(25) Legal document, apparently giving Mary Brind power over the estate of her late husband William. May 7, 1732.



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NOVERINT Universi per Praesentes Nos Mariam Brind de Highworth in Coun Wilts vie Henricum Coleman de ead tuerer & Xtophorium Lewis de ead Blacksmith

teneri & firmiter obligari Reverendo Georgio Stexhous ..... prebend ario Prebend de Highworth .... Sarum ab autique ...Libris bon & legal. Moentae Magn. Britain. solvend. edidem duo ...aut suo cert. At. quam quidem solutionem bene & fideliter faciend obligamus NOS et quenlibot nostrum per se pro toto & solid. Haeredes Executores & Administratores sigiltat. D.A.T. Septe die Mensis May Anno Dom. 1732.

The condition of this obligation is such that if the above bounden Mary Brind widow Relict and Administrix of all and singular the goods, chattels, rights and credits of William Brind late of Highworth in the county of Wilts & nemliar(?) jurisdiction of His Prebendary of Highworth authority founded in his Cathedral Church of Salisbury together with his last will and testament annexed during his nonage & minority of Thomas Brind, William Brind and Ann Brind, natural and lawful children of this said deceased & executors jointly named in his said last will shall and will well and duly execute and perform the said will and pay the debts and legacies of the said deceased so far further as his goods chattels and credits will thereto extend and the last bind her. And also shall make or cause to be made a true and perfect inventory of all and singular the goods, chattels and credits of the said deceased which have or shall come to the Hands, Possession or Knowledge of her the said Mary Brind or into the hands, possession of knowledge of any other person of persons for her and the same so made shall exhibit or cause to be exhibited into the registry of her above said Prebendary of Highworth on or before his last day of August (if required) next ensuing. And lastly shall make and render a true and just account of and upon her. Administration in the premises and well and truly pay and deliver upon such sum or sums of money and such other of the testators estate as shall be remaining in her hands to such person or persons as shall have right to the same and as the law shall direct when his said Thomas, William and Ann Brind shall be of lawful age to receive this same & she the said Mary Brind shall be thereunto lawfully required. Then this obligation to be void or else to remain in full force and virtue.

Signed William Boucher, (latin) Dio & Ao---Highworth---Maria Brind--minor---Ayscough Surrogate Mary Brind Henry Coleman Christopher Lewis
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(25a) May 31, 1781, indenture between Walter Brind & Charles Poulton. Poulton has bought land in Wilts from Walter for £570

