Townshend Wills

PCC: Cheshire Record Office:

Will of Sir Robert Townshend alias Agbrow

This will may well have been disputed, as there was a case in Chancery after Robert's death. The mention of members of the Spencer and Vernon families as trustees of the Hem estate suggests that this estate was purchased from the 4,000 legacy left to Ann Spencer, Robert's first wife, by her father the 2nd Baron Spencer

In the name of God Amen I Sir Robert Townsend als Agbrow of Coventry Kt being in {} health sound mind and memory blessed be God but {} {} human frailty and the Certainty of death and that it well becomes me as a Christian to provide for my wife and children and to settle that estate God hath blessed me withall. I therefore this six day of ffebruary Anno Domini one thousand six hundred eigthy four and in the thirteenth year of the reign of our now Sovereign Lord King Charles the second do make and ordaine this my last will and testament revoking and making void all former and other wills at any time heretofore by mee made. First I commend my soul into the hands of Allmighty God hoping for Salvation through the [alone] merits and mediation of my blessed Lord and Saviour Jesus Christ and to be made {} of Everlasting happinesse in and through him my body I remmitt to the earth to bee privately buried by my Executors hereinafter named and for my worldly estate I doe dispose the same in manner following whereas by Indenture bearing date on or about the twentieth day of May in the fourteenth year of his now Maties reigne made or {} to be made between Sampson Wise of Clerkenwell in the County of Middx Esq and mee the said Sir Robert Townshend by the name of Sir Robert Townshend als Agbrow of Hem in the County of Dengigh Knt of the one parte and the Right Honoble Penelope Lady Spencer suite [decd] Sir Henry Vernon of Hodnet in the County of Salop Knt suite also decd Robert Spencer Esq sonn of the said Dame Penelope Spencer and Henry Roberts of Hem aforesaid in the said County of Denbigh Yeoman of the other part I have thereby granted released aliened {} and confirmed unto the said Dame Penelope Spencer Sir Henry Vernon Robert Spencer and Henerey Roberts their heirs and assignes for {} all those Lands tennements meadows pasture and hereditament with the appurtenances commonly called or knowne by the name of Hem House or Hem ffarm and all these Lnads tennements and hereditaments therein particularly mentioned which I the said Sir Robert Townshend have in the said County of Denbigh to divers uses and trusts in and by the said Indenture declared by which said Indenture I have reserved to my selfe a power to Charge one moiety of all the said Lands tenements and hereditaments to the use and behoofe of such person or persons and for such estate and estates as I the said Sir Robert Townshend by any writing to bee by mee stated and subscribed in the presence of two or more credible witnesses to or by my last will and testament in writing shall declare limitt devise or appoint allsoe by the said verified Indenture I have reserved to my selfe a further power to charge or dispose the other moiety of all the said lands tenements and hereditaments or any part thereof to the use and behoofe of any such Child or Children I should happen to have by my then wife the Lady Anne Townshend or to that effect as in and by the said verified Indenture reference being thereunto had doth more fully appeare now I the said Sir Robert Townshend according to the said power in and by the said verified indenture to mee reserved doe hereby declare give and devise that the said trustees inthe same Indenture named and their heirs shall stand and bee seized of and in the one moiety all of the said lands tennements and hereditaments to the uses and trusts following that is to say as to our halfe part of the said moiety to the onlu use and behoofe of my beloved wife Dame Mary Townshend for and during the terme of he naturall life and from and after her decease to and for the use and behoofe of my four younger sommes Robert Vere Thomas and George Townshend and the survivor and survivors of them for and during their naturall lives and the lives of the longer liver of them and as to the other halfe parte of the siad moiety to and for the like noe and behoofe of my said four younger sonnes and the survivor or survivors of them for and during their natural lives and the lives of the longer liver of them provided alwaies that when any three of my said younger sonnes shall happen to dye then one halfe part of all the premisses which shall happen to come to my surviving fourth sonne by virtue of this my will as aforesiad shall goe and bee to the use and behoofe of my eldest sonne Anthony Townshend and his heirs as is herein after limitted for the said whole moitey after the decease of my said wife and all my siad four younger sons and I doe hereby further will devise and declare that my said trustees in the said verified Indenture named and their heirs shall stand and bee seized of and in all the said moiety of the premisses (herein before devised to my said wife and four younger sonnes) from and after all the decease to and for the use and behoofe of my said sonn Anthony for and during his naturall life without impeachment of or for any manner of wast and from and sfter his decease to the use and behoofe of the first sonne of the body of my said sonne Anthony lawfully to bee begotten and the heires male of the body of such first sonn and for want of such issue to the second third forth fifth and every other sonn of the body of my said sonn Anthony lawfully to bee begotten and to the respective heirs male of the body of such respesctive sonne and sonnes lawfully to bee begotten and sor want of such issue then to the use and behoofe of my said sonn Robert for and during his naturall life without impechment of wast and after his decease to the use of the first sonne of the body of the said Robert lawfully to be begotten and to the respective heirs male of the body of every such sonne and sonnes lawfully to be begotten and for want of such issue to the use and behoofe of my said sonne Vere with like remainders over to the heirs male of his body and their lawfull issue male as is before limitted to my said sonns Anthony and Robert respecitively and for want of such issue to the use and behoofe of my said sonn Thomas with like remainder over to the heirs male of his body and their lawfull issue male as is before limitted to my said sonns Anthony and Robert respectively and for want of such issue then to the use and behoofe of my said youngest sonne George with like remainders over to the heirs male of his body and their lawful issue male as is before limitted to my said sonnes Anthony and Robert respectively and for want of such issue to the use and behoofe of my right heires of ever and as to the other moiety of all my said lands tenements and hereditaments in the said verified Indenture mentened (?) according to the power thereby to mee reserved I doe hereby will devise and declare that me said trustees in the same Indenture named and their heirs shall stand and be seized thereof to the uses following (that is to say to the use and behoofe of my said sonne Anthony for and during his naturall life without impeachment of wast and from and after his decease to the use and behoofe of the first sonn of the body of the said Anthony lawfully to bee begotten and the heires male of the body of such first sonne and for lack of such issue to the second third fourth and fifth and every other sonne of the body of my siad sonne Anthony lawfully to bee begotten and to the respectives heirs male of