Edward Peet of Holwell 1749 Will and Allegation
Leicestershire, Leicester and Rutland Archives, Leicestershire Wills and Probate Records 1749
In the Name of God Amen I Edward Peet of Hollwell In the County of Leicester Labourer being sick in Body but of sound & perfect Mind & Memory (praised be God for the same) doe make ordain Constitute & appoint this my last Will & Testament in Manner & form following (that is to say)
Imprimis I give to my Brother Edmond Peet one shilling
Item to my Brother Wm Peet the sum of one shilling
Item I give & devise my Messuage House or Tenement & all other Lands & Hereditaments with the appurtenances thereunto belonging lying & being in the Parish of Upper Broughton in the County of Nottingham with all the rest & residue of my Goods & Chattels & personal estate (after my Debts & Funeral charges are paid) to John Smart Senr Carpenter of Scalford in the County of Leicester in trust for my Daughter Elisabeth Peet now an Infant & I do authorize & commission the said John Smart whom I appoint Guardian & trusty for my aforesd Daughter to sell the House & Land as He shall think proper towards the defraying my just debts whom I leave Sole Executor of this my last Will & Testament revoking all other Wills whatsoever formerly by Me made
In witness whereof I have set my hand & seal the seventh day of February in the year of our Lord 1731/2
The Mark of Ewd Peet
Sign’d seal’d published & declared to be the last Will & Testament of Edward Peet in the Presence of us
Richd Welby
William Dunsmore
The Mark of John Granger
Proved &c the 20th January 1749 before The Revd Gerrard Andrews CD Surrogate of The Revd Grey CD DD Official of the Archdeaconry of Leicester &c by Jno Smart the Sole Executor &c To whom was Granted Excon &c being first sworn &c and made Oath that the deced personal Estate Did not amount to 20l &c … &c
Hillersdon Frank Regr
The 20th Janry 1749 John Smart the within named Sole Executor was Sworn & made oath that the Deceds personal Estate at his Death was not worth 20ll
Before me Gerr Andrews Surrogt
Jackson agt Smart An Allegn (with Copy of Peets Will annext & so forth) on the part of Smart
Thursday the eight day of March 1749
A Cause or Business of proving by Witnesses in due form of Law the last Will & Testament of Edward Peet late of Hollwell within the Arch Deaconry of Leicester Labourer deceased at the Instance of Elisabeth the Wife of John Jackson of Bottesford the Natural & lawfull Daughter of the said deceased & Promoter of this Cause against John Smart of Scalford within the Said Arch Deaconry Carpenter & Executor in Trust named in the deceased’s Will aforesaid & so forth
Stockdale Hacket
On which day Hacket as lawfull Proctor of the said John Smart and under that Denomination did first exhibit the true & original last Will & Testament of the said Edward Peet deceased beginning thus
In the Name of God Amen I Edward Peet of Hollwell And ending thus In Witnesse whereof I have set my hand and Seal the seventh day of February In the Year of our Lord One Thousand Seven Hundred and Thirty One, two and to All Intents & Purposes whatsoever both in Law & Equity which may be most beneficial for Her did & doth say alledge & in this Writing propound articulately as follows, to Wit
First the Party proponent doth alledge & propound that the said Edward Peet (the Testator in this Cause deceased) whilst He lived being of sound Memory & understanding & having a full Intention to make his last Will & Testament in Writing, did give Instructions for drawing & making the same & in pursuance of such Instructions the Will now exhibited was drawn in Manner & form as it now appears & the said Edward Peet the Testator deceased did therein & thereby nominate Constitute & appoint the said John Smart Executor in Trust for Elisabeth Jackson aforesaid & did will bequeath give devise & doe in all things as in the said last Will & Testament of the said deceased is mentioned & contained, & the Party proponent further alledgeth that after the said Will was drawn & put into Writing as aforesaid Edward Peet the Testator aforesaid deceased did read over the said Will Himself or cause the same to be distinctly and deliberately read over to Him & well understanding & approving the Contents thereof did on or about the day of the Date of the Same Sign seal publish & declare the same to be his last Will & Testament in the sight & Presence of Richard Welby William Dunsmore & John Granger Who in Testimony of such the Testator’s signing sealing & publishing his said last Will & Testament did in the Presence & at the Request of the Said Edward Peet the Testator the aforesaid deceased respectively subscribe their Names as Witnesses to the same in Manner and form as They now appear at the bottom or foot of the Said Will & that the Said Edward Peet deceased did at all & Singular the Premises aforesaid perfectly enjoy the right Use & exercise of his reason Memory & Understanding & the party Proponent referrs to the Original last Will & Testament of the Said Edward Peet deceased & doth herewith exhibit & hereunto annex a Copy of the Said Will & prays the Same may be made a part of this Article & inserted & read in this place & the Party proponent doth alledge & propound every thing in this Article Jointly and severally
