Phanuel BACON of Marsh Baldon

Will of Phanuel BACON of Marsh Baldon

Will 25 May 1778 Codicil 20 Jul 1780 Probate 21 May 1783 & 12 Sep 1800

Source:	TNA no. PROB11/1103
Contributed by:	Derrick Holt	Go to Translation	Go to Transcript

Summary.

... I Phanuel Bacon DD Rector of Marsh Baldon ...
Name	Relationship	[Comments] or Major Bequests
Phanuel BACON		Marsh Baldon
Catherine BACON	Wife (Exec)
Thomas BURNELL	Nephew
Rev James BURNELL	Nephew
Elizabeth BURNELL	Niece
Christopher WILLOUGHBY	Legatee Trustee
John LOVEDAY	Legatee Trustee (Exec)	Doctors Commons
Sackville PORTER	Legatee	City of Oxford [see Note]
Mr PARKER	Legatee	[see Note]
Rev John ALLEYNE	Legatee	University College Oxford
Rev David RONAND?	Legatee	HAM Hannington
John FOULKES	Legatee	Oxford Univ
Rev James NEWTON	Legatee	Newnham
Daniel RONAND?	Mention	HEF Whitchurch
- RONAND?	Legatee Godson	[s Daniel]
Charlotte SWIFT	Sister-in-law	[Wife's half-sister]
Elizabeth LANE	Mention	Deceased
James MORRELL	Witness to will & codicil
Thomas INGRAM	Witness to will
Richard TIPPING	Witness to will
Sarah HOWSE	Witness to codicil

Probate 21 May 1783 London (PCC) with a codicil ... Catherine Bacon the relict and one of the Executors ... power reserved to John Loveday the other Executor ...
Probate London (with a codicil) 12 Sep 1800 ... John Loveday the surviving Executor ...

Transcriber's and Editor's Notes

One legatee is named PORTER in the will and PARKER in the codicil. This is presumably an error by the PCC clerk, but it is not known which is true. It may however be relevant that he was a "bookseller" -- one of the oldest bookshops in Oxford is Parker's.
It appears that wife Catherine had not finished the execution when she died, and the will had to be re-proved by the other Executor.
The following details are believed to be true but should not be totally relied upon:
Testator: Husband of Catherine (1798 qv).

Translated and paragraphed.
with some of the standard preamble and "legalese" removed.
Go to Glossary

... I Phanuel Bacon DD Rector of Marsh Baldon ...

