MRP: Edward Kelke (junior) will

Edward Kelke (junior)

PROB 11/293 Pell 350-399 Will of Edward Kelke of Grayes Inn 21 June 1659

Editorial history

13/12/11, CSG: Restructured page

Abstract & context

Edward Kelke's will was contested shortly after its sole executrix, Elizabeth Dallison, was granted administration.

Several surviving Chancery manuscript documents together with a printed report of a Chancery Master's opinion enable a partial reconstruction of the suit. The suit was brought by Alexander Emerson, a Lincoln's Inn lawyer, who was the husband of Frances Kelke, one of the nieces of Edward Kelke (junior). Frances Emerson (nee Kelke) was one of XX daughters of the by then deceased Robert Kelke of Barnatby-le-wold, Lincolnshire, gent.

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Transcription

IN THE NAME OF GOD AMEN I Edward Kelke of Grayes Inne in the Countie of Midds Esquire being of sound and perfect mind, memorie and understanding though at present sicke and weake of bodie, knowing the certaintie of death and incertaintie of the time thereof doo this sixth day of December one Thousand sixe hundred ffiftie eight make and declare my last will and testament in writing in manner and forme following,

FFIRST and principally I recommend my soule into the hands of God that gave it, My bodie I leave to the earth from whence it came To be buried in the parish Church of Saint Mary in Sandwich in the Countie of Kent In which towne of Sandwich I was borne

ITEM I give the summe of Twentie pounds to be disposed of for the benefit of the poore of the said parrish as a standing gift of mine

ITEM I give to the poore of the towne of Sandwich aforesaid thirtie pounds to be distributed among them at the discretion of my executrix hereafter named

ITEM I will and appoint That there shalbe bestowed the summe of three hundred pounds for my ffunerall expence in such manner as my executrix shall thinke fit.

ITEM I give and bequeath to my worthie friends M:r George Coke and his wife one hundred pounds a peece To M:r George Oxinden [later ["Sir George Oxenden"]]^[1] thirtie pounds To M:r Christopher Oxinden "Christopher Oxenden"^[2] twentie pounds To Mr ffrancis Raworth^[3] one hundred pounds To Robert Raworth Esquire and Catharine his wife^[4] twentie pounds a peece To my Cosin Skepper^[5] fortie pounds and to his wife^[6] tenne pounds To M:r Kelke a Brasier and his wife^[7] five pounds a peece To M:r Tobyell Aylmer "Tobell Aylmer"^[8] Twentie pounds To M:rs Perryn^[9] tenne pounds. To M:rs Grigg^[10] sixe pounds To: M:rs Roberts twentie pounds over and besides the thirtie pounds I owe her, To Sarah Waynmann^[11] five and twentie pounds; To Maximilian Dalyson Esquire "Maximilian Dallison" one hundred pounds. And in case my worthy friend M:r Richard Oxinden^[12] shall not marrie but dye without issue Then I give to the said Maximilian Two hundred pounds more To be paid after such death of the said Richard, And I give to the said Maximilian fiftie pounds more in satisfaction of a horse I had of him

ITEM I give to Frances wife of the said Maximilian the summe of fiftie pounds

ITEM I give to my worthie friend Elizabeth Dalyson "Elizabeth Dallison"widdow a summe of one hundred pounds. All the rest and residue of my Leasees, mortgages, forfeited and not forfeited, goods, Chattells and personall estate whatsoever I give and bequeath to the said Elizabeth Dallison (sic), whome I make and ordaine sole executrix of this my last will and testament Not doubting but that she will iustly and faithfully pay all my debts and legacies and performe this my will in everie particular, All which severall Legacies I will she should not be streightened in the times of payment of, but the same be paid as I have or shall appoint by this my will. And I hereby revoke All former wills by me made.

THIS IS THE LAST WILL AND TESTAMENT of me the said Edward Kelke made and declared the day and yeare first above written touching the disposicon of all and singular my messuages, lands, tenements and hereditaments whatsoever, I give and devise All and singular my messuages, lands, tenements and hereditaments whatsoever in the towne of Sandwich in the said Countie of Kent and in the townes, fields, parishes and hamlets of Woodnesborough als. Wynnesburgh next Sandwich, Shoulden, Tilmanstowne or wheresoever in the said Countie of Kent to the said Elizabeth Dalyson my executrix, To have and to hold the same to her the said Elizabeth Dalyson her heires and Assignes To the use of her the said Elizabeth Dalyson her heires and Assignes for ever Upon trust and confidence That she will so soone as conveniently she may after my death sell and dispose of the said messuages lands and premisses, And out of the moneys arising by sale thereof pay my said debts Legacies and ffuneralls, of what my personall estate shall fall short. And the residue of the money arising by sale of the premisses I give and bequeath to the said Elizabeth Dalyson to her owne proper use

IN WITNESSE WHEREOF I the said Edward Kelke have to this my will written in two sheets, to either set my hand and to the last my seale the day and yeare first above written

EDWARD KELKE

Signed sealed published and

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Declared by the abovenamed Edward Kelke as the last will and testament the day and yeare first abovewritten

IN THE PSENCE OF WILLIAM PARKER, ROBERT RAWORTH, JOHN CHAPMAN, ?JANE ?TULLYFORD (or, ??SULLYFORD)

THIS WILL was proved at London before the Judge for probate of wills and granting Administraccone lawfully authorized the one and twentieth day of June in the yeare of our Lord God one thousand sixe hundred ffiftie nine by the oath of Elizabeth Dalyson The sole executrix therein named, To whome Administracon of all and singular the goods Chattells and debts of the said deceased was granted and committed, She being first legally sworne truely to administer, The said will being confirmed by XXXXXX diffXXXXX in that behalfe and promulgated.

