1836 AARON BRAIN, Bitton, Yeoman
Ref: PCC
Proved: 8 March 1836 Written: 19
March 1834; 9 Dec 1834; 20 June 1835
Transcribed by Reg Harris
This is the last will and testament of me, Aaron BRAIN, of the hamlet of Bitton, in the parish of Bitton, in the county of Gloucester, Yeoman. I direct that all my just debts, funeral and testamentary expenses and the roots and the costs of proving this my will, be in the first place paid and satisfied by my executors hereinafter named and as to all my messuages, lands and tenements, live and dead stock, monies, furniture and all other, my goods, chattels and effects of every kind, I give devise and bequeath the same as follows.
Viz, I give divest and bequeath unto my son Abraham BRAIN all that plot of ground situated on North Common in the said parish of Bitton containing by estimation about two acres and a half together with the stable erected thereon bounded on the east by the ?????? ???? LIVETT's land, on the west by the turnpike road, on the north by a tenement in the occupation of Frances SUMMERILL and on the South by ???? land. And also all that . . . tenement and garden situated on North Common now occupied by George STIBBS and also all that cottage and gardens now in the occupation of Frances SUMMERILL to hold the same several premises with the respective appurtenances unto and to the use of my said son Abraham BRAIN for the term of his natural life.
All that tenement and garden situated on North Common lately occupied by James BRAIN but now by William NOBLE with the appurtenances and from and immediately after his decease I give and divest the same to his son James BRAIN to hold the same unto and to the use of the said James BRAIN and his heirs for ever.
I give and divest to my son Isaac BRAIN all that tenement and garden situated at Oldland Common now in the occupation of Joseph BRITTAN to hold the same with the appurtenances unto and to the use of my said son Isaac BRAIN and his heirs for ever.
I give and divest unto my son William BRAIN all that cottage tenement and garden situated at Oldham Common now in the occupation of Frances FUDGE adjoining the last mentioned tenement to hold the same with the appurtenances unto and to the use of my son William BRAIN and his heirs forever.
And it is my will that the gardens belonging to the said last mentioned tenements shall be divided between my two sons the garden in two equal parts so that there may be an equal quantity of garden ground to each tenement but in case of their at affecting as to the division I direct that the same shall be divided and allotted by my executors.
And it is my will and I direct that my executors shall allot ? and set out my root of land situated at Oldland Common containing about eight acres in three equal parts or portions in the following manner viz! one third part adjoining the QUARTERMAIN's land which I give and devise unto and to the use of my son William BRAIN and his heirs for ever. Another third part in the middle which I give and devise unto and to the use of my son Abraham BRAIN and to his heirs for ever. And the remaining third part adjoining the MITCHELL's land which I give and devise unto and to the use of my son Isaac BRAIN and his heirs for ever.
I give and devise unto my grandson James BRAIN (son of the said Abraham BRAIN) the part of land situated at North Common on the west side of the tenement occupied by the said William NOBLE, which is now in the tenure or occupation of William BRITTON, containing by estimation about one acre to hold the same unto and to the use of the said James BRAIN and his heirs for ever.
I give and devise unto my granddaughter Susan BRAIN, wife of Charles BRAIN, all that cottage, formerly two cottages, with the garden thereunto belonging, situated at Oldland Common now in the occupation of the said Charles BRAIN, to hold the same with the appurtenances unto and to the use of the said Susan BRAIN and her heirs for ever.
I give and devise unto my grandson Abraham STIBBS, all that cottage or tenement situated at Oldland Common with one half part of the gardens thereunto adjoining and which lies nearest his house now in his occupation, to hold the same with the appurtenances unto and to the use of the said Abraham STIBBS and his heirs for ever.
I give and devise unto my granddaughters Ann the wife of William BARON and Mary wife of Francis FUDGE all that cottage or tenement situated on Oldland Common now occupied by the said William BARON together with the other half part of the adjoining garden nearest to the tenement to hold the same with the appurtenances unto and to the use of the said Ann BARON and Mary FUDGE as tenants in common and not as joint tenants and their respective heirs for ever.
And it is my will and I do hereby direct that my executors do and shall divide, allot and set out my piece of land situated at Oldland Common containing about three acres bounded on the east by Frances FLOWER's land and contiguous to the tenements occupied by the said Frances FUDGE and Joseph BRITTON in two equal parts in such manner as they shall think proper.