DOC21

This indenture made the thirty first day of May in the twenty first year of the reign of our sovereign Lord George the third by the Grace of God of Great Britain France and Ireland King Defender of the faith ... and in the year of our Lord on thousand seven hundred and eighty one (1781) Between Walter Brind of Foster Lane in the City of London Goldsmith of the one part and Charles Poulton the younger of Cricklade in the county of Wilts Yeoman of the other part Whereas the said Walter Brind hath sold the freehold and inheritance of certain pieces or parcels of lands hereditaments and premises situate lying and being in the parish of Cricklade Saint Sampsons and Chelworth in the said County of Wilts to the said Charles Poulton the younger at or for the price or sum of five hundred and seventy pounds and accordingly by indentures of lease and release the lease bearing date the day next before and the said release bearing date herewith and made or expressed to be made between the said Walter Brind and Ann his wife of the one part and the said Charles Poulton the younger and Thomas Dutton of Bray in the county of Beds  salesman of the other part and fine therein covenanted to be levied and which has accordingly been levied the same pieces or parcels of land hereditaments and premises in Cricklade Saint Sampsons and Chelworth aforesaid in the said indentures particularly mentioned and described with their appurtenance have for the considerations therein mentioned been granted and released by the said Walter Brind unto the said Thomas Dutton his heirs and assignees In trust for the said Charles Poulton the younger his heirs and assignees for ever And Whereas by indenture bearing date the first day of July one thousand seven hundred and twenty nine (1729) and made between Ann Archer of Cricklade aforesaid widow of the one part and Joseph Jones of Cirencester in the County of Gloucester Gentleman of the other part. It was witnessed that in consideration of the sum of three hundred and fifty pounds in the same indenture mentioned to be paid to the said Ann Archer by the said Joseph Jones the said Ann Archer Did grant bargain sell and devise {among other premises} the said several pieces of parcels of land hereditaments and premises unto the said Joseph Jones his executors administrators and assignees to hold from thenceforth for the term of five hundred years without impeachment of waste by way of mortgage subject to a proviso to be void on payment of three hundred and fifty eight pounds fifteen shillings in manner therein mentioned And whereas by one other indenture bearing date the eighteenth day of April one thousand seven hundred and thirty three (1733) and made between Joseph Fletcher of Cricklade aforesaid Baker and the said Ann his wife then late Ann Archer widow of the one art and John Eycot of Cirencester aforesaid Goldsmith sole executor of the last will and testament of the said Joseph Jones deceased of the other part Reciting as therein is recited and that the said sum of three hundred and fifty eight pounds a fifteen shilling was not paid according to the proviso in the last indenture mentioned but that all interest due thereon had been paid It was witnessed that in consideration of the sum of one hundred and fifty pounds to the said Joseph Fletcher and Ann his wife paid by the said John Eycot they did grant bargain sell and confirm the said hereditaments and premises unto the said John Eycott his executors administrators and assignees to hold from the date thereof for the term of five hundred years without impeachment of waste subject to redemption or payment of five hundred and eleven pounds five shillings as therein mentioned And whereas by one other indenture bearing date the twenty seventh day of March one thousand seven hundred and thirty five (1735) and made between the said John Eycott of the first past Dame Margaret Erule of Conock in the County of Wilts widow of the second part and Oliffe Richmond of Ashton Keynes in the said county esquire of the third past reciting as therein is recited It was Witnessed that in consideration of the sum of five hundred and forty three pounds thirteen shillings and sixpence to the said John Eycott in hand paid by the said (Dame) Margaret Erule and for other considerations be the said John Eycott at her request and direction did bargain sell assign and set over all the said hereditaments and premises with their appurtenances (unto) the said Oliffe Richmond his executors administrators and assignees to hold from thenceforth for all the residues of the said several terms of five hundred years and five hundred years In trust for the said Dame Margaret Erule her executors administrators and assignees subject to redemption upon payment of five hundred and forty three pounds thirteen shillings and six pence and interest in manner therein mentioned by Ann Archer spinster only daughter and heir of the said Ann Fletcher deceased And whereas the said Dame Margaret Erule in and by the last will and testament in writing duly executed bearing date on or about the first day of September one thousand seven hundred and thirty six (1736) after giving divers pecuniary legacies gave to her heir Eleanor Carter wife of Thomas Carter of Cricklade all that tenement or dwelling house he then lived in which said tenement with the estate thereunto belonging she then held by a mortgage and if it should happen that the mortgage be paid off she then gave to the said Eleanor Carter out of the mortgage money two hundred pounds for the term of her life and after her decease she willed the two hundred pounds to be divided by equal portions amongst her younger children and if the mortgage did not happen to be paid off then she willed that the younger children should after her decease have all an equal right in the house and she also willed another dwelling house in Cricklade aforesaid to certain persons therein name for their habitation which house was also part of the estate held by mortgage for the time the mortgage money should remain unpaid and whenever the mortgage should be paid off then she gave out of the money so paid forty pounds as therein also mentioned and appointed Margaret Carter an infant whole and sole executrix and also residuary legatee and because the said Margaret was then an infant she did appoint her father the said Thomas Carter and her uncle William Archer her Guardians and did empower them to prove her will and shortly afterwards died without revoking or altering her said will and the said Thomas Carter and William Archer took out letters of administration with the said will annexed out of the proper Ecclesiastical Court during the minority and for the benefit and advantage of the said Margaret Carter the executrix And whereas by indenture Quadripartite bearing date on or about the twenty fourth day of March one thousand seven hundred and forty three (1743) and made between the said Oliffe Richmond of the first part the said Thomas Carter and William Archer and the said Ann Archer spinster of the second part Thomas Coleman of Cirencester aforesaid surgeon of the third part and Henry Coleman of Highworth in the County of Wilts .....of the fourth part reciting as therein is recited And also reciting in part the will of the said Dame Margaret Erule and that the said Thomas Coleman at the request of the said Ann Archer who was entitled to the equity of Redemption of the said premises had on the day of the date thereof advanced and lent unto the said Thomas Carter and William Archer three hundred and fifty pounds for the use of the said Margaret Carter and that it had been agreed that all the said mortgaged premises should be assigned as a collateral security for the repayment thereof It was witnessed that in consideration of the said agreement and of the said sum of three hundred and fifty pounds to the said Thomas Carter & William Archer (bond by the said Thomas Colen then the said Thomas Carter William Archer) and Oliffe Richmond by the direction of the said Ann Archer and at the nomination of the said Thomas Coleman did bargain sell assign and over all the said hereditaments and promises unto the said Henry Coleman his executors and administrators and assignees.

