ID: MARG_298

TitleWill of Edmund Kidby of West Hanningfield 1713
AbstractWill of Edmund Kidby of West Hanningfield 26 May 1713 transcribed from TNA PROB 11/534/26

Transcribed by Jools Hoyle May 2021

Abstract
Last will and testament of Edmund Kidby

Date of will 26 May 1713
Date of Probate 8 July 1713

Rector of both East and West Hanningfield, and Lord of the Manor of West Mersea, having inherited the latter from his father, John Kidby, the Rector of Shenfield.

He directs that a marriage settlement in favour of his wife, Anne, be honoured for the rest of her life, after which time the property involved (not named) is to descend to his eldest son, John, when he comes of age. He also leaves her the use of all his personal household goods for the rest of her life, after her death these are to be disposed of and the proceeds divided equally between his 3 children.

He leaves leasehold land and buildings at Hadham, in Hertfordshire, to his second son, Thomas.

He leaves sums of money to all three of his children, John, Thomas and Anne, to be given to them at age 21

He leaves the Lordship of the Manor of West Mersea, together with a holding of marshland at Latchingdon, and all his books to John, appointing his brother-in-law, John Hawkins as guardian of John, giving him the responsibility of seeing that John gets a university education.

He appoints John Hawkins, and his nephew Edmund Kidby as trustees whilst his children are under age, and also makes these two his joint executors.

He leaves twenty shillings to his servant, John Savage and makes bequests of forty shillings to the poor of both East and West Hanningfield.

