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Fordington

Letter of Administration to Elizabeth the wife of Edward COLE of Fordington
for the Estate of Thomas PAINTER the elder of the Isle of Portland

Dated 15th May 1756

İTranscribed by Michael Russell OPC for Fordington January 2012


NOTE:- Letters of Administration: When a person died intestate [i.e. leaving no will] the next of kin or a close friend would often have to apply to the probate court for Letters of Administration to enable them to take possession of and distribute the estate. The term 'estate' refers to the chattels, cash, debts and leases of the deceased. The ecclesiastical courts had no jurisdiction over bequests of freehold property. The applicant had to swear that there was no will, that the applicant would pay all funeral expenses and debts, administer truly, and submit a true inventory and account of his/her stewardship. The inventory itemised the estate held by the deceased, including leases, chattels, debts owed and owing, cash, crops, stocks and slaves. No account of real estate (land) was normally taken in estimates and totals. The Court then granted Letters of Administration and might require the administrator to enter into a bond to administer the estate faithfully, in which case a copy of the act was endorsed on the document.

A Bond is a binding agreement with a penalty for non performance. A bond deed is in two parts, the Obligation and the Condition. Before 1733 the Obligation, which records the penalty, was written in Latin. The Condition describes what the bonded person has undertaken to do, or otherwise committed himself or herself to (e.g. administer an estate), and was always in English.

In this particular case a Will was made but the executors named were under age and not therefore lawfully able to act. The Court therefore chose to issue Letters of Administration to the executors mother Elizabeth COLE


Letter of Administration 7th May 1756

The Obligation:

Know all men by these presents:

That we Edward COLE of Fordington in the County of Dorset, Miller, and John DOE are held and firmly bound unto the Reverend John WALKER Clerk Master of Arts Principal Official of the Reverend Edward HAMMOND also Clerk Master of Arts Archdeaconry of Dorset lawfully constituted in the sum of one hundred pounds of lawful money of Great Britain to be paid to the said John WALKER or his certain Attorney to make which payment well and truly we bind ourselves and each of his jointly and severally for the whole our heirs executors and administrators firmly by these presents Date the Fifteenth day of May in the year of Our Lord One Thousand Seven Hundred and Fifty (1).


The Condition:

The Condition: of this obligation is such that if Elizabeth (wife of the above bound Edward COLE) Administratrix of all and singular the goods chattels and credits of Thomas PAINTER the elder late of the Parish and Isle of Portland in the County and Archdeaconry aforesaid deceased together with his last Will and Testament in writing annexed during the minorities of her sons William PAINTER and Thomas PAINTER Executors named in the said Will of the deceased do well and truly administer perform and fulfil the last Will and Testament of the said deceased for the use profit and advantage of the said William PAINTER and Thomas PAINTER the minors aforesaid so far forth as the said goods chattels and credits will extend and also do make or cause to be made a true and perfect Inventory of all and singular the goods chattels and credits

    And the same so made do exhibit, or cause to be exhibited, into the Registry of the Court of the Archdeacon aforesaid on or before the last day of November next ensuing
    And also do make and render a true and just Account of and upon her Administration in the Premises at such time and as soon as she shall be thereto lawfully required
    And further do well and sufficiently maintain and bring up the said William PAINTER and Thomas PAINTER in good and honest education allowing unto them competent meat drink and apparel and all other things necessary until they attain to full age or be married Then this obligation to be void or else to remain in full force and virtue.



Signed: Edward COLE

Sealed and delivered (being first duly stamped) in the presence of Thomas MORRIS

 

On the day and year first above written the above named Elizabeth COLE was sworn well and faithfully to administer all and singular the goods chattels and credits of the above named Thomas PAINTER the elder deceased also to perform the last Will and Testament of the said deceased during the minorities and for the use benefit and advantage of William PAINTER and Thomas PAINTER Executors named in the said Will also to exhibit a true and perfect inventory of the goods chattels and credits of the deceased into the Register of the Court of the Archdeacon of Dorset aforesaid and to pass a just Account of and upon her administration in the Premises when she shall be thereto lawfully required.

