Will of Peter PAYNE (1732-1813)
South Derbyshire Wills Collection
--- Peter PAYNE of Newton Solney (1732-1813) ---

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[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

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