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Will of Robert MALLINGS of Deddington

Will 8 Apr 1786   Probate 8 Apr 1790

Source: TNA no. PROB11 /1191
Contributed by: Jon Malings Go to Translation Go to Transcript
Summary.
... I Robert Mallings of Dadington ... gent ...

NameRelationship[Comments] or Major Bequests
Robert MALLINGS Deddington
William MALLINGSNephew
Samuel MALLINGSNephew (Exec)
William MALLINGSGreat-nephew[s Samuel]
Thomas MALLINGSGreat-nephew[s Samuel]
Samuel MALLINGSGreat-nephew[s Samuel]
Elizabeth MALLINGSGreat-niece[d Samuel]
Robert MALLINGSKinsman[see Note]
Matthew RIGHTONNephew
Elizabeth STRONGNiece
Martha SAMMONSNiece
Mary HOPCRAFTNieceDeceased
John HOPCRAFTGreat-nephew[s Mary]
William HOPCRAFTGreat-nephew[s Mary]
James HOPCRAFTGreat-nephew[s Mary]
Mary HOPCRAFTGreat-niece[d Mary]
Daniel PECKOVERLegatee
Thomas BEZLYTrusteeNorth Aston [see Note]
William APLETREETrusteeDeddington [see Note]
 
Mary APLETREEWitness
John CARTERWitness
John HITCHMANWitness
 
Probate 8 Apr 1790 London (PCC) ... Samuel Mallings the nephew and sole Executor named ...
Transcriber's Notes
The following details are believed to be true but should not be totally relied upon:
According to Deddington PRs, "kinsman" Robert MALLING was in fact another son of nephew Samuel.
Nephew Samuel's wife was Elizabeth nee BEZLY of North Aston, so trustee Thomas BEZLY may be a relation.
Trustee William APPLETREE may be the one listed in 1793 British Directory as an attorney of Dadington.
  Translated and paragraphed.
with some of the standard preamble and "legalese" removed.
Go to Glossary
... I Robert Mallings of Dadington ... gent ...
  • I give my nephew William Mallings and his assigns for his life an Annuity of 8 free from deductions, to be paid quarterly on 1st Jan, 1st Apr, 1st Jul and 1st Oct beginning on the first such day after my decease. I charge all my real estate with the payment, and if it becomes ten days overdue then William Mallings and his assigns may distrain for the arrears.
  • I give my nephew Samuel Mallings (subject to the above Annuity) all my lands, tenements etc in Deddington, and all my other real estate, for life.
  • After his decease I give the properties (subject as above) to my kinsman William Mallings son of my nephew Samuel, to him and his heirs etc forever
  • I give my kinsmen Thomas Mallings, Samuel Mallings and the said William Mallings and my kinswoman Elizabeth Mallings the sons and daughter of my nephew Samuel 10 apiece to be paid at age 21.
  • I give my nephew Matthew Righton 30 to be paid in twelve months after my decease. If he dies before me or before his legacy is payable then I give the 30 equally between his children, to be paid in twelve months after my decease. I direct that their receipts shall be sufficient discharge to my executors for the legacy notwithstanding their not having reached 21, as it is my desire that they shall be paid the legacy during their minorities.
  • I give my nieces Elizabeth Strong and Martha Sammons 20 apiece.
  • I give my kinsmen John Hopcraft, William Hopcraft and James Hopcraft and my kinswoman Mary Hopcraft, the children of my late niece Mary Hopcraft, 20 apiece.
  • All which last mentioned legacies are to be paid within twelve months after my decease
  • I give Daniel Peckover 20 to be paid in one week after my decease.
  • I give Thomas Bezly of North Aston and William Apletree of Deddington 100 to be paid within twelve months after my decease, Upon Trust that they and the survivor of them and his executors etc shall invest it (with discretion to alter the investment) and pay the capital plus interest etc (or transfer the securities) to my kinsman Robert Mallings at age 21.
  • If Robert Mallings dies before 21 leaving no issue then I give the 100 plus interest equally between Thomas and Samuel Mallings, sons of my nephew Samuel, at age 21, and if either of them dies before 21 leaving no issue I give his share to the survivor.
  • [Usual protection for Trustees]
  • [Permission for Trustes to reimburse their expenses]
  • All my goods, chattels, ready money, debts and securities for money, and all my other personal estate, after payment of my debts, legacies and funeral expenses, I give to my nephew Samuel Mallings and his executors etc for his own use.
  • I appoint my nephew Samuel Mallings sole executor ... revoking all former wills.