I desire to be buried privately in my church at Marsh Baldon in as plain a manner as possible, my grave being covered with a plain stone with iron rails round it, and that one guinea be given to each of my bearers who I desire may be chiefly chosen out of my tenants in Marsh Baldon and Toot Baldon.
My debts and funeral expenses are to be immediately paid.
I confirm in all respects the Articles of Agreement made previous to my marriage with my dear wife Catherine Bacon.
She may enjoy all my estates therein mentioned for life, with power to cut and sell Ł100-worth of timber from my estate at BRK Bradfield and appropriate the money for her own use.
After her decease I give my Bradfield estate to my nephew Mr Thomas Burnell and his heirs etc, subject to the payment of Ł100 to my nephew the Rev Mr James Burnell or his Executors etc within one year after he inherits.
I have recently agreed with Christopher Willoughby Esq to sell him (after my own and my wife's decease) my three leasehold estates at Baldon called Toot Baldon Farm, Durham Leyes and Daglands, held under three leases from Queens College Oxford, for Ł2525.
Now I give those three estates to John Loveday of Doctors Commons, Doctor of Laws, and his heirs etc In Trust as follows:
- To keep the leases renewed.
- To permit my wife to receive the residue of the rents etc for life.
- After her decease to convey the estates to Christopher Willoughby or his heirs etc in consideration of the Ł2525 price.
- The Ł2525 is then to be allocated as follows:
  - Ł20 to my good friend Mr Sackville Porter of the City of Oxford, bookseller.
  - Ł20 to the Rev Mr John Alleyne, Fellow of University College Oxford.
  - Ł20 to the Rev Mr David Ronand? Rector of HAM Hannington.
  - Ł200 to Christopher Willoughby In Trust for the sole use of my dear wife's half-sister Mrs Charlotte Swift notwithstanding her coverture and not liable to the debts etc of any husband.
  - Ł50 to John Foulkes of the University of Oxford, Doctor in Physic.
  - Ł20 to the Rev Mr James Newton, Rector of Newnham.
  - Ł10 to my godson, the son of Mr Daniel Ronand? of HEF Whitchurch.
  - Ł100 to John Loveday for his own use, for the trouble he must have in the execution of this will.
  - John Loveday is to buy Ł100 of 3% Consols in the name of Christopher Willoughby, In Trust as follows:
    - To pay half of the annual interest to the Parish Clerk of Marsh Baldon as an augmentation of his stipend, whereby he is to be obliged to keep the Parish Church of Marsh Baldon swept clean and the pulpit cloth cushion and covering for the communion table brushed and cleaned as often as required.
    - To pay the other half of the annual interest to the Master of the school at Baldon founded by the late Mrs Elizabeth Lane, to purchase Common Prayer Books for those poor children who by Mrs Lane's will are to be taught gratis.
  - Ł100 to the reverend and worthy President and Fellows of Magdalen College Oxford, for the purpose of augmenting the Rectory of Bramber cum Butto___, the living to which I was presented by that beloved Society.
  - Ł100 to the governors of the Society for Propagating the Gospel in Foreign Parts.
  - Ł200 to Christopher Willoughby for the purpose of augmenting the Curacy of Toot Baldon
    I earnestly request Mr Willoughby to endeavour to secure the payment of the ancient stipend to that Curacy, and procure a further augmentation from the Governors of Queen Anne's Bounty.
  - Ł400 to my nephew Mr James Burnell.
  - Ł300 to my niece Mrs Elizabeth Burnell.
  - Ł60 to Christopher Willoughby to be distributed to such of the poor inhabitants of Marsh Baldon as do not receive alms.
  - Ł40 to Christopher Willoughby to be distributed to such of the poor inhabitants of Toot Baldon as do not receive alms.
  - The residue of the Ł2525 is to be paid as I shall direct in a codicil or memorandum.
I give my nephews James and Thomas Burnell and my niece Elizabeth Burnell each Ł100 out of my 3% Consols within one year after my decease.
My dear wife is to receive the dividends until the end of that year
I give the servants who are with me at my decease Ł20 equally distributed.
I give my worthy friend Dr John Foulkes my Solar large Concave Speculum.
I give all the residue of my ready money, stock in the funds, books, household furniture, chariot horses, wine and other liquors, goods, chattels and personal estate to my dear wife Catherine Bacon.
During her life she is keep the leases of all my estates renewed at her own expense within a year after any of the lives happen to drop, or at the usual time of renewing Daglands.
I appoint my wife and John Loveday joint Executor and Executrix ... I revoke all former wills.
Witnesses James Morrell; Thomas Ingram; Richard Tipping

==========================================
Codicil 20 Jul 1780

My wife is to pay Mr Parker and Mr Alleyne their legacies within six months after my decease, rather than as directed by my will.
After my wifes decease I give the residue of the Ł2525 as follows:
- 20 guineas to Christopher Willoughby.
- The remainder equally between those of my nephews Rev James and Thomas Burnell and my niece Elizabeth Burnell who are living at my wife's decease.
  If any of them die in my wife's lifetime leaving child[ren], such child[ren] are to have their parent's share.
  If they all die childless in my wife's lifetime, the Executors etc of the last survivor are to have all the remainder.
Witnesses James Morrell; Sarah Howse

As transcribed from a copy of the original document.
Original line- and page-breaks are preserved as far as possible.

The Reverend Phanuel Bacon Doctor in Divinity

In the Name of God Amen
I Phanuel Bacon D D Rector of Marsh Baldon in
the County of Oxford being of sound and disposing mind
Memory and understanding do make and publish this my last
Will and Testament in manner following that is to say I
desire to be buried privately in my Church at Marsh
Baldon in as plain a manner as possible and that
my Grave may be covered with a plain stone with Iron Rails
round it and that one Guinea be given to each of my Bearers
who I desire may be chiefly chosen out of my Tenants
in Marsh Baldon aforesaid and Toot Baldon I also

