To continue the story of Frances – from 1561 – 1572
Sadly Frances’ life suffers another setback when her mother Alice dies in 1561.
Alice realised, all too late, the type of a man she had married in 1547, as all her personal wealth and responsibilities were taken by Richard Blackwall – his ‘rights of marriage’.
This included the Lease of Calke she was holding in trust for her daughter Frances.
She was under his control – a ‘kept’ woman. His view was – a woman had no rights.
John Preste appeared to have a different view for women and position…
To protect Frances for her future, John was deliberate in the wording of his will about the Calke Lease – ‘are left to my youngest daughter Frances and her Heirs’
(This would ensure no future husband would have any ‘rights of marriage’ to take the Lease)
Her short will of 1548 is proved in London on 26th July 1561. [1]
But her Executor Richard Blackwall continues to ignore Alice’s wishes that he should honour John Prest’s will for Frances, by handing over the lease of Calke and all that goes with it.
Richard Blackwall continues to ‘rule’ Calke, receiving all the payments from the Tenants, which legally should go to Frances. It appears that she had no standing against Richard Blackwall; he being a lawyer was able to twist the law to suit himself.
With her Mother now gone Frances had no help, as it appears that William Bradbourne was a weak husband.
This is backed up in 1561 after her Mother’s death, when Richard Blackwall takes his step-daughter Frances and William Bradbourne to court, claiming that they had taken jewels, coins and silks from Alice his wife, both during her lifetime and afterwards, all of which were officially his.
Although Frances stated that they were rightfully her inheritance, the Court ruled that William Bradbourne had no claim or call to anything at Calke [2]– the Court completely overlooking the fact that Frances, not Richard Blackwall, was the rightful owner of Calke, backed up by her Father’s Will.
I believe Alice was trying to right the wrong, by transferring items of value to Frances, as Richard Blackwall had kept all the income from Calke.
The reason why William Bradbourne didn’t challenge the verdict, was because in
Richard Blackwall’s will of 1568 it states he had William Bradbourne sign a decree on 5th December 1561, relating to the leases of Richard Blackwall’s Calke tenants, in return for £600.
So, William Bradbourne had signed away his rights, although in reality he had no rights to Calke, as John Prest’s will was written in such a way that only Frances and her Heirs would benefit from the Lease of Calke.
The controlling nature and greed of Richard Blackwall’s character are reflected in later court cases. He took everything of value and authority from Alice and Frances.
The Lease of Mantelles, also bequeathed to Frances by John Prest.
Alice was unable to complete her duties as John’s Executrix, which resulted in unpaid bills.
Both Alice and Frances were to receive a third of John’s monies, after debts paid. The final third was to satisfy John’s will. Did Richard Blackwall take it all?
Richard Blackwall dies on 18th March 1568.
Will things improve for Frances or will Richard have the final say?
In his will dated 25th July 1567, proved on 24th March 1568, he finally acknowledges that Frances Bradbourne is the rightful owner of Calke, as per John Prest’s will. [3]
He then ignores this fact completely, by instructing his executors to extend his Tenants’ Leases by 21 years, (still in the pre-paid period) with the dues to be paid to his estate, to satisfy the ‘Wishes of his Will’.
So again, Frances misses out on the Estate Income.
With Blackwall gone, Frances Bradbourne née Prest was finally able to be the official owner of the Calke lease. Unfortunately for her, Richard Blackwall’s executors have retained the lease.
In 1571 – Frances and William Bradbourne – take Richard Blackwall’s Executors to Court as they have retained the lease of Calke, which she needs to prove her ownership.
They also included a charge for stealing wood from Calke, both by Richard Blackwall while alive and his Executors following his death. [4]
The outcome of this case appears not to go well for Frances, as later court cases will show.
As proved with Richard Blackwall, the legal workings and values held by individuals to better themselves first and foremost, was to use the workings and the knowledge of the Law for their own advantage. One way for ‘getting what one wants’.
Sadly in 1572 Frances Prest (Bradbourne) died intestate.
She had married in 1557 but there were no heirs, which was a requirement of Richard Blackwall’s will, where he instructed his executors to sell the ‘farm’ (lease) to ‘mend roads in Essex’ as per John Prest’s will. Note the word ‘Farm’ was sometimes used for ‘Lease’.
21st November 1572 – Lichfield Consistory Court Book –
Isabel Lathbury née Palmer, was granted the Administration of the goods and chattels of Frances Prest (Bradbourne). [5]
One would expect the Lease of Calke to be included, but this was not the case.
Richard Blackwall’s Executors still held the Lease.
Interesting point – (There’s no mention of her husband William Bradbourne – who is known to have later married Tabitha Cockayne)
Next article – Court Cases for the Ownership of the Calke Lease – 1573
Unexpected Legal Owner found.
NO, NOT Richard Wendsley.
Although, he’s involved with a BRIBE.
References
[1] TNA PROB 11/44/274 – also transcript Derbyshire Wills 1393-1574. No. 83 – Derbyshire Record Society – 1998
[2] TNA C 78/22/36 – The National Archives, Kew. – Blackwall v Bradbourne
[3] TNA PROB 11/50/84 – also transcript Derbyshire Wills 1393-1574. No. 97 – Derbyshire Record Society – 1998
[4] TNA C 3/16/74 – The National Archives, Kew
[5] 21st November 1572. Lichfield Consistory Court Book, Stafford. DRO Ref. 163. – Find my Past – Staffordshire, Dioceses of Lichfield and Coventry Wills and Probate 1521-1860