Transcription
There is a translation to Modern English further down the page

T[esta]m[entum]
Edmundi Kidby


1. In the Name of God Amen I
2. Edmund Kidby [Note 1] of West Hanningfeild in the County of Essex Clerke
3. being sick in Body but of sound and disposing mind and memory calling
4. to mind the uncertainty of human life doe make and Ordain this my
5. last Will and Testament in manner following First and Principally
6. I reco[m]mend my Soule to God that gave it and my Body to be buryed
7. at the discretion of my Executors hereinafter named and as touching
8. such Worldly Estate as God of his mercy hath been pleased to bestow
9. upon me I dispose thereof as follows Imprimis I Will that all my
10. just Debts be duly paid also I Will that my dear and loveing Wife
11. Anne doe quietly enjoy her Joynture [Note 2] during her life according to the
12. Settlement made on our Marriage and That my eldest Son John
13. Kidby do likewise quietly enjoy the same after her decease pursuant to
14. the said Settlement alsoe I leave all my Copyhold [Note 3] Lands to descend to
15. my said Son John as my Heire alsoe all my Estate Right Tithe and
16. Interest of in and to all that my Leasehold Messuage [Note ]4 Tenement
17. or Farme with the outhouses Lands and Appurtenances thereto
18. belonging scituate lyeing and being in Haddam [Note 5] in the County of
19. Hertford and now or late in the tenure or occupation of Henry
20. Petchey his Assignee or Assignes I give Devise and Bequeath unto
21. my second Son Thomas Kidby his Exec[utor]s Adm[inistrator]s and Assignes To have
22. and to hold the same unto my said Son Thomas Kidby his Exec[utor]s
23. Adm[inistrator]s and Assignes for ever Also I give and Bequeath unto my
24. said Son Thomas Kidby the Su[m]m of Five Hundred Pounds of good
25. and lawfull money of Great Britain to be paid by my Executors
26. hereinafter nam[e]d unto my said Son Thomas soe soon as he shall attaine
27. his age of Twenty one years Also I give and Bequeath unto my
28. Daughter Ann Kidby the su[m]me of Eight Hundred Pounds of like
29. lawfull money to be paid by my Exec[utor]s hereinafter named unto my
30. said Daughter at her age of Twenty one years or day of Marriage
31. which shall first happen Alsoe all That my Mannor of West Mersey
32. with the Rights members and Appurtenances and all Fines [Note 6] and
33. amercem[en]ts [Note 7] and profitts of Courts [Note 8] (Excepting only Quitt Rents Note 9]) thereto
34. belonging And alsoe all That my Capitall Messuage Tenement or
35. Farme called West Mersey Hall with the Outhouses Lands Tenements
36. Hereditaments and appurtenances thereto belonging scituate lyeing
37. and being in West Mersey in the s[ai]d County of Essex and now or late
38. in the possession of Edward May his under Ten[n]ants or Assignes and
39. alsoe all those Great Tythes ariseing renewing growing or being
40. within the Parish of West Mersey aforesaid and now holden of me
41. by the said Edward May his undertennants or Assignes And alsoe all
42. That my Leasehold Marsh called Broad Marsh or otherwise with
43. the Appurtenances scituate lyeing and being in Latchendon [Note 10] in the
44. said County of Essex and now or late in the tenure or occupation of
45. the said Edward May his Assignee or Assignes I give devise and
46. Bequeath unto my loving Brother in Law John Hawkins of Islington
47. in the County of Middlesex Gent[leman] and my loveing Nephew Edmund
48. Kidby Citizen and Grocer of London and the Survivo[r] of them and
49. the Executors and Adm[inistrator]s of such Survivo[r] To have and to hold the
50. same untill such time as my youngest Child shall attain the age of
51. Twenty one yeares In Trust nevertheless and to the intent and purpose
52. that the said John Hawkins and Edmund Kidby and the Survivor of
53. them and the Exec[utor]s and Adm[inistrator]s of such Survivor after all deduct[i]ons
54. made for Taxes Repaires and all other incident Charges do pay and
55. apply the Rents Issues and profitts of the said Mannor Capitall Messuage
56. Lands Marsh and last menc[i]oned premisses in the education and
57. maintenance of my said Three Children namely John Thomas and
58. Anne and when and so soon as my said youngest Child shall have
59. attained the age of Twenty one years Then I give Devise and
60. Bequeath the said Mannor Capitall Messuage Lands Marsh Lands
61. and last menc[i]oned premisses with the Appurtenances unto my said Son
62. John Kidby his Heires Exec[utor]s Adm[inistrator]s and Assignes for ever Also I give and
63. Bequeath unto my said Son John Kidby my Library or Study of Books
64. intending he shall be brought up and educated at one of the Universities
65. Alsoe I Will that my said dear and loving Wife have the use of the
66. whole or such part of my Plate Linnen and Household Goods of
67. what kind or nature soever as she shall think fitt dureing the Term
68. of her naturall life and from and after her decease I Will that the
69. same or the value thereof when converted into money be equally
70. divided amongst my said Three Children To my Servant John Savage
71. I give Twenty Shillings Alsoe I give to the poor of the Parish of
72. West Hanningfeild Forty Shillings and to the poor of the Parish of
73. East Hanningfeild I give the like su[m]me of Forty Shillings I nominate
74. and appoint my said Trustees Mr John Hawkins and Mr Edmund
75. Kidby to be Joynt Executors of this my last Will and Testament hereby
76. revoaking all former Wills by me made and for their trouble in the
77. execution of their Trusts I give to each of them the su[m]m of one Hundred
78. Pounds Alsoe I hereby constitute and appoint the said John Hawkins to be
79. Guardian to my said eldest Son John Kidby until he shall attaine his
80. full age and desire he will take care of his education I leave it to the
81. discretion of my s[ai]d Executors to putt my said dear Wife and Family in
82. Mourning all the rest and residue of my Goods Chattells and personall
83. Estate whatsoever not before disposed of after my Debts Legacies
84. and Funerall Expences paid and discharg[e]d and my said Trustees and
85. Executors reimburs[e]d all such reasonable Charges and Expences as they
86. shall be at in the execution of this my Will I Will that the same be equally
87. divided amongst my said Three Children as they shall respectively
88. attaine their severall ages of Twenty one yeares And Further my mind
89. and Will is that the produce and increase of my said personall Estate until
90. my said Children shall attain such age as aforesaid shall be apply[e]d at the
91. discretion of my said Executors for the better education and maintenance
92. of all my said Children In Witness whereof I the said Testator to this my
93. last Will and Testament contained in Two Sheets of paper have to each
94. sheet set my hand and affixed my seale the Twenty Sixth day of May in
95. the Twelfth year of the Reigne of our Sovereigne Lady Queen Anne of
96. Great Brittaine &c Annoq[ue] D[om]i[ni] 1713 Edmund Kidby Signed Sealed Publish[e]d
97. and declared by the said Testator to be his last Will and Testament in
98. the presence of us who subscribed our names altogeather in the said
99. Testators presence Jo[hn] Shapcole Tho[mas] Manwood John Franklin

100. Probatum fuit hujusmodi Testamentum apud London
101. Octavo die Mensis Julij Anno Domini Millesimo Septingentesimo
102. Decimo Tertio Coram Venerabili Viro Johanne Exton Legum Doctore
103. Surrugato Prehonorandi Viri Domini Caroli Hedges Militis [Note 11] Legum
104. etiam Doctoris Curia Prerogativa Cantuariensis Magistri Custodis sive
105. Co[m]missarij legitime constituti Juramento Edmundi Kidby Executoris
106. superstitis in dicto Testamento nominat[ur] Cui Co[m]missa fuit Adm[mini]stratio
107. omnium et singulorum bonorum jurium et Creditorum dicti defuncti de
108. bene et fideliter Adm[ini]strando eadem Ad Sancta Dei Evangelia Jurat[ur]
                Exam[inatur]


