Will of Degory Braginton the elder, Yeoman of Hartland, Devon

Proved 12 February 1713

© Crown Copyright

PROB 11/531, Records of the Prerogative Court of Canterbury, Leeds Quire Numbers: 1-45

Transcribed by Nigel Bond

[For brief genealogy of Degory see Bond, Nigel. The Degory Bragintons of Hartland and Morwenstow, Devon Family Historian, vol. 131, (August 2009) pp.29-32.]

In the Name of God Amen
I Degory Braginton the Elder of the parish of Hartland in the County of Devon yeoman being by the mercy of God in perfect memory considering the frailty of humane Life do make and ordain this my last Will and Testament hereby revoking all former Will and Testaments by me made Imprimus I give and bequeath my Soul to Almighty God my Maker and Redeemer and my Body to the Earth from whence it came to be buried in such decent and Christian manner as shall seem meet and convenient unto the Executor of this my Last Will and Testament hereafter in these presents mentioned and appointed Item I give to the poor of the parish of Hartland aforesaid fforty Shillings To the poor of Clovelly other fforty Shillings To the poor of Kilkhampton in the County of Cornwall other fforty Shillings To the poor of Morewingstow in the County of Cornwall other fforty shillings To the poor of the parish of Northam in Devon other fforty shillings to be distributed at the discretion of my Executor hereafter named Item I give devise and bequeath unto four poor widow women of Hartland aforesaid three poor widow women of Clovelly aforesaid and three poor widow women of Woolfardisworthy in the said County of Devon every yeare during the right and number of years I have in those several ffields and closes of Land in Hartland called Brimridge London and Cross Parse[?] sometime heretofore purchased of Moses Could[?] Esq^r. the sum of Twelve pence each in all Ten Shillings per annum to be paid to be paid to the proper Overseers of the Poor of the parishes aforesaid at the ffeast of Easter every yeare and for neglect or refusall of payment of the same or any part thereof as aforsesaid during the Term in the promises aforesaid it shall be lawfull for the Overseers of the parishes aforesaid to levy the same by Distress[?] and Sale of the goods of Occupyers of the aforesaid premisses Item I give and bequeath unto ffrances my beloved Wife all her wearing apparell of all sorts and two Milch Cows noof[?} my two best Cows and my third best Nagg or Mare and my third best pigg ant the Door and one whole fflitch of Bacon and my third best Bed performed[?] and one little brass Crort[?] and one little brass pan Item I do give and bequeath unto ffrances my Wife the Sum of Ten pounds of lawfull money of Great Britain to be paid her within one month after my decease Item I do give and devise unto ffrances my Wife All that my Tenement in Higher Velly in the aforesaid parish of Hartland called by the name of Berrys Living during her naturall life if the Estate I have in the said premisses so long continue and endure and if it happen the Lives I hold and enjoy the said premisses by happen to dye before my said Wife ffrances Bragington Then my Will and meaning is that my Executor hereafter nominated shall pay unto ffrances my Wife Ten pounds every yeare by Quarterly payments during her naturall life free from all Taxes or assessments whatsoever And if it happen the said Ten pounds per annum be behind and unpaid in part or in all being demanded it shall be lawfull for my said Wife ffrances or her assigns to distraint or for want of Distress[?] to enter into any of the said ffields and Tenements call North and South Beares lying within the parish of Hartland aforesaid I also give unto my said Wife three acres of Corn that shall be growing the Ground at the time of my death (that is to say) one acre of Barley one acre of Wheat and one acre of Oats I also give her my said Wife of Wheat Barly and Oats sufficient for her use from the time of my death till the harvest following Item I give and bequeath unto John Braginton my Son five pounds to be paid within one yeare after my decease Item I give unto Susanna the Wife of my Son John Braginton Twenty Shillings to be paid within one yeare after my decease Item I give devise and bequeath unto Degory Braginton my Grandson Son of the aforesaid John Braginton all my Right Title and Interest in all them[?] two Messuages and Tenements called Greddon lying within the parish of Bradworthy To have and to hold the same unto the said Degory my Grandson during the term[?] aforesaid immediately after my decease I also give devise and bequeath unto the aforesaid Degory Braginton my Grandson all my Lands in our Village called Brownesham within the parish of Hartland aforesaid being one full fourth part divided or to be divided of Brownsham aforesaid now in the possession of ffountaine Nichol Gent John Pearse me[?] the said Degory Braginton To have and to hold the aforesaid Quarter part of the aforesaid Village called Brownesham in Hartland aforesaid unto my said Grandson Degory Braginton and to his heirs and assigns for ever to be holder of the High[?] and Chief Lord and Lords of the ffee for Evermore and my will is that the aforesaid Lands in Brownsham shall not be Leased till my said Grandson Degory Braginton shall accomplish and be of the full age of One and Twenty years My Will is that my Son John Braginton shall deliver to my Executors the Writings[?] relating to Pollards Downe and Claw Parles[?] lying in