Also the Party proponent alledgeth that all & Singular the Premises were & are true publick Notorious & so forth Wherefore Proof Sufficient in Law being made of the Premises & so forth
The Sayings and Depositions of Witnesses taken upon an allegation with the last Will and Testament annext of Edward Peet late of Holwell within the Archdeaconry of Leicester Labourer deced promoted by Elizabeth the Wife of John Jackson of Bottesford within the said Archdeaconry the Natural and lawfull Daughter of the said deced agt John Smart of Scalford in the sd Archdeaconry Executor In Trust for the said Elizabeth Jackson named in the last Will and Testament of the said deceased are as follows to wit
William Dunsmore of Scalford within the Archdeaconry of Leicester aforesaid Butcher aged Seventy years and upwards a Witness produced Sworn and examined in the part and Behalf of the said John Smart says and Deposes as follows
To the said Allegation and Will annext this Deponent Saith and Deposeth that in his presence the said Testator Edward Peet applied To the Reverend Richard Welby Clerk Vicar of Scalford aforesaid one of the Subscribing Witnesses to the said Will to make his the said Edward Peet’s Will, And that he the said Richard Welby took Instructions from the said Testators own mouth for that Purpose on the day of the date of the said Will in the Dwelling house of Anne Smart Widow in Scalford aforesaid and that pursuant to such Instruction the said Richard Welby drew up the Paper now Shewn to this Deponent at this the time of his Examination and this Depondent Saith that he firmly believes the said paper writing to be the last Will & Testament of the said Edward Peet deced And this Deponent further saith that the said Paper Writing was deliberately and Distinctly read over to the said Testator who Approved of the same and made the Character at the Bottom of the said paper writing Signifying the mark of him the said Edward Peet and Sealed, Published and Declared the same to be the last Will and Testament of him the said Edward Peet In the Presence of his this Deponent, the said Richard Welby Clerk, and John Granger the two other Subscribing Witnesses to the said Will And this Deponent further Saith that He, and the sd Richard Welby Subscribed their names and the said John Granger made his mark as Witnesses thereto in the presence & at the request of the said Testator and in the presence of each other And further Saith that the said Edward Peet was of sound Mind & memory & Understanding when he so Executed his Will as aforesaid And well knew what he Said & Did And further Cannot Depose
William Dunsmore
The Twelfth of March 1749 the said William Dunsmore was repeated before me
Ger: Andrewes Surrogt
In the presence of
Hillersdon Frank Regr
Elizabeth the Wife of John Jackson agt John Smart
John Granger of the parish of Scalford within the Archdeaconry of Leicester aforesaid Drover aged Fifty four and upwards another Witness produced Sworn and Examined on the part and behalf of the said John Smart Saith and Deposeth as followeth
To the said allegation and Will annext this Deponent Saith and Deposeth that the said Testor Edward Peet lying Ill of the Illness of which he dyed in the dwelling house of Anne Smart Widow in Scalford on or about the seventh day of Feby one thousand seven hundred and thirty one, two, he this Deponent then & there called upon the sd Edward Peet to Inquire after his health And at the same time was desired to Stay to Witness the said Testators Will And this Deponent further saith that the paper writing now shewn to him at this the time of his Examination was deliberately & Distinctly read to the said Edward Peet deced by The Revd Mr Richard Welby of Scalford aforesaid and the the sd deced approved the same and made the Charracter at the Bottom of the said paper writing Signifying the mark of him the said Edward Peet and Sealed Published and Declared the same to be the last Will and Testament of him the said Edward Peet in the Presence of him this Deponent, the said Richard Welby, Clerk and William Dunsmore the two other Subscribing Witnesses to the said Will, and further Saith that he this Deponent made his mark, the said Richard Welby & William Dunsmore Subscribed their names thereto as Witnesses in the presence and at the request of the said Testator and in the presence of each other And this Deponent further Saith that the sd Edward Peet at the time of his so Executing his Will as afsd was of sound Mind Memory and Understanding And well knew what he said, and did And further this Dept cannot Depose
