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Will & Bond of Joseph PAYNTER of NTH Evenley?

Will 18 Aug 1725   Probate 31 Aug 1731

Source: unknown
Contributed by: Cherry Hollingworth Go to Translation Go to Transcript
Summary.
... I Joseph Paynter of NTH Evenley ... yeoman ...

NameRelationship[Comments] or Major Bequests
Joseph PAYNTER NTH Evenley?
Constance PAYNTERWife
William PAYNTERSon (Exec)
John BLINCOWEGrandson
Anne BLINCOWEGranddaughter
Ann ADDAMSWitness
George HARTWitness
Christopher? D'OYLYWitness

Alfred HAYWARDAdministratorNTH Brackley
Richard PAINTERMentionNTH Brackley [c1668]
Margaret PAINTERMention[w Richard - c1668]
Richard PAINTER JrMentionNTH Evenley [s Margaret - may have had wife also Margaret]
George LOVEDAYMentionNTH Brackley
Thomas RIDLEYMentionOXF Claydon [or RISLEY - c1668]
Thomas RISLEYMentionOXF Claydon [or RIDLEY - c1668]
William GILLMentionNTH Brackley [c1703]
Thomas NICHOLSONMentionNTH Evenley [c1703]
Thomas SOUTHMentionNTH Evenley [c1703]
John SOUTHMention[c1703]
Thomas B WOODMANWitness
John WOODMANWitness

Probate 31 Aug 1731 ... William Paynter sole Executor ...
Bond 4 Jul 1814 ... Alfred Hayward, Administrator ...
Value of goods involved under £20.
Bond value £100.
Transcriber's and Editor's Notes
Not an Oxon will, but Evenley is only a mile over the county boundary, there are believed to be connections to Oxon PAINTERs, and an Oxon person is mentioned in the Bond.
The problem arose because of two very long leases of the testator's land, dating back to 1668, which his Executor was unable to deal with.
Eighty-odd years later Alfred Hayward was appointed to sort it out. All that hassle for less than £20 :-)
The editor is on shaky ground with the legal details of the indentures, and anyone to whom it matters should refer to the full transcript below.
  Translated and paragraphed.
with some of the standard preamble and "legalese" removed.
Go to Glossary
... I Joseph Paynter of NTH Evenley ... yeoman ...
  • I give all my real estate to my loving wife Constance for life.
    After her decease I give [it] to my son William Paynter and his heirs forever.
  • I give £5 to my grandson John Blincowe and £15 to my granddaughter Anne Blincowe.
  • I give all the rest of my goods, chattels and personal estate to my son William Paynter, he paying my debts, legacys and funerall expenses, and I appoint him sole Executor ... revoking all former wills.

  • Witnesses Ann X Addams; Georg Hart; Chr:? D'oyly


4 Jul 1814 Bond of Administration

I Alfred Hayward of NTH Brackley, gentleman, am bound to the [Bishop of Peterborough] ... £100 to be paid to the Bishop or his [Assigns]. To which payment I bind myself and my heirs etc.
Sealed with my Seal, Dated 4 Jul 1814
==================================
Condition of this Obligation:
  • Joseph Painter of NTH Evenley, yeoman, died having first made his will dated about 18 Aug 1725 and appointed his son William Painter sole executor, who proved the will and undertook the Execution.
  • [William Painter] administered the goods etc of the deceased except as to two leases of 500 years and 1000 years raised upon an estate at Evenley by two indentures:
    • An indenture dated about 29 Dec? 1668/69 made between Richard Painter of Brackley, yeoman, of the one part; and George Loveday of Brackley, gentleman, of the other part; creating the 500-year lease on one part of the estate.
    • An indenture dated about 26 Jan 1668/69 made between Margaret Painter of Brackley, widow of the above Richard Painter deceased, and her son Richard Painter of the first part; the above George Loveday of the second part; and Thomas Ridley or Risley of OXF Claydon, gentleman, of the third part; creating the 1000-year lease on the rest of the estate.
  • By various mesne assignments, and particularly by an indenture dated 15 May 1703 made between Richard Painter of Evenley and his wife Margaret, both deceased, and William Gill of Brackley, innholder, of the first part; Thomas Nicholson of Evenley, yeoman, of the second part; Thomas South of Evenley, yeoman, of the third part; and John South and the above Joseph Painter both of Evenley, yeomen, of the fourth part; the two leases became vested in John South and Joseph Painter and their Executors etc for the remainder of the terms In Trust for Thomas South and his heirs etc and to attend the inheritance of the estate and premises.
  • Sometime after the date of that last Indenture John South died, leaving Joseph Painter surviving, who afterwards died having made his will as mentioned, and now his goods etc which are affected by the two leases must be administered.

  • The above-bound Alfred Hayward, Administrator of the goods etc of Joseph Painter (with the will annexed) must make an Inventory of the affected goods and exhibit it into the Registry of the Consistory Court in Peterborough before 31 Jan next (1815).
  • He must administer those goods etc according to law.
  • He must make a true and just account of that Administration, at or before 31 July 1815.
  • If all that is done, then this Obligation is void.

