Ballard v Meeringe

[Document is badly damaged down the right hand side and faded down the left hand side]

Gentleman of Wymeswold, Leicestershire, his wife, lately called Valentine Rolston[1] and [name torn off], esquire, of Chadworthe in Notts.

Edmund Meeringe, late of Fenton, Notts, uncle of Valentyne, held property in Sturton and by his will of 2 March 1564/5 bequeathed this to his wife Jane, and then to George Fenton and his heirs, paying 26 shillings for the use of the poor of the town. If George died without heirs, then the property to go to Edward Fenton. If he, too, died without heirs, then the property would descend to the next heirs of Edmund Meeringe. Before he died, Edward Fenton called Valentyne to his bedside along with her father (being father in law to Edward Fenton) and Thomas Meeringe, next heir to Edmund Meeringe, and also Thomas Flower of Huknall Torkerd, gentleman, being also half brother, by his mother’s side, to Valentyne and Edward Fenton, and next heir of Edward. The latter made clear his wishes for the property and they all agreed. Fenton made his will 19 February last [1591/2]. Details given. Leaves his property in Stanton and Fenton in half share each to Valentyne Rolston and Thomas Flower, his half brother and sister and their heirs. They were to pay 4 marks each year at Pentecost for the poor of the Parish of Hucknall. However Thomas Meeringe, appointed one of the supervisors of the will, refuses to give the half share of the property to Valenyne or the 4 marks to the poor. She was born in the town[2] and was trusted by her half brother Edward, to pay the money to the poor.

True that Edmund Meeringe was seized of his property in Fenton and Sturton in Nottingham. In his will he bequeathed it to his wife Jane, during her lifetime, then to George Fenton, if he had no issue, to Edward Fenton, if he had no issue, to the heirs of Edmund Meeringe. The defendant is brother and next heir to Edmund Meeringe and, as such, the property came to him. But he was unaware of this when Edward Fenton asked his help to draw up the will in which the property was to be shared between Valentyne Roulston and Thomas Flower. He concurred with this as he was not willing to cross a sick person and being ‘simple and ignorant’, even although the provisions of the will were unreasonable. After Fenton’s death, the defendant proved his correct title to the property, figuring that the value of the property bequeathed him by his brother Edmund was worth more than any legacy given him by Edward Fenton in his will. Declares that he is not bound in conscience and equity to the will. After the death of Fenton he refused to have anything to do with the will, and has received no benefit from it.

Emphasise that Thomas Meeringe was one of the overseers of the will of Edward Fenton and should not have defrauded Valentyne. Also maintain that Thomas Flower is trying to get all the land for himself. Stress that Meeringe agreed to the provisions of Fenton’s will, for whatever reason.

[1] Edward Ballard and Valentine Rolston were married before 8 November 1592.

[2] Valentina Rolston was born in Hucknall.