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Help and advice for Will of James Brayley of North Lew, Devon (1845)

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Estate Duty Office Will of of James Brayley, Devon (North Lew)

© Crown Copyright

Devon Record Office 1078/IRW/B/1395

Transcribed by Roy Drew

For the Stamp Office
Copy of the will of James Brayley, late of Northlew in the County of Devon, Yeoman


James Brayley of Northlew, Devon Yeoman

Proved in the Archdeacons Court of Totnes                  9 December 1845


Sworn under £600
George Horwell

Deputy Registrar

This is the Last Will and Testament of me James Brayley of Northlew, in the County of Devon, Yeoman. I give and devise unto my son James Brayley all that my estate and land called Luckroft with its appurtenances situate in the parish of Northlew aforesaid. To hold to the said James Brayley his heirs and assigns forever subject and changed whereinafter is mentioned. I give and devise unto my son Alexander Brayley and all my estate and land called Wester Tenement or Weyborn with the closet of land and appurtenances thereto belonging or usually held therewith now in assignment to Mr. Glass situate in the said parish of Northlew. To hold to the said Alexander Brayley his heirs and assigns forever subject nevertheless to the payment of the mortgaged money now due in respect thereof and all interest to grow due in respect thereof. I give and bequeath unto my wife Judith Brayley an annuity or yearly sum of seven pounds to be paid and payable to her and her assigns out of my said estate of Luckroft by regular half yearly payments during the term of her natural life or widowhood but in case she shall marry again I will and declare that the said annuity shall immediately cease. I also give unto my said wife the bed performed in which we now sleep.
I give and bequeath unto my daughter Jane Brayley and Grace Brayley the sum of one hundred pounds a piece to be paid to them out of my said estate of Luckroft within six calendar months next after my death. I give and bequeath unto my daughter Jane Brayley and Grace Brayley the annuity as year rent charge of four pounds a piece to be paid and payable to them and their assigns respectively during their respective natural lives out of my estate of Luckroft by regular half yearly payments and I do declare that this first payment of the said several annuities by this my will made payable shall be made and begin at the end of six calendar months next after my death and further declare that in case either of the said annuities shall at any time be in arrears for ten days after the same respectively shall become payable it shall continued for the person or persons whose annuity shall be so in arrears to enter upon the said estate of Luckroft and to distrain for the same and the distress.or distresses so taken to sell or .otherwise dispose of in order to satisfy and pay the same annunity or annunities and all costs and expenses incurred hereby in the same manner that a landlord recovers his rent in arrears and all the rest residue and remainder of my land and personal estate and effects whatsoever which I may possessed. I give, devise and bequeath the same unto my said son James Breyley his Heirs, Executors, Administrators and assigns subject and charged with this payment of my debt and Funeral and Testamentory expenses and I hereby appoint my said son James Brayley Executor of this my will hereby revoking all former wills and codicils by me made and declare this my last will. In Witness whereof I have here unto set my hand and seal this twenty second day of March one thousand eight hundred and four.
Signed sealed published and the cared by the said Testator of his last will in the presence of us who at his request in his presence and in the presence of each other have subscribed our names as witnesses.



William Burd        Atty Okehampton
C. Seymour   Clerk to Burd and Sons, Solicitor Okehampton
The above and foregoing writing contains a true copy of the original will of James Brayley died the same
having been carefully examined therewith by us.
W. Hannaford   Clerk to Geo. Horwell Deputy Reg. of the Archdeacon Court of Totnes



No. 1 For Executors

Appeared personally James Brayley of Northlew in the County of Devon and Archdeaconry of Totnes, Yeoman, the Executor named in the last Will and Testament of James Brayley, late of Northlew aforesaid Yeoman, Deceased who died on the Twenty Eighth day of November 1845 and made oath that he hath made diligent search and due enquiry after, and in respect of the Personal Estate and Effects of the aforesaid deceased, in order to ascertain the full amount and value thereof; and that to the best of his 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 any thing on account of the Debts due owing from the deceased) are under the value of 6 hundred pounds, to the best of this Deponents knowledge, information and belief.

Sworn on the Ninth Day of December 1845: James Brayley
Before me: J W Burrough