, gentleman, the other Executor, having renounced ...
  As transcribed from a copy of the original document.
Original line- and page-breaks are preserved as far as possible.
T'm D'ni Thomae Wenman Militis Vi__em Wenman de Tuam

In the name of God Amen
I S'r Thomas Wenman Knight Lorde Viscount Wenman of Tuam in Ireland beinge
mindfull of my mortalitie Doe make my last Will and Testament as ffolloweth First and
above all I commend my Soule into the hands of Almightie God hopeinge to bee saved
onelie through the merritts of Jesus Christ my Lorde and Saviour And my bodie
to the Earth to bee interred at Twyforde without any manner of Pompe For my
Worldly estate wherewith it hath pleased God to blesse mee I doe hereby devise unto
my sonne in lawe ffrances Wenman Esquire and Vincent Barry the elder of Thame in
the Countie of Oxford Esquire and [illegible marginal insertion] for the terme of One and twentie yeares to be
accounted from and imediatly after my death and from thenceforth next ensuing All my
Mannors lands and hereditaments whatsoever in the Counties of Oxford and Buckingham or else where in England upon
___nesse Trust and Confidence That by and out of the rents issues and profitts of the premisses
they shall pay all the debts which I shall owe at the tyme of my death and shall also pay and
satisfye these sumes and Legacies following at such tymes as they are herein appointed to
be payd (That is to say) To my Brother Phillip Wenman yearly during the said termes if
he so long live The summe of One Thousand pounds a yeare to be payd him by halfe
yearly payments at the feast of the Annunc[i]ac[i]on of the blessed Virgin S't Mary and S't Michaell
the ye Archangell by even portions, The first payment to be made at such of the said feasts as
shall first happen after my decease And I doe alsoe further give him the summe of One Thousand
pounds to bee payd him within a yeare after my death to enable him to pay his debts Item I give to
my daughter Samuell Three thousand pounds And to my daughter Cave Three thousand
pounds And to my Grandchilde Elizabeth Wenman daughter of my daughter Mary Wenman
by her husband ffrancis Wenman Esquire One thousand pounds To my Grandsonne Grevill Venney
Esquire Two hundred pounds to be payd him presently after my death The same severall sum[m]es
of money to my daughters Samuell and Cave to be payd them by two hundred pounds a peece
yearly till the same be raysed. But if my debts shall in the meane tyme be satisfyed, then so
much of their said Legacies as shall be then behinde to be payd them as soone as conveniently
may be And the said Legacie to my said Grandchild Elizabeth Wenman to be payd her at her age of
Eighteene yeares or the day of her marriage whethersoever shall first happen Item I give to my
two sisters the Lady Penelope Bynham and M[ist]ris Jane Martyn a hundred pounds a peece to buy
them mourning to be payd them shortly after my death Item I give unto my servant John
Brooke One hundred and twenty pounds in liew of the hundred pounds I had of him
and for a further recompence for his service I give him the house and land with the appurtenances
in Twyford late in the tenure of John Bevin To hold to him the said John Brooke his executors
and assignes for the terme of One and twenty yeares to be accounted from the tyme of my death
under ye yearly rent of Twenty shillings Item I give to my servant Simon Eaton fyve pounds a
yeare during his life to be payd him by halfe yearly payments at our Lady day and Michaelmas by
my Executors during their interest in my Estate if he live so long, and afterwards by those that shall
have the Inheritance of my lands and hereditaments Item my land in Wales which I purchased
of my cozen Morgan and his wife I give unto my Grandchild Richard Wenman, and to the heires
of his body In case I have noe issue Male of my owne body, and for want of such issue
Male of my ___ owne body and the body of the said Richard To my Grandchild fferdinando
Wenman and his heires forever And I doe further devise that the Inheritance of all my said
Mannors lands and hereditaments shall be charged and chargeable with the yearly Rent Charge
of of [sic] One thousand pounds by the yeare to my Brother Phillip Wenman in case he outlive ye said
