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I Thomas Brain of Long Compton in the
County of Warwick Gentleman being in perfect health and of Sound
mind memory and understanding do make and ordain this my last
Will and Testament in manner and form following that is to say
Whereas in and by Indenture Tripartite executed previous to my
Marriage with Mary my now Wife bearing date on or about the
twenty fourth day of May which was in the year of our Lord one
thousand seven hundred and sixty and made or mentioned to be
made between me (the said Thomas Brain) of the first part my
said Wife Mary then Mary Venour Spinster of the second part John
Venour of Welsbourn in the said County of Warwick Esquire and
Richard Heydon of Long Compton aforesaid Yeoman of the third
part it was agreed amongst other things that nine hundred pounds
part of the Marriage Portion of my said Wife should be layd out
in the purchase of ffreehold or Copyhold Messuages Lands or
Hereditaments of Inheritance in some part of Great Britain
called England and settled conveyed and assured to for and upon
the several uses trusts intents and purposes and Subject to the
several Provisoes Limitations and Agreements therein expressed
intended and declared that is to say to the use of me the said
Thomas Brain for the term of my natural life and from and after
my decease to the use of the said Mary my now Wife (then Mary
Venour) for her natural life as an Augmentation and Addition to
her jointure remainder To the use of such one ort more of the
Child or Children of me on the Body of my said Wife lawfully to
be begotten for such Estate and Estates and in such parts or
proportions and with and under such Restrictions and Limitations
and in such manner and form as I the said Thomas Brain should at
any time during my natural life by any Deed or Deeds Writing or
Writings under my hand and Seal attested by two or more Credible
Witnesses or by my lat Will and Testament duly Executed and
attested by three or more Credible Witnesses should direct limit
give or appoint the same and in default of such direction gift
Limitation or appointment or in case such should be when and so
soon as the Estate thereby limited should end and determine to
the use and behoof of the Heirs of my Body by my said Wife
lawfully to be begotten and in default of such issue to the use
and behoof of me the said Thomas Brain and my Heirs and Assigns
for ever and Whereas in pursuance of the said verified Indenture
I did for the Sum of One thousand six hundred and forty pounds
purchase of and from Richard Stiles and Thomas King a Messuage
and several Closes or Inclosed Grounds at Barton on the Heath in
the said County of Warwick and by Indentures of Lease and
Release bearing date respectively the twenty sixth and twenty
seventh days of September which were in the year of Our Lord One
thousand seven hundred and sixty three one undivided Moity or
half part of the said Messuage several Closes or inclosed
Grounds and Premisses at Barton on the Heath aforesaid are
settled and conveyed unto the said John Venour and Richard
Heydon and their Heirs to for and upon the same uses trusts
intents and purposes as are in the said first recited Indenture
expressed mentioned and declared as in and by the said inpart
recited Indentures reference being thereunto severally had may
more fully and at large appear
Now in pursuance and by virtue of the
power and authority given and reserved to me in and by the said
recited Indentures or either of them and all other powers and
authorities enabling us in that respect do by this present
Writing purporting to be my last Will and Testament duly
executed and attested by and in the presence of the three or
more Credible Witnesses Subscribed hereto give direct limit and
appoint devise and bequeath unto my Eldest Son on the Body of my
said Wife Mary All and singular the said hereinbefore recited
and mentioned Messuage several Closes or Inclosed Grounds and
Premisses situate and being at Barton on the Heath aforesaid
Except and without prejudice to the Estate for life or other
Claim or Interest that my said Wife may have therein and also
all other my Messuages Lands Tenements Hereditaments and
Premisses whatsoever situate and being at Barton on the Heath
aforesaid which I am in any ways possessed of or intitled unto
to have and to hold the same and every part thereof with their
and every of their Appurtenances except and without prejudice as
aforesaid unto my said Eldest Son his Heirs and Assigns when and
at such time as he shall attain to the age of twenty one years
Subject nevertheless and charged with the payment of the full
