Will (1796) and Probate (1798) of Theophilus Biddulph of Birbury, Warwickshire - TNA PROB 11/1304/248

Date: 11 May 1796 to 14 Apr 1798
Location: Birdingbury, Warwickshire, England
Surname/tag: biddulph

PROB 11/1304/248; The National Archives, Kew, London

Transcribed by Nicholas Adams

Contents 1 Will 2 Probate

Will

This is the last Will @ Testament
of Sir Theopjilus Biddulph of Birbury in the County of
Warwick Baronet as follows (that is to say) I give unto
my dear Wife dame Jane Biddulph (over and above
what she is entitled unto under and by virtue of our marriage
articles) one annuity or yearly Rent charge of three
hundred pounds of lawful money of Great Britain to
be paid and payable to her by every and equal
portions upon the four most usual ffeasts or days of
payment in the year namely Lady day Midsummer
day Michaelmas day and Saint Thomas's day the first
payment thereof to begin and be made upon the
first of those days which shall next happen after
my decease and I do hereby charge and make the
said Annuity or Rent charge payable upon and out of
those my two several ffarms situate in fframston in
the said County of Warwick which are now in the
several occupations of the Widow Bush and William
Elkington except that part of the said Widow Bush's
ffarm which is hereafter given to my Son John and
I direct the said Annuity or Rent Charge to be
paid free and clear of and from all Taxes Outgoings
and deductions whatsoever and my will and meaning
is and I do hereby direct that in case the said
Annuity or Rent Charge shall at any time or
times hereafter be in arrear and unpaid for the
space of twenty days next after any of the said
ffeasts or days of patment whereon the same
ought to be paid as aforesaid then and from thence
forth and so often it shall and may be lawful to
and for my said dear wife and ger assigns into @
upon the said ffarms lands and Grounds so chargable
therewith as aforesaid and every part thereof to enter
and distrain and the Distress and distresses then and
there ffound to take lead drive carry away and
impound and in pound to detain and keep or otherwise
to sell and dispose thereof according to Law until
therewith or thereby the said Annual Rent or Sum
of Three hundred pounds & all arrears thereof (if any
shall be) and all Costs Charges and Expences
attending the taking of such distress or distresses
shall be fully satisfied and paid according to the
true intent and meaning of this my will or in
case the said Annual Rent or yearly Sum of Three
hundred pounds or any part thereof shall at any
time or times hereafter be behind or unpaid by
the space of fforty One days after the same shall
become due and payable as aforesaid (being lawfully

demanded) then and so often from time to time as the
said Annuity or Yearly Sum of any part thereof shall
be so behind or unpaid by the space of fforty One
days as aforesaid my mind and will further is that
it shall and may be lawful to and for my said
dear wife and her Assigns into and upon the said
two several ffarms Lands and Grounds by me charged
with the payment thereof as aforesaid or into and
upon any part or parts thereof in the name of
the whole to enter and the same and every part
thereof To hold and enjoy and the Rents Issues and
Profits thereof to receive and take to her and their
own use until she or they shall therewith and thereby
be fully paid and satisfied the said Annuity or Yearly
Rent of Three hundred pounds and every par thereof
then in arrear and also all such arrears as
shall grow due during the time that she or they
shall by virtue of such entry or entries be in
possession of the same premises together with all
such Costs Charges and Expences as shall be sustained
or Occasioned by reason of the nonpayment thereof
and that such possession when taken shall be without
impeachment of waste Also I give and bequeath unto
my said dear Wife the Sum of ffifteen hundred pounds
to and for her own use and disposal and I also
give to her my Study of Books to the intent she
may take what number of them she may think
proper to her own use and the remainder of them
I wish her to give to my Son John Biddulph Also
I give to my said dear wife all my Plate Pictures
and Household Goods Linen and Stores of all kinds
in my House Offices and Outhouses also my Coach
and Coachhorses with their Harness also my Liquors
and Wines of all kinds and my Brewing Vessels also
four of my best milking Cows all my Hogs Pigs and
Poultry and all the Timber and ffire Wood in the
yards Also my Stock of ffish in the pools called the
ffrankton great pool and the ffrankton little pool
and in all my Stows together with the use of my
said Pools and Stows for the term of her life Also
I give to my Brother John Biddulph the Sum of
One hundred Guineas Also I give to all my
Servants who shall live with me at the time
of my decease sic months wages over and above
what they shall be otherwise entitled unto also
I give and devise uto my said Son John
Bidduplph and to his Heirs and Assigns for ever
the perpetual Advowson of the Rectory of ffrankton
aforesaid and also my two manors or Royalties in
ffrankton aforesaid and of which I purchased of the

