The Will of Benedict Conquest

Summary:
 

Testator:                          Benedict Conquest (1) of Irnham, Lincs

Uncle and guardian:         George Markham (2)

Servant and creditor:       Stephen Bullemor

Next friend and guardian: John Frederick

Litigants:                         Cosmos Nevile (4) and Edward Markham (3)

Cousins:                          William and Thomas Rayment (5)

Aunts:                              Elizabeth and Winifred Conquest, Mary Markham (6) of Somerby

Cousin:                            John Burch (7) of Pozley, Derbyshire

Friends:                           Benedict Hynde, George Bishop, Robert Newton

Servant:                           Eleanor Smedley

Sister and sole executrix:  Mary Conquest (8)

Signed:                            24 Aug 1760

Witnesses:                       Thos. Allan, Charles Bedingfield, Jn. Fawkes

Codicil:                            Written in Brussels by M. J. LeBoucq, notary, and translated from the French in London by John Greene, notary public

Godmother:                     Mrs. Mary Hind of Walaby (Worlaby, Lincolnshire)

Legatees:                         John Horringold (?Hornyold) of Longbirth in Staffordshire, Thomas Willis and Miss Anne Bryon both of Brussels

Cousins:                          Mary and Catherine Markham, daughters of the late George Markham

Friend:                            Clement Paston of Brussels

Cousins:                          Mary, Etheldrid, and Cecille Mannock (9) living in Brussels

Servants:                         William Yates, Helen Smedly, Elizabeth Mottram, Robert Wright, Helen Smedley the younger

Signed:                            26 Aug 1761

Witnesses:                       John Charles Denman and Rev. George Bishop

Probate:                          Granted at London 29 Aug 1761 to Mary Conquest, sole executrix

Notes:
 

1.	Benedict Conquest (1739-1761) was the only surviving son of Benedict Conquest (1709-1753) of Irnham, Lincs, by Mary Markham (b 1706 and presumably died before her husband)
2.	George Markham of Ollerton (1698-1760) was testator’s maternal uncle and guardian
3.	Edward Markham, another of testator’s maternal uncles, died in 1772
4.	Cosmos Nevile was of the family of Nevile of Holt, which inter-married with the Markhams (see Burke’s Landed Gentry (1969) p 468)
5.	William and Thomas Rayment were the sons of Thomas Rayment of Saint Margaret Lothbury, London, by testator’s paternal aunt, Anne Conquest
6.	Mary Markham of Somerby, nee Watkins, was the widow of one of Conquest’s maternal uncles, probably Thomas Markham. Her will was made in 1764 and proved in 1768, her sister Winifred Watkins, spinster, being residuary legatee and sole executrix. I was tempted to think that she was George Markham’s widow, but her maiden name was Salvin. The widow of George’s brother Thomas, name not given, died at “Somerly”, perhaps an error for Somerby.
7.	John Burch of Pozley could be related to testator through his grandmother, whom I have conjectured was Hannah Birch of Nottingham
8.	Mary Conquest (1735-1813) married Henry Arundell, 8th Lord Arundell of Wardour, and had two surviving daughters.
9.	The Mannocks were daughters of Sir Francis Mannock, fourth baronet, of Gifford’s Hall, Suffolk. They were related to the Conquests through the Neviles of Holt and the Markhams of Ollerton.

Source:
UK National Archives: Prob 11/867, Image 412

Text:

This is the last Will and Testament of me Benedict Conquest of Irnham in the County of Lincoln, Esquire, made the twenty fourth day of August in the year of our Lord one thousand seven hundred and sixty
Whereas since the death of my late uncle and guardian Mr. George Markham I have found it necessary to contract some debts by procuring and taking up money for my support and maintenance and for expenses attending the management of my affairs, now in order to make a provision for the payment thereof and to leave some mark of my esteem to the several persons hereinafter mentioned
I give and bequeath all my personal estate of what nature or kind soever to my executrix hereinafter named upon trust, in the first place to pay all my just debts which I shall owe at the time of my decease and particularly to pay or allow in account the sum of three hundred and ninety four pounds two shillings which I have already had and received out of the rents of my estate from Stephen Bullemor or any other person or persons whatsoever and also to pay all such costs and charges as I or John Frederick, Esquire, as my next friend and guardian may be liable to pay in a suit in Chancery lately brought at my desire and for my benefit by the said John Frederick as my next friend against Edward Markham and others and of another suit brought or attempted to be brought in my name by Cosmos Nevile, Esquire and of another suit brought by the said Edward Markham against me and several other parties and all other expenses incident thereto, and upon further trust to pay the following legacies , viz,
To my dear cousins William Rayment and Thomas Rayment the sum of two hundred pounds each
To my dear Aunts Elizabeth and Winifred Conquest two hundred pounds each
And also to my dear Aunt Mrs. Mary Markham of Somerby and to my cousin John Burch of Pozley in the County of Derby, Esquire, the sum of two hundred pounds each
And to my good friends Benedict Hynde, Esquire, John Frederick, Esquire, Mr. George Bishop, and Mr. Robert Newton the sum of one hundred pounds each
And to my servants Eleanor Smedley and Stephen Bullemor fifty pounds each which I give and bequeath to them accordingly
And all the rest and residue of my personal estate whatsoever and wheresoever I give and bequeath the same unto my dear sister Mary Conquest and do hereby constitute and appoint her Sole Executrix of this my last Will and Testament
In witness whereof I have set my hand and seal the said twenty fourth day of August 1760 - Ben. Conquest
Signed and sealed by the above named Benedict Conquest and by him published and declared as and for his last Will and Testament in the presence of Thos. Allan, Charles Bedingfield, Jn. Fawkes