and just Sum of One thousand pounds of good and lawful money of
Great Britain to the said Richard Heydon and Elisha Heydon of
Banbury in the County of Oxford Moreover the same to be paid to
them the said Richard Heydon and Elisha Heydon or the Survivor
of them the Executors or Administrators of such Survivor within
three months next after my said Eldest Son shall have been in
possession of the said Estate and Premisses
I also give and bequeath unto the said
Richard Heydon and Elisha Heydon all and singular my Goods
Chattels (Except what is herein after otherwise disposed of) and
other my personal Estate of whatsoever nature kind or quality
the same shall consist or wheresoever the same shall or may be
found after my decease Upon Trust and Confidence that they the
said Richard Heydon and Elisha Heydon or the Survivor of them
the Executors or Administrators of such Survivor do and shall as
soon after my decease as conveniently may be sell and dispose of
such my Personal Estate and the money arising from such sale do
and shall place out at Interest together with the said one
thousand pounds when received in their own names upon the best
and most advantageous Security or Securities that can or may be
gotten for the same and pay and apply the yearly Interest and
Proceed thereof to and amongst all my other Children (my two
Eldest Sons Excepted) for their better maintenance and Education
until such time as they shall severally attain their respective
ages of twenty one years when and at such time I order and
direct the said Personal Estate and also the said One thousand
pounds to be paid and equally divided to and amongst my said
other Children (my two Eldest Sons excepted) when and at such
time as they my said other Children (not such two Eldest Sons)
shall severally attain to their respective Ages of twenty one
years And my Will and meaning is that in case any or either of
my said other Children (not such two Eldest Sons) shall happen
to depart this life before his her or their Share of and in the
said Personal Estate and Sum of One thousand pounds hereinbefore
mentioned shall become due and payable by virtue of this my Will
then I order and direct that the Share or part of him her or
them so dying shall go and be paid to the Survivor or Survivors
of them my said other Children (such two Eldest Sons excepted)
when and at such time as his her or their own Share or part of
and in the same shall become due and payable by virtue of this
my Will Provided always and my meaning and Will is that in case
my said Personal Estate with the said One thousand pounds
charged on my said Real Estate shall amount together to more
than the Sum of One thousand pounds apiece to such my other
Children (my two Eldest Sons excepted) then I order and direct
that the Overplus after such One thousand pounds apiece shall
have been first paid to such other Children shall be equally
divided to and amongst all and every my Child or Children
besides and together with such other Children
I also give and bequeath unto my said Wife
and Eldest Son all and singular the Household Goods Linen China
Pictures and other ffurniture of and belonging to the House I
now live in equally to be divided between them Share and Share
alike Except such part of the plate as is hereinafter mentioned
that is to say One Silver Sauce Tankard One Silver Pint Mug and
two large Silver Sauce Boats which I give wholly to my said
Eldest Son when and at such time as he shall arrive to the Age
of twenty one years And the rest and residue of the said Plate I
give wholly to my said Wife and at her own disposal
I also give devise and bequeath unto my
Eldest Son All that my Messuage Lands Hereditaments and
Premisses which I hold by lease for Lives under the Right
Honourable the Earl of Northampton at Long Compton aforesaid To
hold to him my said Eldest Son his Executors Administrators and
Assigns from and immediately after my decease for and during all
such Estate Term sand Interest as shall be then therein to come
and unexpire
I also give devise and bequeath unto my
said Second Son All that my Messuage two yard Lands and an half
and some odd Lands and Premisses with their and every of their
Appurtenances situate and being at Honyborn in the County of
Gloucester and now in the tenure or Occupation of John Dark to
hold to my said Second Son his Heirs and Assigns when and at
such time as he my said Second Son shall attain to his Age of
twenty one years
And my Will and meaning is that in case I
should have but one Son that shall attain to the Age of twenty
one years Then I order and direct and hereby give and devise as
