John Mann of Nether Broughton 1821 Will
Leicestershire, Leicester and Rutland Archives PR/T/1821/105
This is the last Will and Testament of me John Mann of Nether Broughton in the County of Leicester Gentleman made this Eighth day of March in the year of our Lord one thousand eight hundred and fourteen as follows (that is to say)
In the first place I give unto my dear wife Elizabeth Mann All those three several Messuages or Tenements with the Gardens and appurtenances to the same belonging situate standing and being in Nether Broughton aforesaid and now in the several Tenures or occupations of John Lovat John Lockton and Thomas Peters To hold the same unto my said dear wife Elizabeth Man and her assigns for and during the Term of her natural life (if she shall so long continue a Widow) And from and immediately after her death or second marriage which shall first happen I give and devise the same three several Messuages or Tenements with the gardens and appurtenances to the same belonging unto my Nephew Thomas Brett of Broughton Sulney in the County of Nottingham Grazier his Heirs and Assigns for ever
And I do hereby give and devise unto my said Nephew Thomas Brett his Heirs and assigns All those two several closes or grounds inclosed called or known by the several names of the Goss Close containing four Acres or thereabouts and now let as a Fox Cover and the close containing three Acres or thereabouts now in the occupation of John Fawkes both situate within the Lordship or parish of Hickling in the said County of Nottingham and which were upon the Inclosure of the open fields there allotted to me in lieu of half an Oxgang of land purchased of William Morris and his wife And also all that Messuage Cottage or Tenement with the outbuildings yard Garden Croft and appurtenances thereto belonging now in the occupation of John Hopkinson And also all that piece or parcel of land containing six Acres or thereabouts now in the occupation of the said John Hopkinson both situate within the Lordship or Parish of Hickling aforesaid And all and all manner of Tythes and Tenths of Corn grain and Hay and all other Tythes and Tenths of what nature soever arising out of the same piece or parcel of land and premises now in the occupation of John Hopkinson and which I purchased of William Morris And also all that Messe or Tenement now divided into three dwelling Houses situate in Nether Broughton aforesaid and now in the several occupations of William Odin [?] William Pick David Milles [blank] And also all that new erected Messuage or Tenement situate in Nether Broughton aforesaid and now in the Tenure or occupation of John Hopkin with the orchards yards gardens thereto belonging And also all that Homestead to the said Messuages or Tenements adjoining or belonging containing one acre & one rood or thereabouts and now in my own occupation and which I purchased of Ann Man and others with the appurtenances To hold the same and every part thereof unto and to the use of my said Nephew Thomas Brett this Heirs and Assigns for ever Subject nevertheless to the payment of such of my just debts that I shall owe at the time of my decease and the legacies herein by me given as my personal Estate shall fall short in paying
Also I give unto my said dear wife Elizabeth Man and her assigns for and during the Term of her natural life one annuity or yearly rent of sum of fifty pounds of lawful money of Great Britain free and clear of and from all Taxes charges and deductions whatsoever Parliamentary or otherwise imposed or to be imposed by Authority of Parliament or otherwise howsoever to be issuing and payable out of the Messuage or Tenement several closes pieces or parcels of land Hereditaments and premises with the appurtenances hereinafter described given and devised and to be paid and payable yearly and every year at or upon the four most usual feasts or days of payment in the year (that is to say) the feast of the Annunciation of the blessed Virgin Mary the Nativity of St John the Baptist Saint Michael the Archangel and the Birth of our Lord Christ by even and equal portions the first payment thereof to begin and be made upon such of the said days of payment which shall first happen after my decease And my mind and Will is and I do hereby direct in case the said Annuity yearly rent or sum of fifty pounds or any part thereof shall happen to be behind or unpaid by the space of fourteen days over or after any of the said feasts or days of payment whereon the same is hereinbefore appointed to be paid as aforesaid that then it shall and may be lawful to and for the said Elizabeth Mann and her assigns into and upon all and every the said Messuages or Tenements several Closes or pieces or parcels of land Hereditaments and premises hereinafter mentioned given and devised or into or upon any part thereof to enter and distrain and the distress and distresses then and there found to take lead drive carry away and impound and in pound to detain and keep or otherwise to dispose thereof according to due course of law until she the said Elizabeth Man of the said Annuity yearly rent or sum of fifty pounds and all arrears thereof and all costs charges and expences occasioned by the non payment thereof at the days and times in that behalf before mentioned shall be fully satisfied and paid And my Will and meaning further is and I do hereby direct