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History Forum / General / British History / August 2007



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Complete Peerage Addition: Wills of Sir John Cornwall, Lord Fanhope

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Douglas Richardson - 24 Aug 2007 20:35 GMT
Dear Newsgroup ~

Complete Peerage, 5 (1926): 253254 (sub Fanhope) includes a good
account of the life history of Sir John Cornwall, Lord Fanhope, who
died in 1443.  According to Complete Peerage, Lord Fanhope left a will
dated 10 December 1443, directing burial in the Friars Preachers,
Ludgate.

According to the source cited below, however, Lord Fanhope actually
left two wills, one dated dated 1 April 1437 and the other dated 10
Dec. 1443, both of which were probated.  Under the terms of the first
will, a life rent of 40 marks payable out of certain London properties
was devoted to prayers for his soul.

Source: Beaven, Reports of Cases in Chancery, 2 (1841): 588-604.

This same addition needs to be made to Complete Peerage, 5 (1926): 200
(sub Exeter).

Best always, Douglas Richardson, Salt Lake City, Utah
mjcar@btinternet.com - 24 Aug 2007 21:58 GMT
> Dear Newsgroup ~
>
[quoted text clipped - 9 lines]
> will, a life rent of 40 marks payable out of certain London properties
> was devoted to prayers for his soul.

Dear Douglas

That is interesting; thank you.

One slight correction: the bequest was not a life rent, but a rent-
charge, designed to last for ever, but in fact extinguished during the
Reformation.

Regards, Michael
Douglas Richardson - 24 Aug 2007 23:58 GMT
Dear Michael ~

Yes, you're entirely correct.  Sir John Cornwall, Lord Fanhope,
conveyed the great tenement on Thames Street in London in 1434, to
William Londroppe, John Fitz Geoffrey, and Walter Pijou, subject to a
rent charge of 40 marks.  It was a rent charge, not a life rent.
Under the terms of his first will dated 1437, the rent charge was to
be used for prayers for Lord Fanhope's soul (may he rest in peace).

If I  understand the testimony correctly, however, Lord Fanhope also
held a life estate in the property, in addition to the rent charge.
Needless to say, this is a rather unique situation, but it certainly
is not irregular.

Basically,it shows how the ownership of property consists of a bundle
of rights, which rights can be bought, sold, or leased separately from
each other.  Property can be held outright, or held for the term of a
person's life.  If a property is held for life, the reversionary
rights can be bought and sold, again and again.  A life estate can
also be bought and sold.

In any event, it's definitely an interesting lawsuit.  Thank you for
your comments.

Best always, Douglas Richardson, Salt Lake City, Utah

mj...@btinternet.com wrote:
> > Dear Newsgroup ~
> >
[quoted text clipped - 19 lines]
>
> Regards, Michael
Alan Williams - 25 Aug 2007 23:33 GMT
> Dear Newsgroup ~
>
[quoted text clipped - 9 lines]
> will, a life rent of 40 marks payable out of certain London properties
> was devoted to prayers for his soul.

Why were both wills probated?  It's normal now for a will to state that
it voids all previous wills; did the will of 1443 not void the one of
1437?  It could make for some horrendous court cases if there are
multiple valid wills.

Alan
 
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