MRP: Anthony Upton will
PROB 11/332/115 Will of Anthony Upton of Seville 25 January 1670
PROB 11/332 Penn 1-66 Will of Anthony Upton of Seville 25 January 1670
Editorial history
19/12/11, CSG: Created page & posted transcription to wiki
Contents
Abstract & context
Anthony Upton was an English merchant based in Seville. He was the son of John and Dorothy Upton of XXXX, near Dartmouth in Devon.
In Seville he served as the factor of the London merchant Christoper Boone.
Links
See Christopher Boone will (Anthony Upton was Christopher Boone's factor in Seville, Spain)
See Seville
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Transcription
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IN THE NAME OF GOF AMEN Know all that shall see these X presents that I Anthony Upton Englishman at present resident in this citty of Sivill lawfull sonne which I am of John Upton and of Dorothy Upton his wife my parents deceased late of ?Oton neare Dartmouth in the kingdome of England where I was borne being well and in health and in my naturall judgment memory and understanding doe say That soe soone as I am dead my Body shall bee buried in the part and place that my Zrustees or either of them shall thinke good to whose pleasure I referr it and by this declaracon I doe will and ordaine that my goods shall be disposed of as followeth
FFIRST, I willand my desire is that of my goods there be given to Hugh and Thomas Upton my brothers dwelling in the citty of London That is to say, to the said Hugh Upton One Thousand Rialls of eight dilver money and to the said Thomas Upton ffive hundred Rialls of eight so soone as I am dead
ITEM I will and my desire is that there be given to Christopher Boone dwelling in the citty of London ffive hundred Rialls of eight silver money for a Jewell for the ffriendship I have for him
ITEM I will and my desire is That of my goods there be given to Banjamin Bathurst my partner and to Joseph Gilbert my Bookekeeper and to John Mathews dwelling in the citty of Cadiz who are to be my Trustees That is to say To the said Benjamin Bathurst ffive hundred Rialls of eight silver money To the said Joseph Gilbert other ffive hundred Rialls of eight and to the said John Mathews Two hundred Rialls of eight
ITEM I doe declare That in this citty I have bookes of Accompt with cleare ?parcells of what is oweing to me and what I owe and also of the company that I have with the said Benjamin Bathurst which I declare are certen and true My will is that he stand to and abdide by them which shall be adjusted and what shall appear by my said Bookes and accompts I doe owe shall be paid and what shall appeare by them is oweing to me shall be received And to accomplish and pay the contents of this declaration I doe name for my Trustees and Executors of this my will the said Benjamin Bathurst Joseph Gilbert and John Mathews and Gilbert Upton my brother dwelling in the said city of London unto whom and unto every of them ?insolidum I doe give full power in my goods to accomplish and pay the contents of this declaration And to collect all my goods and estate and recover and receive the same and administer and take up and dispatch in the customehouses of this citty and of whatsoever other places of these kingdomes and elsewhere and recover and receive of the Administrato:rs
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ADMINISTRATORS Treasurers and collectors thereof of whatsoever Owners and Masters of ships all the goods that are or shall come unto me from whatsoever places of these kingdomes or elsewhere As well those that are or shall come consigned to me As those that are or shall come consigned to whatsoever other persons andwhich I am to have and which belong unto me in any manner whatsoever and to pay the duties of their dispatches and sell and receive the proceed thereof And to demand and take accompt with certaine and true payment by Arbitrators or otherwise of all persons that are to give it me and to charge them and receive their just and due discharges and approve the said Accompts or recall add to and contradict them and desire that they may be made againe And to recover and receive what I am to have thereby And with all my debtors and with other persons in their names to make and efefct whatsoever Agreements transactions ?releasements discharges and forbearances for the summe and time that they shall thinke good and to recover and receive what shall be found coming to me by such agreements And of whatsoever they shall recover and receive to give and acknowledge acquitances releases and discharges and such other writings as shall be needfull and caused whatsoever writings and other evidences And where the payment shall not appeare to be present to acknowledge the receipt and ?renouce the exception and Lawe of the ?pernia and others that shall be needfull And for the said recoveries to consist in Law and doe all the acts and diligences Judiciall and extrajudiciall that shall be convenient and needfull and shall be required to be done for which I doe give to them the power that by law is required with free & generall Administracon And the contents of this declaration being accomplished and paid in the residue that shall remiane and be left of all my goods