Executors of the late M^rs Biker with all Courts Leet Courts
Barow ffree Warren ffree ffishery and the sole and
exclusive Right of ffishery in the River Leam within
the Parish and Liberties of ffrankton aforesaid and
all waste Lands Rents Services and all other Matters
and things to the said two several Manors and
Royalties or either of them belonging or in any wise
appendant or appertaining and also my said two
pools in ffranktonaforesaid called the great and little
pools with the Land and Ground they cover and the
Springs or Waters ffeeding the same (subject nevertheless
to the Right and Interest in the said Pools hereinbefore
by me given to my said dear Wife for her life as
aforesaid) and also all those the two plantations or
Coppices adjoining to the said Pools and also all that
House in ffrankton aforesaid in which Simon Barret
now dwells and all Outhouses Yards Gardens Orchards
and Closes or Grounds occupied therewith in ffrankton
aforesaid and all that Close in ffrankton aforesaid
late in the Occupation of William Latimer but now
of the said Simon Barret and all other my Closes
Lands Grounds and Tenements in ffrankton aforesaid now
Occupied by the said Simon Barretand also all that
House and Garden in ffrankton aforesaid in the
Occupation of Thomas Maylin and also all that House
and Garden in ffrankton aforesaid late in the
Occupation of the said William Latimer but now of
the said Widow Bush and also all that small
Meadow in ffrankton aforesaid called the Mill Meadow
now also in the Occupation of the said Widow Bush
with the great Stow situate within the same (subject
nevertheless to such Right and Interest in the said
Stow as is hereinbefore by me given to my said
dear Wife) And my will and meaning is that my
said Son John Biddulph and his Heirs and Assigns
shall hold and enjoy all the said Lands Tenements
and Hereditaments so given and devised to him
as aforesaid absolutely freed and for ever Discharged
of and from the Payment of the Annual Sum of
fforty seven pounds seven shillings and four pence
which is paid by me out of my ffrankton Estate
to the Rector of ffrankton for the time being in
lieu of Tythes and of and from every part thereof
my will and meaning being that the said Annual
Payment and every part thereof shall be paid and
payable only out of and from my other Lands and
Hereditaments in ffrankton aforesaid or some part
thereof Also I do hereby give and devise unto my
Son William Biddulph and to his Heirs and Assigns
for ever All that in my Perpetual Advowson of the

Rectory of Stockton in the said County of Warwick which
I originally purchased of John Unwin Gentleman Also I
give and bequeath unto my said dear Wife and unto
my said two Sons John and William Biddulph and
my daughter Susannah Biddulph and to the Survivors
and Survivor of them and the Executors and Adm[inistrat]ors
of such Survivor One Annuity or Yearly Rent Charge
of Two hundred pounds to be Issuing and Payable
out of all that my ffarm in ffrankton aforesaid now
in the Occupation of Thomas Charter and which I do
hereby charge upon and make payable thereout
for and during the life of my daughter Charlotte
Mabella Biddulph the same to be paid and payable
to my said Trustees by four quarterly equal payments
in each year upon the four most usual ffeasts of
days of Payment hereinbefore mentioned the first
payment thereof to begin and be made upon the
first of the said days of payment which shall
next happen after my decease and my will and
meaning is that my said Trustees shall have the
the powers of distress and Entry upon the said
ffarm and Lands so chargeable with the payment
of the said Annuity or Rent Charge of Two hundred
Pounds for the Recovery of all arrears thereof with
the costs and charges attending such distress and
Entry as are hereinbefore by me given to my said
dear Wife in respect to the said annuity or yearly
Rent Charge of Two hundred pounds ayear given
unto and made payable to her as aforesaid and
my will and meaning further is that my said
Trustees shall pay apply and dispose of the said
Annual Sum or Rent Charge of Two hundred
pounds so payable to them as aforesaid from time
to time to and for the sole net and benefit of
my said daughter Charlotte Mabella Biddulph for
and during the term of her natural life in such
manner as to them in their discretion shall appear
most fit and proper and I hereby give the said
Annuity or Yearly Rent Charge to them my said
Trustees during my said daughters life in trust to
be by them applied and disposed of accordingly
and as to the said several ffarms Lands and Heredit[ament]s
so as aforesaid charges and made chargeable
with the said Annual Payments or Rent Charges
of Three hundred pounds and Two hundred pounds
And as to all other my Messuages Lands Tenements
and Hereditaments situate in ffrankton aforesaid or
within the several Parishes of Wapenbury Bourton
Birbury and Stockton or elsewhere within the
Kingdom of Great Britain whether ffreehold or