  • Witnesses Mary Apletree Jn Carter Jn Hitchman
Probate 8 Apr 1790 London (PCC) ... Samuel Mallings the nephew and sole Executor named ...
  As transcribed from a copy of the original document.
Original line- and page-breaks are preserved as far as possible.
Robert Mallings

In the name of God Amen
I Robert Mallings of Dadington in the county of
Oxford Gent being of sound and perfect mind memory
and understanding praised be God for his mercy?
do this eight day of April in the year of our Lord
one thousand seven hundred and eighty six make this
my last will and testament in manner following that
is to say Ffirst I give and bequeath unto my
Nephew William Mallings and his assigns for and
during the term of his natural life one annuity or
yearly Rent charge of eight pounds of legal money
of Great Britain free from taxes and all other
deductions to be paid unto him by the person or
persons who for this time being shall be intitled to
the Lands tenements and hereditaments hereinafter
mentioned at four quarter days of payment in the
year that is to say on the first day of January on
the first day of April on the first day of July and on
the first day of October by even and equal portions
the first payment thereof to be made on such of the
said days of payment that shall first and next happen
after my decease and I do hereby charge and subject

all my real estate with the payment of the said
Annuity or yearly rent charge of eight pounds
accordingly and my Will is that in case the said
Annuity or yearly rent charge of Eight pounds or
any part thereof shall be behind and unpaid by the
space of ten days next over or after either of the
said days of payment whereon the same is herein
before directed to be paid as aforesaid Then and so
then it shall and may be lawful to and for the said
William Mallings and his assigns to enter upon all or
any part of my said real estate and estates and
distrain for the same or for so much thereof as
shall be in arrears and all costs and charges
occasioned by nonpayment thereof and the distress
and distresses when had? and taken to sell and dispose
of according to Law as is usual in cases of distress for
rent rendering the overplus if any to the person or
persons who for the time being shall be intitled to
the said premises and I give and devise unto my
Nephew Samuel Mallings subject to the said
Annuity or yearly rent charge of Eight pounds as
aforesaid all and every my lands tenements and
hereditaments with their and every of their
appurtenances lying and being in Dedington aforesaid
and all other my Real Estate whatsoever to hold
unto my said nephew Samuel Malings and his
assigns for and during the term of his natural life
And from and after his decease I give and devise
subject as aforesaid all and singular the said lands
tenements and hereditaments with the appurtenances
and real estate unto my kinsman William Mallings
son of my said nephew Samuel Mallings to hold
unto and to the use of my said kinsman William
Mallings the son of the said Samuel Mallings
and of his heirs and assigns for ever Next I give and
bequeath unto my kinsmen Thomas Mallings Samuel Mallings and
the said William Mallings and to my kinswoman
Elizabeth Mallings the sons and daughter of my
said nephew Samuel Mallings the several Legacies
or Sums of ten pounds apiece to be paid to them at
their respective ages of twenty one yeares Next I give
and bequeath unto my nephew Matthew Righton
the Legacy or sum of thirty pounds to be paid to
him in twelve months next after my decease Next in
case the said Matthew Righton shall happen to die
before me or before his said Legacy shall be due and
payable then I give and bequeath the said Legacy
or sum of thirty pounds unto and amongst all and
every the child or children of my said nephew
Matthew Righton to be paid to them in twelve
months next after my decease by my Executor in
equal shares and my will is and I do hereby order

