In the Name of God Amen I Thomas Braine of Long Compton in the county of Warwick Gentleman being of a sound and disposing mind memory and understanding Praised be Almighty God for the same do make and ordain this my last Will and Testament in manner following.

First and Principally I recommend my Soul into the hands of Almighty God my Creator hoping and assuredly trusting in and through the Merits of Jesus Christ my Savour to inherit Eternal life My body I commit to the Earth to be decently buried at the discretion of my Executor and Executrix herein after named And as to such Worldly Estate wherewith it has pleased Almighty God to bless me I give and dispose of the same in manner following.

First I give and devise unto my only son Thomas Braine his Executors and Administrators All those my two Messuages or Tenements and two yard Lands and a half and some odd Lands thereunto belonging situate standing lying and being in Cow Honeyborne in the County of Gloucester To hold to my said Son Thomas Braine his Executors And Administrators for all the remainder of my Estate and Interest therein.

Also I give devise and bequeath unto my said Son Thomas Braine his Executors and Administrators All that my Messuage or Tenement and one Cottage situate standing and being in Long Compton aforesaid with the Appurtenances thereunto belonging And also all that Meadow Ground and all those two yard Lands and a half lying and being within the fields Liberties and precincts of Long Compton aforesaid to the said Messuage or Tenement belonging all which said premises I now hold under The Right Honourable James Earl of Northampton by Lease for ninety nine years determinable on Lives To hold to my said son Thomas Braine his Executors Administrators and assigns for all the remainder of the Estate and Interest which at my decease shall be therein to come

Nevertheless my will is that Jane my wife shall have the full use occupation and enjoyment of the parlour and the chamber over it in the said Messuage or Tenement last devised with free liberty of ingress egress and Regress way and quiet passage into and from the same through the other part of the said Messuage and the yard and Barkside thereto belonging at all times without any Let or Molestation during the term of her natural life And I give the use and enjoyment thereof to her accordingly

And it is my desire and Request to my said son Thomas Braine that he do yearly and every year during so long time as shall hold possess and enjoy or be intitled to my said Messuage Lands and Estate at Long Compton aforesaid at such times or seasons in the year as her shall think fit cause to be given and distributed unto and amongst the poor of the Town of Long Compton aforesaid a Bag or three Bushels of Wheat

Also I give to my eldest daughter Jane Braine the sum of twelve hundred pounds and direct the same shall be paid to her within one year next after my decease with Interest for the same from the time of my death till the same shall become payable after the rate of three pounds per cent per annum.

Also I give to my two other daughters Alice and Mary Braine and to each of them the sum of one thousand pounds and I direct that the same shall be paid to them respectively as they shall severally attain their age or ages of twenty one years with Interest for the said several sums from my death till the same shall respectively become due and payable after the rate of three pounds per cent per Annum.

And it is my Will and I do hereby direct that in the meantime and until the ffortunes or portions of one thousand pounds apiece given to my said two daughters Alice and Mary Braine shall become payable the same shall be placed out at Interest by and in the Names of my said Wife and Son Thomas Braine and my Brother in Law Mr. Robert Heydon or the survivor of them upon the best Security and for the best Loan and Interest that they can get for the same and that the Interest and proceeds thereof shall be by them from time to time received and the same or so much thereof as shall amount and be after the rate of three Pounds per cent per annum shall be applied for and towards the Maintenance and Education of my said two daughters during their Minority and the Surplus of such Interest (if any) I will and direct shall be applied by my said wife to such persons and for such uses and purposes as she shall think fit.

And in case my said two daughters Alice and Mary or either of them shall happen to depart this life unmarried and before she or they shall attain her or their age or ages of twenty one years then it is my Will Direction and Meaning that the ffortune or portion of her or them so dying shall go to and be divided between my said Son and my surviving daughter or daughters, if more than one, equally between them share and share alike and in such case I give and bequeath the same to my said Son and such surviving daughter or daughters accordingly.

And it is my Will Direction and Meaning that if both or either of my said two daughters Alice and Mary Braine in the life time of my said Wife and before she or they shall attain her or their ages or ages of twenty one years without the full consent and approbation of her my said Wife then and in such case submit it intirely to my said Wife to give away and dispose of all or such part or parts of the ffortune or portion ffortunes or portions of my said two daughters or either of them so happening to Marry without such consent as aforesaid either to such daughter or daughters in such Shares or Proportions as she my said Wife in her Discretion shall think proper.