desire that my several Debts which shall remain unpaid
at the time of my decease and my ffuneral Expences
be immediately paid and discharged by my Executor
and Executrix hereinafter named and I do hereby ratify
and confirm in all respects the Articles of Agreement
made previous to my Marriage with my dear wife
Catherine Bacon and desire and direct that she my said
wife and her Assigns shall and may enjoy all my Estates
therein mentioned for and during the term of her natural
life and that she shall have Power to cut and sell
one hundred Pounds worth of Timber from off my Estate
at Bradfield in Berks and appropriate the money to
her own use and from and after her decease I give devise
and bequeath all that my said Estate at Bradfield
aforesaid unto my Nephew Mr Thomas Burnell his
Heirs and Assigns subject nevertheless and charged and
chargeable with the Payment of the Sum of one
hundred Pounds to my Nephew the Reverend Mr James
Burnell his Executors Administrators and Assigns within
one year next after the said Thomas Burnell his
Heirs and Assigns shall come into Possession of the
said Estate / And whereas I have lately contracted and
and [sic] agreed with Christopher Willoughby Esq'r to sell and
assign unto him after the decease of my said wife
and me all those my three Leasehold Estates called
Toot Baldon ffarm Durham Leyes and Daglands situate
and being at Baldon in the said County of Oxford and
which I hold by three several Leases from Queens
College in Oxford for the Sum of two thousand five
hundred and twenty ^five Pounds I do hereby give devise
and bequeath all the said Estates unto John
Loveday of Doctors Commons Doctor of Laws his Heirs
Executors Administrators and Assigns In Trust to keep
the same renewed and full stated and to permit and
suffer my said Wife to receive the Residue of the
Rents and Profits thereof during the term of her
natural life and from and after her decease In Trust
to convey and assign all the said Estates unto the
said Christopher Willoughby his Heirs Executors Admors
and Assigns in Consideration of the said Sum of two
thousand five hundred and twenty five Pounds in
pursuance of the said Articles and as to the said two
thousand five hundred and twenty five Pounds I give
and bequeath the same and direct it to be paid in
the manner following viz't to my good ffriend Mr Sackville
Porter of the City of Oxford Bookseller twenty Pounds
To the Reverend Mr John Alleyne ffellow of University
College in Oxford twenty Pounds to the Reverend Mr
David Ronand? Rector of Hannington in the County of
Hands? Twenty Pounds To the said Christopher
Willoughby the Sum of two hundred Pounds In Trust
for the sole and separate use of Mrs Charlotte Swift

my dear wifes half Sister it being my will and Intention
that it shall not be liable to the debts or controul of
her present or any future Husband but that the same
and the Interest shall be for her separate use only
and at her sole disposal notwithstanding her Coverture
to John ffoulkes of the University of Oxford Doctor in
Physick ffifty Pounds To the Reverend Mr James
Newton Rector of Newnham twenty Pounds to the
son of Mr Daniel Ronand? of Whitchurch Herefordshire
to whom I stood Godfather ten Pounds to the said
John Loveday ^{the Sum of} one hundred Pounds for his own use
for the Trouble he must necessarily have in the
Execution of this my Will and I desire and direct
the said John Loveday out of the said two thousand
five hundred and twenty five Pounds to purchase the
Sum of one hundred Pounds in the three per Cent
Consolidated Bank Annuities in the Name of the
said Christopher Willoughby In Trust to pay and
apply one half of the Annual Interest arising
therefrom to the Clerk of the Parish of Marsh Baldon
aforesaid for the time being as an Augmentation
of his Stipend whereby he shall be obliged to
keep the Parish Church of Marsh Baldon clean
swept and the Pulpit Cloth Cushion and Covering
for the blessed Communion Table brushed and cleaned
as often as Occasion shall require and to pay and
apply the other half of the said Annual Interest
to the Master of the School at Baldon
founded by the late Mrs Elizabeth Lane to purchase
Common Prayer Books for such poor children who by
the last Will of the said Elizabeth Lane are appointed
to be taught gratis to the Reverend and worthy the
President and ffellows of Magdalen College in the
University of Oxford the Sum of One hundred
Pounds for the use and purpose of Augmenting the
Rectory of Bramber cum Butto___ the living to
which I was presented by that beloved Society to
the Governors of the Society for propagating the
Gospel in fforeign Parts one hundred Pounds to the
said Christopher Willoughby two hundred Pounds for
the use and Purpose of Augmenting the Curacy of
Toot Baldon And it is my earnest request to Mr
Willoughby that he will at the same time use his
endeavours to secure the Payment of the antient
Stipend or Salary to the said Curacy and procure a
further Augmentation from the Governors of Queen
Anns Bounty to my Nephew Mr James Burnell
four hundred Pounds
[interlined after "Pounds"]
to my Niece Mrs Elizabeth Burnell three hundred Pounds
to the said Christopher Willoughby
sixty Pounds to be by him distributed to such of the
Poor Inhabitants of Marsh Baldon as do not receive
Alms to the said Christopher Willoughby forty Pounds
to be distributed by him to such of the Poor

