Wills/Intestacy

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1300: M1313 A: Procedure for ecclesiastical sequestrators in handling intestate goods to pay debts. Leicestershire. Margaret who was the wife of James Spigurnel v. John de Horbelyng, Master William de Hale parson of Folkingham, Master Adam de Seyntboys parson of Neubolde Verdun, Remigius Meulers de Dadlington, Simon son of Richard de Dadlyngton, John le Chaumpioun, Walter de Salby, Ralph Cole, William Hardying, William de la Sale, William Michel, Robert Michel, Walter Aleyn, Thomas Cole, Alice Foryoun, Simon her son, Robert Alybon, John Gylofre, Richard Seynior, & Nicholas son of Anabilla de la Sale de Dalynton. [1] T1315 A: In London, where one could leave tenements by will, the mayor and aldermen first delayed probate of a will and then delayed enrollment and execution of the will. Case brought by William de Burgh and Margery his wife, executors of Edmund Horn. [2]; [3]; [4] T1315 B: William le Forester v. William Segar chaplain. Trespass taking of goods and chattels at Basingstoke; not guilty plea. Verdict: "A certain Juliana wife of the abovesaid William le Forester and mother of the abovesaid William Segar chaplain languishing in extremis by license of the abovesaid William her husband executed a testament and after her testament thus executed ordered a certain one her maid to deliver to the aforementioned William Segar then present 10 p.s. that was under the same Juliana's head to celebrate for her soul, which certain maid delivered the abovesaid money to the same chaplain, the aforementioned William le Forester then wholly ignorant of this, but when he preceived that gift, he did not accept it. Asked if the abovesaid 10 p.s. were contained in the testament, they say no. Damages if any: 20s." adjourned to Michaelmas term without judgment. [5] T1316 A: Right to devise by will in Cambridge. Walter de Spaldyng v. Guy le Spicer, John Tuillet, Richard de Thakstede, Adam de Bungeye, and Geoffrey de Wardeboys, bailiffs of Cambridge. Concerning the will of Alan de Spalding, the bailiffs declined to probate the will because Alan was not a burgess, whereas the privilege was granted to the burgesses. This was considered a frivolous reason, since the privilege was not personal to the burgesses but general. Nevertheless, since the writ did not track the words of the charter, the case was dismissed. [6]

1325: H1349 A: Yorkshire. Presented that Master John de Kyrketon of South Burton dean of Beverley and sequestrator of Holdernesse of the archbishop tok by extortion from all wills probated before him up to the sum of 20 p.s. He made fine with the king. And he took 5s by extortion from the will of John de Hill in Skiytteby in 16 Edward III [7] rcp H1349 B: Yorkshire. Presented that William de Hudelston sequestrator of the archbishop takes from wills containing 40s either 5s or 6s, whereas he ought to have only 2s, in oppression of the people. He made fine. [8] rcp And another presentent tha Hudelston took from John Cather(--) 4s for the probate of his wife's will, from Henry le Barker 5s, from John le Pynder 5s, from Adam son of Richard de Neuson 5s, from Edmund de Horton 40s, and thus from all people who had wills to probate. [9] rcp H1349 C: Yorkshire. Presented that Richard de London of Beverley sequestrator of the archbishop of York in the East Riding and other officials cited the burgesses of Scarborough to the extreme limits of the diocese by taking 40s for the probate of wills, sometimes more sometimes less at their will; they customarily had paid only 30d for the probate of a single will according the synodal statute late approved. [10] rcp H1349 D: Yorkshire. Presented that John de Stokesley sequestrator of Ryedale Cleaveland and offical of the dean of Pickering was unwilling to grant to anyone the administration of the goods of the dead for less than 5sd or a half mark where a testament did not reach the value of 20s and although people were accustomed to pay for a testament that reached 20 p.s. only 2s or less. He made fine. [11] rcp H1349 E: Yorkshire. Presented that John de Burton sequestrator of Estrington extorted money from all who came before him for probate of wills: he took 13s4d for the probate of the will of Roger Swan and 40s for the probate of the will of John Raper. He made fine. [12] rcp H1349 F: Yorkshire. Presented that Master John de Aldfeld and Master Gilbert de Welton clerks and ministers of the archbishop of York took for probate of a will exceeding 10 p.s. "100s, 10 marks, 20 marks" by extorsion, more or less and at will, whereas their predecessors were accustomed to take for probate of each will 2s6d only from time immemorial; and they pursued them for payment. [13] rcp H1349 G: Yorkshire. Presented that John Buctrout de Masham farmer of the prebends of Masham and Neubald, which prebends have ordinary jurisdiction practiced extortion for 10 years at the chapters of the prebends. For a will that extended to 100s he took 100s; for a will that extended to 10 p.s., he took 10 p.s., and thus it was presented that he took more for the probate of a will than the chattels of the deceased were worth. Over the ten years he took more than 500 p.s. And he was also a common forestaller in Masham of all goods. He was also a common usurer, taking for the loan of 20 p.s. 30p.s., as from the abbot of Fountains and Jervaulx and many other abbots and priors. He made fine. [14] rcp H1349 H: Yorkshire. Presented that Master John de South Burton former sequestrator of the archbishop of York took from Isabela late executrix of Thomas son of Martin de Barton for probate of the will 8s and for the acquitance of Thomas at the tiime of the account 8s and he took from Robert Haukayn executor of Wymark late wife of William Haucayn for probate of the will 5s by extortion. [15] H1349 I: Yorkshire. Presented that Adam vicar of Berdesay dean of Aynsty, Ripon, and Sherburn and William de Hudeleston his clerk took for the probate of wills and for the render of the account of wills more than they ought, to wit, from wills that reached to 30s, 5s. [16] rcp H1349 J: Yorkshire. Presented that Richard Tut dean of Pontefract took for the probate of a will and for the account of a will that reached 30s, 5s. [17]

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