WRO 374/503 Page 2

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(26) William Brind's will, written 1732, he died 1732, but it was administered on August 15, 1781, the children were named as executors but as minors could not perform this task. William owned an inn called The Crown in Highworth.
William Mary
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Henry Walter William Ann Thomas


In the name of God Amen. This one and thirtieth day of March in the year of our Lord one thousand seven hundred and thirty two, I William Brind of Highworth in the County of Wilts Innholder being indisposed of Body but of sound mind and memory thanks be to God and calling to mind the uncertainty of Human Life and willing to settle my temporal affairs to my own satisfaction do make and ordain this my last will and testament as followeth the Imprimis I commend my soul to God that gave it to me and my body to the Earth to be devoutly interred at the discretion of my wife Mary Brind {{crossed out, 'Executors and Executrix herein after named}} and as for my worldly estate wherewith it hath pleased God to bless me in this life I dispose of the same in manner following. I give and bequeath unto my son Henry Brind the sum of ten pounds of lawful money of Great Britain when he shall attain his age of one and twenty years.

Item I give and bequeath unto my son Walter Brind the sum of ten pounds of like lawful money to be paid to him when he shall attain his age of one and twenty years.

Item I give and bequeath unto my said wife Mary Brind my inn in Highworth aforesaid called and known by the name of the Crown with all and every the appurtenances there unto belonging to hold to her the said Mary for and during the term of her natural life (or day of marriage which shall first happen) and after her decease (or day of marriage) then the said inn to be disposed of and the purchase money to be equally divided between my five children, viz Henry, Walter Thomas, William and Ann Brind or between so many of them as are then living and likewise my wife Mary shall have the use of all my household goods until my said executors and executrix shall be of the age of one and twenty years (provided that she do not marry again). And lastly I do nominate constitute and appoint, make and ordain my sons Thomas Brind, William Brind and my daughter Ann Brind joint executors and executrix of this my last will and testament revoking and disannulling and making void all former wills and testaments by me made and done ratifying and confirming this and no other to be my last will and testament and all my goods and chattels and effects in possession and reversion (except what is before bequeathed) shall be to the use and behoof of my said executors and executrix share and share alike and I do devise request and appoint and nominate my brother in law Henry Coleman of Highworth and Thomas Carter of Cricklade St Sampson to be overseers of this my last will and testament and to see the same performed according to the intent hereof and my desire in willing whereof I have here unto set my hand and seal the day and year first above written, William Brind. Signed sealed published pronounced and declared by the above named William Brind to be his last will and testament in the presence of us who subscribed our names in the presence of the testator. D Marsh, John Probetts, James Potts.

On the Wiltshire version it says:--

At Highworth 6th May 1732, Maria Brind, sworn before Ja:Ayscough surr.

On the version in the PRO, which is the real will, there is the note on the right at the bottom:--

Thomas Brind the son of the deceased and the surviving executor within named was duly sworn as usual (and that the effects do not amount of £300) before me. (signature) F Simpson, surrogate.






And this note on the left:--

Proved at London the 24th of September, 1781, before the worshipful Francis Simpson, Doctor of Laws, and surrogate, by the oath of Thomas Brind the son and the surviving executor to whom Admon (administration) was granted, he having been first sworn duly to administer.

