Will (1827), Codicil (1834) and Probate (1841) of Theophilus Biddulph of Birbury, Warwickshire - TNA PROB 11/1951/32

Date: 26 Sep 1827 to 17 Sep 1841
Location: Birdingbury, Warwickshire, England, United Kingdom
Surnames/tags: biddulph poole

PROB 11/1951/32; The National Archives, Kew, London

Transcribed by Nicholas Adams

Contents 1 Will 2 Codicil 3 Affidavit 4 Probate

Will

This is the last Will and Testament
of me Sir Theophilus Biddulph of Birbury in the County of Warwick
Baronet whereas by Indentures of Lease and release bearing date
respectively the twenty seventh and twenty eighth days of October one
thousand seven hundred and ninety one, the release being of five
parts and made between Sir Theophilus Biddulph Baronet, since
deceased of the first part me the said Sir Theophilus Biddulph (by
the Name and description of Theophilus Biddulph Esq^r eldest son
of the body of the said Sir Theophilus Biddulph deceased) and
Hannah my wife of the second part Sir William Wheler Baronet
and Sir John Mordaunt Baronet of the third part the Rev^d Charles
Wheler Clerk and Charles Mills Esq^r of the fourth part and John
Wightwick Knightley Esq^r and ffienes Sanderson Miller Esq^r of the
fifth part the Manors messuages lands tenements heredit[ament]s and
premises therein mentioned were settled and assured to and for such
uses trusts intents and purposes therein mentioned and in which said
Indenture of release or settlement is contained a proviso or power
that it should and might be lawful for me the said Sir Theophilus
Biddulph in case I should survive and outlive the said Sir
Theophilus Biddulph deceased at anytime or times thereafter by
any deed or deeds writing or writings under my hand and seal to be
indorsed on the Indenture now in recital and by me executed in the
presence of and attested by the like number of witnesses to change alter
revoke and make void all and every or any of the uses trusts Estates
powers provisoes and limitations therein and thereby limited direected
raised and declared or mentioned or intended so to be of concerning
all or any pf the said Manors messuages lands heredit[ament]s tythes and
premises thereby granted and released or mentioned or intended so to
be or any of them or of any part or parts thereof other than and except
and subject nevertheless not only to one annuity or yearly rent or
sum of three hundred and forty pounds payable out of and secured
upon certain parts of the said heredit[ament]s and premises unto dame
Jane Biddulph now deceased, for and during the term of her
natural life but also subject to an annuity or yearly rent or sum of
two hundred pounds payable out of and secured upon certain other
parts also of the said heredit[ament]s and premises unto my wife Hannah
Biddulph now deceased, for and during her life and by the same
deed or deeds writing or writings or by any other deed or deeds writing
or writings to be executed also by me the said Sir Theophilus Biddulph
under my hand and seal and to be attested by two or more credible
witnesses to declare limit direct or appoint any new or other use or uses
estate or estates trust or trusts powers provisoes directions limitations
or appointments of or concerning the said manors messuages
lands tenements tythes and heredit[ament]s whereof the uses should be
so revoked as aforesaid as to me the said Sir Theophilus Biddulph
should seem meet and proper subject nevertheless as aforesaid and
so from time to time and as often as I the said Sir Theophilus
Biddulph should think fit and whereas my father the said Sir
Theophilus Biddulph my Mother the said dame Jane Biddulph and my
wife the said Hannah Biddulph have all since departed this
life now in pursuance and by virtue and in exercise of the before
writed proviso and the power and authority thereby to me given
and of all and every other powers and authorities enabling me in
this behalf I the said Sir Theophilus Biddulph have revoked
determined and made void and by this writing under my hand and
seal by me executed in the presence of and attested by the three