Also I give and devise unto my said Son Thomas Braine and his Heirs All those my several Closes or Grounds with the appurtenances situate and being in the Liberties of Barton on the Heath in the said County of Warwick and which I lately purchased of and from Mr. Richard Stiles and his Trustees To hold the same to my said Son Thomas Braine and his Heirs for ever Subject nevertheless to the payment of one Annuity or Yearly Rent Charge of twenty pounds which I hereby give and devise to my said Wife and direct that the same shall be paid to her and her Assigns yearly and every year during the term of her natural life free and clear of and from all Taxes and Deductions Parliamentary or otherwise by two equal half yearly Payments in the year, the first Payment whereof to begin and to be made at the end of the first six Months next after my decease with Power of Distress and all other Legal ways and means for the Recovery of the said Annuity and all arrears thereof in case of Nonpayment and all Costs and Charges occasioned by such Nonpayment

And I do hereby Charge and Subject the said Closes and Premises in Barton aforesaid as well with the Payment of the said Annuity or yearly Rent Charge of twenty Pounds so given to my said Wife as aforesaid as also with the payment of the full Sum of two hundred Pounds part of the said sum of twelve hundred Pounds herein before given and directed to be paid to my said daughter Jane within one year next after my decease with Interest for the said two hundred Pounds after the rate of three Pounds per cent per annum from the time of my death till the said Legacy of twelve hundred Pounds shall become due and payable.

Also I give all my Linnen of what sort soever and one full half part of all my household Goods and ffurniture I give to my said Son Thomas Braine to his own absolute Use and benefit.

As to all my Stock of Cattle of every sort and kind soever and all my Crops of Corn and Grain whether in Stacks, Ricks, Growing or on [sic] my Barns and all my Stock of Hay and all my Waggons Carts Ploughs Harrows Horse Harness and all my Utensils of Husbandry whatsoever and wheresoever I give and bequeath the same and every part thereof to my said Son Thomas Braine to be at his own absolute use benefit and disposal.

All the rest and residue of my Goods Chattels Monies Securities for Monies and other personal estate of what sort or kind soever after my debts and ffuneral expenses are paid and satisfied and charged and chargeable with and Subject to the payment of the one thousand Pounds part of the said Legacy or ffortune of twelve hundred Pounds hereby given to my said daughter Jane and the sum of one thousand Pounds apiece herein before given for the Portions of ffortunes of my said two daughters Alice and Mary Braine to be paid and payable at the time aforesaid I give and bequeath the same and every part thereof unto my said Wife to her own life and benefit Provided and it is my express Will and meaning that in case there shall at any time or times happen to be any Loss, failure or deficiency in such part of my personal estate as is herein before given to my said Wife, whereby the same may be rendered insufficient to pay the said sum of one thousand Pounds charged thereon and directed to be paid to each of my said three daughters amounting in all to three thousand Pounds with Interest as aforesaid Then I do hereby direct that such Loss or ffailure shall be equally born by my said Son and three daughters.

And it is my will that my said Wife and son Thomas and my said Brother Mr. Robert Heydon or either of them shall not be answerable for any Loss of any part of the aforesaid Trust money or any insufficiency of any Security or Securities to be from time to time taken for the same Provided such Loss or Insufficiency does not happen by the wilful default or neglect of them or either of them and that they shall be answerable for their own separate Acts Deeds and Receipts only and not for the Acts Deeds Receipts or Disbursements the one of the other

And I constitute and appoint my said Wife and son Thomas Braine joint Executor and Executrix of this my Will, hereby revoking all former Wills by me at any time heretofore made. In Witness whereof I the said Thomas Braine have to this my last Will and Testament contained in two sheets of paper to the first sheet put my hand and to this my hand and Seal this twenty second day of December in the year of our Lord one thousand seven hundred and fifty three. Tho Brain. The writing contained in this and the preceding sheet of paper was signed and sealed by the above named Thomas Braine the Testator and by him published and declared as and for his last Will and Testament in the presence of us who in his presence and at his request and in the presence of each other have hereunto subscribed our names as Witnesses

 Humph: Lloyd – Tho: Mander – James Dodd.

Proved in London 22nd January 1755

Prerogative Court of Canterbury

Prob 11/813