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Phoenix
07-02-15, 22:07
Poor Grace Blackmore died of an illness of the guts or bowels a few days before Michaelmas in 1689. She was only 22.

Her father died when she was small, her mother landed in prison for debt, and when she was 6 or 7, her cousin Arthur Hele (their mothers, unnamed! were sisters) and brought her up as if she were his own child. She could not write, but she could read. At one stage she was sent to school in Dartmouth.

She was, by all accounts, deeply grateful to her cousin and said if she had a thousand pounds, she would bestow it all on Arthur, as he was the only one who cared what happened to her.

When she lay ill, she wanted to write her will. Arthur didn't think it proper that he should draft the will, so suggested either the vicar or Arthur's brother in law should do it. John Prowse, Arthur's brother in law was sent for, Arthur went out of the room and John drafted the will. Grace was propped up with pillows. She wasn't well enough to read the will, but it was read out to her, in the presence of witnesses, she agreed to it and signed it.

All the witnesses to this event say that she was in her right mind, she understood what making a will was, and it merely expressed the intention she had always had. They add that they were not being bribed to say this!

The will would not have been disputed were Poor Grace still poor. But an uncle who had ignored her as a child now left her something like eight hundred pounds. A London uncle - who had said he would lay out money for her should she marry someone of Arthur or his choosing, but had patently ignored her as a child, now stepped in, as next of kin, to contest the will.

Thus the background. There is not a dissenting voice in any of this, save from the uncle. To a 21st century mind, the will stands.

Phoenix
07-02-15, 22:17
This is the sentence: http://interactive.ancestry.co.uk/5111/40611_310603-00291/797051?backurl=http%3A%2F%2Fsearch.ancestry.co.uk% 2Fcgi-bin%2Fsse.dll%3Fdb%3Dcanturburyprerogativecourt%26 so%3D2%26pcat%3DROOT_CATEGORY%26MS_AdvCB%3D1%26ran k%3D1%26new%3D1%26MSAV%3D2%26msT%3D1%26gss%3Dangs-g%26gsfn%3Dgrace%26gsfn_x%3DXO%26gsln%3Dblackmore% 26gsln_x%3DNN%26cpxt%3D0%26catBucket%3Drstp%26uidh %3D9vh%26cp%3D0&ssrc=&backlabel=ReturnSearchResults&bm=true#?imageId=40611_310603-00292

which is dated 15 May 1690 - so some time after she died.

Will is proved 3 June 1690, with marginal comments 6 June 1690.

Does this mean that the will stands?

Phoenix
07-02-15, 22:18
I don't want anyone to translate it all, just if they know a formula of words indicating which side wins.

Fi aka Wheelie Spice
07-02-15, 22:27
Wow u were busy today Brenda

Phoenix
07-02-15, 22:42
All thanks to Kite, Fi! It was like reading a novel, about eight people all telling what they understood to be the truth of the matter. And the accounts have the ring of truth, as they differ in the minor details, and say if they can't remember something. I need to re-read it as I have an idea that someone suggested she was already sickly. I do wonder if the uncle had made an offer he knew he would never have to keep.

kiterunner
08-02-15, 10:00
As far as I can make out, the will was proved and Arthur Hele was appointed executor, but my Latin is pretty rusty.

Phoenix
08-02-15, 10:22
Thanks, Kite!

kiterunner
08-02-15, 17:24
It looks likely that Grace is the one christened 10 Sep 1667 at Totnes, daughter of Joseph. A Joseph Blackmore was buried 31 Dec 1669 at Totnes. But I can't find his marriage.

Mary from Italy
08-02-15, 19:48
I think the part in the margin of the bottom right-hand page begins "Sententia data pro valore hujus testam'ti...", which means "Judgment given in favour of the validity of this will". I can't read the rest of it.

The part in the top left-hand margin on the second page begins "Concordat ??? Testam'to dictae defunctae ??? Nos... " (Agreed .. will of the said deceased .... We...).

Phoenix
09-02-15, 07:55
Brilliant, thank you both.

So the magic words are pro and con.

For anyone with a contested will in the 1600s, these witness statements are an absolute goldmine. It would be interesting to read one where it fell. Cue my Fowells, who lost their house on a technicality.

Mary from Italy
09-02-15, 10:50
I have some similar depositions from the late 1700s, which have been invaluable. Unfortunately the Bill of Complaint's missing, though.