John Brett of Upper Broughton 1763 Will
Copy will included with privately held land deeds
Copy of the Will of Mr John Brett dated 1st Apr: 1763
In the Name of God Amen I John Brett of Broughton Sulney in the County of Nottingham Gentleman being sick and weak in Body but of sound mind memory and understanding and considering the Uncertainty of this Life Do make and ordain this my last Will and Testament in manner and form following (that is to say) First of All I Give my Soul to God who gave it me and my Body I commit to the Earth to be decently interred at the discretion of my Executor hereinafter named And as for my Worldly Estate which has pleased God to bless me with I give and dispose thereof as follows
In the first place I give and devise all and singular my Messuages Cottages Closes Lands Tenements and Hereditaments whatsoever situate standing lying and being in the Manor or Lordship of Broughton Sulney aforesaid or elsewhere within the Kingdom of Great Britain either in possession reversion remainder or expectancy unto my Uncle William Brett of Broughton Sulney aforesaid Yeoman and to Edward Stokes the Elder of Melton Mowbray in the County of Leicester Gentleman and to their Heirs and Assigns To Have and to Hold the said Messuages Cottages Closes Lands Tenements Hereditaments and Premises with their and every of their Appurtenances and every part thereof unto the said William Brett and Edward Stokes their Heirs and Assigns In Trust nevertheless to and for the several uses behoofs intents and purposes hereinafter mentioned limitted and declared of and concerning the same (that is to say)
That is shall and may be lawful unto and for the said William Brett and Edward Stokes their Heirs and Assigns from time to time And at All times until my Cousin John Brett the Son of my said Uncle William Brett shall attain his Age of Twenty three Years to receive and take All and singular the Rents Issues and Profits of my Messuages Cottages Closes Lands Tenements Hereditaments and Premises and with the Monies arising therefrom and in the mean time put and place out the same upon a good Land Security or Securities and when and as soon as my said Cousin John Brett shall attain his said Age of Twenty three Years then the said William Brett and Edward Stokes their Heirs and Assigns Do and shall pay and dispose of All such principal Sum and Sums of Money and Interest and proceed thereof as the same shall from time to time arise and be received (over and above as what shall be sufficient to pay and discharge the Costs and Charges attending the Execution of the Trust by me hereby directed concerning the same) unto and for the Use and Benefit of my said Cousin John Brett and from and immediately after my said Cousin John Brett shall so attain his said age of Twenty three years Then To the Use and Behoof of my said Cousin John Brett his heirs and Assigns for ever
But my mind and Will is that in Case my said Cousin John Brett shall dye and depart this Life before he attain his said Age of Twenty three years without heirs of his Body lawfully to be begotten That then and in such Case they the said William Brett and Edward Stokes their heirs and Assigns shall stand and be seized of my said Messuages Cottages Closes Lands Tenements Hereditaments and Premises Upon this further Trust and confidence
That it shall and may be lawful unto and for the said William Brett and Edward Stokes their heirs and Assigns from time to time and at All times until my three Cousins Elizabeth Brett Mary Brett and Ann Brett the thee Daughters of my said Uncle William Brett shall attain their respective age and ages of Twenty one years to receive and take all and singular the Rents Issues and Profits of my said Messuages Cottages Closes Lands Tenements hereditaments and Premises And with the Monies arising therefrom and in the mean time put and place out upon good Land Security or Securities and when and as soon as my said Cousins Elizabeth Mary and Ann Brett shall attain their said Age and ages of Twenty one Years Then the said William Brett and Edward Stokes their Heirs and Assigns Do and shall pay and dispose of such Principal Sum and Sums of Money and Interest thereof as the same shall from time to time arise and be received (Over and above All incident Charges attending the Trust as aforesaid) Unto and for the Use and benefit of my said Three Cousins Elizabeth Mary and Ann Brett and the Survivors and Survivor of them in equal Shares and Proportions And from and immediately after my said Three Cousins Elizabeth Mary and Ann Brett shall so attain their said several and respective Age and Ages of Twenty one Years Then I do hereby Give and Devise my said Messuages Cottages Closes Lands Tenements hereditaments and Premises unto my said Three Cousins Elizabeth Brett Mary Brett and Ann Brett their Heirs and Assigns for ever to be equally divided amongst them and the Survivors and Survivor of them share and share alike And to have hold and enjoy the same Premises with their appurtenances as Tenants in common and not as Joint Tenants
And also I Give and Bequeath unto my said Friend Edward Stokes the Sum of Five Pounds yearly and every year until his Trust hereby by me in him reposed shall determine by way of Compensation for his Care and Trouble in the Execution thereof
And also I Give and Bequeath unto my said Cousin John Brett All my Tenant right of in and to All and every the Lands and Closes or Grounds inclosed lying and being in Dalby on the Woulds in the said County of Leicester and Broughton Sulney aforesaid which I now rent of the Right Honourable the Lord Feversham and John Smith Gentleman humbly requesting of his Lordship and the said Mr John Smith that they will be pleased to admit him Tenant thereto
And Lastly All and singular the rest residue and remainder of my Household Goods Waring Apparel other Goods Stock Cattle Chattels Rights Credits and Personal Estate of what kind or nature soever (my Debts Legacies and Funeral Expences being first paid and discharged) I Give and Bequeath unto my said Cousin John Brett whom I Do hereby Appoint full and sole Executor of this my Last Will and Testament revoking all former and other Wills by me at any time heretofore made
In Witness whereof I the said John Brett the Testator have hereunto set my Hand and Seal this first Day of April in the Year of our Lord One thousand seven hundred and sixty three
0 John Brett
Signed sealed published and declared by the said John Brett the Testator to be his Last Will and Testament in the presence of us the Witnesses underwritten who have at his request and in his presence and in the presence of each other Set our hands as Witnesses to the Execution of this his said Will
Edwd Stokes Junr
Richd Grice
Thomas Cross
John Brett gentleman buried Upper Broughton 22 April 1763