Clovelly aforesaid it being my money that paid for the same but in his name taken Item I give and bequeath unto my Son Lawrence Braginton the sum of five pounds per annum every yeare during the term of his natural life to be paid him by Quarterly payments free from Taxes the first payment to become due on full Quarter of a year after my death to be paid by my Executor hereafter nominated And if at any time during the Life of my said Son Lawrence Braginton the aforesaid five pounds or any part as aforsesaid be behind and unpaid being demanded and not paid my will is that my Son Lawrence shall have power to enter into any of the Lands and Tenements I shall leave to my Executor at the time of my death And my will is that if my Son Lawrence do sell the said five pounds per annum at that it shall cease and from thereforth not payable And my further will and desire is that any Son of my Son Lawrence be not called by the name of Degory Item I give and bequeath unto Jonathan Juell[?] and William Barrons my two Apprentices each of the them fforty Shillings each of them at the end and expiration of their Apprenticeships In case they continue in the Service of my Executor hereafter named Item I give and bequeath unto John Praunce of Wolfardisworthy my Son in Law the sum of five pounds within twelve months after my death Item I give bequeath unto my Daughter Willmott Wife of the said John Praunce five pounds to be paid within one year next after my death I give and bequeath unto John Son of the said John Praunce Twenty pounds to be paid within one year next after my death I give unto William Son of the aforesaid John Praunce the sum of ffifty pounds to be paid when he shall accomplish and be of the age of One and Twenty years Item I give and bequeath unto other three Children of the aforesaid John Praunce viz. Jane Mary and Dorothy Praunce each of them the sum of Thirty pounds apeice to be paid them as they shall accomplish and be of the age of One and Twenty years And my will and meaning is that if any or either of my said Grandchildren John Praunce William Praunce Jane Mary and Dorothy happen to dye before their respective Legacies become due as aforesaid That then such Legacy or Sum aforesaid shall be equally divided amongst such other Child or Children of the aforesaid John Praunce as shall be then living Item I give and bequeath unto Agnes my Daughter Wife of Charles Hatherly of Hartland the sum of five pounds to be paid within one yeare after my death Item I give and bequeath unto my Grand:Children John Hatherly Mary Agnes Son and Daughters of the aforesaid Charles Hatherly Ten pounds each to paid them when they shall attain and be of the severall ages of One and Twenty years And in case any or either of them happen to dye before they shall be of the age of one and Twenty as aforesaid Then my will and meaning is that the aforesaid sums of Ten pounds shall be paid to such other Child or Children as the said Charles Hatherly shall have living by Agnes his wife Item I give and bequeath unto Mary my Daughter the Widow of Nathaniel Daniell of Parkham in the said County of Devon Eighty pounds of lawfull money of Great Britain to be paid unto her in Twenty pounds per annum in four years from my death And in case the said Mary shall marry or be married or dye before the said Sum of Eighty pounds shall be to her paid in manner as aforesaid That then my Will and meaning is that the remaining part thereof remaine come and be to such Child or Children of the said Mary Daniell Item Item I give unto Mary and Susanna Daniell the two Children of Nathaniel Daniell Ten pounds each of them when they shall attain and be of the age of one and Twenty years Item I give unto Thomas Daniell my Grandson Son of the aforesaid Nathaniell Daniell the Sum of Ten pounds to be paid him when he shall be of the age of One and Twenty years Item I give and devise and bequeath unto my Eldest Son Degory Braginton and to his heirs and assigns for ever the Inheritance of all my Lands Tenements and Hereditainments with the said parish of Hartland and elsewhere within the County of Devon aforesaid not before given and bequeathed in this my last Will and Testament And All the Rest of my Goods and Chattells not before given and bequeathed my Debts Legacies and ffunerall Expenses being first paid and satisfied I give and bequeath unto Degory my Son whom I do hereby make and ordain to be my whole and sole Executor of this my last Will and Testament In Witness whereof I have hereunto set my hand and Seale this Tenth day of October in the Eleventh Year in the Reign of our Sovereign Lady Queen Anne over Great Britain er[?] Annoq Domini 1712 ./.Degory Braginton./. The afore going Will written on three Sheets of paper on each of which the Testator Degory Braginton hath written his name was on the day and year aforesaid sealed and published by the said Degory to be his last Will and Testament in our presence Thomas Stroud, Charles Hickells, The mark of Enoch Husband, John Short./.

Probatum fuit [.......] Testamentatum apud London [....] [.........] viro Domino Carolo Hedges [......] [......] [......] Curia Perogativa Cantuariensis Magisturo Custode [.......] Commissario legitime constituto die montis ffebruary anno Domini Mellesimo Deptingentesimo Duodecimo firmamente Degory Braginton filii dicti [......] [..] Executoris in dicto Testamento nominat [...] commissa fuit adminostrato omnium et singulorum bonorum [....] [etc. ... etc.]