Translation to Modern English by Jools Hoyle Feb 2022
Testament of Edmund Kidby

1. In the name of God, Amen, I
2. Edmund Kidby [Note 1] of West Hanningfield in the county of Essex, cleric
3. being in poor health but of sound mind and good memory, taking
4. into account the uncertainty of human life, make and ordain this, my
5. last will and testament, as follows. First, and most importantly,
6. I commend my soul to God that gave it and my body to be buried
7. at the discretion of my executors, named later. As concerns
8. such worldly wealth as God in his mercy has been pleased to bestow
9. upon me, I dispose of it as follows. Firstly, I will that all my
10. debts be paid. Also, I will that my dear and loving wife,
11. Anne, be allowed the quiet enjoyment of her rights in our joint estate for the rest of her life, according to
12. the settlement made on our marriage, and that my eldest son, John
13. Kidby, should do likewise following her death, in accordance with
14. the said settlement. Also, I leave all my copyhold lands (an ancient form of land tenure, land held at the will of the lord of the manor) to
15. my said son, John, as my heir. Also, all of my estate, rights, tithes and
16. interests relating to my leasehold house and buildings or
17. farm with the outhouses, land and all the rights and dues accruing to it
18. in Hadham (near Bishop's Stortford) in the county of
19. Hertford, which is currently, or until recently, occupied by my tenant Henry
20. Petchey or his assign or assigns, I give, devise and bequeath to
21. my second son, Thomas Kidby, his executors, administrators and assigns, to have
22. and to hold
23. for ever. Also, I give and bequeath to my
24. said son, Thomas Kidby, the sum of five hundred pounds of good
25. and legal currency of Great Britain, to be paid by my executors,
26. named below, to my said son, Thomas, as soon as he reaches
27. the age of twenty-one years. Also, I give and bequeath to my
28. daughter, Ann Kidby, the sum of eight hundred pounds of similar
29. legal currency, to be paid by my executors, named below, to my
30. said daughter at the age of twenty-one or on the day of her marriage,
31. whichever happens first. Also, all of my manor of West Mersea,
32. with all the rights and dues accruing to it, and all payments due from its tenants, and
33. discretionary fines and incomes from its manorial courts (Courts Leet and Courts Baron), (excluding only rents paid by tenants in lieu of other services)
34. And also, all my manor house, buildings, land or
35. farm called West Mersea Hall with the outhouses, land, and buildings
36. and all rights and dues accruing to it in
37. West Mersea in the said county of Essex, currently, or until recently,
38. in the tenancy of Edward May or his under-tenants or assigns;
39. also, all the tithes due or becoming due from land
40. in the parish of West Mersea aforesaid and held from me
41. by the said Edward May, his under-tenants or assigns and also, all
42. my leasehold marsh called Broad Marsh or otherwise, with
43. all the rights and dues accruing to it, situated in Latchingdon [Note 12] in the
44. said county of Essex and currently or until recently held or occupied by
45. the said Edward May, his assign or assigns, I give, devise and
46. bequeath to my loving brother-in-law, John Hawkins, of Islington
47. in the county of Middlesex, gentleman, and to my loving nephew, Edmund
48. Kidby, citizen and grocer, of London, and to the survivor of them and
49. the executors and administrators of such survivor, to have and to hold the
50. same, until such time as my youngest child reaches the age of
51. twenty-one years, in trust, with the intent and purpose
52. that the said John Hawkins and Edmund Kidby, or the survivor of
53. them, and the executors and administrators of such survivor, after all deductions
54. are made for taxes, repairs and all other incident charges, shall pay and
55. apply the rents, income and profits of the said manor, buildings
56. land, marshland and last-mentioned premises, to the education and
57. maintenance of my said three children, namely John, Thomas and
58. Anne. And, as soon as my said youngest child has
59. reached the age of twenty-one years, then I give, devise and
60. bequeath the said manor, buildings land, marshland
61. and last mentioned premises, with all the rights and dues accruing to it, to my said son
62. John Kidby, his heirs, executors, administrators and assigns, for ever. Also, I give and
63. bequeath to my said son, John Kidby, my library or collection of books,
64. intending that he should be brought up and educated at one of the Universities.
65. Also, I will that my said dear and loving wife should have the use of the
66. whole of my plate, linen, and household goods of
67. whatever kind, or whatever part she thinks fit, for the rest
68. of her natural life, and, from and after her death, I will that the
69. same, or the value of them, when converted into money, be equally
70. divided amongst my said three children. To my servant, John Savage,
71. I give twenty shillings. Also, I give to the poor of the Parish of
72. West Hanningfield, forty shillings, and to the poor of the Parish of
73. East Hanningfield, I give the like sum of forty shillings. I nominate
74. and appoint my said Trustees, Mr John Hawkins and Mr Edmund
75. Kidby to be joint Executors of this, my last will and testament, hereby
76. revoking all former wills made by me, and, for their trouble in the
77. execution of their Trusts, I give to each of them the sum of one hundred
78. pounds. Also, I hereby make and appoint the said John Hawkins to be
79. Guardian to my said eldest son, John Kidby, until he reaches
80. full age, and desire that he will take care of his education. I leave it to the
81. discretion of my said Executors to put my said dear wife and family in
82. mourning. All the rest and residue of my goods, chattels and personal
83. estate whatsoever, not already disposed of, and after my debts, legacies
84. and funeral expenses are paid and discharged, and my said Trustees and
85. Executors have been reimbursed all such reasonable charges and expenses as they
86. may incur in the execution of this, my will, I will that it be equally
87. divided amongst my said three children, as and when they each
88. reach the age of twenty-one. Furthermore, my mind
89. and will is that the income and profits from my said personal estate, until
90. my said children shall reach the aforesaid age (i.e., 21), shall be used at the
91. discretion of my said Executors for the better education and maintenance
92. of all my said children. In witness whereof I, the said Testator, to this my
93. last will and testament, contained in two sheets of paper, have to each
94. sheet affixed my signature and seal, on the twenty-sixth day of May in
95. the twelfth year of the reign of our Sovereign Lady, Queen Anne of
96. Great Britain etc., and in the year of Our Lord 1713. Edmund Kidby. Signed, sealed, published
97. and declared by the said Testator to be his last will and testament in
98. the presence of us who subscribed (i.e., signed below) altogether in the said
99. Testator's presence: John Shapcole, Thomas Manwood, John Franklin.