The mark of John Granger
The Twelfth of March 1749 the said John Granger was repeated before me
Gerr: Andrews Surrgt
In the presence of
Hillersdon Frank Regr
Elizabeth the Wife of John Jackson against John Smart
Richard Welby Clerk Vicar of Scalford within the Archdeaonry of Leicester aforesaid age Forty eight years and upwards a Witness produced sworn and Examined on the part and behalf of the said John Smart says and Deposes as follows
To the said Allegation and Will annexed this Deponent saith and Deposeth that the said Edward Peet the Testator lying Ill of the Illness of which he dyed in the dwelling house of Anne Smart Widow in Scalford on or about the Seventh day of February one thousand seven hundred and thirty one he this Deponent was then & there sent for, to make the said Testator’s Will and that he this Deponent did also then & there take Instructions for that purpose & pursuant thereto drew up the Paper writing now produced and shewn to him at this the time of his Examination: And this Deponent further saith that he then distinctly and deliberately read over the said Paper writing to the said Testator, who approved of the same and at the same time made the Character at the Bottom thereof Signifying the marke of him the said Edward Peet, And also Sealed, Published and Declared the said Paper writing, to be the last Will and Testament of him the said Testator in the Presence and hearing of him this Deponent, and of William Dunsmore and John Granger the other two Subscribing Witnesses to the said Will And this Deponent further saith that he, and the said William Dunsmore Subscribed their names and the said John Granger made his mark as Witnesses to the said Will In the presence and at the request of the said Testator And in the presence of each other And this Deponent further saith that the said Edward Peet at the time of his so Executing his Will as aforesaid was of sound Mind memory and understanding And well knew what he said and did, And further this Deponent Cannot Depose
Richd Welby
The twenty seventh day of March 1750 the said Richard Welby was repeated before me
G Broughton Surrogt:
In the presence of Hillersdon Frank Regr
John Hart of Melton Mowbray in the County of Leicester apparitor maketh Oath that on Friday the Fifth day of this Instant January he Personally served the Citation hereunto annext upon John Smart of Scalford
John Hart
11 January 1749 The said John Hart was sworne
Before us [no signature]
Richard Grey Clerk, Doctor of Divinity, Official of the Arch Deacon, of the Archdeaconry of Leicester lawfully constituted,
To all and singular Clerks & literate Persons throughout the Arch Deaconry of Leicester aforesaid Greeting; We comand ye or some one of ye peremptorily to Cite John Smart of Scalford, within the Arch Deaconry of Leicester aforesaid Carpenter, Possessor of the Goods & Personal Estate of Edward Peet late of the same Deced And pretended Executor of the sd Deced’s Will To appear before Us or our lawfull Surrogate, in the Parish Church of Saint Martin in Leicester, in the accustomed place there, on Thursday the Eleventh Day of the Instant January between the Hours of Eight and twelve in the Forenoon of the same day to exhibit the sd last Will & Testament of the sd Deced (if he made any) And also to give in & exhibit a true, full, perfect, & particular Inventory of all and singular the Goods, Rights, Creditts, Cattle, Chattles & Personal Estate of the sd Edward Peet Deced, by Virtue of his Corporal Oath, And further at the Instance and Promotion of Elizabeth the Wife of John Jackson of Bottesford the natural & lawfull Daughter of the sd Deced to act and doe as Law and Justice shall require; Given at Leicester under the Seal of our Office the 1st Day of January, In the Year of our Lord 1749
Hillersdon Frank Regr
A full true perfect & particular Inventory of all & Singular the Goods Rights Creditts Cattle Chattels & personal Estate of Edward Peet late of Holwell alias Scalford deceased which since his death came to the hands Possession or knowledge of John Smart Carpenter of Scalford Possessor of the Goods & personal Estate of the said deceased & Executor of the said deceased’s Will exhibited and given in (upon Oath) by the Said John Smart Carpenter of Scalford at the Instance & Promotion of Elisabeth Jackson the Wife of John Jackson of Bottesford the natural and lawfull Daughter of the Said deceased is as follows, to witt,
| £ | s | d | |
| Purse & Apparel | 1 | 0 | 0 |
| Item Goods in the House | 0 | 15 | 0 |
| Item Goods in the Chamber over the House | 0 | 12 | 6 |
| Item Goods in the Dairy | 0 | 7 | 6 |
| Item Goods in the Chamber over the Dairy | 0 | 19 | 6 |
| Item three Cows | 5 | 15 | 0 |
| Item eight Sheep | 3 | 15 | 6 |
| Item things unseen & out of the way | 0 | 1 | 6 |
| 13 | 2 | 0 |
