[WILL]
In the Name of God Amen I Peter Payne the Elder of Newton Solney in
the County of Derby Gentleman being of sound and disposing Mind Memory
and Understanding Do make publish and ordain this my last Will and Testament
in manner and form following (that is to say) First I will and direct that
all my Debts and the Expences of my Funeral and of Proving this my Will
shall be fully paid by my Son Peter Payne by and out of my Personal and
Real Estate herein after given to him Also I give and bequeath unto and
to the Use of my Wife Hannah Payne all my Household Goods and Furniture
Plate Linen and China and also all the Cloaths and Apparel usually worn
by her Also I give and bequeath unto each of my Daughters Mary Smedley
and Harriet Hallam (whom I have already provided for) the Sum of five Pounds
of lawful Money of the United Kingdom of Great Britain and Ireland current
in Great Britain to buy each of them Mourning to be paid to each of them
within six Calendar Months next after my Decease Also I give and bequeath
unto my Son Thomas Payne the Sum of Three Hundred Pounds of lawful Money
of the United Kingdom of Great Britain and Ireland current in Great Britain
to be paid to him when he shall attain his Age of Twenty one Years with
Interest for the same from my Death until Payment at and after the Rate
of three Pounds and ten shillings for an Hundred Pounds for a Year and
with the Payment thereof I subject and charge my Real Estae situate in
Church Gresley in the County of Derby now in the Possession of my Son Peter
Payne But in Case my said Son Thomas Payne shall die without Issue before
he shall attain his said Age of Twenty one Years then I will and direct
that the said Legacy of three Hundred Pounds shall not be paid but shall
sink into the Freehold and Inheritance of my said Real Estate for the Benefit
of my said son Peter Payne his Heirs and Assigns to whom I have hereinafter
given the same Real Estate Also I give devise and bequeath unto my Sister
Sarah Browne and her Assigns for and during the Term of her natural Life
One Annuity or yearly Sum of Ten Pounds of lawful Money of the United Kingdom
of Great Britain and Ireland current in Great Britain free and clean from
all Taxes and Deductions whatsoever which said Annuity of Ten Pounds herein
before by me given to my said Sister Sarah Browne I do hereby will and
direct shall be charged upon and be yearly issuing and payable from and
out of my Messuage Closes Lands Hereditaments and Real Estate situate in
Church Gresley aforesaid now in the Possession of my said son Peter Payne
and shall begin and be computed to commence from the Day of my Death and
be paid to the said Sarah Browne or her Assigns during her Life by four
Quarterly Payments in every Year by equal Portions And the first Payment
thereof to begin and be made at the End of three Calendar Months next after
my Decease And I do will and order that when and so often as the said Annuity
herein before by me given to my said Sister Sarah Browne shall be behind
and unpaid in part or in all for the Space of Twenty Days next after any
of the Days or Times whereon the same ought to be paid as aforesaid being
lawfully demanded Then and so often and from time to time at it shall so
happen It shall and may be lawful to and for the said Sarah Browne or her
Assigns from time to time during her life into and upon my said Messuage
Closes Lands Hereditaments and Real Estate situate in Church Gresley aforesaid
now in the Possession of my said Son Peter Payne to enter and distrain
and the Distress and Distresses then and there found to treat manage and
sell and dispose of in like manner as Distresses for Rent reserved on Common
Demises may be taken treated managed sold and disposed of until thereby
or therewith or otherwise the said Annuity or yearly Sum of ten Pounds
and all Arrears thereof and all Costs and Charges from time to time attending
such Distress shall be fully paid and satisfied And Subject to the Payment
of my Debts Funeral and Testamentary Expences and Legacies aforesaid And
charged and chargeable with the said Annuity of Ten Pounds herein before
by my given to my said Sister Sarah Browne and with a certain Annuity or
Yearly Sum of Twenty Pounds of lawful Money of Great Britain which I have
granted unto James Pycroft of Rolleston in the County of Stafford Gentleman
and Thomas Lakin of Fradley in the said County of Stafford Gentleman and
their Heirs by a certain Indenture bearing Date the first Day of May One
Thousand Eight Hundred and Two made subsequent to my Marriage with my present
Wife for the Use of my said Wife Hannah Payne for her Life commencing from
my Death and Payable by half yearly Payments And also Subject to and charged
and chargeable with the Payment of the Sum of Two Hundred and Fifty Pounds
