Will of
South Derbyshire Wills Collection
--- Joseph PAYNE of Newton Solney (1732-1804) ---

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[WILL]
In the name of God Amen, I Joseph Payne of the Parish of Newton Solney in the County of Derby, being of sound disposing mind do ordain this my last Will & Testament. My mind and will is that my just debts be paid as soon as conveniently may be after my decease. I give, devise, & bequeath my Messuage or Tenement with the Premises adjoining situate in Newton Solney aforesaid to my beloved Wife Elizabeth Payne during the term of her natural life ; to devolve at her decease jointly & in equal shares to my Son, William Payne, & my Daughter, Sarah Payne. I also give bequeath to my Eldest Son Joseph Payne, one shilling. I also give & bequeath to my Daughter Hannah Pegge one shilling. I also give & bequeath to my Son Thomas Payne, one shilling. I also give & bequeath to my Son John Payne, one shilling. I also give & bequeath to my Son Peter Payne, one shilling.

Signed, sealed, published, declared, & delivered by the said Joseph Payne in the presence of us, who, in his presence & at his request, & also in the presence of each other have hereto subscribed our names as Witnesses. Witness my Hand & Seal this ninth day of November in the year of our Lord one thousand eight hundred & one.
[Seal] [Signed] Joseph Payne
Witnesses
[Seal] [Signed] Paul Holmes
[Seal] [Signed] Aaron Thorp
[Seal] [Signed] Charles Watkins

Know all Men by these Presents that We Elizabeth Payne of the Parish of Newton Solney in the County of Derby Widow John Dickenson Fowler of Burton upon Trent in the County of Stafford Gentleman and John Hawkins of Burton upon Trent aforesaid Yeoman are held and firmly bound unto Richard Smallbroke Doctor of Laws Vicar General of the Diocese of Lichfield and Coventry --- in Two Hundred Pounds --- of good and lawful Money of Great Britain to be paid unto the said Richard Smallbroke or to his certain Attorney his Executors Administrators or Assigns To which Payment well and truly to be made. We oblige ourselves and every one of us be herself and themselves for the whole our and every one of our Heirs Executors and Administrators firmly by these Presents Sealed with our Seals dated the Fifteenth --- day of October --- in the Forty fourth Year of the Reign of our Sovereign Lord George the third by the Grace of God of the United Kingdom of Great Britain and Ireland King Defender of the Faith &c And in the Year of our Lord One Thousand Eight Hundred and Four

The Condition of this Obligation is such That if the above bound Elizabeth Payne --- Administrator of all and singular the Goods Chattles and Credits of Joseph Payne late of the parish of Newton Solney deceased with his last Will and Testament annexed do make or cause to be made a true and perfect Inventory of all and singular the Goods Chattles and Credits of the said deceased which have or shall come to the Hands Possession or knowledge of hers --- the said Elizabeth Payne --- or unto the Hands and Possession of any Person or Persons for her --- and the same so made do exhibit or cause to be exhibited into the Registry of the Bishops Court at Lichfield at or before the last --- day of December next ensuing and the same Goods Chattles and Credits and all other the Goods Chattles and Credits of thesaid deceased at the time of his death which at any time after shall come to the hands or Possession of the said Elizabeth Payne --- or into the hands and Possession of any other Person or Persons for her do well and truly administer according to Law And further do make or cause to be made a true and just Accompt or her said Administration at or before the last --- day of October 1805 and all the Rest and Residue of the said Goods Chattles and Credits which shall be found remaining upon the said Administrators Accompt the same being first examined and allowed of by the Judge or Judges for the time being of the said Court shall deliver and pay unto such Person or Persons respectively as the said Judge or Judges by his or their Decress or Sentence pursuant to the true Intent and Meaning of a later Act of Parliament made in the two and twentieth and three and twentieth Years of the Reign of our late Sovereign Lord King Charles the Second intituled an Act for the better settling of Intestates Estates shall limit and appoint then this Obligation to be void or else to remain in full Force and Virtue
Sealed and delivered
in the Presence of --
 her
By the above named Elizabeth   X   Payne
Elizabeth Payne mark

John Dickenson Fowler [Signed] John D Fowler
and John Hawkins the younger [Signed] John Hawkins Junr
[Signed] Cordwell Westrope

RICHARD SMALBROKE Doctor of Laws, Vicar General of the honorable and right reverend father in God JAMES, by Divine permission, Lord Bishop of Lichfield and Coventry, To The Reverend Hugh Jones Senr. and the Reverend Hugh Jones Junr --- Clerks jointly, and severally Greeting : WHEREAS we have decreed letters of Administration of the Goods and Personal Estate of Joseph Payne late of the Parish of Newton Solney --- in the County of Derby --- and Diocese of Lichfield and Coventry Yeoman deceased, who died intestate with his Will annexed (as is alleged) to be granted to Elizabeth Payne the Widow Relict --- of the said deceased ; We therefore Commit and Grant to you jointly, and severally, full Poer and Authority, as well to administer the Oath underwritten, to the said Elizabeth Payne --- as to see the Bond hereto annexed, Signed Sealed and delivered by her and two sufficient Sureties ; And what you shall do in the Premises you are to Certify to us, or our Surrogate ; Dated at Lichfield the Tenth --- Day of October --- in the Year of our Lord 1804
Qry. When he died?
Ans. 7th June 1804 [Signed] Wm. Mott  D Reg

The Oath
Your Oath is that the writing now shewed unto you contains the Original last Will and Testament of Joseph Payne deceased, so far as you know and believe ; that you are his Widow Relict, and will faithfully administer his Goods and Personal Estate, according to Law and the Tenor of the said Will, by paying his Just Debts - and the Legacies therein bequeathed, so far as his Personal Estate will extend, and the Law require from you, that you will make a true and perfect Inventory, and exhibit the same into the .. Registry of the Bishops Consistory Court of Lichfield, and also a just Account of your Administration when you are thereunto lawfully required and that the Goods Chattels and Credits of the said deceased as they were at his Death without deducting any Debts owing by the said deceased therefrom do not amount in value to the sum of 100 £
So help you God &c.
On the fifteenth Day of October 1804
This Commission and Bond were duly executed and the said Elizabeth Payne was duly sworn according to the Tenor of the above Oath -
 Before me   }
 Hugh Jones } Comm
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This South Derbyshire Will Transcription contributed by & © 2002 Brett Payne All Rights Reserved