well the said Messuage two yard Lands and a half and some odd
Lands and Premises at Honyborn aforesaid as also the said
Messuage several Closes or inclosed Grounds and premises at
Barton on the Heath aforesaid Except and without Prejudice as
aforesaid and also charged as aforesaid unto such only Son his
Heirs and Assigns when and at such time as he (such only Son)
shall attain to his age of twenty one years
And my Will and meaning further is and I
hereby order and direct that in case I shall happen to die
before my Eldest Son shall attain to his Age of twenty one years
that then the Rents Issues and Profits of my said Estate at
Barton on the Heath aforesaid not settled in jointure or
otherwise on my said Wife shall be had and received by the said
Richard Heydon and Elisha Heydon or the Survivor of them the
Executors or Administrators of such Survivor until such time as
my said Eldest Son shall attain to his said Age of twenty one
years and during that time be paid and applied by them the said
Richard Heydon and Elisha Heydon or the Survivor of them the
Executors or Administrators of such Survivor for and towards the
Education and better support of all and every my other Child or
Children my Second Son excepted together with the other
provisions hereinbefore made for my said other Children’s
Education and better Support
And my Will and meaning also is that in
case I shall happen to die before my Second Son shall attain to
his Age of twenty one years then I hereby also order and direct
that the Rents Issues and Profits of the aforesaid Estate and
Premisses at Honyborn aforesaid hereinbefore given to my said
Second Son shall be had and received by the said Richard Heydon
and Elisha Heydon or the Survivor of them the Executors or
Administrators of such Survivor until such time as my Second Son
shall attain to his Age of twenty one years and during that time
be paid and applied by them the said Richard Heydon and Elisha
Heydon or the Survivor of them the Executors or Administrators
of such Survivor for and towards the Education and better
Support of such my Second Son
I also give to the Poor of the Parish of
Long Compton aforesaid the Sum of ten pounds the same to be
distributed by my Executors hereinafter named to and amongst
such of the Poor of Long Compton aforesaid as they in their
discretion shall think Objects of Charity
And my Will and meaning also is that my
said Trustees the said Richard Heydon and Elisha Heydon their
Executors or Administrators shall be saved harmless and kept
indemnified by and out of my said Trust Estates of from and
against all Costs Damages and Expenses as they either or any of
them shall expend lay out disburse or otherwise be put into or
concerning the trusts by me in them hereby reposed or the
management or Execution thereof And that neither they either or
any of them shall be liable unto or charged or chargeable with
the Receipts or Disbursements the one of the other of them nor
with or for any more money than they shall severally actually
receive nor with or for the Loss of any Sum or Sums of Money to
be put forth at Interest as aforesaid or the failure or
deficiency of any Security or Securities to be had or taken for
the same or any part thereof Provided that the same shall not
happen through their or either of their wilful neglect or
default
And Lastly I do hereby nominate constitute
and appoint my said Trustees the said Richard Heydon and Elisha
Heydon joint Executors of this my last Will and Testament In
Trust and for the benefit of my said Children hereby also
revoking and making Void all former and other Wills by me at any
time heretofore made and executed
I make and ordain this to be my last Will
and Testament In Witness whereof I the said Thomas Brain the
Testator to this my last Will and Testament contained in four
Sheets of Paper to each Sheet thereof have set my hand and to
the last Sheet thereof have set my hand and Seal this twenty
sixth day of April in the Sixth Year of the Reign of Our
Sovereign Lord George the third by the Grace of God of Great
Britain ffrance and Ireland King Defender of the ffaith and
soforth and in the Year of Our Lord One thousand seven hundred
and sixty six – Thomas Brain – Signed Sealed Published
and Declared by the said Thomas Brain the Testator as and for
his last Will and Testament in the presence of us who at his
request and in his presence and in the presence of one another
have Subscribed our names as Witnesses – Wm. Smith – Coterell
Corbet – Thos. Snow
Proved 4th May 1775
Prerogative Court of Canterbury
Prob 11/1007
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