Sworn Affidavit Regarding Handwriting Verification of William Babb’s Will
At first this set of estate records appears very confusing. For whatever reason, the Will needed to be verified by people who knew William’s handwriting. The ostensible reason is that William failed to sign his own Will as you will see below. The authenticity was attested to by people who were not left an inheritance for obvious reasons, which allowed for the forthcoming documents to be processed. William also fails to name his brother, but a clue is given that he also assigns John Babb as his Executor. William is also part of a long line of Wheelrights that appear to have made good money in this trading post.
Affidavit Transcription
The 27th Day of October one Thousand seven hundred and Seventy five
In which Day appeared personally Guy Abraham of the Parish of Berkhamsted St. Peter’s & County of Hertford Schoolmaster and William Wright of the Parish & County aforesaid Wheelwright and severally made oath that these deponents were well acquainted with William Babb late of Berkhamsted in the County of Hertford Wheelwright deceased for 14 years before his death and during such their acquaintance with him have seen him write and thereby became well acquainted with his manner and Character of Handwriting and having now recived and perused the Paper Writing hereunto annex purporting to be the last Will and Testament of the said William Babb beginning thus In the name of God Amen the 21 of December 1766 I William Babb of Barkhamstead in the County of Hertfort Wheelwright – and ending thus – Except my Brother should marry and have child for they to have a share with all the rest – do say that they verily believe the said paper writing to be all totally wrote by and with the proper hand of the said William Babb deceased
The abovenamed Guy Abraham and William Wright were duly sworn to this truth of the Promises the day and year above written before me
Guy Abraham (Signed)
William Wright (Signed)
Thomas Bland Surrete [Surety]
Legal Context of the Affidavit
This document is a sworn affidavit dated 27 October 1775, in which two men—Guy Abraham, a schoolmaster, and William Wright, a wheelwright—testify under oath that they were well acquainted with William Babb, a deceased wheelwright from Berkhamsted, Hertfordshire. They affirm that they:
– Knew William Babb for 14 years before his death.
– Were familiar with his handwriting.
– Had examined a document dated 21 December 1766, which purports to be his last will and testament.
– Recognized the handwriting throughout the document as that of William Babb.
This kind of testimony was often required in probate cases where a will was holographic (entirely handwritten by the testator) and lacked formal witnesses or signatures. In addition, in this instance the actual Will is not signed.
Key Legal and Historical Notes:
– Handwriting verification was a common method of authenticating wills before modern forensic techniques.
– The presence of a schoolmaster and a fellow tradesman as witnesses suggests a community-based validation process.
– The phrase “Except my Brother should marry and have child for they to have a share with all the rest” implies a conditional clause in the will, possibly affecting inheritance distribution.
William Babb’s Will (1766)
Formal Transcription (Early Modern English)
In the name of God Amen the 21 of December in the year of our Lord God 1766 William Babb of Barkhamstead in the County of Hertfort Wheelright being in good helth an sound memory I thank God for it
I call to mind the mortality of Body and knowing that all must die I do make and ordain this my last Will and Testament that is to say
first of all I give an recommend my Soul into the hands of God in my body to be decently buryed
an I Give to my Brother John whom I make Exectertor of this my last will all my houses lands rede more dowren his life
an I give to Danell Wheeler that house orchards and barns and all thats there unto longs now in the ocupation of the widdow Ludgate and William Greay after the death of my brother unto him an his ares
an to his sister Elizebeth Give Fiftey pounds to be put out for her our duren her life and then to Daniell Wheeler and his ares
an to mare Norris I give that house and land now in the occupation of Henry Chapman and James Waller for her in her ares
an to Ann Norrington and her sister Susan all this my house an orchards barns an all ware I now dwel and that house at Gosemsends now in the occpation of Joseph Tosster and William Tosster his brother
to Ann Norrington and Susan an there are as all the reover rest if any to be devided betwene my sisters Children then living except my Brother should mary an have child for hay to have with all the rest
Modern English Translation
In the name of God, Amen. On the 21st of December in the year of our Lord 1766, I, William Babb of Berkhamsted in the County of Hertford, wheelwright, being in good health and sound memory, thank God for it.