Inhabitants of Toot Baldon as do not receive Alms
and as to the residue of the said Sum of two thousand
five hundred and twenty five Pounds I will and direct
the same to be paid unto such Persons and in
such manner as I shall in and by a Codicil or any
Memorandum or paper writing wrote or subscribed by
me direct or appoint Also I give and bequeath unto
my said Nephews James Burnell and Thomas
Burnell and to my said Niece Elizabeth Burnell
the Sum of one hundred Pounds Stock each part of
my consolidated three per Cent Bank Annuities
within one year after my decease And my will is
that my dear wife shall receive the Dividends
thereof untill the Expiration of the said Year I
give and bequeath to the Servants who shall live
with me at the time of my decease the Sum of
twenty Pounds to be equally distributed amongst them
to my Worthy ffriend Doctor John ffoulkes my Solar
large Concave Speculum All the rest and residue
of my ready Money Stock in the ffunds Books
Household ffurniture Chariot Horses Wine and other
Liquors Goods Chattells and personal Estate whatsoever
and wheresoever not hereinbefore disposed of I give
and bequeath unto my said dear Wife Catherine
Bacon and I will and direct that my said
wife shall keep the Leases of all my said Estates
filled up and renewed within a year after either
of the Lives shall chance to drop or the usual
time of renewing Daglands during her life at her
own Costs and Charges And I hereby constitute and
appoint my said wife and the said John Loveday joint
Executor and Executrix of this my last Will and Testament
and hereby revoke all former and other wills by me
at any time heretofore made and declare this
to be my last Will and Testament In Witness whereof
I the said Phanuel Bacon have to this my last Will
and Testament contained in three Sheets of Paper to
the two first sheets set my hand and to the last Sheet
thereof my hand and seal the twenty fifth day of
May in the year of Our Lord one thousand seven
hundred and seventy eight Phanuel Bacon (O)
Signed Sealed Published and declared by the said Phanuel
Bacon the Testator as and for his last Will and
Testament in the presence of us who have hereunto
subscribed our Names as witnesses thereto in his presence
at his request and in the presence of each other Jas
Morrell, Thos Ingram, Richard Tipping.

I Phanuel Bacon DD
the Testator named in the will hereunto annexed

do by this Codicil which I direct shall be taken as
part of my said Will desire and order my Wife to pay
Mr Parker and Mr Alleyne their Legacies out of the
Residue of my Personal Estate within six Months after
my decease instead of its being paid as directed by
my said Will And I give the residue of the two
thousand five hundred and twenty five Pounds therein
mentioned after my Wifes decease in manner following
viz't twenty Guineas part thereof to Christopher
Willoughby Esq'r and the Remainder of [sic] my Nephews
the Reverend Mr James Burnell and Mr Thomas
Burnell and my Niece Mrs Elizabeth Burnell or such
of them as shall be living at the decease of my
said wife equally share and share alike provided
that if either of them shall die in my wifes life
time leaving a Child or Children such Child or Children
shall be entitled to the Share or shares their
parents would have been entitled to if they had
survived my said wife such Children if more than one
to take equally and in case my said Nephews and
Niece shall all happen to die in the life time of
my said wife without leaving a Child or Children then
the Executors Administrators and Assigns of the Survivor
of my said Nephews and Neice shall be entitled to
such Remainder In Witness whereof I have hereunto
set my Hand and Seal this 20th day of July 1780
Phanuel Bacon (O) Signed Sealed Published and declared
by the said Dr Bacon as a Codicil to his last
Will and Testament in the presence of Jas. Morrell
Sarah Howse

This Will was proved at London with a
Codicil on the twenty first day of May in the Year of our
Lord one thousand seven hundred and eighty three before
the ^Right Worshipfull Peter Calvert Doctor of Laws Master
Keeper or Commissary of the Prerogative Court of
Canterbury lawfully constituted by the Oath of Catherine
Bacon Widow the Relict of the deceased and one of
the Executors named in the said Will to whom Admon
was granted of all and singular the Goods Chattells and
Credits of the said deceased she having been first
sworn ^{by Commission} to administer Power being reserved of making
the like Grant to John Loveday Doctor of Laws the
other Executor named in the said Will when he shall
apply for the same.

Proved at London ^{with a Codicil} the
12th day of Septem'r 1800
before the Judge by the
Oath of John Loveday
the Surviving Executor
named in the Will to whom
Admon was granted having
been first sworn by Com'on
duly to Administer.

Oxfordshire Family History Society

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