On the bottom it says: "Testator was late of Highworth in the county of Wilts and died in 1732."

On the back of the will it says: '1732 Highworth (39) The will of William Brind'

Also at the Public Record Office is a copy of this will with the addendum: "This will was proved at London the twenty fourth day of September in the year of our Lord one thousand seven hundred and eighty one before the (gap) worshipful Francis Simpson Doctor of Laws Surrogate of the Right Worshipful Peter Calvert Doctor of Laws, Master Keeper or commissary of the Prerogative Court of Canterbury lawfully constituted by the Oath of Thomas Brind the son of the deceased and surviving executor named in the said will to whom administration was granted of all and singular the goods chattels and credits of the said deceased having been first sworn duly to administer."

This is Prob 11/1081 423 (ff312)







(Then almost fifty years later)

Frederick by Divine Providence Archbishop of Canterbury Primate of all England & Metropolitan to all and singular flocks and likewise persons whomsoever & wheresoever in and throughout our whole province of Canterbury greeting. Whereas it hath been represented & sufficiently made known unto the worshipful Andrew Foltan Ducard (?) doctor of laws, Surrogate of the Right Worshipful Peter Calvert Doctor of Laws, Master Keeper or Commissary of Our Prerogative Court of Canterbury lawfully constituted on the part and behalf of Thomas Brind the son and surviving Executor named in the last will & testament of William Brind late of Highworth in the County of Wilts deceased that the said deceased died in the year one thousand seven hundred and thirty two but whilst living & of sound mind memory and understanding duly made & executed his last will and testament in writing and thereof appointed his sons Thomas Brind aforesaid & William Brind and his daughter Ann Brind spinster Executors who at the time of the said deceased's death were in their minority to wit respectively under the age of seventeen years and therefore by law incapable of taking upon them the probate & Execution of the said will and that the said deceased at the time of his death was possessed of goods, chattels or credits in divers dioceses or jurisdictions sufficient to found the jurisdiction of our prerogative court of Canterbury and that not withstanding the premises(?) letter of administration/ with the said will annexed/ of all and singular the goods chattels and credits of this said deceased were on or about the sixth day of May in the said year <one thousand seven hundred and thirty two>

incautiously granted and committed under the seal of the Prebendary Court of Highworth aforesaid (where the said will now remains) to Mary Brind widow the Relict of the said deceased as the mother and guardian of the said executors for their use and Benefit during their minority and until they or one of them should attain the age of seventeen years as by the acts & records of the said Prebendary Court reference lacking(?) thereunto had/will appear and whereas the surrogate aforesaid at the Petition of the Proctor of the said Thomas Brind rightly & duly proceeding did interpose his Diocese for transmitting into and leaving in the registry of Ann said prerogative court of Canterbury the aforesaid original last will and testament of the said deceased in manner and form herein after mentioned (Justice so requiring) we do therefore hereby authorise empower and strictly enjoin and command you jointly and severally that you peremptorily monish of cause to be monished the Revered the Prebend of the Prebendary of Highworth aforesaid his Commissary his Surrogate and register or Achiary(?) in special and all others in general in whose custody power or possession the said original will now is or doth remain /whom we also by the tenor of these presents do so admonish/ that they or one of them do transmit or cause to be transmitted unto our said Master Keeper or commissary his surrogate some other competent judge in this behalf in the Dining Room adjoining to the Common Hall of Doctors Commons situate lying and being in the Parish of Saint Benedict near Paul's Wharf, London, and place of Judicature there on or before the Caveat day to wit Tuesday the fourth day of September next ensuing the said original last will and testament of the said deceased and further to do & receive as unto law and justice shall appertain under pain of the law and contempt thereof at the Promotion of the said Thomas Brind, the Son of the said deceased and surviving executor <named in the said will> as aforesaid and what ye shall do or cause to be done in the premises ye shall duly certify our said Master Keeper or commissary his surrogate or some other competent judge in his behalf together with these presents given at London the fifthteenth day of August in the year of Our Lord one thousand seven hundred and eighty one. Henry Stevens Geo. Gostling (gap) Jno Grene

Deputy Registers

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