Leasehold and whether in Possession Reversion Remainder
or any other expectancy or whereof or wherein
I have any power either at Law or in Equity by
this my will to dispose and not hereinbefore by
me disposed of I give and devise the same and
every part thereof (subject nevertheless and chargeable
as is hereinafter mentioned) unto my said two Sons
John Biddulph amd William Biddulph and my said
daughter Susannah Biddulph and to their Heirs
executors Adm[inistrat]ors and Assigns equally to be divided
between them share and share alike to take as
Tenants in Common and not as Joint Tenants
And in case any of them my said two dons and
daughter shall happen to die in my life time
without leaving Issue of his her or their Body
or Bodies then living then and in such case I
give the share of him her or them so dying to
the Survivors and Survivor of them and to their
his or her Heirs and Assigns for ever as Tenants
in Common as aforesaid Also I give to my
daughter Elizabeth Biddulph the Sum of ffour
thousand pounds to be paid to her at the end of
twelve Calendar Months next after my decease
with Interest for the same after the rate of ffour
pounds per centum per Annum from the time of
my decease the said Interest to be paid to her
by four quarterly equal payments in the year
so long as the said Principal Sum shall remain
due and unpaid And I do hereby charge all the
Residue of my said Real Estate in ffrankton
aforesaid so devised to my said Sons John and
William and my said daughter Susannah as
Tenants in Common as aforesaid with the payment
of so much of the said ffour thousand pounds as
the Residue of my Personal Estate after the
discharge and Payment of my Debts and Legacies
shall fall short of paying and as to all my
Monies and Securities for Money Goods Chatels
and Personal Estate whatsoever and wheresoever and
of what nature or kindsoever not hereinbefore by
me disposed of I give and bequeath the same unto
my said two Sons John Biddulph and William
Biddulph and my said daughter Susannah Biddulph
equally to be divided between them share and share
alike to and for their own use and disposal And
I do hereby declare that the Lands Hereditaments
and Monies hereinbefore by me given to my
several Younger Children before named are considered
By me and are given to them in full satisfaction
for all Monies which were dec[l]ared unto or made
payable to them respectively under or by virtue of

mt Marriage Articles and I do hereby constitute and
appoint my said dear wife Jane Biddulph sole Executrix
of this my last Will and Testament hereby revoling
and making void all former wills by me at any
time herebefore made And my will further is
that my said Trustees shall not be answerable or
accountable for more of the aforesaid Trust Monies
than he she or tey shall actually receive or
than shall come to his her or their own Hands
nor for any loss that may happen thereto so
as such loss happen without their wilful neglect
or default nor the one of them for the other
of them or for the either of them or for the
Receipts defaults or disbursements the one of another
In Witness whereof I have to this my last Will
and Testament contained in six sheets of paper set
my Seal to the first of the said sheets where
the same are fastened together and my Hand and
Seal to this last sheet this eleventh day of May
in the year of our Lord one thousand seven hundred
and ninety six Tho. Biddulph SS Signed Sealed
Published and declared by the above named Sir
Theophilus Biddulph Baronet the Testator as and for
his last will and testament in the Presence of us
who at his request in his Presence and in the
Presence of each other have hereto subscribed our
Names as Witnesses hereto the Interlineations
between the 10 and eleventh lines in the first sheet
and the 2^d & 3^d lines in the 3^d sheet being first
made William Bond - Tho^s Charter ___ John Caldecott./---

Probate

This Will was Proved at London the fourteenth
day of April in the Year of Our Lord one thousand
seven hundred and ninety eight before the Right
Honorable Sir William Wynne Knight Doctor of Laws
Master Keeper or Commissary of the Prerogative Court
of Canterbury lawfully constituted by the Oath of dame
Jane Biddulph Widow the Relict of the deceased and
sole Executrix named in the said Will to whom
Administration was granted of all and Singular the Goods
Chattels and Credits of the said deceased having been
first sworn by Commission duly to Administer ./---