accordingly That in case the said Annuity yearly rent or sum of fifty pounds or any part thereof shall happen to be behind or unpaid by the space of twenty eight days next over or after any of the said Feasts or days of payment whereon the same is hereinbefore appointed to be paid as aforesaid (the same having been lawfully demanded) then and so often it shall and [“may” missing] be lawful to and for the said Elizabeth Man and her Assigns into and upon the said Messuages or Tenements Closes pieces or parcels of land Hereditaments and premises hereinafter mentioned give and devised or into or upon any part thereof in the name of the whole to enter and the same to have and hold and enjoy and the rents and profits thereof and of every part thereof to receive and take to and for her and their own use and benefit until she or they shall be thereby or therewith or otherwise fully satisfied contended and paid the said Annuity yearly rent or sum of fifty pounds And all arrears thereof and also so much of the said Annuity as shall incur and grow due during such time as she the said Elizabeth Man or her assigns shall continue in possession of the premises after such entries as aforesaid And also all such loss costs charges damages and expences as shall be occasioned by the non payment thereof or of any part thereof at the days and times aforesaid
Also I give unto my Nephew Thomas Brett and to his Heirs and Assigns All that Messuage or Tenement with the yard gardens Stables Barns and other outbuildings and appurtenances situate standing and being in Nether Broughton aforesaid and now in my own occupation And also all that Homestead or home close lying adjoining thereto containing three acres and an half or thereabouts which I purchased partly of William Barlow and partly of George Brown and now also in my own occupation And also all those two closes or grounds inclosed situate in Nether Broughton aforesaid containing six Acres two roods and ten perches or thereabouts and called or known by the names of the New Closes and now also in my own occupation and which said Messuage or Tenement and the said two last mentioned closes were devised to me by my Fathers Will And also all that other Close called the Nether new close situate in Nether Broughton aforesaid containing five Acres or thereabout and now in my own occupation and which I purchased of Charles Law [Lane?] And also all that Homestead or home close called by the name of the Well close situate in Nether Broughton aforesaid and containing by estimation one acre of thereabout whereon a Messuage or Tenement formerly stood and which I purchased of Thomas Parsons and others and now in my own occupation And also all that orchard called the Well Close Orchard wherein a Messuage or Tenement formerly stood containing about two Roods and adjoining to the said Close called the Well close and now also in my own occupation And also all that close or ground inclosed situate lying and being in Nether Broughton aforesaid and called or known by the name of Milking Close and containing fourteen acres and thirty perches or thereabouts and now in my own occupation And also all that other close or ground inclosed situate lying and being in Nether Broughton aforesaid containing three acres one rood and twenty seven perches or thereabouts and called or known by the name of the church close and now also in my own occupation and which two last mentioned closes I purchased of John Greenfield Together with all and singular the Rights Members and Appurtenances to the said Messuage or Tenement closes lands Tenements and Hereditaments belonging or in anywise Appertaining To hold the same and every part thereof unto and to the use of my said Nephew Thomas Brett his Heirs and assigns for ever Subject nevertheless to and charged and chargeable with the said Annuity yearly rent or sum of fifty pounds so as aforesaid given to my said dear wife Elizabeth Man and to the remedies hereinbefore contained for securing the punctual payment thereof
Also I give unto my Nephews William Brett and Samuel Brett And unto my Niece Elizabeth Brett the sum of ten pounds apiece to be paid to them by my Executor hereinafter named out of my personal Estate within twelve Calendar Months next after my decease
Also I give unto my said dear wife my two Bedsteads in the Middle Chamber and in the further Garrat with the Hangings feather beds Bolsters Pillows Blankets and Coverlet thereto belonging Also half my Linnen and Dressing table in the Middle Chamber the Swing Glass and a set of Mahogany Chest of Drawers in the best Chamber the large Glass in the little Chamber the Beaufit in the little room six chairs and dining Table fire shovel Tongs poker and large fender in the House the Mahogany Card Table and painted Chairs in the Parlour two silver Table spoons six silver Tea spoons and the sugar knippers the best silver cream jug the plain Sofa with the Cover belonging to it two candle sticks one round baking Tin a new large brass pan and cover one tea kettle the little bell mettle pan two small Tubs small frying pan and half a dozen of my best knives and forks to and for her own use and disposal