  • Signature:   Alfred Hayward
  • Witnesses:   Thomas B Woodman; John Woodman
Probate 31 Aug 1731 ... William Paynter sole Executor ...
Bond 4 Jul 1814 ... Alfred Hayward, Administrator ...
Value of goods involved under £20.
Bond value £100.
  As transcribed from a copy of the original document.
Original line- and page-breaks are partly preserved..
In the name of God Amen this Eighteenth day of August 1725 I Joseph
Paynter of I__ley in the County of Northton yeom' considering the certainty of death and uncertainty
of life doe make and ordaine this my last Will and Testam't in manner following
that is to say, ffirst I give unto my loveing wife Cosntance for and dureing the terme of her
naturall life all my Reall Estate, and Imediately after her decease and [sic] give and devise
the same unto my Son William Paynter and his heirs for ever I give unto my Granndson
John Blincowe ffive pound and unto my Granndaughter Anne Blincowe fifteene pound
All the rest of my Goods and Chattells and Personall Estate whatsoever unbequeathed
I give and bequeath unto my said Son William Paynter he paying my debts Legacys and
ffunerall Expences and I doe hereby constitute and appoint my said son William Paynter
sole and only Executor of this my last Will and Testam't hereby revokeing all former
Wills In Witnes whereof I have hereunto sett my hand and Seale the day and yeare
ffirst above witten
Signed sealed and published in the p'sence                    Joseph Painter
of us whose hands are hereunto subscribed
in the sight and p'sence of the Testator
      the m'ke of
   Ann X Addams
   Georg Hart
   Chr:? D'oyly

31'mo Augusti 1731
Juratus fuit Will'ms Paynter unicus Executor in
hu'mo'i Testam'to nom'at' de fidel'r .................
            Coram me
               Franc'o Stanier AM: Surro'

Know all men by these Presents that I Alfred Hayward of Brackley in the County of Northampton Gentleman am held and firmly bound to the Right Reverend Father in God John by divine permission Lord Bishop of Peterborough in the sum of £100 of good and lawful money of the United Kingdom to be paid to the said Lord Bishop or to his certain attorney executors or administrators or assigns For which payment well and truly to be made I bind myself my heirs executors and administrators firmly by these presents Sealed with my seal Dated the fourth day of July in the fifty fourth year of the Reign of our Sovereign Lord George the Third by the Grace of God of the United Kingdom of Great Britain and Ireland King Defender of the Faith &c and in the year of our Lord 1814 -

The above named [blank] of Evenley Northamptonshire Yeoman departed this life having first duly made and published his last will and testament in writing bearing date on or about the eighteenth day of August which was in the year of our Lord 1725 and thereof duly constituted and appointed his son William Painter the sole executor who duly proved the same in the Archdeacon’s Court at Northampton and took upon himself the Execution thereof and duly administered all the goods chattels and credits of the said deceased except as to two? several terms of Five hundred years and one thousand years raised or created of in and upon a certain estate at Evenley and by two certain indentures the one bearing date on or about the 299th December? which was in the 21st year of the reign of his late Majesty King Charles 2nd and made or mentioned to be made between Richard Painter of Brackley yeoman of the one part and George Loveday of the same place Gentleman of the other part whereby the said term of 500 years was ___ created of in and upon one part of the said estate and the other indenture bearing date on or about the 26th January which was in the 21st year of the reign of his late Majesty King Charles 2nd and made or mentioned to be made between Margaret Painter of Brackley widow of the said Richard Painter deceased and Richard Painter son of the said Margaret Painter of the first part and the said George Loveday of the second part and Thomas Ridley or Risley of Claydon in the County of Oxford Gentleman of the third part whereby the term of 1000 years was raised in the remaining or other part of the said estate at Evenley – the said terms by divers mesne assignments and particularly by an indenture or assignment dated 15th May which was in the year of our Lord 1703 and made between Richard Painter of Evenley and Margaret his wife both deceased and William Gill of Brackley aforesaid Innholder of the first part Thomas Nicholson of Evenley Yeoman of the second part Thomas South of Evenley Yeoman of the third part and John South and the said Joseph Painter both of Evenley Yeomen of the fourth part were assigned or other became vested in the said John South and Jos. Painter their Exors etc for all the remainder of the same terms respectively in trust [nevertheless?] For the said Thomas South his heirs and assigns and to attend the inheritance of the estate and premises and whereas the said John South sometime after the date and execution of the last recited indenture departed this life leaving the said Jos. Painter surviving who afterwards departed this life having first made and executed his last will and testament in the manner hereafter mentioned And whereas it is expedient that the goods and chattells of the said Jos. Painter deceased comprised in or affected by the said two several terms of 500 and !000 years should be duly administered according to law …therefore the condition of the above mentioned obligation is such that if the above bounden Alfred Hayward the Administrator of all and Singular the goods and chattels and credits of the above named Jos. Painter deceased with his said last will and testament annexed do make or cause to be made a true and perfect Inventory of all and singular the goods and chattels and credits of the said deceased in or affected by the said two several recited terms of 500 years and 1000 years which have or shall come to the hands possessions or knowledge of him the said Alfred Hayward or into the hands possession of any person or persons for him and the same so made do exhibit or cause to be exhibited into the Registry of the Consistory Court of Peterborough on or before the last day of January next ensuing and the same goods chattels and credits do well and faithfully administer according to the law and further do make or cause to be made a true and just account of his said administration on or before the last day of July 1815 or when he shall be thereunto lawfully required then the above written obligation to be void and of none effect.

Sealed and declared in the presence of                Alfred Hayward

Thomas. B Woodman John Woodman

[Written on the outside]
On the 4th day of July 1814 the within bounden Alfred Hayward was then sworn well and faithfully to administer the goods chattels and credits of the within named Joseph Painter deceased comprised in the within mentioned terms of 500 years and 1000 years according to law and that the said goods chattels and credits do not amount in value to the sum of £20
                  Before me   Thomas B Woodman