And as to one half part thereof I give and devise the same unto and to the use of the said Abraham STIBBS and his heirs forever and the other half thereof I give and devise unto and to the use of the said Mary FUDGE and Ann BARON as tenants in common and not as joint tenants and their respective heirs for ever.
I give and bequeath unto my said son Abraham BRAIN one eighth part or share of and in the Golden Valley Coal Works and of and in the live and dead stock, lands and tenements, goods and chattels, monies, debts and effects to the same due, owing or belonging at the time of my death and which thereafter may be due, owing or belonging thereto - to hold, receive and take that same unto my said son Abraham, his executors, administrators and assigns and his and their own proper monies, chattels, property and effects for ever or for all my estate and interest therein.
I give and bequeath unto my said son William BRAIN one sixteenth part or share of and in the same works, lands, goods, chattels effects and premises which may be due, owing or belonging to me in respect of the said share at the time of my decease and thereinafter to be due owing or belonging thereto in respect of the same to hold, receive and take the same unto my son William BRAIN, his executors, administrators and assigns as his their own proper monies, goods, chattels, property and effects for ever or for all my estate and interest therein.
I give and bequeath unto my son Isaac BRAIN, for the term of his natural life, one eighth part or share of and in the annual interest or profits arising from the Kingswood Lodge Coalworks and of and in the live and dead stock, lands and tenements, goods chattels, monies, debts and effects to the same, due owing or belonging to me in respect of the said share at the time of my decease and which thereafter may be due, owing or belonging thereto in respect of the same.
And from and immediately after his death I give and bequeath the said eighth part or share of and in the aforesaid coalworks, lands and tenements, goods chattels and all other the last mentioned ?????? unto all and every his child and children equally between them to hold, receive, take profit and enjoy the same unto them, their executors, administrators and assigns as their his or her own monies, goods, chattels, property and effects for ever or for all my estate and interest therein.
But it is my will and I do hereby expressly stipulate and declare that neither the said James BRAIN nor any person claiming under him shall interfere in the management, control or direction of the works or in investigating the accounts or contracts thereof and in case of this so doing the legacy or benefit hereby intended shall cease and become void as if he was deceased.
And it is my will and I do hereby charge the said property with the payment of the following sums, viz to
George JEFFERIS of the parish of Bitton, Coal Miner, the sum of ten pounds to be paid at the expiration of twelve months after my decease if the profits received will allow the payment, if not, when they do.
And to William, Abraham and Martha STIBBS, the sum of thirty pounds in equal third parts or shares to be paid as they severally become of age and which payments are to be made by the person or persons in receipt of the profits arising from the said coalworks at the times when the legatees shall be severally entitled to receive the legacies bequeathed to them.
I give and bequeath to my said son Abraham BRAIN and to his son, the aforementioned James BRAIN, my remaining eighth part or share of and in the said last mentioned coalworks, lands, tenements, monies, property and effects to hold the same as, or in the nature of, tenants in common, equally, share and share alike, and to their respective executors, administrators and assigns for ever or for all my estate and interest in the same, subject, however, to, and I do hereby expressly charge the last mentioned share and the income or profits arising therefrom with the payment of an annuity, or weekly sum of, twelve shillings to Ann, the widow of my late son Moses BRAIN, for her life, and after her decease the sum of ten pounds towards the expenses of her funeral.
I give and bequeath to my brother John BRAIN the sum of fifty pounds and I remit and release him from the payment of the sum of eighteen pounds usto due and owing from him to me.
I give and bequeath to the trustees for the time being of Oldland Tabernacle the sum of ten pounds to be by them apportioned or expended for the use or good of the same in such manner as they may think proper. I give and bequeath to my servant Mary STOBES the sum of thirty pounds to and for her own use and benefit.
And to all the rest, residue and remainder of my property, goods and chattels, monies, debts, stock, furniture and effects of every kind and description, I give and bequeath the same unto my two sons Abraham BRAIN and William BRAIN and my grandson James BRAIN, son of the said Abraham BRAIN upon trust thereto they, or the survivors of them, or the executors of such survivors, do and shall by sale or otherwise, convert the same into money and, after payment of all incidental expenses, it is my will that, as to three fourth parts or shares thereof, they pay unto and equally divide the same between my said sons Abraham, William and Isaac BRAIN or the survivors or survivor of them living at the time of my decease.