Probate Clause:
100. This will was proved at London
101. on the eighth day of the month of July, in the year of Our Lord one thousand seven hundred
102. and thirteen, before the Venerable John Exton, Doctor of Laws
103. surrogate of the Right Honourable Sir Charles Hedges, Knight, also
104. Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury,
105. lawfully constituted on oath of Edmund Kidby, Executor
106. named in the said will, to whom was granted administration
107. of all and singular the goods rights and credits of the said deceased ,
108. well and faithfully to administer the same, it is sworn on the Holy Gospels.

Note 1 Edmund Kidby was ordained at Westminster in 1686. In 1690 he was appointed Rector of East Hanningfield, and Rector of West Hanningfield 3 years later, holding both posts until his death. He was also a Prebendary of St Paul's from 1698.
Note 2 The holding of property to the joint use of a husband and wife for life or in tail, as a provision for the latter, in the event of her widowhood. "In tail" means: The limitation or destination of a freehold estate or fee to a person and the heirs of his body, or some particular class of such heirs, on the failure of whom it is to revert to the donor or his heir or assign.
Note 3 A kind of tenure in England of ancient origin: tenure of lands being parcel of a manor, 'at the will of the lord according to the custom of the manor', by copy of the manorial court-roll
Note 4 Originally: a portion of land occupied, or intended to be occupied, as the site for a dwelling house and its appurtenances. In later use (chiefly Law): a dwelling house together with its outbuildings and the adjacent land assigned to its use.
Note 5 the modern villages of Much Hadham and Little Hadham lie close to Bishop's Stortford
Note 6 payments due from tenants
Note 7 A discretionary penalty or fine; (originally) spec. one imposed on an offender at the discretion of the court of his or her lord, as opposed to a statutory fine
Note 8 the courts referred to here are manorial courts
Note 9 A (usually small) rent paid by a freeholder or copyholder in lieu of services which might otherwise be required; a nominal rent paid (esp. in former British colonial territories to the Crown) as an acknowledgement of tenure.
Note 10 Latchingdon, about 6 miles SSE of Maldon
Note 11 Sir Charles Hedges (abt 1649-1714) was Master of the Faculties, an English lawyer and politician, Judge of the High Court of the Admiralty (1689-1714) and Chancellor of the Diocese of Rochester. He was also a Secretary of State to Queen Anne
Note 12 An un-named piece of marsh land at Latchingdon, which may have been Broad Marsh, amounting to about 80 acres, was left to Edmund in his father's will (see John Kidby Will MARG_183_011 ).

Published1713
SourceMersea Museum
IDMARG_298