Wills
31 Edward I (1302-3)

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Centre for Metropolitan History

Publication

Author

R. R. Sharpe (editor)

Year published

1889

Pages

155-160

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'Wills: 31 Edward I (1302-3)', Calendar of wills proved and enrolled in the Court of Husting, London: Part 1: 1258-1358 (1889), pp. 155-160. URL: http://british-history.ac.uk/report.aspx?compid=66838 Date accessed: 24 July 2014.


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ANNO 31 EDWARD I.

Monday next before the Feast of S. Andrew, Apostle [30 Nov.].

Douegate (John de).—To Johanna his daughter in tail his tenement and parcel of land in the parish of All Hallows de Honilane, together with chests, cupboards, counters, &c., in the parish of S. Mary le Bow in a seld called "Brantefeldesselde," which he had by demise of Dame Alice de Araz, relict of Robert de Araz; remainder to Alice his daughter. Also to his daughters Johanna, Margery, and Cristina certain sums of money and his cups of silver and of mazer (de mazero); the said sums of money to be left in the hands of Robert his apprentice for mercantile purposes, and he to take one fourth of the profits, the remaining three fourths being divided among his said daughters. No date.
Roll 31 (1).

Lewes (William de).—To Alice his wife for life, by way of dower, certain tenements and rents; also his dwelling-house in the parish of S. Martin Orgar, subject to a bequest to the fabric of the said parish church and for wax in the same; remainder to Robert his son. The wardship of his said son and of the goods of the same to be with Sir Robert the Chaplain and Alan le Cierger, until he shall arrive at the age of twentyone years. Also to the aforesaid Robert and to Edmund and John his sons tenements and rents in the parishes of Staningecherche, S. Botolph without Alegate, and S. Michael de Wodestrete. No date.


Whereupon came Alice, late wife of the testator, and put her claim upon certain rents, which had been left to her by way of dower, as having been granted by Stephen Bek to the testator and his wife and the heirs of them lawfully begotten. Also Roger de Rokesle, junior, claimed his right in two houses which he [the testator] held for a term of years, &c., and had devised in fee.

Roll 31 (10).

Monday next after Feast of Purification of V. Mary [2 Feb.].

Godard (Thomas).—To Johanna his wife his houses in the parishes of S. Michael Paternostercherche and S. Antonin for life; remainder to his next heirs. No date.
Roll 31 (11).

Wyrhale (Richard de), junior.—To Richard his eldest son his large house in the parish of S. Augustine near S. Paul's Grate, saving to Johanna his wife her rights, and also his mansion house in the said parish. His tenement in the parish of All Hallows de Bredstrete to be sold, and his nephew Richard Asshewy to have the refusal of it upon terms arranged by the testator in the presence of Friar Hugh de London, his confessor, and of Johanna his wife. To Isabella his daughter a tenement near the said church of S. Augustine. To Thomas his son and Johanna his daughter certain sums of money for their advancement. No date.
Roll 31 (12).

Cok (William), called "le fruter."—To Avice his wife all his houses in Fridaystrete, parish of S. Margaret Moysi, for life, with remainders over to Hugh his son, Elena his daughter, and Gerard his son in successive tail. No date.
Roll 31 (13).

Sprot (Henry).—To Isabella his wife tenements near Ludgate in the parish of S. Martin for life; remainder to Richard and Johanna his children. No date.
Roll 31 (14).

Nortone (Geoffrey de).—To Gregory his son all his tenements in the parishes of S. Mary Wulnoth and Wolcherchawe. To Agnes his daughter shops in the parish of S. Andrew Hubert, and rents issuing from the house of Robert Dereman within Bisshopesgate and in the said parish of S. Mary de Wollechirchawe. Isabella, late wife of the testator, mentioned as one of his executors. No date.
Roll 31 (15).

Wastel (Simon).—To Emma his wife his tenement in Athelingestrete, (fn. 1) parish of S. Benedict at le Wodewarf, for life, with remainder to pious uses. Should she, however, wish to sell the same, she is to have one moiety of the proceeds, and the other moiety to be devoted to pious uses. No date.
Roll 31 (18).

Monday next before the Feast of SS. Philip and James [1 May].

Cavendihs (John de).—To Alice de Cavendihs houses in Bradestrete, parish of S. Peter, for life, with remainder to Geoffrey his son. No date.
Roll 31 (37).

Hurer (fn. 2) (Theobald le).—To Gunnilda his wife a tenement in the parish of S. Olave near the Tower for life; remainder to Cristina his daughter, charged with maintaining a wax taper before the altar of S. Mary in the said parish church; remainder in default of heirs to pious uses. A portion of rent of the above tenement to be devoted to a weekly mass in the said church. No date.
Roll 31 (39).

Chaundeler (Johanna, late wife of Roger le).—Her shops in the parish of S. Mary de Colecherche to be sold to fulfil her testament, and Matthew de Foleham, chandler, formerly her husband's apprentice, to be preferred as purchaser by five marks. No date.
Roll 31 (40).

Horner (William le).—To the fabric of the chapel of S. Mary in the church of S. Botolph without Bisshopesgate for his sepulture twelvepence annual rent in the said parish of S. Botolph. To Alice his wife his tenement for life, on the condition that if she marry again she is to keep the same in repair and maintain his youngest daughter, on pain of eviction. No date.


