Will of Thomas Fowler
Occupation
- 218: Maltster
Location
Maltster of Henley upon Thames
| Document reference: | ORO MSS Oxon Wills 123/2/27 |
| First date: | 16 November 1733 |
| Probate date: | 27 October 1740 |
| Probate court: | Watlington |
Executors, Witnesses and Court Officials etc.
| Executor: | Richard Fisher |
| (Trustee and Guardian) | |
| Executor: | Thomas Hackman |
| (Trustee and Guardian) | |
| Witness: | John Fowller |
| Witness: | Sarah Hackman |
| Witness: | John Maskall |
| Court Official: | Henry Brooke |
Bequests
To: Grace Fowler (Wife)
To my wife, Grace Fowler, for her life my newly erected property, grainaries and gardens in New Street, Henley, now untenanted being next to my newly erected house in New Street, in my possession, and after her death to my son William. My wife is to have the furniture and household goods that belonged to her before our marriage; I also request my executors to pay her two hundred pounds which I settled on her at our marriage.
Bequest Types
Location of property
Names
To: Richard Fowler; Mary Fowler; Sarah Perrin (Children)
To my son Richard Fisher, my daughters Mary Fowler and Sarah Perrin twenty one shillings each
Bequest Types
Names
To: Thomas Fowler (Son)
To my son Thomas Fowler, my newly erected property where I now live with the malt house, in New Street, for ever but if he or my son William should die before the age of 21, then the property to my three daughters, Ann, Elianor and Hannah or to the survivor(s) equally as tenants in common. I also give Thomas, fifty pounds.
Bequest Types
Location of property
Names
To: William Fowler (Son)
To my son William Fowler, fifty pounds.
Bequest Types
Names
To: Ann Fowler; Elianor Fowler; Hannah Fowler (Daughters)
To my daughter Ann, fifty pounds, to my daughter Elianor, one hundred pounds, and to my daughter Hannah, one hundred pounds; but if any should die before the legacy is payable (twelve months from testator's death) then the survivor(s) will inherit the legacy. The residue of my estate to be shared between my three daughters in the same proportions as these legacies; in the event of the deaths of any of them, the survivor(s) shall inherit.
Bequest Types
Names
Transcript
| 0001: | In the Name of God Amen I Thomas Fowler of Henley upon Thames in the County of |
| 0002: | Oxford Malster being of sound mind and understanding Do make publish and declare this to be my last Will and |
| 0003: | Testament in manner and forme following And first and principally I comend my soule into the Hands of |
| 0004: | Almighty God (my Creator) trusting through the merritts death and passion of my Lord and Saviour Jesus |
| 0005: | Christ to have remission of all my sins and to be made partaker of ever lasting life and my Body I committ to |
| 0006: | the Earth to be buryed at the discretion of my Executors hereinafter named And as for my worldly Estate which the |
| 0007: | Lord out of his goodness and mercy hath bestowed upon me I give and dispose of the same as followeth Imprimis |
| 0008: | my will and desire is that all the debts which I shall owe at the time of my decease shall be well and truely paid |
| 0009: | and satisfyed by my Executors hereinafter named Item I give and bequeath unto my dear and Loveing wife Grace |
| 0010: | Fowler All the Household Goods and Furniture which were hers at the time of marriage as will appeare by an |
| 0011: | Inventary in writeing signed by me Item I give and devise unto my said wife Grace Fowler All that my new erected |
| 0012: | Messuage or Tenement Grainarys Gardens Hereditaments and appurtenances whatsoever to the same belonging scituate |
| 0013: | and being in New Streete in Henley aforesaid now untennanted and next adjoyni[↑n]g to the new erected Messsuage or Tenement |
| 0014: | with the appurtenances now in my possession To Have and to Hold the said devised Messuage or Tenement with the |
| 0015: | appurtenances unto my said wife for and dureing the Terme of her Naturall life and from and imediately after her |
| 0016: | decease then I give and devise the said Messuage or Tenement Grainarys Hereditaments and appurtenances herein |
| 0017: | before devised, unto my son William Fowler To Hold unto him his Heires and Assignes forever Item my will and |
| 0018: | meaning is that my said Executors shall within six months next after my decease pay unto my said wife Grace Fowler |
| 0019: | the sum[m]e of two Hundred pounds which I settled upon her at the time of our Intermarriage Item I give and |
| 0020: | bequeath unto my son Richard Fowler and unto my daughters Mary Fowler and Sarah Perrin the sum[m]e of one and |
| 0021: | Twenty shillings each Item I give and devise unto my son Thomas Fowler All that my new erected Messuage |
| 0022: | or Tenement wherein I now dwells together with the Malt House, Gardens and all and Singuler other the |
| 0023: | Hereditaments and appurtenances thereunto belonging scituate and being in New Streete aforesaid To Hold |
| 0024: | unto my said son Thomas Fowler his Heirs and Assignes forever, But in Case either of my said Sons |
| 0025: | namely Thomas and William shall happen to dye before He attaines to the Age of one and Twenty Yeares |
| 0026: | then the Messuage or Tenement and Hereditaments with the appurtenances of him so dyeing I Give and |
| 0027: | devise unto the Survivor of them two and to his Heires and Assignes forever And my will and meaneing |
| 0028: | is that in Case both of my said sons namely Thomas and William shall happen to dye before they |