and direct that the receipt or receipts of the child
or children of my said nephew Matthew Righton
shall be good and sufficient discharge to my executors
for the said Legacy given to them notwithstanding such
child or children shall not then have attained their
ages of twenty one years as it is my desire that the
children of my said nephew shall be paid the said
legacy during their minorities Next I give and
bequeath unto my nieces Elizabeth Strong and
Martha Sammons the several legacies or sums of
twenty pounds apiece Next I give and bequeath unto
my kinsmen John Hopcraft William Hopcraft and
James Hopcraft and to my kinswoman Mary Hopcraft
the children of my late niece Mary Hopcraft deceased
the several legacies or sums of twenty pounds apiece
all which last mentioned legacies I desire and direct
shall be paid by my executor within twelve months
next after my decease Next I give and bequeath unto
Daniel Peckover? the legacy or sum of twenty pounds
to be paid to him in one week next after my decease
by my executor Next I give and bequeath unto
Thomas Bezly of North Aston and William Apletree
of Dadington the sum of one hundred pounds to be
paid to them by my said executor within twelve months
next after my decease upon trust that they the said
Thomas Bezly and William Apletree and the survivor
of them his executors or administrators do and shall
put and place out the same in their names upon
any public or private security or securities at the
most Interest that can be reasonably gotten for the
same and shall and do from time to time at their
discretion call in the said sum of one hundred
pounds and again lend and place out the same as
often as they the said Thomas Bezley and William
Apletree or the survivor of them his executors or
Administrators shall think proper and shall and
do pay the interest and produce that shall arise
or be made thereof with the said sum of one
Hundred pounds
[three lines erased and struck through]
                                       unto my kinsman Robert
Mallings when and as soon as he shall have attained
his full age of twenty one years to and for his
own use and benefit or otherwise assign and transfer
to him the securities for the same and in case the
said Robert Mallings shall happen to die before
he attains his full age of twenty one years and leave
no sons of his Body then and in such case I give and
bequeath the said legacy or sum of one hundred
pounds with all interest that shall be due for the
same unto the said Thomas Mallings and Samuel
Mallings the sons of my said nephew Samuel

Mallings equally to be divided between them share
and share alike to be paid to them respectively at
their respective ages of twenty one years and in
case either of them the said Thomas and Samuel
Mallings shall die before their age of twenty one
years and leave no issue of his Body then I give
the share of him so dying unto the survivor of them
to be paid to him at his age of twenty one years
and my will is and I do hereby expressly declare
that the said Thomas Bezly and William Apletree
or either of them or their or either of their executors
or administrators shall not be charged or chargeable
with or accountable for more of the said Trust
than they or he shall actually receive nor
with or for any loss which shall happen of the
same or any part thereof so as such loss happen
without their wilful default nor the one of them
for the other of them or for the acts deeds receipts
or disbursements the one for the other but each of
them only for his own acts deeds Receipts Defaults
or disbursements only and also that they the said
Thomas Bezly and William Apletree and either of
them shall and may in the first place by and out of
the aforesaid Trust monies deduct and reimburse
themselves all such costs charges and expenses
which they or either of them shall sustain expend
or be put unto for or by reason of the Trusts of this
my will or for any thing in any wise relating thereunto
And as to for and concerning all my Goods Chattels
Ready Money Debts and Securities for Money and
all other my personal Estate whatsoever and
wheresoever and of what nature kind or quality
so ever the same may be after payment of my
Debts Legacies and funeral expenses I give and
bequeath the same and every part thereof unto
my said nephew Samuel Mallings his executors
Administrators and assigns to and for his and their
own use and benefit absolutely and I do hereby
constitute ordain and appoint my said Nephew
Samuel Mallings sole executor of this my last
Will and Testament hereby revoking and making void
all former Wills be me at time heretofore made In
Witness whereof I the said Robert Mallings the
Testator have to this my last will and testament
contained in two sheets of paper set my hand and
seal viz my hand to the bottom of the first sheet
and my hand and seal to this last sheet thereof
the day and year first within written - Robert Mallings
Signed sealed published and declared by the said
Testator as and for his last will and testament in
the presence of us who have subscribed our names
as witnesses thereto in the presence and at the request

of the said testator and also in the presence of
each other Mary Apletree, Jn. Carter, Jn Hitchman

This will was proved at London on the eight day of
April in the year of our Lord one thousand seven
hundred and ninety before the right honourable
Sir William Wynne Knight Doctor of Laws Master
Keeper or Commissary of the Prerogative Court of
Canterbury lawfully constituted by the oath of Samuel
Mallings the nephew of the deceased and sole
Executor named in the said will to whom administration
of all amd singular the goods chattels and Credits of
the said deceased was granted he having been first
sworn by commission duly to administer