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This is the last Will and Testament of me Richard Brain of Banbury in the County of Oxford Innkeeper (that is to say) whereas Richard Brain late of Banbury
aforesaid Innkeeper my late ffather Deceased in and by his last Will and Testament in Writing Duly executed and attested as is by Law required for passing Real Estates bearing date on or about the thirty first Day of March which was in the Year of our Lord One thousand Seven hundred and Ninety one Did after taking notice that his Wife Mary in case she survived him would be entitled to her Dower and Thirds of and in a Close of inclosed Ground with the Appurtenances situate lying and being in the Liberty of Shutford in the said County of Oxford for and during the term of her natural Life I give and devise one Moiety or undivided half part with the Appurtenances of all that the said Close of inclosed Ground with the Appurtenances situate and being in the Liberty of Shutford aforesaid unto his Daughter Ann Baker and her Assigns for her life and after her Decease unto and amongst all and every all and every the Child and Children of his said Daughter Ann Baker in manner thereby mentioned and in case she should depart this life without leaving Child or Children or if leaving Child or Children the same should all depart this life before his her or their Age or Ages of Twenty one Years then he gave and devised the said Moiety or undivided half part of the said Close or inclosed ground unto me the said Richard Brain my Heirs and Assigns for ever Now I the said Richard Brain the Testator Do hereby give and Devise the said last mentioned Moiety or undivided half part of the said Close or inclosed ground with the Appurts as aforesaid given and devised to me in ffee in and by the said writed Will unto my Daughter Mary Brain To hold the same unto my said Daughter Mary Brain her Heirs and Assigns for ever And Whereas the said Ann Baker hath lately departed this Life leaving her only Son named William now in case the said William the only son and Child living of the said Ann Baker shall depart this life before he attains his Age of Twenty one Years then I do hereby give and Devise the said the said first mentioned Moiety or undivided half part of the said Close or inclosed ground so devised unto the said Ann Baker for her life with remainder to her Child or Children as hereinbefore mentioned and writed unto my said Daughter Mary Brain her Heirs and Assigns for ever Also I and bequeath unto my said Daughter Mary Brain All the China and Plate that belonged to her Mother previous to our Marriage on account of which I intend to mention or set down on a Piece of Paper which I shall pin or annex to this my Will and which I desire may be as effectual as if I had mentioned the same in the Body of this my Will and I hereby nominate and appoint my dear Wife ffrances and Jervice White of Banbury aforesaid Baker and Samuel Hill of Banbury aforesaid Hatter Guardians of my said Daughter Mary during her Minority And I do hereby empower my said Wife
ffrances and the said Jervice White and Samuel Hill and the survivors and survivor of them to let and set and receive the Rents and Profits of the said Close of inclosed Ground or so much thereof as will be in their power and to pay and apply the same for and towards the maintenance Education and breeding up of my said Daughter Mary until she shall have attained her Age of Twenty one Years Also I give and devise unto my said Wife ffrances all that my Messuage or Tenement with the Gardens Outbuildings Bowling Green Hereditaments and Premises thereunto belonging situate and being in Banbury aforesaid now in the Occupation of myself and John Drinkwater and also my Real Estate not hereinbefore disposed of To hold the same unto my said Wife and her assigns for and during the term of her natural life and from and after her Decease I Give and Devise the same unto my two sons Richard and William Brain To hold the same unto my said sons Richard and William their Heirs and Assigns for ever as Tenants in common and not as joint Tenants subject nevertheless to and I do hereby charge and subject the same with the Payment of the sum of Three hundred Pounds of lawfull Money unto my said Daughter Mary to be paid and payable to her within three Months next after my said son William shall have attained his Age of Twenty one Years if my said Wife shall not be then living but if she shall be then living then within three Months next after her decease Provided always and my Will is that in case the said William Baker the son of the said Ann Baker shall depart this Life before he shall have attained his Age of Twenty one Years whereby and by virtue of this my Will my said Daughter Mary will become intitled to the whole of the said Close of inclosed Ground in Shutford aforesaid then I do hereby give and bequeath unto my said Daughter Mary the Sum of Two Hundred Pounds only instead of the said Sum of Three Hundred Pounds to be paid and payable out of my said Messuage or Tenement and Real Estate in Banbury aforesaid as hereinbefore directed and in case my said Wife shall depart this Life before my said two Sons Richard and William shall have attained their Age of Twenty one Years then I do hereby also nominate and appoint the said Jervice White and Samuel Hill Guardians of my said two Sons during their Minority and I do hereby empower them or the survivor of them to let and set and receive the Rents and Profits of my said Messuage or Tenement with the Gardens Outbuildings Bowling Green Hereditaments and Premises hereinbefore given and devised to them after the Decease of my said Wife as aforesaid and to pay and apply the same for and towards the maintenance Education and breeding up of my said two Sons Richard and William as they the said Trustees in their discretion shall think proper until they my said sons shall severally attain their respective Age and Ages of Twenty one Years All the rest and residue of my Personal Estate Monies Goods Chattells and Effects whatsoever and wheresoever not hereinbefore disposed of unto my said Wife ffrances her Executors Administrators and Assigns she or they paying my just Debts ffuneral Expences and the charges of proving this my Will and I nominate constitute and appoint my said Wife ffrances full and sole Executrix of this my last Will and Testament and my Will is further and I do hereby expressly declare that the said Jervice White and Samuel Hill and the Survivor of them shall not be charged or accountable for more of my said Trust Monies than he or they shall actually receive into or shall come to his or their respective hands by virtue of this my Will nor with or for any Loss which shall happen of the same unless such Loss shall happen by or through his or their wilfull Default or Neglect and that one of them my said Trustees shall not be answerable or responsible for the Act Deed Receipt Default or Disbursement of the other of them but each of them for his own separate Act Deed Receipt Default and Disbursement only and also that it shall and may be lawful to and for my said Trustees and the Survivor of them by and out of the Rents and Profits of my said Real Estates as aforesaid in the first place to deduct and reimburse himself and themselves respectively all Costs Charges and Expences which he or they shall or may be at or put unto in the management and Execution of any of the Trusts hereby in him and them reposed or any matter or thing in any wise relating thereunto And I do hereby revoke and make void all former and other Wills by me at any time heretofore made and I do publish and declare this as and for my last Will and Testament In Witness whereof I the said Richard Brain the Testator to this my last Will and Testament contained in this and the three preceeding sheets of Paper to each Sheet thereof have set my Hand and Seal the twenty third day of ffebruary in the Year of our Lord One thousand Eight Hundred and two Richard Brain

John Dury
John Dury Junr
Henry Dury

Proved: 1 March 1805
PCC Prob11/1421

IThis Will was kindly  transcribed and sent in by Ros.

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