Sworn before me John HUBBOCK


The Will of Thomas PAINTER Senior
Of Portland in Dorset

Dated 7th March 1755


In the name of God Amen: that upon the seventh day of March in the year of our Lord God One Thousand Seven Hundred and Fifty five I Thomas PAINTER Senior of the parish of the Isle of Portland in the County of Dorset being sick and weak in body but of a good sound mind and perfect memory and remembrance thanks be to God for the same do make and ordain this to be my last Will and Testament in manner and form following.

First I bequeath my soul into the hands of Almighty God and my Body to a christian burial and what the Lord hath pleased to lent men I do here order give and dispose of the same In manner and form as followeth

First I give and bequeath unto my two cozens William PAINTER and Thomas PAINTER sons of my grandson Thomas PAINTER late deceased All that my now messuage dwelling house or tenement outhouses barn stables yards backsides and gardens together also with all that my close of meadow ground thereunto adjoining or to that part belonging or in anywise appertaining being in Portland aforesaid in the village of Eastion all which before dwelling house barn stable yards places backsides and gardens Together with the meadow close and every part thereof I do give unto my two cozens William PAINTER and Thomas PAINTER equal to be divided between them freely to give or to sell unto them and their heirs for ever according to the custom and manner of Portland with all the premises and appurtenances and the yearly and customed rents thereunto belonging

Also I give and bequeath unto my granddaughter Sarah DAVICE the present wife of William DAVICE all that my one half acre of arable land being in Portland aforesaid in the Droopffield in a furlong there called Garmers Lands and also one yard more of the like arable land being in Portland aforesaid in a certain field there called Nether Bresson all these three yards of arable lands named I give unto my Granddaughter Sarah DEVICE freely to give or to sell unto she and her heirs for ever according to the custom and manner of Portland with all its appurtenances and the yearly and accustomed rents there unto belonging

Also I do here give unto my Granddaughter Alce [Alice] PAINTERS All that my one half acre of arable land being in Portland aforesaid in the Droopffield in a furlong there called above Westons Well And also one half acre more of the like arable land being in Portland aforesaid in the South field in a place or furlong there called above Bollons These two half acres of arable land I Give unto my granddaughter Alce PAINTERS freely to give and to sell unto she and her heirs for ever according to the custom and manner of Portland with all the premises and appurtenances thereunto belonging.

Also I do here give unto my cozen William PAINTERS son of my grandson Thomas PAINTER late deceased all that my one yard of arable land being in Portland aforesaid in a certain field called Eastfield and furlong there called Yalland freely to him to give and to sell unto him or his heirs for ever according to the custom and manner of Portland with all its appurtenances and the yearly and accustomed rents thereunto belonging.

Also I do here Nominate and appoint my two Cozens William PAINTER and Thomas PAINTER ye two sons of my grandson Thomas PAINTER late deceased equal to be my full and sole executors to have all my goods moveable and unmovable ?guck & Ded? and to pay all my debts and funeral expenses & to prove my Will within convenient time after my decease and also my Will and desire is that know part of my household goods or utensils or implements of household stuff shall be removed from or out of my present dwelling house or out house from where it now standeth unless it be by and with the general consents of both executors

Know further then the value thereof to pay my debts and funeral expenses of this my last will and Testament revoking and disannulling and making void all other former Wills and bequests by me formally made and I declare this only to be my last will and testament

In Witness whereof the said Thomas PAINTER Senior have hereunto set his hand and seal Dated the day and year first above written

 

The mark and seal of
Thomas (T.P.) PAINTER


Signed sealed and declared by the Said
Thomas PAINTER Senior as his Last will
and Testament In the presence of us



Witnesses:
Wm [William] MOULAM
Joseph COLLINS
Augustine ELLIOTT


May 15th 1756 Elizabeth COLE was sworn to the truth of this Will being the Last Will and Testament of Thomas PAINTER Senior -- Before me John HUBBOCK Surr [Surrogate]
Genealogical Note:-

(1).The Letter of Administration is dated 1750 but refers to a Will attached dated 1756. On the back of the will the oath of Elizabeth Cole is annotated and dated 15th May 1756 so date in LA is a clerical error.

(2). Thomas PAINTER was buried at Portland on 20th March 1755 no additional information is given in the parish register

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