And I do hereby give unto my said Nephew Thomas Brett all the rest residue and remainder of my real Estate Monies Securities for money Household goods furniture plate Linnen China Ware Stock goods Chattels and personal Estate whatsoever and wheresoever not hereinbefore specifically disposed of Subject nevertheless to the payment of all my just debts that I shall owe at the time of my decease my funeral expences the charges of proving this my Will and the legacies hereinbefore by me given to and for his own use and benefit Provided always and my mind and will is and I do hereby direct accordingly in case my said dear wife Elizabeth Man if she shall survive me shall sue for Claim Challenge or demand her dower right or Title of dower of into or out of all and every or any of the Messuages Closes lands Tenements and Hereditaments whereof I now am or hereafter shall be seized of any Estate of Inheritance or if my said dear wife Elizabeth Man shall refuse or neglect being thereto requested by my said Nephew Thomas Brett his Heirs or assigns to release unto him or them as his or their costs and charges in the law all her dower and right and Title of Dower which she might claim challenge or demand of into or out of all and every or any of the Messuages Closes lands Tenements and Hereditaments whereof I now am or shall be hereafter seized of any Estate of Inheritance That then and in either of the said cases and from and immediately after such suit claim or demand of dower or such refusal or neglect to execute a Release thereof such Release being prepared at the costs and charges in the law of my said Nephew Thomas Brett his Heirs and assigns and presented to my said dear wife Elizabeth Man for execution the said annuity hereinbefore given to her shall cease and be void and be no long payable any thing hereinbefore contained to the contrary thereof notwithstanding
And I do hereby nominate and appoint my said Nephew Thomas Brett Sole Executor of this my Will, hereby revoking all former Wills by me at any time heretofore made
In Witness whereof, I the said John Mann have to this my last Will and Testament contained in five sheets of paper to the four first Sheets thereof set my hand and to this last and fifth sheet my hand and seal the day and year first above written
John Mann
Signed sealed published and declared by the within named John Mann the Testator as and for his last will and Testament in the presence of us who in his presence and in the presence of each other have subscribed our names as witnesses thereto
Mary Caldecott
Sam: Caldecott
John T Caldecott
Whereas I John Mann of Nether Broughton in the County of Leicester Gentleman in and by my last Will and Testament in writing bearing date the eighth day of March which was in the year of our Lord one thousand eight hundred and fourteen did give unto my Nephew Thomas Brett and to his heirs and assigns All that my Messuage or Tenement with the yard Garden Stables Barns and other out buildings and appurtenances situate standing and being in Nether Broughton Aforesaid and in my own occupation And whereas I have Erected a Small Messuage or Tenement and conveniences upon part of the above mentioned premises for my own Residence and have appropriated a part of the said Garden to the said new Erected Messuage for my own occupation Now I do by this my Codicil to my said Will and which I desire may be taken and considered as A part thereof Give unto my wife Elizabeth Mann and her assigns All that my said new Erected small Messuage Tenement and convenience with the Garden thereunto adjoining and belonging And Also the use of the pump belonging to the said Messuage or Tenement so as aforesaid given to my said nephew Thomas Brett jointly with the occupiers of the said last mentioned Messuage or Tenement To hold the same unto my said wife Elizabeth Mann and her assigns for and during the Term of ninety nine years if she shall so long live and continue my Widow Yielding and paying therefore yearly and every year the yearly rent or sum of two pounds of lawful British money unto the person or persons who for the time being shall be entitled to the Remainder or Reversion thereof after her decease or second Marriage which shall first happen under or by Virtue of my will And from and immediately after her decease or second marriage which shall first happen I give and devise the said new Erected small messuage tenement garden and premises and all and Singular the premises hereinbefore given to my said wife Elizabeth Mann as aforesaid unto my this Nephew Thomas Brett his heirs and assigns for every hereby ratifying and Confirming my said [almost a whole line obliterated by a tear along a fold]
In Witness whereof I have to my Codicil to my said will Set my hand and seal this ninth day of May one thousand eight hundred and twenty
John Mann
Signed sealed published and declared by the said John Mann as and for a codicil to his will in the presence of us
TB [possibly JB] Copestake
Sam: Caldecott
John Thos Caldecott
17 May 1821
Let a probat be made to Thomas Brett of Nether Broughton in the County of Leicester Farmer the sole Executor in the will with a Codicil of the within named John Mann who died at Nether Broughton the 25 March last
He being duly sworn as well to the faithful Execution of the will and codicil, as that the Testator’s Goods chattels and Credits as they were at his death without deducting any Debts owing by him therefrom do not amount in value to the sum of One hundred Pounds
Before me Tho. Stevenson Surrogate to the Official
Same day probat passed the seal
Wm Harrison Depy Regr