I call to mind the mortality of the body and knowing that all must die, I do make and ordain this my last will and testament.
First of all, I give and recommend my soul into the hands of God and my body to be decently buried.
I give to my brother John, whom I make executor of this my last will, all my houses, lands, and everything else for the duration of his life.
I give to Daniel Wheeler the house, orchards, and barns, and all that belongs to them, now in the occupation of the widow Ludgate and William Greay, after the death of my brother, to him and his heirs.
To his sister Elizabeth, I give fifty pounds to be invested for her during her life and then to Daniel Wheeler and his heirs.
To Mary Norris, I give the house and land now in the occupation of Henry Chapman and James Waller, for her and her heirs.
To Ann Norrington and her sister Susan, I give all my house, orchards, barns, and all where I now dwell, and the house at Gossoms End, Berkhamsted, Hertfordshire, England now in the occupation of Joseph Tosster and William Tosster, his brother, to Ann Norrington and Susan and their heirs.
All the rest, if any, to be divided between my sister’s children then living, except my brother should marry and have a child, for they to have a share with all the rest.
Glossary of Terms
– Wheelwright: A skilled craftsperson who builds and repairs wooden wheels for carts, wagons, and carriages.
– Messuage: A dwelling house with outbuildings and land assigned to its use.
– Tenement: A piece of land held by an owner.
– Appurtenances: Accessories or other items associated with a particular activity or style of living.
– Executor: A person appointed to carry out the terms of a will.
– Heirs: People legally entitled to the property or rank of another on that person’s death.
– Orchards: Areas of land where fruit trees are grown.
– Barns: Large farm buildings used for storing grain, hay, or straw or for housing livestock.
– Outhouses: Small buildings separate from the main house used for storage or as a toilet.
Probate Confirmation for William Babb’s 1766 Will
Formal Transcription
The 27th Day of October 1775
John Babb the sole Executor within named was sworn to the due Execution of the within will & the said Will on paper writing being first prove by the oaths of Guy Abraham and William Wright to be the proper handwriting of William Babb deced the within named Testator before said.
Thomas Bland Surrogate
Proved at Great Berkhamsted 27th Oct 1777 before the Revd. Thomas Bland & Surrogate of the Worship Arthur Collier L. L. D. Coming in & thro’ the whole Archdeaconry of Hertford & also Michael Tyson A B D. official in & thro’ the same Archdeaconry both lawfully appointed by the Oath of the Extor [Executor] to whom was granted dont being first sworn &c Saving &c
Legal Significance
This probate confirmation document verifies the authenticity and execution of William Babb’s 1766 will. The key points include:
1. Sworn Affidavit: On 27 October 1775, John Babb, the sole executor, was sworn in to execute the will. The will was authenticated by the oaths of Guy Abraham and William Wright, who confirmed it was in William Babb’s handwriting.
2. Probate Confirmation: The will was officially proved at Great Berkhamsted on 27 October 1777 before Reverend Thomas Bland and Surrogate Arthur Collier, along with Michael Tyson, who were appointed officials for the Archdeaconry of Hertford.
Legal Context:
– Probate Process: In 18th-century England, the probate process involved verifying the authenticity of the will and swearing in the executor to administer the estate according to the will’s instructions.
– Executor’s Role: John Babb, as the executor, was responsible for managing the estate, paying debts and legacies, and distributing the remaining assets to the beneficiaries.
– Witnesses: The presence of witnesses who could verify the handwriting and authenticity of the will was crucial for the probate process, ensuring that the will was genuinely created by the deceased.
-This document provides a formal record of the probate proceedings, ensuring that William Babb’s estate was administered according to his wishes.
Citation:
“Hitchin, Hertfordshire, England records,” images, FamilySearch (https:// http://www.familysearch.org/ark:/61903/3:1:3Q9M-CSNL-S9XZ-F?view=fullText : Jun 9, 2025), image 627 of 737; Church of England. Archdeaconry of Huntingdon. Hitchin Division. Court. Image Group Number: 008084777
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSNL-S9XZ-F?view=fullText