Swindall, John, will 1633

Date: [unknown] [unknown]
Location: Weston on Trent, Derbyshire, England
Surname/tag: swindall

Contents 1 Will of John Swindall 16 August 1633 2 Probate 25 September 1634 3 Second Administration 13 October 1635 4 Third Administration 8 December 1637 5 Sources

Will of John Swindall 16 August 1633

In nomine dei Amen decimo sexto die Augusti Anno Dm nri Caroli Anglie &c Nono Annoq Dm 1633 John Swindall of Weston upon Trent in the County of Derby yeoman being sicke in body but of a perfect and sound memory (prased be to god for it) Do make this my last will and Testament in manner and forme following.  First I doe hereby Revoke all former wills and Testaments heretofore by me John Swindall made.  And I bequeath my soul unto the hands of allmightie God my only maker and Redemer and my body to be buried in the Church or Churchyard of Weston aforesaid at the discretion of my Executors.  And as Concerning such Temporall estate as it hath pleased the Lord to indue me withall I Give and bequeath them as followeth.  First I give unto John Swindall my sonn the full & just Somme of Thirty pounds of lawfull mony of England to be paid unto him when he shall come and accomplish the full age of one and twenty yeares and a young heifer to be immediately delivered him after my decease.  Also I give unto Mary Swindall my daughter the like Somme of Thirty pounds of like Currant mony To be paid unto her when Shee shall accomplish the age of one and Twenty yeares likewise.  I give unto the said Mary a Brasse pann to be immediately delivered her after my decease.  Also I give unto my youngest daughter Dorothy Swindall [?] by my now wife Dorothy [the like sum?] of thirty pounds of like Currant money to be paid unto her when shee shall accomplish the full age of Fifteene but if she depart this life before she shall come to the said age of fifteene yeares That then the said some of Thirty pounds shalbe equally devided betwixt the said Dorothy Swindall my wife & my said sonn & daughter John Swindall & Mary Swindall.  Also I give unto my brother George Swindall twelve pence & to my brother Henry Swindall twelve pence & to my brother Thomas Swindall twelve pence.  Also I give unto my brother William Forman one shilling & also to my brother George Forman an other shilling. Also I give to my brother John Forman an other shilling also I give to my Sister Elizabeth Forman an other shilling.  I also give to every one of my servants twelve pence apeece.  All the rest of my Goods Chattels Cattailes moveables and immoveables I give and bequeath unto the said Dorothy Swindall my wife In consideration and my will is That she shall pay & discharge all my funerall expences Debts & legacies. I also make & ordaine my sonn in law William Bancroft sole Executor of this my last will & Testament to whom I give a quarter of Barly at such time when as he shall accomplish the age of one & twenty yeares.  I also make & ordaine my said Brothers Henry Swindall & William Forman to be Overseers of this my last will &Testament.  In witnesse whereof I have hereto sett my hand Dated the day and yeare above written.    

The will appears to be neither signed nor witnessed.

Probate 25 September 1634

fiat Adio bonorum que fuerunt Johis Swindall nuper dum vixit pae de Weston sup Trent Dorothee Swindall relict dict defi secund tenorem testamenti retroscripti durante minori etate Willmi Bancroft executoris in dto testo noiat et ad opus et usum dti executoris Tuitio dti Wm Bancroft generi Johis Swindall et Mariae Swindall liberorum naturalium et ltimorum dct def eid Dorothee Swindall Ob: dta Dorothea Swindall de Weston sup Trent vid et Richardus Cartwright de eijd vill et Com Husbandman

Benjamin Bentham deputat

Second Administration 13 October 1635

Noverint universi p pntes nos Henricus Swindell de Breedon in Com Leicestrie husbandman et Georgius Swindell de eisd villa et Com husbandman teneri et firmiter obligari Carolo Twysden legum dcori Commissar generali Coven et Lich Dioc p Rdm in xpo ptrem et dmm dmm Robertum providenc div Coven et Lich Epm ltime fulcit in Centum libris bone et legalis monete Anglie solvendi eidem Carolo Twysden aut suo certo Attornat Executor Administrator vel Assignis suis Ad quam quide solutionem bene et fideltr faciend obligam nos et utrumq nostrum p se pro toto et insolido hered Executores et Adres nostros firmr p ? presentes Sigillis nostris sigillat dat decimo tertio die Octobris Anno regni dm nri Caroli dei gra Anglie Scotie Francie et Hibernie Regis fidei defensor etc undecimo /1635.  

