Estate Duty Office Will of of Thomas Brayley, Devon (Halwill)
© Crown Copyright
Devon Record Office 1078/IRW/B/1398
Transcribed by Roy Drew
For the Stamp Office
Copy of the will of Thomas Brayley, late of Halwill in the County of Devon and Archdeaconry of Totnes, Yeoman, Deceased
John Symons of Ashwater, Devon, Yeoman and John Pryor, of Halwill, aforesaid Yeoman
Proved in the Archdeacons Court of Totnes 31st March 1848
Sworn under £4000
This within and foregoing writing contains a true copy of the original Will of Thomas Brayley, deceased the same having been carefully examined therewith by us:
William Hannaford & W Hannaford
Clerks to Geo. Horwell, Deputy Registrar of the Archdeacons Court of Totnes.
This is the last Will and Testament of me Thomas Brayley of the Parish of Halwill in the County of Devon, Yeoman. I give and devise and bequeath unto my friends John Symons of Ashwater in the said County and John Pryor of Halwill aforesaid, Yeoman all my Real and Personal estate of whatever kind or quality to hold to them their Heirs, Executors, Administrators and Assigns according to the natures and qualities thereof respectively upon trust hereinafter declared concerning the same that is to say upon trust thereout in the first place to pay, satisfy and discharge any Debts, Funeral and Testamontary expenses and subject thereto pay and apply the Rents, Interest and Annual proceeds of the same unto or for the benefit of my dear Brother John Brayley for and during the term of his natural life and from and after his decease by sale or mortgage of my Real Estate or by calling in or converting into money such part of my Personal Estate may not have been previously converted into money and generally by and out of my Testamonatory Estate to raise and levy the sum of One Thousand Pounds sterling to invest the same in their or his names or name either on the Government Security or Real Estate situate in England with power to vary and transfer such Securities at their or his discretion and land possessed of the said sum of One Thousand Pounds and the investment thereof upon trust to pay Annual Dividends and Interest thereof but nevertheless without power of anticipation unto my dear sister Margaret Beale for her natural life the same to her for her sole and separate use and benefit and to be free from the debts or control of any husband with whom she may intermarry and her receipt notwithstanding coverture to be sufficient discharge to the Trustees of my Will and from and immediately after the death of the said Margaret Beale to pay and apply the said sum of One Thousand Pounds unto her daughter Elizabeth Ann Beale absolutely the same to be a vested interest in her on my decease and to be for her sole and separate use and free from any debts and the control of any husband with whom she may intermarry. And it is my will that from and after the decease of my said Brother my said Trustees and survivor of themshall stand and be possessed of so much of my Testamontary Estate as shall consist of Real Estate, Chattels, Real or Leasehold estate upon trust for William Oliver, James Oliver, John Oliver and Thomas Oliver children of my deceased sister Grace Oliver their Heirs, Executors and Administrators according to natures and tenures thereof in equal shares as Tenants in Common the same to be vested estates and interests in them immediately on my decease and as to so much of my Testamontary Estates as shall consist of monies securities for money or chattels personal upon trust for Mary Oliver and Margaret Oliver daughters of the said Grace Oliver in equal shares as Tenants in Common the same to be invested estates and interests in them immediately on my decease and to be for them sole and separate use and free from the debts and the control of any husband with whom either of them may intermarry and I further will and direct that the legacy or sum of One Thousand Pounds bequeathed to the said Elizabeth Ann Beale as aforesaid shall be revised and payable out of my personal estate provided nevertheless that in case my said personal estate shall be found insufficiently to pay such legacy or sum of One Thousand Pounds then I will and direct that such deficiency shall be paid and payable out of my real estate. I declare that the receipt of the trustees or trustee for the time being of my will shall effectively exonerate mortgages and others paying monies to such trustees and trustee from all liability in respect of the application thereof. Also that every mortgage and charge to be made or created by my Trustees or Trustee for the time being shall in favour of the mortgagee or loner be presumed to be necessary and proper. I empower my said sister Margaret Beale during her life and after her decease the trustees or trustee for the time being of my will if any or if none the Executors or Administrators of the last deceased trustee to nominate in writing any person or persons to supply the place of any trustees or trustee of my will who shall die disclaim or become unwilling or unable to act when and so often as a vacancy or vacancies shall occur now on every such appointment the necessary assurances shall be executed for vesting my Trust estate in the new and old trustees or in the new Trustees and solely as the case may be. And I absolve the Trustees or Trustee for the time being of my will from responsibility for the receipts and defaults of each other and for involuntary losses and also authorize such trustee and trustees to retain and allow each other all expenses incurred in or about the expectation of the trusts of my will. And I devise and bequeath to the said John Symons and John Pryor to the trustees or trustee for the time being of this my will all estates vested in me upon trust or by way of mortgage subject to the equities affecting the same respectively. And I appoint the said John Symons and John Pryor to be executors of this my will. And lastly I revoke all former and other wills disclosing this above writing to be in full the whole of this my wil in Witness whereof I have this my last Will and Testament written on this and the aforegoing five sheets of paper set my hand this Ninth day of March in the year of our Lord One Thousand Eight Hundred and Forty Eight.
W B Hannaford & W Hannaford
Clerks to Geo. Horwell Dep. Reg. of the Archdeacon Court of Totnes.
No. 1 for Executors
Appeared personally John Symons of Ashwater the County of Devon, Yeoman and John Pryor of Halwill in the County of Devon and Archdeaconry of Totnes, Yeoman, the Executors named in the Last Will and Testament of Thomas Brayley late of Halwill aforesaid Yeoman deceased who died on the Twenty First day of March 1848 and made oath that they have made diligent search and due enquiry after, and in respect of the Personal Estate and Effects of the said deceased, in order to ascertain the full amount and value thereof; and that to the best of their knowledge, information and belief, the whole of the Goods, Chattels and Credits, of which the said deceased died possessed, within the Archdeaconry of Totnes, in the Province of Canterbury (exclusive of what the deceased may have been possessed of, or entitled to as a Trustee for any other Person or Persons, and not beneficially, but including the Leasehold Estates for years of the deceased, whether absolute or determinable on Lives, and without deducting anything on account of the Debts due and owing from the deceased) are under the value of Four Thousand Pounds, to the best of these Deponents knowledge, information and belief.
Sworn on the Thirty First of March 1848 before me.