The Romance of Wills and TestamentsVine Hall, Edgar
History
The Romance of Wills and Testaments
Vine Hall, Edgar
Wills -- Great Britain -- Miscellanea
Some seem to foresee trouble, or “fuss in the way of quarrel,” as one
testator puts it. A clause is frequently inserted barring disputants
from any benefit. George Spence (1587) expresses this well: “I will
that if any person or persons shall not be content with such gifts as
given to them by virtue of this my will and testament, shall be clearly
and utterly voided out of the same, and they shall have no commodity
or profit by virtue of the same.” And Anthony Wayte, of Clapham, whose
will is dated September 10, 1558, believes in an original remedy—a
short way with disputants. “If any dispute as to the meaning of my
will, I will two or three unlearned husbandmen of my parish of Clapham
to interpret my meaning as they or two of them shall think in their
conscience.” It is a delightful touch of sarcasm and sagacity.
It was no wonder that Sir George Hervey, of Thurleigh, Bedfordshire,
who died about 1536, took his friends and even his servants into his
confidence, acquainting them with the tenor of his will. For it was
found, when the will was taken from its place of custody in a coffer
“standing in the house of one Richard Holt, draper, dwelling in Watling
Street,” that he had left his estates, his manors, and lands in
Huntingdon, Bedford, Buckingham, Hertford, and Oxford, to his reputed
son Gerard, to the exclusion of his generally recognised son and
daughter, Nicholas and Elizabeth. Needless to say the will was called
in question, but the affidavits of Sir George’s friends and servants,
in whom he had confided, secured its admission to probate.
Thus one witness said that “about ten or twelve days before the death
of the said Sir George, this deponent was eftsoons in hand again with
the said Sir George, that he should be good unto Nicholas Hervey;
to whom the said Sir George answering this deponent, showed of a
displeasure that was grown between him and the said Nicholas, and said
that he had given him a dash with a pen, and that he should never have
groat of him, and this deponent saith also that he was present when the
late Abbess of Elstow went unto the said Sir George instanted and moved
the said Sir George to be good unto the said Elizabeth, whereunto the
said Sir George utterly refused to do her any manner of good, saying
that she was not his daughter.”
Public-domain text, read in full here on John Shaqi.
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