Translated from the French

On the day, the thirteenth of April one thousand seven hundred and sixty one appeared before me the underwritten notary ?admitted by his Majesties Sovereign Council appointed in Brabant living in the City of Brussels and in presence of the undernamed witnesses, the Sieur Benoit Conquest of Irnham in the County of Lincoln, Esquire, being sick in bed, having and enjoying his five senses, memory, and understanding, as appeared to me the notary and the witnesses after named who considering human frailty and that nothing is more certain than death and more uncertain than the hour thereof declared that he ratified and approved his will made in England willing that the same shall be executed in every part, willing moreover without altering his said will to give by way of Codicil as follows
First he devises and leaves to Mrs. Mary Hind of Walaby, widow, his godmother the sum of one hundred pounds sterling
Item, he devises and leaves to Mr. John Horringold [?Hornyold] of Longbirth in Staffordshire one hundred pounds sterling and leaves to his friend Mr. Clement Paston of Brussels the sum of thirty pounds sterling
Item, he devises and leaves to Mr. Thomas Willis of this City of Brussels the sum of ten pounds sterling
Item, he devises and leaves to Miss Anne Bryon living in this City the sum of five guineas
Item he devises and leaves to his cousins Mary and Catherine Markham, daughters of the late Sieur George Markham Esquire to each the sum of one hundred pounds sterling
Item, he devises and leaves to Mr. Stephen Bullemor of Hawthorp in the parish of Irnham in Lincolnshire the sum of fifty pounds sterling
Item, he devises and leaves to his three cousins Mary, Etheldrid, and Cecille Mannock living in this city of Brussels the sum of ten pounds sterling to each
Item, he devises and leaves to his servant William Yates the sum of twenty guineas and all his clothes and also a complete suit of mourning
Item, he devises and leaves to his two servants at his Castle at Irnham named Helen Smedly and Elizabeth Mottram to each a year’s wages and all his body linen to be divided equally between them except one dozen of his finest new shirts and all the laces he has bought in this city of Brussels which dozen of fine shirts and laces he devises and leaves to the disposal of his sister Mary Conquest
Item, he devises and leaves to his servant Robert Wright of Irnham the sum of five pounds sterling
Item and lastly, he devises and leaves to Helen Smedley the younger at Irnham the sum of five pounds sterling
The appearer declaring from his heart this to be his last will desiring that the same may be executed according to its full and plain force as his said will notwithstanding all the formalities of law and customs requisite in this case shall not have been observed departing from all such. Thus done and passed in the city of Brussels the day, month and year aforesaid in the presence of Mr. John Charles Denman and the Reverend Mr. George Bishop as witnesses thereto requested and called and the said testator and witnesses being asked by me the notary if they could write they all answered Yes the minute hereof whereto is annexed a stamp paper according to the regulation being signed by the said testator and witnesses jointly with me the notary with their usual signatures which I attest M. J LeBoucq, Notary 1761

Faithfully translated from the French at London this twenty sixth day of August 1761 by me John Greene, Notary Public

This will was proved at London with a codicil annexed before the Worshipful George Harris, Doctor of Laws, surrogate of the Right Worshipful Howard Simpson, Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted, on the twenty ninth day of August in the year of our Lord one thousand seven hundred and sixty one, by the oath of Mary Conquest, spinster, the sister of the deceased and sole executrix named in the said will, to whom administration was granted of all and singular the goods, chattels, and credits of the deceased, she having been first sworn duly to administer.