one and twenty yeares for the terme of his life to be payd yearly at the said feasts of ye Annunc[i]ac[i]on
of the blessed Virgin St Mary and St Michaell the Archangell by even portions and the first paym[en]t
to be made at such of the said ffeasts as shall first happen after ye said terme of one and twenty yeares
shall be expired (during which time I have made provision for him as aforesaid) with power for
my said Brother to distreyne for the same Item I devise all my said Mannors and hereditam[en]ts
so charged as aforesaid from and imediatly after the expirac[i]on of the said terme of one and

Twenty yeares hereby before devised unto fferdinando Wenman my Grandchild by my said daughter
Mary Wenman by her said husband ffrancis Wenman and to the heires males of the body of the
said fferdinando Wenman And for default of such issue to Richard Wenman my Grandchilde
Brother of the said fferdinando Wenman Wenman [sic] and to the heires males of the body of the
said Richard Wenman And for default of such issue to my owne right heires forever And
my will is That the surplusage and Remainder of the rents issues and profitts of my said Mannors
and lands during the said terme of one and twenty yeares (excepting so much thereof as my
said sonne in law ffrancis Wenman shall thinke fitting to allow for and towards the yearly
mainteynance of his said sonnes and daughter Elizabeth so it exceed not Two hundred
pounds a yeare, which I will shall be allowed and deducted accordingly) shall attend and wait
upon and accompany the Inheritance thereof as I have herein before lymitted the same and shall
be payd to such persons respectively who shall have the Inheritance thereof And Whereas upon
the marriage of my now deceased sonne Richard Wenman Esquire a terme for yeares
of part of my lands in Buckinghamshire was lymitted to Trustees upon Trust for purvision for
daughters and younger Children of my said sonne Richard which terme is not extinguished
though my said sonne dyed without issue My will is That the benefitt Trust and equity of the
said terme shall goe along with and wayt upon the Estate of the premisses as it is hereby
devised and that noe other use shall be made thereof And my will is that my said sonne
ffrancis Wenman shall have the use of all my houshold goods as well at Thame Parke
as at Twyford till one of his said sonnes shall attaine the age of One and Twenty yeares
And then that his said sonne shall have the same But such plate money cattell and other
personall Estate (Except my houshold goods as aforesaid) which I shall leave at my death my
will is shall be imployed towards the payment of my debts as far as the same will extend Alsoe I
will that my Lease of the Parsonage of Twyford and my Lease of lands in Sydnam and all my Estate
therein which I now have or shall have at the tyme of my death shall goe along with my Mannors
and Lands of and in Twyford Charndon and Poundon and Sydnam as it is herein before
devised and shall be by my Executors from time to time till my Grandson fferdinando Wenman
or his Brother come to age be renewed by my Executors or the survivors or survivor of them out
of the profitts thereof as there shalbe occasion And my will further is that in case the said
terme of One and twenty yeares herein by me before devised and such other prevision as I have
herein before made shall not be sufficient to pay my debts and Legacies herein before
bequeathed That then and in such case and not otherwise my Executors or the survivors
or survivor of them or the Executors of the survivor of them shall and may sell the Mannor
of Cobcott and other my lands in Cobcott Aston Rowant and Lewknor in the said Countie of
Oxford, which I lately purchased or any part or parcell thereof for and towards the payment
of my said debts and Legacies And further That if any of the persons to whome I have hereby
devised any Annuities legacyes or summes of money, or any of the husbands of such of them
as are females by and with their consent or approbac[i]on shall wittingly or willingly goe
about to impeach frustrate or make voyd this my will or any parte thereof or to disturbe or
hinder my said Trustees or Executors in or concerning the execuc[i]on or p[er]formance thereof
That then in such case the Legacies Annuities and summes of money so by me devised or