the body of every such sonne and sonnes provided alwaies and upon this Condition nevertheless that my daughter Margarett Williams shal have take and enjoy out of the rents issues and profitts of the said last mentioned moiety one annuity or rent charge of thirty pounds p annum for and during her naturall life without any deduction or abatement whatsoever payable at two usuall feasts or daies in the year that is to say at the Annunciation of the blessed Virgin Mary and St Michael the Arch Angell by equal portions the first payment thereof to be made on which of the said feasts shall happen next after my decease and if it shall happen the said annuity or rent charge to bee behind or unpaid in part ot in all by the space of thirty daies nest after either of the sai ffeasts it shall bee lawfull for my said daughter Williams to enter into ans upon the premisses or any part thereof to distraine and the distress and distresses there found to drive away impound and keepe untill the said Annuity and all arrearages thereof bee fully satisfyed and paid provided further and upon this condition neverthe(less?) that if the said Annuity or rent charge shall bee behind or unpaid in part or in all by the space of forty daies after either of the said feasts being lawfully demanded then all the uses of in and to the said last mentioned moiety hereinbefore willd devised or limitted to my said sonn Anthony and his issue shall cease determine and bee void and that then the said trustees shall stand and bee seized of and in all the said last mentioned moiety of the premisses to the use and behoofe of my said daughter Margarett Williams and her heires for ever any thing afore said to the contrary notwithstanding and whereas I am lawfully possessed and interested of and in all that Mansion house and lands commonly called the Parke at Coventry with the Mannor of Childsmore by demise to mee made from the Kings most Excellent Matie whereof thereis now in being the terme of four and twnety years or thereabouts yet to come now I doe hereby give and bequeath all my said house Lands Parke mannor and other the premisses in the said lease or demise granted for all the terme therein to come with all my stock thereon and all other my goods and Chattells unto my brother George Townshend Gent John Dugdale ffancis Hanson and William ffeatherston of Coventry Esqs whome I make Executors of this my last will In special trust and confidence neverthelesse that they my said Executors oit of my said parke Stock and premisses by manageing occupying letting or improveing the same or otherwise shal raise and to and for my younger daughters Mary Alice ffrances and Elizabeth the summe or portion of five hundred pounds a peice to bee respectively paid them attheir severall ages of eighteen yeares or daits of Marriage which shall first happen but I will that my said daughter Mary's portion bee first made and raised and soe every elder daughter next in order successively and when such portions or any of them are soe raised I desire my Executors to put out the same at Interest or otherwise improve it to the most advantage they can and out of the Interest or increase thereof to maintaine each daughter respectively paying her the residue of such interest or increase and all improvement thereof with her principall portion at the time aforesaid and in the meane time untill each of my said four daughters portions is or shall bee soe made and raised as aforesaid I order my Executors out of my said Parke and premises to pay my said wife Dame Mary Townshend the summe o f tenn pounds p annum yearly and every yeare by half yearly payments for every one of my said four daughters whose portion shall happen to remaine unmade or not raised as aforesaid for an towards the maintenance of my said daughters living with my said wife till their siad marriage or age aforesaid and my will is that if any of my said four daughters happen to dye before such their respective ages or daies of marriage thatthen my Executors shall pay all the portion part share interest and increase of such daughter or daughters soe happening to decease to the next of my said four daughters in Seniority toeards makeing up her portion yrt soe as the Survivor of Survivors of them shall stil have but five hindred pounds a peice and increase thereof as aforesaid If any more shall happen to be raised the same to goe to my said sonne Anthony Townshend I doe hereby further order and declare that my said Executors shall permitt my said wife the free use and possession of my said Mansion house and furniture with the garden plott thereto adjoyning during the remainder of my said lease is shee shall soe long reside there in the absence of my said sonne Anthony but if hee shall thinke fitt to come and dwell there then my Executors shall permitt my said wife the forepart of my said house and furniture soe far as the little parlour inclusive during the Continuance of my said lease if shee shall soe long live and personally reside there and my said sonne Anthony to have and enjoy the use of all other my said house and furniture after the death or absence of my said wife during the remainder of my said lease and such (sic?) his residence there and whilst both my said wife and sonne happen to inhabite my said house I desire that the said garden plott may bee in common between them provided alwaies that after my said four younger daughters portions or the Survivors of them shall soe happen to be raised as aforesaid or sooner if my said sonn Anthony will either pay or {} the same to my said Executors for the respective uses of my said four daughters or Survivors of them as aforesaid then I doe hereby give and bequeath all my said Lease Parke lands Stock and all other goods and Chattells whatsoever (not herein otherwise disposed) to my said sonne Anthony for his owne use except the little Close before my said house next the Lady Bridgmans wall and the piece of ground where Cattell are usually fothered (sic?) on the bark side of my said house and the close called ffairfax in Stichell parish the use of all which I give my said wife during the terme to come in my said lease if she shall soe long live there and is in further consideration of her maintaineing my said four younger daughters and the Survivors of them for which she is allowed only tenn pounds a yeare a peice as aforesaid and I doe hereby further will and declare that what I have herein before ordered and bequeathed to my said wife Dame Mary shal bee and is hereby intended to bee in full barr and Satisfaction of all dower thirds and right of dower and other claimes she shall or can make of in or to and part of my estate wherewith if she shall not bee fully Satisfied but bring any writt of Dower or other waies obstruct the performance of this my will then all {} gifts and bequests herein before limitted made or given to her are hereby declared void and lastly if the lease of the said Parke and premisses shall happen at any time hereafter to be surrendered to his Majesty and my new Lease or grant to bee taken thereof that then every such new Lease or grant of the said Parke and premisses or ant part thereof shall stand and bee Subject and lyable to the uses and trusts herein before or here after in any Codicill or Codicills to bee expressed and appointed In witness whereof I have sett my hand and seale to every sheete of this my will containing in the whole four sheets of paper the day and year first above written
Robt Townshend signed sealed published and declared by the said Sir Robert Townshend to bee his last will and testament in presence of us Edmund Palmer Tho: Benitt William Browne

