Jacob Pengelly -Will 1726 -Latin Translation ?

[ppen]

Hello
      Spent the last couple of days pouring over the will of a JACOB PENGELLY dated 26 May 1726 -Peter Tavy (listed on "Ancestry") ,my first encounter with a will written in Latin ! a whole new layer of argghhh ,not only cannot read the writting but is that a persons name or an item of his estate?

      I eventually worked out a Winfred and John Ellacott  mentioned ,which when I cross reference it against the Devon Consolidated Wills ("Find my Past " ?) I come up with an entry for a Winifred Ellacott,alias Cole alias Clarke alias Pengelly !! ,will dated 1732  she married 3 times ? and Pengelly was her maiden name?

A trawl through IGI gives me a Winifred (Mrs) Cole marries John Ellacott 1720 and a Winifred Ellacott marries a Peers Clarke 1732 which all seems to fit nicely but cannot get a marriage for her to a Cole or any deaths for her husbands or dates of birth .
And I still don't know what her relationship is to Jacob Pengelly  who seems to have been a Bachelor of Physic / Medicine and looks to be part of the Sortridge Pengelly's.

Any brave souls out there who  can understand/translate Latin and can help me find out how they are related would be greatly appreciated.

And a Happy New Year to all fellow "searchers"


     

[chempat]

How long is the will, and can you scan the image onto here?

[Bookbox]

The Latin document dated by Ancestry as 26 May 1726 (but actually 21 May 1726) is not a will, but a statement of the court's judgment on the validity of Jacob Pengelly's will, which appears to have been in dispute.

The will itself (very short) was subsequently proved on 9 June 1726, and is in English. There are two register copies of the will on Ancestry.

[Bookbox]

Here's a summary of what happened.

Jacob Pengelly of Sortridge in the parish of Tavy St Peter, Bachelor in Physic/Medicine, wrote his will on 20 January 1725/26. Apart from a bequest to his ‘Sis Dunninge’, he left everything to his brother Henry Pengelly, Rector of Tavy St Mary, the sole executor.

Because there were no witnesses to the will, its validity was challenged by ...

Jacob Pengelly’s four sisters ...
Winifred Ellacott (wife of John Ellacott)
Elizabeth Dunning (wife of John Dunning)
Thomazina Roe, widow
Frances Pengelly, spinster

 ... and his nephew and niece
John Jope/Hope(?)
Frances Moore (wife of Edmund Moore)

On the basis of depositions made earlier, the court confirmed by Judicial Sentence on 21 May 1726 that the will was valid, that Jacob Pengelly was mentally competent when he made it, and that Henry Pengelly as the appointed executor could apply for probate. Probate was granted in the PCC on 9 June 1726.

As mentioned above, there are two copies of the will (in English) in the PCC registers, identical bar copying glitches. One was made on 17 June 1726, when the original will was taken away for use by the executor. This copy was certified in the register as a true one, and the original will was handed over and signed for. The later copy will have been entered in the register when the original will was returned. The two register copies could then be cross-matched to check that the original will hadn’t been tampered with while it was out of court.

Hope that helps. Lots of marriages to look for. 

[ppen]

Vow Bookbox you have really excelled yourself that is amazing ,thankyou so much ,this is really above and beyond anything I was expecting

I eventually found the other two wills on ancestry ,the ones in English but as you say they are completely different to the Latin one in which only Henry is mentioned.
That would have been my next query had you not already answered it why were the two wills so completely different now I know.
 It shouldn't be a  suprise that there was a court case as that  seems to be a family trait ,there is mention of an award for dept of £240 for Winifred Ellacott (Jacob Pengellys Daughter) against a John Ellacott  (Husband or Father -in -law?) in 1723.
And there was a bit of a fuss when the Rev Henry Pengelly "forgot" to distribute the alms to the poor every year as his ancestor had stipulated,but he seems to have died before the case was closed.

Unfortunately with Jacob having no male issue it looks like I will have to look for  another possible link between my line and theirs but I am sure there is a connection somewhere I just haven't found it yet.

Thanks again for your invaluable help
Paul