Michael Brown of Nether Broughton 1738 Will
Leicestershire, Leicester and Rutland Archives, Leicestershire Wills and Probate Records 1738
In the Name of God Amen I Michael Brown of Nether Broughton in the County of Leicester husbandman being sick and weak of body but of sound and perfect Mind and Understanding praised be almighty God for the same Do Make this my last Will and Testament in Manner following (that is to say)
First I commend my Soul into the hands of almighty God my Creator and my body I committ to the earth to be decently buried at the discretion of my executrix hereinafter named
And as for such Temporal estate which it hath pleased almighty God to bestow upon me I give and bequeath the same as followes that is to say
I give and devise all those my three oxgangs of Land and Close thereto adjoyning Situate lying and being in Nether Broughton aforesaid which I bought of Thomas Hardy Unto my loving wife Mary Brown and her heires to the intent that she sell the same as soon as conveniently may be after my decease and with the money arising by Sale thereof to pay off and discharge in the first place all such money I shall owe upon Mortgage and afterward to pay my other debts and the overplus if any there be to be for the use of my said Wife and my three Children Michael Brown Henry Brown and George Brown equally
Also I give and devise all that my Close of Meadow or pasture ground with the appurtenances in Nether Broughton aforesaid Commonly Called by the name of Dewell Close Unto my brother William Brown for and during the Term of his natural life and from and after his Decease then I give and Devise the said Close Called Dewell Close Unto my two younger Sons Henry Brown and George Brown and to their heires and assignes for ever
Also I give and Devise Unto my loving Wife Mary Brown and her heires all that my Messuage or Tenement and home close thereto adjoyning and every of their appurtences Scituate and Standing in Nether Broughton aforesaid wherein I now in habitt and dwell Untill my Son Michael Brown shall attain his full age of five and twenty years Subject nevertheless and In trust to pay yearly out of the rents issues and profitts of the same Unto my brother William Brown the yearly sum of thirty shillings without any deduccon whatsoever for and during the Term of his natural life by two half yearly payments in the year to Witt upon the feasts of the Annuntiation of the blessed Virgin Mary and St Michael the Apostle The first payment thereof to be made upon such of the said feast dayes as shall first happen after my decease And also In trust nevertheless that my said loving wife and her heires shall pay and apply the overplus of the rents issues and profitts of my Said Messuage or Tenement and home close for the use benefit and Maintenance of my three Children Michael Brown Henry Brown and George Brown
And when and so soon as my said Son Michael Brown shall attain to his full age of five and twenty years Then I give and devise my said Messuage or Tenement home close with their appurtences Unto my said Son Michael Brown his heires and assignes for ever Subject nevertheless and always Chargeable with the payment of the said Annual sum of thirty shillings Unto my said brother William for the Term of his natural life to be paid to him at the dayes and times aforesaid And if it so happen that the said Annual Sum of thirty shillings or any part thereof shall be behind and unpaid above the Space of forty dayes next after either of the said dayes of payment whereon the same ought to be paid as aforesaid that then I will it shall be lawfull for my said brother William Brown and his assignes to enter into the said Messuage or Tenement and home close with the appurts And to distreyn for the same and the distress and distresses then and there found to take lead drive impound and detain until the said Annual Sum of thirty shillings and every part thereof shall be unto him fully sattisfied and paid with all reasonable Charges of distreyning
Also all the rest of my Goods Cattle Chattles and personall estate whatsoever my debts Legacies funeral expences and other Charges which Shall be expended in or about the execution of this my Will being first paid and discharged I give and bequeath Unto my said loving Wife and my said three Children share and share alike
And I Do hereby appoint my Said loving Wife full and Sole Executrix of this my Will and Testament hereby directing her to exhibit an Inventory of my personal Estate in the Ecclesiastical Court for the benefitt of my Said Children as soon as Conveniently may be after my decease
And I Do hereby revoke all former Wills by me Made declaring this to be my last Will and Testament
In Witness whereof I the said Michael Brown the Testator have hereunto set my hand and Seale this 29 November 1738
The Mark of Michael Brown
Signed Sealed published and declared by the said Michael Brown the Testator for and as her [sic] last Will and Testament in the presence of Us who have Subscribed our names as Witnesses in his presence
Edward Wright
George Browne
Charles Looe
Anth Wadd
Mary Brown Wid the above named Extrix was Sworn the 26th Apr 1738
Before us D: Trimnell