Probate granted to Anthony Townshend 7 Sept 1685.

Will of Anna Townshend (mother of Sir Robert, widow of Aurelian)

In the name of God Amen the ffifth day of August In the yeare of our Lord God one thousand six hundred sixty and eight I Anne Townsend widdow sicke in body yet of good and perfect mind and memory (Paysed be to his holy name) Doe make and ordain this to be my last will and testament in manner and forme following Revoaking and anulling by these presents All and every Testament and Testaments will and wills heretofore by me made and declared either by word or by writing And this to be taken onely for my last will and Testament and noe other First and Chiefly I Comend my Soule into the hands of Almighty God my Creator trusting and ffaithfully believeing to be saved by the death and passion of our Lord and Saviour Jesus Christ And my body to be buried att the discretion of my Executors and ffriends And as counting my worldly estate I dispose threrof as followeth First I give my Gould to my sonne George Townshend And whereas the summe of one hundred pounds was given to me by my sister Dorothy Oglethorpe to be paid by Mr Oglethorpe and Mr Thomas ffeels? her Executors in whose hands the same still remains I doe give and bequeath the same to my daughter Mary Kirke And whereas the summe of one hundred pounds was given to me by my late Brother Sampson Wyse to be paid by his wife and Mr Phillip Longhorne? His Executors still remaining in their hands I doe give and bequeath the same together with my Cabinett to my Grandsonne Peircy Kirke And whereas there was an hundred pounds more given me by my late sister Oglethorpe due upon Bond in Mr Langthorne's hands which bond she gave me I give and bequeath the same together with my Great Bible And all the rest of my Books to my Grandaughter Diana Kirke And to my Grandaughter Mary Kirke I give her mother's Picture with other small things that I have. And whereas my sister Langham was to give me tenn pounds for my silver tankard I doe give and bequeath the same to herself to buy her a Ring. And what other estate there is that shall or may appear to me mine I doe give and bequeath to my loveing daughter Mary Kirke whom I doe make full and whole Executrix to this my last will and testament. And lastly I desire my said Executrix to bestow such Charity on the poor as she shall thinke to my ability. In witness whereof I the said Anne Townshend have hereunto sett my hand and seale the day and year ffirst above written.
Ann Townshend
Read Sealed and delivered in the presence of us the The marke of Eliz: Howard George Glassbrooke


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