The condicon of this prste obligacon is such That whereas John Swindell late whilest he lived of the pish of Weston upon Trent deceased did in his life time make his last will and Testament in writinge nominateinge and appoynteinge William Bancrofte his sonne in lawe Executor thereof Which sayd Willia Bancrofte is nowe in his minoritye By reason whereof the administration of all and singuler the goods & Chattells of the said deceased is by thabove named Charles Twysden comitted and graunted to thabove bounden Henry Swindell duringe the minority of the sd Executor I therefore the said Henry Swindell doe well and faithfully Administer the same goods and Chattells accordinge to the last will and testament of the said deceased whereof a true copie is annexed to the lettres of administration in this behalfe granted And make exhibit and yeild up unto the said Charles Twysden or any other competent Judge in that behalfe when hee shall be called and warned a true and perfecte Inventory accompte payment and delivery of all and singuler such goods and Chattells of the sayd deceased as hee the said Administrator shall have receive Administer or may lawfully come by by vertue of the said lettres of Administration to be devided ordered & Administered by the sayd Charles Twysden or any other competent Judge in that behalfe shall be appoynted with delivery alsoe of the said lettres of Administration ready to be cancelled or otherwise ordered as shall seeme to the said Charles Twysden or any other competent Judge in that behalfe to stand with equity & justice And doe alsoe upon his owne proper charges save defend & keepe harmeles the said Charles Twysden & all other officers & ministers in that behalfe authorized for committinge & grantinge of the said lettres of Administration Then this presente obligation to be voyd & of none effecte or else to stand in full power & vertue.

Sigillat et delibat in pntia mei Michaelis Nickins norij pub:

Third Administration 8 December 1637

Noverint univsi per prntes nos Henricum Swindell de Breedon in Com Leicestrie husbandman et Johannem Potter de Wigginton in Com Staffordie yeoman teneri et firmiter obligari Carolo Twysden legum docri Commissario genali Coven et Lichen Dioc p Rvdum in xpo prem et dmm dmm Robertum providen dia Coven et Lichen Epm ltmn fulcit in Centum et quadraginta libris bone et legalis monete Anglie solvend eidem Carolo Twysden Aut suo certo Atturnato Executor Admistrator vel Assignats suis Ad qua quidem solutionem bene et fidelr faciend obligamus nos et utrumque nm p se pro toto et in solido heredes Executores et Admistratores nos firmiter p prtes Sigillis nris sigillat dat Octavo die Decembris Anno Regni dm nri Caroli dei gra Anglie Scotie Francie et Hibnie Regis fidei defensoris ec decimo tertio /1637  

The condicon of this obligacon is such That whereas there are twoe legacies of thirtie pownds a peece given and bequeathed by the Last will and testament of John Swindell late whilest hee lived of the pish of Weston upon Trent deceased to John and Mary Swindell nrall and lawfull Children of the sayd deceased beinge in their minority.  And whereas thabove bounden Henry Swindell Curator ad Lites of the sayd John & Mary lawfully assigned, hath recovered received and had (by a Suite at the Comon Lawe) the sayd legacies of thirty pounds a peece beinge three score pownds and five pownds apiece more beinge in all three score and tenne pownds of lawfull english money to and for the onely use and behoofe of the sayd Children in full satisfaction of all legacies & portions of goods due unto them or either of them from or by the sayd will.  Nowe if the sayd Henry Swindell doe and shall well and truely content satisfie and pay or cause to bee satisfied and payd unto the sayd John and Mary Swindell the sayd summe of three score and tenne pounds viz. five and thirty pownds a peece of lawfull english money at such time & times as they & either of them shall attaine and come unto their full age of one and twenty yeares without any fraude or manner of deceite then this present obligation to be voyd and of none effecte or els to stand in full power force and vertue.

Henry Swindell

John Potter

Sigillat et delibat in prtiae

Rich. Walmisley

Michaelis Nickins

Sources

"Staffordshire, Dioceses Of Lichfield And Coventry Wills And Probate 1521-1860"
FindMyPast Image - FindMyPast Transcription (accessed 14 February 2023)
John Swindall probate in 1634. Residence Weston Upon Trent, Derbyshire, England, Weston upon Trent, Derbyshire, England.

Alternative transcription, and translation of Latin, by Jodie Williams, 2010