| 0029: | Attaine to the Age of one and Twenty Yeares then I give and devise the said Messuages or |
| 0030: | Tenements and Malt House Grainarys and all and singular other the Hereditaments and |
| 0031: | appurtenances thereunto belonging unto my said three daughters namely Ann, Elianor and Hannah (or to |
| 0032: | such of my said Three Daughters as shall be then liveing) equally Share and Share alike as Tennants in |
| 0033: | Com[m]on and not as Joynt Tennants Item I give and bequeath unto my said son Thomas Fowler the |
| 0034: | sum[m]e of Fifty pounds, and to my said son William Fowler the sum[m]e of Fifty pounds, to be paid to |
| 0035: | each of them by my Executors within a Twelve Month next after my decease Item I give and bequeath |
| 0036: | unto my [↑said] daughter Ann Fowler the sum[m]e of Fifty pounds to be paid her by my Executors within a |
| 0037: | Twelve Month next after my decease Item I give and bequeath unto my said daughter Elianor Fowler |
| 0038: | the sum[m]e of one Hundred pounds to be paid her by my Executors within a Twelve Month next after my |
| 0039: | decease Item I give and bequeath unto my said daughter Hannah Fowler the sum[m]e of one Hundred |
| 0040: | pounds to be paid her by my Executors within a Twelve month next after my decease And if it shall so |
| 0041: | happen that either of my said three daughters namely, Ann, Elianor & Hannah shall dye before her |
| 0042: | Legacy shall become due and payable then I give and bequeath the Legacy of such daughter so |
| 0043: | dyeing unto the survivor and survivors of them three Item all the rest and residue of my personal Estate |
| 0044: | not herein before given or bequeathed I give and bequeath unto my said three daughters namely Ann, |
| 0045: | Elianor and Hannah, (or to such of them three as shall be liveing at the time of my decease) in such and the |
| 0046: | same manner to be divided as their severall and respective Legacys are herein before by me given and |
| 0047: | bequeathed to them, and not otherwise Howsoever Item I constitute and appoint Richard Fisher of Henley |
| 0048: | upon Thames aforesaid Malster and Thomas Hackman of Henley upon Thames aforesaid Gentleman Executors |
| 0049: | and Trustees of this my last Will and Testament and I do give unto each of them one Guinea for the trouble in |
| 0050: | seeing of this my will performed and putting in force the Trust in them reposed I appoint my said Executors & Trustees |
| 0051: | to be Guardians to my said Children dureing their Minoritys and to lett sett and manage the reall and personal |
| 0052: | Estate herein before given and devised to them to the best advantage or improvement they can untill they shall |
| 0053: | attaine to the Ages of one and Twenty Yeares And my will and meaneing is that my said Executors and Trustees |
| 0054: | shall and may deduct and keepe to themselves out of my personall Estate and the Rents and Proffitts of my Reall Estate |
| 0055: | all such reasonable sum[m]e and sum[m]es of Money Charges & expences whatsoever which they or either of them or the |
| 0056: | Executors or Adm[inistrato]rs of the Survivor of them shall be put unto for or by reason of this my will or the execution of |
| 0057: | the Trust hereby reposed in them and that they shall not be answerable or accountable the one for the other or for |
| 0058: | the acts mistakes or receipts of each other but for their respective acts mistakes and receipts only And I do hereby |
| 0059: | revoke all former Wills by me heretofore made and declare this to be my last Will and Testament only In |
| 0060: | Testimony whereof I have hereunto sett my Hand & Seale this Sixteenth day of November in the Seventh Yeare of |
| 0061: | the Reigne of our Sovereigne Lord George the Second by the Grace of God of Great Britaine France and Ireland King |
| 0062: | Defender of the Faith and so forth and in the Yeare of our Lord one Thousand Seven Hundred Thirty and Three |
| 0063: | |
| 0064: | Tho[mas] Fowler [seal] |
| 0065: | Signed Sealed published and declared by the said Testator |
| 0066: | Thomas Fowler as and for his last Will and [↑Testament] containeing two |
| 0067: | sheets of paper, to each sheet the said Testator [↑have] sett his |
| 0068: | hand and seale in the presence of us who subscribed our |
| 0069: | Names in the p[re]sence of the said Testator |
| 0070: | |
| 0071: | John Fowller |
| 0072: | Sarah Hackman |
| 0073: | John Maskall |
Preparation of this entry
| Post status: | Published |
| Transcript by: | the author |
| Author: | Cynthia |
| Checked by: | Not checked |
| Date posted: | 04th March 2014 |
| Date modified: | 23rd April 2014 |
Comments
Seal covered, presumably for protection. There was a legal challenge from three creditors - William Norman, John Rakestraw and John Knight against the executor Thomas Hackman concerning an alleged imperfect inventory of the estate of Thomas Fowler. It was alleged that absent from the Inventory was a horse as well as stocks of cereals; also that the Executor had received monies for sale of bran and flour to a London dealer. Despite mounting a legal challenge which was taken to appeal, the creditors could not substantiate their claim and lost the case, being ordered to pay the legal costs of Thomas Hackman. The appeal decision was April 1747. The legal documents, photocopied with the Will, have not been transcribed but no inventory was present.