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The Will of Mary Brain (d 1780)

 

In the Name of God Amen I Mary Brain of Long Compton in the County of Warwick Widow do make and publish this my last Will and Testament in manner and form following that is to say I give and bequeath unto my Head Servant or Bailiff and to my upper Head Servant who shall live with me at the time of my decease and to each of them a Suit of Morning to be bought and paid for by my Executors herein after named out of my personal Estate.

All my Money Securities for Money and all other my Goods Chattels and personal Estate whatsoever and wheresoever and of what nature or kind soever subject to the payment of my just debts and ffuneral expenses I give and bequeath the same unto my Brother John Venour of Wellesbourne in the County of Warwick Esquire and William Turner of Pudlycote in the County of Oxford Grazier their Executors and administrators upon Trust nevertheless that they or the Survivor of them or the Executors or Administrators of such Survivor do and shall pay and apply the same in the manner and form following that is to say twenty pounds part thereof to my Eldest Son Thomas Brain and twenty pounds part thereof to my Second Son William Brain when and as they shall severally attain their respective ages of twenty one years and upon this further Trust to pay the residue thereof equally unto and amongst all my eight other children or such of them as shall be living at the time of my decease at their respective ages of twenty one years but in case any of my said eight children shall die before they arrive to that age then I will and desire that the share of him her or them so dying of and in my said personal Estate shall be divided and paid unto and among the survivors or survivor of them share and share alike and upon this or further Trust that my said Trustees and Executors or their Survivor of them or the Executors or Administrators of such Survivor do and shall in the mean time and until my said children shall respectively attain their respective ages of twenty one years place their Moneys out at Interest upon such Securities as they shall think proper and pay the Interest and product of their respective shares of and in my said personal Estate unto my said Children annually until they shall attain their respective ages of twenty one years and I give unto my said Executors and to each of them a Handsome Mourning Ring to be paid for out of my said personal Estate. And my will is that my said Trustees and Executors shall be paid all reimbursements out of my said personal Estate all their reasonable Costs charges and Expenses which they or either of them shall sustain or be put unto in the Execution of the Trust hereby in them reposed and that my said Trustees and Executors shall not be answerable or accountable for any more Moneys than they shall respectively actually receive or that shall come to them in respective hands nor the one for the other of them but each for his own Act and Deed only nor for any Moneys which may be lost on any Businesses writ Security or Securities to be had or taken for the same so that the same happen not by or thro their own Willful Neglect or Default and I so hereby constitute and appoint the said John Venour and William Turner joint Executors of this my Will and Trust for the purposes aforesaid and also Guardians of my said Children until they shall arrive to their respective ages of Twenty one years.

I Desire to be Buried in the Church at Barton and to be carried in a Hearse and to have a Mourning Coach for the Mourners.

 

In Witness whereof I the said Mary Brain the Testatrix have to this my last Will and Testament contained in three sheets of paper put my hand and Seal this Seventeenth Day of October in the year of our Lord one thousand Seven hundred and Seventy Seven. Mary Brain Signed Sealed published and Declared by the above named Mary Brain the Testator as and for her last Will and Testament in the presence of us who at her request and in her presence and in the presence of each other have Subscribed our names as Witnesses. Mary Jenner – Thos. Townsend

 

This Will was proved at London the Seventh Day of June in the year of our Lord one thousand Seven hundred and Eighty before the Right Worshipful Peter Calvest Doctor of Laws Master Keeper or Commissary of the prerogative Court of Canterbury lawfully constituted by the oaths of John Venour Esquire and John (by mistake in the will called William) Turner the Executors named in the said Will to whom administration was granted of all and Singular the Goods Chattels and Credits of the deceased having been first Sworn by Commission only to administer.

 

Prob 11/1066

 

This Will was kindly transcribed and sent in by Brian.

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