credible persons whose names are hereunto subscribed as witnesses to
the one execution thereof do fully clearly and absolutely revoke
determine and make void all and every of the uses trusts estates
powers provisoes and limitations directed raised and declared in and
by the said in part recited Indenture of release or settlement and
do hereby declare that the same shall stand revoked accordingly
and in further pursuance and by virtue and in exercise of the
said writed proviso and the power and authority thereby to me
given and in virtue and exercise of all other powers and authorities
enabling me in this behalf I do hereby give devise limit and
appoint unto my son Theophilus Biddulph his heirs and assigns
all my Manors or Lordships of Birbury and Marton otherwise
Marton Pagmore in the said County of Warwick with the appurt[enance]s
and the advowson of the parish Church of Birbury aforesaid and
the Capital messuage or Manor House and all my messuages
farms lands and heredit[ament]s with the appurt[enance]s within my said Manors
or Lordships of Birbury and Marton otherwise Marton Pagmore
or either of them or to them or either of them belonging or apper
taining and all my messuages farms lands and heredit[ament]s situate
within the parish of Long Itchington in the said County of
Warwick and all my Manor or Lordship of Draycott with the
appurt[enance]s and all my messuages farms lands tythes and heredit[ament]s
within my said Manor of Draycott and all that Close called Thorney
Close situate in ffrankton in the said County of Warwick and
the Meadow called Thorney Meadow thereto adjoining and also
all other my Manors or Lordships Royalties messuages farms
lands tenements and heredit[ament]s whatsoever and wheresoever
subject to and charged and chargeable with the payment of all
such legacies portions and sums of money as are by this my will
bequeathed or which by any Codicil I may hereafter happen to
give To hold the same unto and to the use of ny said son
Theophilus Biddulph and of his heirs and assigns for ever I
give and bequeath to my son Edward Biddulph two thousand
pounds and to my son Henry Biddulph two thousand pounds
to be paid within twelve months next after my decease with
lawful interest for the same I give and bequeath to my daughter
Charlotte Biddulph four thousand pounds to be paid to her within
twelve months next after my decease with lawful interest for the
same also I give and bequeath to my said son Theophilus Biddulph
all and every my household goods furniture and implements of
household plate linen books and pictures and all my ready money
and securities for money stock and crops cattle chattels and all
other my personal estate and effects whatsoever and where
soever and I appoint my said son Theophilus Biddulph sole
executor of this my will hereby revoking all former wills
by me made and declare this only to be my last In witness
whereof I the said Sir Theophilus Biddulph have to this my
last will and testament contained in this and the two preceding
sheets of paper set my hand and seal to each of the said others
this twenty sixth day of September in the year of our Lord one
thousand eight hundred and twenty seven. Theo^s Biddulph SS
Signed sealed published and declared by the said Sir Theophilus
Biddulph the Testator as and for his last will and testament in the
presence of us who in his presence at his request and in the
presence of each other have subscribed our names as witnesses
thereto Sarah Fidkin ._____. W^m Haynes ._____. Tho:
Fidkin ._____

Codicil

Whereas in and by my last will and testament in writing
hereunto annexed bearing date the [twenty] sixth day of September one thousand
eight hundred and twenty seven I have given and bequeathed to my
sons Edward and Henry a legacy of two thousand pounds each and
whereas in consequence of the great reduction in the value of land
I think it prudent to reduce such legacies to one thousand pounds Now
I do hereby revoke and make void the said several legacies and bequests
to my said sons Edward and Henry so as aforesaid contained in my
said will and do hereby give and bequeath to each of my said sons
Edward and Henry a legacy of one thousand pounds only to bee
paid to them respectively in twelve calendar months next after my
decease with interest in the mean time at five per cent I confirm my
said will in every other particular and declare this to be a Codicil
thereto In witness whereof I have hereunto set my hand and seal
this second day of January one thousand eight hundred and thirty
four. Theo^s Biddulph SS Signed sealed published and declared by the
said Sir Theophilus Biddulph Baronet as and for a codicil to his
said will in the presence of us who in his presence at his request and
in the presence of each other have hereunto subscribed our names as
witnesses, Rob. Poole ._____ Joseph Maggoll ._____ James Noon ._____.

Affidavit

In the Prerogative Court of Canterbury

In the Goods of Sir Theophilus Biddulph Bart dec[ease]d

Appeared Personally Robert Poole of Leamington
priors in the County of Warwick Solicitor and made oath that he is
the Nawer or writer and one of the subscribed witnesses of the one
execution of the Codicil to the last will and testament of Sir Theophilus
Biddulph late of Birbury Hall in the parish of Birbury in the
County of Warwock Baronet deceased which said will bears date the
twenty sixth day of September in the year of our Lord one thousand
eight hundred and twenty seven and which said Codicil thereto
bears date the second day of January one thousand eight hundred
and thirty four and which are now hereto annexed and the deponent
referring to the commencement of the said Codicil which is in the words
following "whereas in and by my last will and testament in writing
thereunto annexed bearing date the sixth day of September one
thousand eight hundred and twenty seven" further made Oath that he
this deponent did in the course of drawing such aforesaid Codicil
through error therein refer to the said will as bearing date the said
sixth day of September one thousand eight hundred and twenty seven
instead of the twenty sixth day of September one thousand eight
hundred and twenty seven the correct date of the said will and he
lastly made Oath that the discrepance of dates with reference to the
identity of the said will and Codicil must clearly have been an error
of this deponents for that the said will and Codicil were previously
to the execution of the aforesaid Codicil by the said Testator annexed
together with the seal of the Testator as the same now appear and
that such will and Codicil are now in all respects in the same
plight and condition as when the said Codicil was executed save
as to the mark N^o1 and N^o2 on the said will and Codicil and
name &c H. Biddulph Commissioner appearing thereon respectively
Rob. Poole On the 10^th day of Sept^r 1841 the said Robert Poole
was duly sworn to the truth of the aforegoing affidavit by virtue
of the Comon hereto annexed Before me John Craig Comm^r ._____.

Probate

Proved at London (with a Codicil) 17^th Sept^r 1841 before the Judge
by the Oath of Sir Theophilus Biddulph Baronet the son the sole ex[ecut]or
to whom adm[inistrati]on was granted having been first sworn by Comon duly to
administer -