Received this 25:th of June 1659 y:e originall will
of y.e said Edward Kelke Esq.r dece:d
to and for y.e use of my clyant Elizabeth
Dalyson y:e executrix therin named
By me RobXXth

Wilm le: Browne

Exaied and Compared
w:th y.e originall
By us Le: Browne:
John Whyte

Notes

Possible primary sources

↑ George Oxenden, later Sir George Oxenden, was a merchant, friend of Edward Kelke, and a younger brother of Elizabeth Dallison
↑ Christopher Oxenden was a merchant, friend of Edward Kelke, and a younger brother of George Oxenden and Elizabeth Dallison
↑ Probably Francis Raworth (junior), son of Francis Raworth (senior) and brother of Robert Raworth
↑ Robert Raworth was a lawyer of Gray's Inn, and legal advisor to both the Dallison and the Oxenden family. He prepared Edward Kelke's will, and was a co-defendant with Elizabeth Dallison and others in a suit following the award of probate on Kelke's will to Elizabeth Dallison
↑ Possibly John Skepper (alt. Skipper), of St. Michael's, Cornhill, London, tallowchandler, who married Elizabeth Kelke of St. Michael's, Cornhill, London, in 1657. See Joseph Lemuel Chester (ed.), The parish registers of St. Michael Cornhill (London, 1882), p. 37
↑ See possibly PROB 11/277 Wootton 264 – 313 Will of Elizabeth Skepper or Skipper, Widow of Barrow, Lincolnshire 30 June 1658
↑ Probably Thomas Kelke, brazier, of St. Michael's, Cornhill, London, who died May 1667, and his wife Mary. See Joseph Lemuel Chester (ed.), The parish registers of St. Michael Cornhill (London, 1882), pp. 122, 124, 126, 270
↑ Retired East India merchant and relative of the Oxenden family
↑ Mentioned in TNA, C9/243/65
↑ Mentioned in TNA, C9/243/65
↑ Sarah Waynman was the long serving servant of Elizabeth Dalyson, who, following Elizabeth's death in 1665, married Richard Oxinden. Elizabeth's son, Maximilian Dallison, cheated Sarah out of a generous bequest by Elizabeth of £500, which Elizabeth's brother, Sir George Oxenden, subsequently made up in his own will
↑ Richard Oxinden was the cousin and close friend of George and Christopher Oxenden, and of Elizabeth Dallison; younger brother of Henry Oxinden of Barham. Following Elizabeth Dallison's death he married Sarah Waynman, Elizabeth's former maid, by whom he had a son, also named Richard. Richard senior died in 169X, leaving his widow and son. The son died in 170X. Presumably the original copyist of Edward Kelke's will made a copying error, since there is no specific bequest to Richard Oxinden, despite the reference to the event of him dying without issue

[1] George Oxenden, later Sir George Oxenden, was a merchant, friend of Edward Kelke, and a younger brother of Elizabeth Dallison

[2] Christopher Oxenden was a merchant, friend of Edward Kelke, and a younger brother of George Oxenden and Elizabeth Dallison

[3] Probably Francis Raworth (junior), son of Francis Raworth (senior) and brother of Robert Raworth

[4] Robert Raworth was a lawyer of Gray's Inn, and legal advisor to both the Dallison and the Oxenden family. He prepared Edward Kelke's will, and was a co-defendant with Elizabeth Dallison and others in a suit following the award of probate on Kelke's will to Elizabeth Dallison

[5] Possibly John Skepper (alt. Skipper), of St. Michael's, Cornhill, London, tallowchandler, who married Elizabeth Kelke of St. Michael's, Cornhill, London, in 1657. See Joseph Lemuel Chester (ed.), The parish registers of St. Michael Cornhill (London, 1882), p. 37

[6] See possibly PROB 11/277 Wootton 264 – 313 Will of Elizabeth Skepper or Skipper, Widow of Barrow, Lincolnshire 30 June 1658

[7] Probably Thomas Kelke, brazier, of St. Michael's, Cornhill, London, who died May 1667, and his wife Mary. See Joseph Lemuel Chester (ed.), The parish registers of St. Michael Cornhill (London, 1882), pp. 122, 124, 126, 270

[8] Retired East India merchant and relative of the Oxenden family

[9] Mentioned in TNA, C9/243/65

[10] Mentioned in TNA, C9/243/65

[11] Sarah Waynman was the long serving servant of Elizabeth Dalyson, who, following Elizabeth's death in 1665, married Richard Oxinden. Elizabeth's son, Maximilian Dallison, cheated Sarah out of a generous bequest by Elizabeth of £500, which Elizabeth's brother, Sir George Oxenden, subsequently made up in his own will

[12] Richard Oxinden was the cousin and close friend of George and Christopher Oxenden, and of Elizabeth Dallison; younger brother of Henry Oxinden of Barham. Following Elizabeth Dallison's death he married Sarah Waynman, Elizabeth's former maid, by whom he had a son, also named Richard. Richard senior died in 169X, leaving his widow and son. The son died in 170X. Presumably the original copyist of Edward Kelke's will made a copying error, since there is no specific bequest to Richard Oxinden, despite the reference to the event of him dying without issue

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MRP: Edward Kelke (junior) will

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