The Particulars of those Effects, the Goods in the House valued at the Sum mentioned in the second Article, six old Chairs, one little Square table, three brass Pans, three small pewter dishes, three plates, one dozen of trenchers Wooden dishes & Spoons, Tongs pott Hooks a pair of Bellows & one small looking Glass &c
Of them in the third Article, the Goods in the Chamber over the house, One Small trundle bed with a woolbed, two or three old blankets, one old broken Trunk, one earthen chamber pott &c
Of Them in the fourth Article, the Goods in the Dairy, two little tubs, a Pale & Piggon a little old Kimdale, a hair sieve & some earthen ware &c
Of them mentioned in the fifth Article, the Goods in the Chamber over the Dairy one old bedsted with bad hangings, wool bed two old Blanketts & a Coverlet, one Chest, two Boxes & two old Chairs &c
This being the true value of all the Effects of the said Edward Peet deceased with their Particulars & appraised by Edward Willford & William Dunsmor
Saving the Linnen forgot being three pair of old Hempen Sheetes, one pair of pillow drawers one old table Cloth & three old towels
There were likewise unprised, a large brass pan, & a box with Child bed Linnen, but Those were given to the Deceaseds Daughter Elisabeth Peet by Elisabeth Smart the wife of the abovenamed John Smart & without his Consent &c
John Smart
On Thursday the eight day of February 1749 the said John Smart was sworn to the truth of this Inventory Before Us
Richard Grey
The Sentence in the Cause betwixt Jackson & Smart &c
In the Name of God Amen, We Richard Grey Clerk Doctor in Divinity Official of the Arch Deacon of the Arch Deaconry of Leicester lawfully Constituted, or Gerrard Andrews Clerk Master of Arts Surrogate or Substitute to the Said Official duely authorised, rightly & justly proceeding having heard seen & understood & fully and maturely discussed the Merits or Circumstances of a certain Cause or Business of exhibiting and proving by Witnesses in due form of Law the last Will & Testament of Edward Peet late of Hollwell within the Arch Deaconry of Leicester aforesaid Labourer deceased, Promoted by Elisabeth Jackson the Wife of John Jackson of Bottesford within the Said Arch Deaconry natural & lawfull Daughter of the said deceased against John Smart of Scalford within the Archdeaconry of Leicester aforesaid Carpenter & Sole Executor named in the said Edward Peet’s Will deceased in trust for Elisabeth Jackson the Wife of John Jackson aforesaid, Which Said Cause or Businesse is yet depending before Us in Judgement undecided, The Party of the said John Smart appearing before Us in Judgement by his Proctor, & the Said Elisabeth Jackson the Daughter of the said deceased & Promoter of this Cause appearing by the Proctor but not Shewing any just and reasonable Cause against the Validity of the Said Will nor why Execution of the said Will should not be granted to John Smart Carpenter & Executor in trust aforesaid & the Party of the Said John Smart praying Sentence to be given and be inserted by Richard Grey Official aforesaid or Gerrard Andrews Clerk his lawfull Surrogate or Substitute, We having carefully & diligently searched into & considered of the whole Proceedings had & done in the Cause or Business before Us & having observed All & Singular the Matters & Things that by Law in this behalf ought to be observed, have thought fit & doe think fit to proceed to the giving of our definitive Sentence or final Decree in this Cause in the Manner following, To wit, for as much as We have by the Acts enacted deduced alleged exhibited propounded & proved in this Cause or Business found or clearly discovered that the Proctor of the Said John Smart hath fully & sufficiently founded & proved his Intention deduced & sett forth in a certain Allegation with the Said Will annext given in and admitted on his Part and Behalf in this Cause or Business & now remaining in the Registry of this Court so farr as is hereafter by Us pronounce, Therefore We Richard Grey Clerk Doctor in Divinity the Judge aforesaid or Gerrard Andrews Clerk Master of Arts his Surrogate or Substitute the Judge likewise doe pronounce decree & declare that the Said Edward Peet the Testator aforesaid deceased whilst He lived being of Sound Mind Memory & Understanding duely make his last Will & Testament exhibited in this Cause or Business, therefore We pronounce decree & declare the Said Will to be good and valid in Law to all Intents & Purposes whatsoever & We doe moreover by this our definitive Sentence or final Decree which We read & promulge by these Presents decree grant & commit the Execution of the Same to the Said John Smart Carpenter of Scalford aforesaid being the Sole Executor in trust therein mentioned & so forth
The twenty eight day of June In the year of our Lord One Thousand seven Hundred & fifty this Sentence was read & promulged by Us
Richard Grey
