Borrowing against a will

[Walkeringham]

I have a copy of a document,dated May 5th,1819,which seems to be an agreement between ' George Spencer of Walkeringham in the County of Nottingham,farmer, Joseph Ashling of the Town of Nottingham,yeoman and John William Caunt of the Town of Nottingham,yeoman'

(pre- printed form)
do stand and are firmly bounden and obliged unto the Worshipful Granville Venables Vernon, Master of Arms, Commissary of the Exchequer Court of the most Reverend Father In God Edward by Divine Providence Lord Arch-bishop of York Primate of England and Metropolitan lawfully constituted, in the sum of (hand written)two hundred pounds............

This borrowing seems to be against the Will of George's father, Samuel who had died February7th, 1819, three months earlier.
I don't know who Joseph Ashling and John Caunt were. Why two men from Nottingham - the local big town for Walkeringham was Gainsborough, across the river in Lincolnshire.
George made his mark, but both Joseph Ashling and John Caunt had flourishing signatures.
I am hoping that some one will be able to tell me more about the mechanics of the operation. Why did George need the money - I take it that probate had not been granted? Where would George have gone to draw up the deed?
Pam

[arthurk]

What you've quoted doesn't seem to mention borrowing, but reads to me like a standard form of words found when a will was proved. The executors would go to the official of the appropriate court to be legally bound in a sum of money to execute the will. The money wasn't actually paid, but if the executors defaulted on their obligations they would then have to pay it as a penalty.

Not having seen the document, I could be wrong, but please could you tell us what it says immediately after the two hundred pounds? If it's a probate document I would expect it to continue with "...to execute" or "...to administer" or something similar.

In 1819 all probate business was dealt with in church courts. As Nottinghamshire was then in the Archdiocese of York, it would have been one of the York courts which had to deal with this will, even though Lincoln is much nearer. Almost certainly there would have been some officials of the York courts in Nottingham - the Archdeaconry of Nottingham is a recognised subdivision of the York jurisdiction, and its probate records have been transferred from their original home in York to Nottinghamshire Archives.

It looks to me as though Joseph Ashling and John Caunt were being sworn to act as executors alongside George Spencer; were they named in the will? Otherwise, it's possible they were lawyers in Nottingham whom George appointed to act for him.

Arthur

[Walkeringham]

Thankyou so much,Arthur - it all makes absolute sense now! I had been told by an 'expert' that it was a borrowing against a will; I really couldn't understand that.

[stevenpenny]

Hello All,

The question has been answered by arthurk but the following might help.....

The text "do stand and are firmly bounden and obliged unto the Worshipful Granville Venables Vernon, Master of Arms, Commissary of the Exchequer Court of the most Reverend Father In God Edward by Divine Providence Lord Arch-bishop of York Primate of England and Metropolitan lawfully constituted, in the sum of (hand written)two hundred pounds............" is part of a much larger document which is a certificate attached to a bond to be executed by the named individuals.

I suspect the words following your extract are something along the lines of...

......of good and lawful Money of Great Britain, to be paid to him the said Commissary, or his true and lawful Attorney, Executors, Administrators, or Assigns, to the which Payment well and truly to be made, We bind us and every of us jointly and severally, for and in the whole our and every of our Heirs, Executors, and Administrators, and every of them firmly by these Presents, Sealed with our Seals. Dated (whatever date it was).

The Condition of this Obligation is such, That if the above bounden (Insert Name and position) of all and singular the Goods, Chattels, and Credits of (Insert name of the deceased) late of (Insert village name) in the Diocese of York deceased intestate do make or cause to be made a true and perfect Inventory of all and singular the Goods, Chattels, and Credits of the said Deceased, which have or shall come to the Hands, Possession, or Knowledge of him the said (Bounden individual) or into the Hands and Possession of any other Person or Persons for him and the same so made, do Exhibit or cause to be Exhibited into the Registry of the Exchequer, Court in York, at or before the last Day of (insert month) next ensuing. And the same Goods, Chattels, and Credits, and all other the Goods, Chattels, and Credits of the deceased, at the time of (his or her) Death, which at any time after shall come to the Hands or Possession of the said (Bounded individual) or into the Hands or Possession of any other Person or Persons for him do well and truly Administer according to Law. And further do make, or cause to be made, a true and just Account of his said Administration, at or before the last Day of (insert month) next ensuing, and all the Rest and Residue of the said Goods, Chattels, and Credits which shall be found remaining upon the said Administrators Accompt the same being first examined and allowed of by the Judge and Judges, for the Time being, of the said Court, shall deliver and pay unto such Person or Persons respectively, as the Judge or Judges by his or their Decree or Sentence, pursuant to the true Intent and Meaning of the Act of Parliament in that behalf made, shall limit and appoint. And if it shall hereafter appear, that any Last Will and Testament was made by the said Deceased, and the Executor or Executors, therein named, do exhibit the same into the said Court, making Request to have it allowed and approved accordingly, if the said Administrator above bounden being thereunto required do render and deliver the said Letters of Administration (Approbation of each Testament being first had and made) in the said Court, then this Obligation to be void, and of none effect, or else to remain in full Force and Virtue.

In other words Samuel died intestate (without making a will) and the Church Court appointed executors to administer his estate, which was valued by the court at less than £200. You may well find the final document in the chain which will be something along the following lines:

I do hereby certify that on the fifth day of May in the year of our Lord 1819 (Insert executors name) within named was sworn and this Bond duly executed by him and his suraties by virtue and in pursuance of the commission hereunto annexed.

The Oath:

The executors (the bounden and oblidged individuals) appointed by the Church Court would have sworn the following obligation:

Your Oath is, that above mentioned Samuel Spencer deceased made no Will, as far as you know or believe, and that you will truly administer his Goods, Chattels and Credits by paying his Debts, as far as the same will thereto extend and the Law charge you; and that you will make a true and perfect Inventory of all the said Goods, Chattels, and Credits, and exhibit the same into the Registry of the Exchequer Court of York, at the Time assigned you by the said Court, and render a just Account thereof when lawfully required; that the Whole of the Goods, Chattels, and Credits, of the said Deceased, (within the Diocese of York) do not amount to the Sum of Two Hundred Pounds, and that the Contents of the Affidavit hereto annexed, to which you have subscribed you Name were and are true.

So help you God

Steve

[arthurk]

Just to complicate matters slightly, I've found an entry for this chap in an online index to the wills and administrations of the Exchequer Court of York, where it is listed as "Administration and Will". Two possible reasons for it being listed as both, rather than one or the other, come to mind: (a) as provided for in what Steven quoted, after the Administrators were sworn a will came to light; (b) the executors named in the will were unable to act, so the court had to appoint others in their place. However, not being an expert I don't know which of these is more likely, or if this is what would have actually happened.

Arthur

[stevenpenny]

Arthurk,

You have answered the question perfectly. There is a clause in the Bond Certificate which states...

"And if it shall hereafter appear, that any Last Will and Testament was made by the said Deceased, and the Executor or Executors, therein named, do exhibit the same into the said Court, making Request to have it allowed and approved accordingly, if the said Administrator above bounden being thereunto required do render and deliver the said Letters of Administration (Approbation of each Testament being first had and made) in the said Court, then this Obligation to be void, and of none effect, or else to remain in full Force and Virtue.

Steve