Trying to Make Sense of Property Stipulations in a 1557 English Will

+3 votes
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I was wondering if anyone had experience dealing with the terminology and customs regarding 16th century English wills. I specifically have a question regarding the 1557 will of Morgan Polden (in Dorset, England). He wills that his wife (her name appears as either Anne or Agnes in contemporary sources) was to have control over his property for a term of four years, however the stipulations makes me wonder if any specific relationship should be inferred between his wife and children.

This is The National Archives page for Morgan's will (PROB 11/40/100). The following is on the eleventh line, second page of Morgan's will (I've transcribed and used modern English spelling as best I could with uncertainties in [square brackets]):

...
Item I will that Anne my wife immediately after my decease shall have occupy and receive all the profits advantages and emoluments whatsoever they be rising coming and growing of in and upon my farm of Hammoon, and the occupation of all the edifices and buildings thereunto belonging with the houses that I dwell in and edifices of the same during the term of 4 years next and immediately after my deceased (if my said wife so long live) yielding and paying therefore yearly during the said term the rents and [fines?] thereof due and accustomed and all other charges whatsoever they be going out of the same farm and other premises during the term of 4 years and doing no waste in and upon the said farm edifices and other the premises and also finding my children with the said profits and advantages meat drink and apparel and all other things necessary for them and aid of them during the said term and after the end of the said 4 years I will that my said wife shall have and take yearly of the profits and advantages of my said farm of Hammoon and other the premises [which?] [there?] appurtenances during the years yet to come of the same, if my said wife so long live £20 of lawful money of England provided always and also my will is that my said wife shall find sufficient sureties to be bound to my overseers and to their assign that she shall perform the conditions aforesaid and if she refuse so to do that then my will is that she shall not have any benefit nor profit by my gift or legacy above specified but that the same profit and benefit shall remain to my children anything in this my will conveyed to the contrary not withstanding and after the 4 years Item...

Morgan notably names three children in his May 1557 will (Thomas, Frances, and Katherine), and identifies his wife's uncle as Richard Okeden. His father-in-law John Okeden's will, made August to October 1557, (PROB-11-40-87) names his own daughter Agnes Poldon, and Thomas and Frances as children of Morgan Poldon (he similarly names other grandchildren without explicitly stating them to be grandchildren). Would John have made bequeathments to his daughter's stepchildren in his own will?

Was Morgan's stipulation regarding his wife and land a common occurrence, or was it indicative that Agnes/Anne was a stepmother to his children? Agnes/Anne can't have been too old as according to the 1565 Dorset Visitation, William Huddy of Hammoon, gentleman, married second "Anne da. of John Okeden of Ellingham... and by her hath issue". There's record of William Huddy at Hammoon after Morgan Polden's death. This stipulation doesn't mention the case in that Agnes/Anne remarries. Would this have been deliberate?

WikiTree profile: Agnes Huddy
in Genealogy Help by Thomas B G2G6 (8.7k points)

1 Answer

+6 votes
It's unusually detailed but the general intent is not unusual. I've seen most of the details, such as specific sums going for upkeep of children, sureties or a bond to protect the children's interests in case she remarries, a penalty for non-performance.
by Living Mead G2G6 Mach 7 (73.9k points)

It also struck me that  I've seen similar language 'meat drink and wearing apparel' in bonds.  One was  for the protection of a  widowed mother ceding her manorial customary right to the property to her son. The second in a 'tuition' bond to orovide maintenance  for several orphaned children. Both were from the same period and both in Dorset.

As his son was under 21, I wonder if there was 4 years until John Thomas reached the age of  majority.

That makes sense, that the son would be 21 in four years.
An additional note: In Morgan's will Thomas was stated to not yet be 21 (as has now been mentioned), and Agnes/Anne and Thomas were both named as executors.

I know in Norwegian genealogy there were legal distinctions between "half legal age" (18-24) and "full legal age" (over 24). Did England have something similar at this time so Thomas could be named a joint executor but not yet be 21?
In English law someone under age could be an executor if there was someone of full age to act as administrator on their behalf. I don't think there was strict age limit, but the presumption is that they were approaching full legal age.

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