And as to the remaining fourth part thereof, do and shall pay to or equally divide the same between my grandchildren, Abraham STIBBS, Ann BARON, Mary FUDGE and Susan BRAIN or such of them as shall be living at the time of my decease to whom I give and bequeath the same to and for their own several use and benefit.
And it is my will and I do hereby direct that the recipts of any or either of the legatees hereinbefore named who may be married females shall be good and sufficient releases and discharges to my said trustees and executors who shall not be afterwards bound to see to the application or disposition of the monies by them paid, provided always,
and it is my express will and desire that my executors shall not be required to make any bequest or division of property until the expiration of twelve months after my decease but ?use? thereto as may be lacking all such preliminary steps by sale or otherwise as may (so) be necessary for that purpose.
And lastly I do hereby nominate, constitute and appoint my said sons Abraham BRAIN and William BRAIN and my said grandson James BRAIN (son of the said Abraham BRAIN) executors of this my will and revoking all others by me at any time heretofore made, declare this only to be my last will and testament. In witness whereof I, the said Aaron BRAIN, have to this my last will and testament, contained in five sheets of paper, to the first four sheets set my hand and to this fifth and last sheet my hand and seal, the nineteenth day of March in the year of our Lord one thousand eight hundred and thirty four.
The mark of Aaron [ X ] BRAIN
Signed, sealed, published and declared by the testator Aaron BRAIN as and for his last will and testament in the presence of us, who in his presence and at his request and in the presence of each other, have hereunto subscribed our names as witnesses: H J WICOMB, Curate of Bitton; George SHORT of Oldland Common, Hatter; F FASBOROUGH; M HILLSBRIDGE
I the within named testator Aaron BRAIN do hereby declare this to be a codicil to my last will and testament within written. I will and direct that my executors do part-off and apportion one acre of the three acres of land in Oldland Common given and devised to Abraham STIBBS and Mary FUDGE and Ann BARON in such manner as may be most convenient to the residencies of the several persons entitled to the remaining two acres and the one acre parted off.
And I give and devise one half of such one acre unto and to the use of my son Isaac BRAIN and his heirs for ever and the other half unto and to the use of my son William BRAIN and his heirs for ever the same to be allotted and set out by my executors so as to suit their convenience.
And as to the remaining two acres I ratify and confirm the divest thereof the same to be allotted and divided as directed by my will. In witness thereof I hereto set my hand and seal the ninth day of December one thousand eight hundred and thirty four.
[X the mark of] Aaron BRAIN. Signed, sealed, published and declared by the said testator Aaron BRAIN as and for a codicil to his last will and testament in the presence of us, who in his presence at his request, and in the presence of each other, have hereunto subscribed our names as witnesses
Samuel ROBBINS; Richard BUTTON; George JONES
I Aaron BRAIN of the hamlet of Bitton, Yeoman, do make and declare this to be a further codicil to my last will and testament hereunto annexed being dated the nineteenth day of March one thousand eight hundred and thirty four. I give and bequeath to my two sons Abraham and William BRAIN all that debt or sum of two hundred and eighty pounds together with all arrears of interest which may be payable in respect of the same one and owing to me from the estate of Stephen JONES, deceased. Also the sum of two hundred and seventy eight pounds due to me from William BRAIN and Company and interest. Also the sum of one hundred and nine pounds eighteen shillings and ten pence due to me from Mrs Ann GATEN and interest. And also the sum of eighty pounds due to me from Thomas DOLLING and interest equally to be divided by and between my said sons to whom I give the same to and for their several use and benefit.
And I do hereby ratify and confirm my said will and former codicil thereto, dated the ninth day of December last in all other respects. In witness whereof I have hereunto set my hand and seal the twentieth day of June in the year of our Lord one thousand eight hundred thirty five.
The mark [ X ] of Aaron BRAIN
Signed,
sealed, published and declared by the said Aaron BRAIN as and for a
further codicil to his last will and testament in the presence of us, who in
his presence, at his request, and in the presence of each other, have hereunto
subscribed our names, witnesses: William BRYANT, William ADAMS, Samuel
ROBBINS
Proved at London (with two codicils), 8th March 1836, before the
judge by the oaths of Abraham BRAIN and William BRAIN, the sons
and James BRAIN, the grandson, the executors to whom Admon was granted
having first been sworn by commission duly to administer.
Transcriber's Notes
The Aaron BRAIN of the will was the father of the Abraham BRAIN born
1790.