of lawful Money of the United Kingdom of Great Britain and Ireland current
in Great Britain unto my said Daughter Mary Smedley her Executors Administrators
or Assigns within three Calendar Months next after my Death for which I
have given my Bond and also subject to and charged and chargeable with
the Payment of the Sum of Two Hundred and Fifty Pounds of lawful Money
of the United Kingdom of Great Britain and Ireland current in Great Britain
unto my said Daughter Harriet Hallam her Executors Administrators or Assigns
within three Calendar Months next after my Death for which I have given
my Bond and to the several Powers and Remedies given and provided for securing
and receiving the same I do hereby Give Devise and bequeath All my said
Messuage Closes Lands Hereditaments and Real Estate situate and being in
Church Gresley aforesaid now in the Possession of my said Son Peter Payne
or any other Person and also all my Money Cattle Hay Corn and Personal
Estate not herein before disposed of unto and to the Use of my said Son
Peter Payne his Heirs Executors Administrators and Assigns for ever Also
I constitute nominate and appoint my said Wife Hannah Payne and the said
Thomas Lakin Guardians of the Person of my said Son Thomas Payne and of
his Estates Real and Personal until he shall attain his Age of Twenty one
Years Also I nominate constitute and appoint my said Wife Hannah Payne
the said Thomas Lakin and my said Son Peter Payne Executors of this my
last Will and Testament And I do hereby revoke and make void all and every
other Will and Wills by me at any time heretofore made and do declare this
to be my last Will and Testament In Witness whereof I the said Peter Payne
the Testator have to the first Sheet of Paper of this my last Will and
Testament contained in two Sheets of Paper set my Hand and to this second
and last Sheet thereof have set my Hand and Seal this Eighth --- Day of
April --- in the Year of our Lord One Thousand Eight Hundred and Three
-
[Signed] Peter Payne
Signed Sealed Published and Declared by the said Peter Payne the Testator
as and for his last Will and Testament in the Presence of Us, who at his
Request and in his Presence and in the Presence of each other have subscribed
our Names as Witnesses to the same the one Word "Browne" being first wrote
six times upon an Erasure.
[Signed] Aaron Thorpe
Nathl. Hazard
Paul Holmes
[ADMINISTRATION]
WILLIAM VYSE, Clerk, Doctor of Laws, Vicar General of the Honourable
& Right Reverend Father in God JAMES, by Divine permission, Lord Bishop
of LICHFIELD and COVENTRY, To Hugh Jones and John Newport --- Clerks jointly,
and severally Sendeth Greeting, WHEREAS it has been alledged, before the
Rev. CHARLES BUCKERIDGE, D.D. our Surrogate, that Peter Payne the Elder
--- late of Newton Solney --- in the County of Derby --- and Diocese of
Lichfield and Coventry, Gentleman deceased, duly made and executed, his
last Will and Testament, in writing, and therein named Hannah Payne of
the same place Widow Peter Payne of and Thomas
Lakin --- of the Parish of Executrix & Executors
thereof. A power being reserved for Thomas Lakin We therefore by these
presents, Commit and Grant, to you, jointly, and severally, full power
and authority to administer the Oath under-written, to the said Hannah
Payne and Peter Payne the Executrix and one of the Executors and the said
Oath being administered, you are to certify the same to US or our said
Surrogate, and subscribe your name thereto, together with these presents,
within three Months from the date hereof. Provided nevertheless that this
Commission shall be of no effect, unless so certified and transmitted to
US within that time. Dated at LICHFIELD, the Tenth --- day of June ---
in the Year of our Lord, 1814.
[Signed] Wm. Mott D Regr
The Oath
Your Oath is, that the writing, now shewed unto you, contains the original
last Will, and Testament, of Peter Payne the Elder deceased, so far as
you know and believe ; that you are the Executrix and one of the Executors
--- named herein, and will faithfully perform that Office, 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 thereof, and Exhibit the same into the Registry
of the Bishop's Consistory Court of LICHFIELD, and also a just account
of your Executorship, when you are thereunto lawfully required and that
the Goods and Credits of the said Deceased as they were at his Death without
deducting any debts, owing by the said deceased therefrom, did not amount
in value to the Sum of Fifty pounds --- Pounds
So help you God, &c.
QRY When he died?
ANS. 24th Dec. 1813
On the sixteenth --- day of June --- 1814.
This Commission was duly executed and the said Hannah Payne and Peter
Payne --- of the Parish of Church Gresley in the County of Derby --- were
duly sworn according to the above Oath before me
[Signed] H. Jones Commissioner