Probate Clause 1729 Essex Will

[Mercian7]

Hi,

Is any one good with latin probate clauses in 18th Century wills ?

I have been puzzling over the one of a 1729 Essex will for Christopher Spillman. There is a mystery about this family as Christopher wrote his will in 1713 but it was not proved until 1729. Although he says he is of Little Baddow, he probably was buried in St. Peter, Maldon in 1713. His wife Judith's burial cannot be traced however in the same register there is a record of a burial in 1727 for just 'Spilman' and I wonder if this refers to her. The probate clause mentions Christopher, Judith and their son Joseph. However I am just not good at these latin clauses and wonder if it implies she died after her husband and therefore the son is seeking probate of his father's will. Any ideas on a transcription/translation

many thanks

John

[horselydown86]

I have done my best with it by way of a start, but am struggling with key areas.

Decimo Tertio Die mensis [Nov(em)?is] anno do(mi)ni 1729^o [?]

[Com(missi)o?] Josepho Spillman Filio [na(tura)li?] et l(egi)timo et [un?] [Lega?]

[p?libus?] superstitibus no(m)i(n)atis in Test(ament)o [sine?] ult(im)a vol(unta)te Christopheri

Spillman [nup(er)?] [p(aroch)?] de Baddow parva in Com' Essex def(unc)ti ad [administrand(um)?] bona [?]

d(i)c(t)i def(unc)ti [cum?] [d(i)c(t)o?] Test(ament)o Suo [annexe?] [?] Tenorem et [?] [?] de [bene?] [Jur?]

Juditha Spillman Vid(ua) Reli(ct)a d(i)c(t)i def(unc)ti [Ex?] necnon [Legat?] [resid?] in eod(em)

Test(ament)o [no(m)i(n)at?] mortem [?] [obe?] [antequam?] [Om?] [Executor?] [?] [?] [?]


I think it's clear that Joseph has survived Judith but we need a better transcript & translation to say more.  The last line may provide better information about the timing of Judith's death.

[Mercian7]

Thank you so much. That is extremely helpful.

I have done my best with it by way of a start, but am struggling with key areas.

Decimo Tertio Die mensis [Nov(em)?is] anno do(mi)ni 1729^o [?]

[Com(missi)o?] Josepho Spillman Filio [na(tura)li?] et l(egi)timo et [un?] [Lega?]

[p?libus?] superstitibus no(m)i(n)atis in Test(ament)o [sine?] ult(im)a vol(unta)te Christopheri

Spillman [nup(er)?] [p(aroch)?] de Baddow parva in Com' Essex def(unc)ti ad [administrand(um)?] bona [?]

d(i)c(t)i def(unc)ti [cum?] [d(i)c(t)o?] Test(ament)o Suo [annexe?] [?] Tenorem et [?] [?] de [bene?] [Jur?]

Juditha Spillman Vid(ua) Reli(ct)a d(i)c(t)i def(unc)ti [Ex?] necnon [Legat?] [resid?] in eod(em)

Test(ament)o [no(m)i(n)at?] mortem [?] [obe?] [antequam?] [Om?] [Executor?] [?] [?] [?]


I think it's clear that Joseph has survived Judith but we need a better transcript & translation to say more.  The last line may provide better information about the timing of Judith's death.

[shanreagh]

You could ask on the photography part of the board if anyone there could attempt to clean up the will by removing the 'bleed through' from the back as a start and then sharpening up the black etc, paying attention to the ends of lines   Doing this might enable horselydown86 to find some more words. 

[Bookbox]

It doesn't need a better image - HD has already posted the essence of it.

Probate could not be granted, because the executor had died – it’s a grant of administration. Here’s a translation ...

On the thirteenth day of the month of November in the year of the Lord 1729 there was issued a commission to Joseph Spillman, the natural and lawful son and one of the principal surviving legatees named in the will or last testament of Christopher Spillman, lately of the parish of Little Baddow in the county of Essex, deceased, to administer the goods of the said deceased with his said will annexed, according to the tenor and effect of the same, to well etc., who [i.e. Joseph] was sworn; Judith Spillman, the widow and relict of the said deceased, the sole executor and residuary legatee named in the same will, died before taking on the burden of execution of the same.

ADDED I'm a bit rushed now, but say if you need the full Latin transcript and I'll add it later.

[Mercian7]

It doesn't need a better image - HD has already posted the essence of it.

Probate could not be granted, because the executor had died – it’s a grant of administration. Here’s a translation ...

On the thirteenth day of the month of November in the year of the Lord 1729 there was issued a commission to Joseph Spillman, the natural and lawful son and one of the principal surviving legatees named in the will or last testament of Christopher Spillman, lately of the parish of Little Baddow in the county of Essex, deceased, to administer the goods of the said deceased with his said will annexed, according to the tenor and effect of the same, to well etc., who [i.e. Joseph] was sworn; Judith Spillman, the widow and relict of the said deceased, the sole executor and residuary legatee named in the same will, died before taking on the burden of execution of the same.

ADDED I'm a bit rushed now, but say if you need the full Latin transcript and I'll add it later.

Hi Bookbox, That is absolutely brilliant . You and HD are obviously well versed with these latin clauses which leave me without a clue. If you have time I would be very grateful to see a full latin transcript as it would help with other wills I have with similar problems. I think this family were unfortunate in losing prime executors just after the testator died but then, life was short in those times.
many thanks
John

[Bookbox]

Decimo Tertio Die mensis Nov(embr)is Anno Do(mi)ni) 1729^o Em(anavi)t

Com(missi)o Josepho Spillman Filio n(atu)rali et l(egi)timo et uni e legatarijs

prin(cipa)libus superstitibus no(m)i(n)atis in Test(ament)o sive ult(im)a vol(unta)te Christopheri

Spillman nup(er) p(aro)c(h)ie de Baddow parva in Com(itatu) Essex’ def(unc)ti ad adm(inist)rand(um) bona &c.

d(i)c(t)i def(unc)ti cum d(i)c(t)o Test(ament)o suo annex(at)o ac jux(ta) Tenorem et Effec(tu)m ejusd(em) de bene &c. Jur(ato)

Juditha Spillman Vid(ua) Rel(i)c(t)a d(i)c(t)i def(unc)ti unica Ex(e)c(utric)e necnon legat(aria) residuar(ia) in eod(em)

Test(ament)o no(m)i(n)ata mortem etiam obeunte antequam onus Execu(t)io(n)is ejusd(em) in se accompl(evisse)t

(It doesn’t add much to what was posted above, despite HD’s queries and apparent misgivings. One or two of the final extensions are debatable, but the general wording is clear enough.)

Judith hadn’t completed the administration of Christopher’s estate before she died. That would probably explain the delay between his death and this grant.

His wife Judith's burial cannot be traced however in the same register there is a record of a burial in 1727 for just 'Spilman' and I wonder if this refers to her.

Perhaps a burial for Spilman with no forename is more likely to have been an unnamed infant or still-born than a widow?