In the Name of God Amen: the twelveth or # thirttenth day of December Anno Domini one thousand six hundred and five or # thereabouts Richard DAVIDGE of Lyme Regis in the Countie of Dorset being in perfect mind and memorie made his last will and testament Nuncupative(1) in manner and # forme followinge or the like in effect vizt: he beinge demanded by diverse of his frends then present with him in his last sicknes who should have all his goodes and whatsoever god has blessed him withall, And who should be his Executor, did answeare in effect as followeth All that I have I give unto my cozen Richard PEERCE, whom I make my Executor in the presence and hearing of diverse credible witnesses. PROVED was this oral will at London before John AMYE legal surrogate for the venerable John BENNET legal judge of the Prerogative Court of Canterbury on the 24th day in the month of December in the year of our Lord one thousand six hundred and five Richard PEERCE is confirmed as executor of this oral will of the deceased to whom administration of his estate is granted. Genealogical Notes:- (1) Nuncupative:- Law (of a Will or Testament) declared orally as opposed to in writing. Until 1838 these were testamentary intentions expressed by the decease's word of mouth before credible witnesses', who later made sworn statements before the probate court. By the Statute of Frauds, 1678, there had to be at least three witnesses who had heard the deceased's wishes spoken in his own house and during his last illness. They needed to have them written down within six days, and not proved until 14 days after the death. Since 1838, nuncupative wills can be made only by soldiers on active military service, and by seamen at sea. Freehold land could not be devised by a nuncupative will, nor could a written will be revoked by on (2). An earlier Richard PEARSE of Lyme Regis died and left a will Prob 11/58 which was proved on 28 Oct 1597. |