reall and personall debts titles rights and actions that I have and shall have at the time of my decease in these Kingdomes and elsewhere And I doe leave and name for my universall heire the said Gilbert Upton my brother dwelling in the said citty of London to have and inherit all the same for himselfe in propriety and possession and doe and dispose therewith at his pleasure for as much as I doe declare that I have not any ?forcible heires ??Ascendento' or Defendents that ought to inherit my goods which I doe give in the best way and forme of law Provided that the said Gilbert Upton and John Upton my Brothers doe devide of the goods of my Inheritance ffower thousand Rialls of eight silver money amongst my nephews and neeces children of my other brothers Giving to each of them the summe that they shall thinke good od the said foure thousand Rialls of eight according to the necessity of each of them And I doe revoke anull and make void and of no effect and value all and whatsoever declaracons and dispositions which before this I may have made and acknowledged by way of Testament or in any other manner whatsoever that they may not be of value nor give ffaith in Judgement Court nor elsewhere except this Declaration which I now acknowledge before the present Notary Publicke and Witnesses which I will shall be of value and give ffaith in the way and forme most consonant to Law This wreiting was made in Sivill the Ninth say of the moneth of May Anno One Thousand six hundred sixty three And the said Declarer who I the present Notary Publick doe give ffaith to know did subscribe it with his name in the Register in the presence of John Lafare and Peter del Rosal and Balthazar Lopez Almarron Notaries of Sivill
I GAVE THIS COPIE the day of the date hereof whereof I doe
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DOE give ffaith I Sebastain Lopez ?Almararr Notary Publick of Sivill did cause it to be written and have made my signe This Transclation agree in substance with the Originall Lucas Emano No:re Pub:lik
IN THE NAME OF GOD AMEN I Anthony Upton doe declare this to be my Last will and Testament being perfect in memory and knowledge though infirme in body and declare That whereas I have a will made before ?Ss:an Lop:ez Albazar a Scrivener of this Citty of Sevill about the yeare 1661 I doe have it in its forece as to y:e recovery of all effects and estates I have in Spaine & all other parts and doe withall order That it shall be done with the assistance and accord of my Nephew William Champneys now present in this citty of Sevill and being soe recovered That I doe impower my Brothers M:r Gilbert and M:r Thomas Upton and my said Nephew M:r William Champneys to recive the same into their power and doe declare them to be my Executors Giving to each of them ffive hundred pounds sterling as a Legacy which they are to receive out of my estate and the overplusse thereof I doe impower my said three Executors to give amongst my Nephews and Neeces to chose that they may thinke best declare it and have most need of it wherein I doe give them full power to act as they may think convenient takeing away from all others any pretence that may be by Law or otherwise pretended dated in Sevill the Eighteenth day of July One Thousand six hundred sixty and nine New Stile A
Anthony Upton
WEE WHOSE NAKES are here underwritten doe declare That the XX within written will was made in every pticuler according to the order given by M:r Anthony Upton in our p:rsence and that s:d sam was read to him and he declared the same in every pticuler to be according to his desire and the scribbleing firme put under it was done by his own hand as endeavouring to firme the same But could noe otherwayes then that which there appears
IN WITNESSE wee sett our hands in Sevill the day & yeare within
Brian ??Tauson
WEE ALSO DECLARE That the within written Instrument was sealed and delivered by y:e said M:r Anth:o Upton as his Act & Deed for the use of the within named John ffrederick Jun Jo:n Dunstan Ben: Bathurst Ben: ?Roqueby Charles Benn Brian ?T:auson An:r Duncan Jos: Goddard John Sitwell
PROBATE ap:d ades Exon scituat in le Strand in Com Middx FUERE due Schedule Testamentaria in ?eisdem continentes ultinam XXXxtatem Anthonÿ Upton defuncti coram venerabili vira domino Edidis Swoit Milite Legum Doctore Surrogato ven:rabilis et egregis viri Dunini Leolin Jenkins Militis at etial Leg:m Doctoris curia Prerogativa Cantuariensis Magister Custodies sive Commissarÿ legitime constituti Viresimo quinto die Mensis Januarÿ Anno Domini (juxtacursum et computatooin Ecclessia Anglicanae) Malesimo Sexcentesimo Xeyagesimo Nono Juramento Gilberti Upton Executorum XXXX in XXX Schedulis Testamentariis nominate et Thoma Uoton Executorum alterius in pistremia dictarum Schedularum Testammtar
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TESTAMENTARUM etiam nominat Quibus commissa fuit Administraco omnium et singular bonorum jurium et cred ditti defuncti de bene et fidliter Administrando ead:m ad Sancta Dei Evangelia Jurat ex:r
Notes
Possible primary sources
TNA
PROB 11/332 Penn 1-66 Will of Anthony Upton of Seville 25 January 1670
PROB 11/422 Box 187-224 Will of Gilbert Upton, Merchant of London 28 February 1694