bequeathed to such p[er]son or p[er]sons or to such [deletion] woman or women whose husband or husbands shall
goe about to frustrate or make voyd this my will shall cease and not be payd at all Any thing
herein before conteyned to the contrary notwithstanding, And I doe hereby Constitute and appointe ye
said ffrancis Wenman Vincent Barry the elder and to be Executors of this my last will
and Testament In witnesse whereof I have to this my last Will and Testament set my
hand and seale the Third day of December In the yeare of our Lord God One thousand six
hundred fifty eight Tho Wenman M[emoran]d[um] That this was published and declared to be the
last Will and Testament of the said Lord Viscount Wenman and that his name thereunto
set is his owne hand writing the fifth day of January One thousand six hundred sixty fower
in the presence of Ric Lydall Tho Kinge
=======================================
I would have this that followeth added as a Coddicell to my will

I give to my Servant Thomas Loveday the house wherein he lives and the Closes
therewith used late in the tenure of the widdowe Cottesford and now in his possession with
the appurtenances To hold the same to him his executors and assignes for one and twentie
yeares from the time of my death for and under the yearly rent of Twenty shillings upon
Condition he shall keepe the housing thereunto belonging in good repayre Item I give to M'r
Cannen my Chapline Ten pounds And to my servant Richard Harper the younger Ten
pounds And to John Tredway the boy that is under the Cooke five pounds And to Thomas
Hughes my fatboy[?] five pounds And to M'rs Wakefeild my sonne Wenmans servant ten
pounds And to all the rest of my servants to whom I have given no Legacye before Two
yeares wages more then will be due to them at the tyme of my death All which summes
of money herein menc[i]oned My will is shall be payd at six Moneths after my decease Item
I give my hounds to my huntsman Thomas May And my will is that my family shalbe
kept together at my charge for six monthes after my decease To the end that such of
my servants as are not already settled may procure themselves some settlement in
that tyme Item my will is that my Executors shall provide mourning at my charge for
such of my Kindred and servants as they shall thinke fitt and for their paynes to be
bestowed in the execution of my will I give them ffiftie pounds a peece over and above all
charges which they shall be at in performance of the same, which my will is shall be
allowed them upon their account Item I give to the poore of the parish of Twyford in
the County of Bucks Twenty pounds And to the poore of Sydnam in the County of Oxon
Ten pounds And to the poore of Moreton in the parish of Thame in the said Countie of
Oxon five pounds And to the poore of Thame aforesaid Ten pounds, all the said severall
summes of money to be distributed to the severall poore aforesaid Item my will is That my
Executors during their Estate in my Mannors lands and hereditaments in the said Counties of
Oxon and Bucks, And after their estate ended those that shall have the Inheritance of my said
lands and hereditaments shall take care of and provide for my servant Peter Rutland out
of the rents issues and profitts of my said Mannors lands and hereditaments Tho:
Wenman: Signed and sealed and declared to be part of his will the sixth day
of January One thousand six hundred sixty fower in the presence of Tho Kinge
Thomas Smith

Probatum fuit huiusmodi Testamentum et Codicillum eidem annex' Apud Lond[on]
coram ven[erabi]li viro d[omi]no Gulielmo Mee… milite legum D[o]ct[o]re Curiĉ Prerogativĉ __ Cant[uariensis] Mag[ist]ro Custode
sive Com[m]issario l[egi]time constituto Sexto die Mensis ffebruarij Anno d[omi]ni iuxta cursum et computacion[em]
Ecclesiĉ Anglicanĉ Millesimo sexcentesimo sexagesimo quarto Juramento D[omi]ni ffrancisci Wenman
militis unius Executor[is] in d[i]c[t]o Testamento nominat[i] Cui Administrac[i]o omni[um] et singulor[um] bonor[um] iuriu[m]
et creditor[um] dicti defuncti Com[m]issa fuit de bene et fideliter administrando eadem ad sancta dei
Evangelia in debita Juris forma Jurat[o] Vincentio Barry sen[iore] Ar[migero?] altero Executore in p[r]ed[i]c[t]o
Testamento etiam nominat[o] prius renuntia' pro ut ex actis huius Curiĉ plenius liquet