Whereupon came Thomas, son of Geoffrey de Beckles, being under age, and put his claim upon the said testament by the said Geoffrey his guardian, inasmuch as the testator held not the said tenement in fee, but only in fee tail (feodum talliatum). (fn. 3) A note follows that the said testament was not accepted nor admitted owing to the witnesses differing in the probate, to wit, John le Gardiner, the first witness, saying that the testator made his testament on Wednesday next before the Vigil of the Ascension last past, &c., and John le Hornere, the second witness, saying that the same was made on Thursday next before the Ascension last past, &c.

Roll 31 (44*).


[Here is a space left in the Roll, with a marginal note that it was so left for the testament of Hugh de Wollechirchehawe, which was not admitted because the witnesses did not agree upon examination.]

Monday the Morrow of the Feast of H. Trinity [2 June].

Coreby (Roger de), chaplain, late Vicar of Piritone. (fn. 4) —His tenement in the parish of S. Dyonisius de Baggechirche to be sold for pious uses and for the support of Reginald his father. No date.


Whereupon came Robert, son of Robert le Treihere, a minor, and challenged the said testament by Thomas de Flete, his uncle, respecting the above tenement, inasmuch as the testator had no right to devise it, because he had no entry except by demise of Gilbert Ie Armurer and Agnes, wife of the same, to whom his aforesaid father Robert le Treyhere gave it, contrary to the form of the gift (fn. 5) which John de Flete, chapeler, had made to the said Robert in frank-marriage with Johanna his daughter and to the heirs of them lawfully begotten, so that the said Robert and Johanna could not disinherit their heirs; in testimony whereof he produced a certain deed, and asked that the devise of the said tenement should not be allowed to the disherison of the claimant.

Roll 31 (44).

Cutepointer (Giles le).—To Walter his son his house and garden in the parish of S. Cristopher, London, except a plot of ground which he leaves to Ingelram his son in order that he may extend his house. To the said Ingelram and to Walter his youngest son houses in the parish of S. Bartholomew the Less. To Guiot his son certain rents and the reversion of houses left to his other sons. To Cristiana his wife the custody of his sons under age so long as she remains unmarried. To London Bridge half a mark. No date.


Whereupon came the said Cristiana and challenged the testament, inasmuch as in one of the tenements so left to his sons the testator had only a life interest, and as to another, it was acquired by herself conjointly with her husband for the term of her life, with remainder to the heirs and assigns of the said testator; in testimony whereof she produced a deed. And the said Cristiana asked that the said devises should not be accepted nor ratified to the prejudice of her fee and right, as also of her frank tenement.

Roll 31 (53).

Monday next after the Feast of S. James, Apostle [25 July].

Burntone (William de). clerk.—His houses in London to be sold, and the proceeds to be distributed as follows: to Dame Alice de Panbrige twenty-six pounds thirteen shillings and four- pence, and to Margaret her daughter for her marriage forty pounds. No date.


Whereupon came Herman de Hereford, on behalf of Sir Roger de Suttone, and challenged the said testament, for that the testator had but a life interest in the above houses by demise of the said Sir Roger, in testimony whereof he was prepared to produce documents. But inasmuch as the said Herman did not produce them nor fully certified the Court of his right, administration was granted to the executors saving his claim.

Roll 31 (55).

Foleham (Avice de).—Her shop in Briggestrete in the parish of S. Magnus to be sold, and Robert de Foleham to be preferred as purchaser by twenty shillings. To the work of London Bridge twelvepence. No date.
Roll 31 (57).

Monday next after the Feast of S. Luke, Evangelist [18 Oct.].

Reygate (Richard le), goldsmith.—To Margery his wife tenements near the gate of the Augustine Friars in the parish of S. Peter de Bradestrate for life; remainder to William, John, and Simon his sons, their heirs and assigns. To Isabella, Katherine, Cecilia, and Margaret his daughters, and the heirs of their respective bodies, a brewhouse with divers houses, shops, &c., situate near the aforesaid gate of the Augustine Friars, and also in the parish of All Hallows by London Wall. A moiety of a shop in Westchep in the Goldsmithery, in the parish of S. Peter de Wodestrete, to be sold to pay debts and legacies. No date.


The following clause was not allowed:—that none of his heirs to whom any tenement left, as above, to his daughters should devolve, by reason of failure of heirs of their respective bodies, should have power to alien or sell the same, but that the same should descend from one heir to another of his blood in manner prescribed.

Roll 31 (74).

Footnotes

1 See note supra, p. 13.
2 See note supra, p. 97.
3 See next page, note.
4 Pirton, co. Oxon.
5 The statute De Donis Conditionalibus(13 Edw. I., c. 1, called also the Statute of Westminster the Second), of which mention has been already made (supra, p. 150, note), enacted "that the will of the donor, according to the form in the deed of gift manifestly expressed, should be from thenceforth observed; so that they to whom the tenement was given should have no power to alien it, whereby it should fail to remain unto their own issue after their death, or to revert unto the donor or his heirs if issue should fail." Since the passing of this statute a gift to a man and the heirs of his body has always been called a tail fee (feodum talliatum, i.e., fee curtailed or cut down), and any attempt to set aside the manner of descent was met by a writ of formedon, so called because the heir claimed per formam doni, according to the form of the gift, which the statute had enacted should be in all cases observed.