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The document (which is three pieces of parchment) says on the outside 'Probate of the will and codicil of Thomas Brind deceased. Dated March 28th 1851.'

(The hand writing is clear and easy to read, though there are some tough spots in the folds. Some words I have had problems with and may have got wrong probably because I am not familiar with them. JEB)

I

Thomas Brind late of Wanborough in the County of Wilts but now of Liddington in the same county Yeoman do this twelfth day of July in the year of our Lord one thousand eight hundred and forty three make and declare my last will and testament in manner following that is to say in the first place I hereby charge and make chargeable all that my copyhold estate situation lying and being in the parish of Wanborough aforesaid and now in the occupation of Thomas Smith and Charles Smith the the payment of such principal money and interest as I shall or may owe on security of the same at the time of my decease and subject thereto I give devise and bequeath my said copyhold estate and all other my real and personal estate property and effects of what nature or kind soever and wheresoever of which I shall die seized possess or entitle or have power to dispose of by this my will unto my good friends John Bewley of Lydiard Millicent in the said County of Wilts and John Merrifield of Overton in the same County Yeoman to hold to them their heirs executors administrators and assigns for ever according to the different natures and qualities thereof. But nevertheless upon the trust to and for the ends intents and purposes herein after expressed and declared concerning the same that is to say upon trust to pay to or otherwise permit or suffer authorise and empower my wife Elizabeth Brind to occupy and enjoy the said copyhold and other real estate or otherwise to receive and take the rents issues and profits thereof and with also the interest dividends and annual income of my said personal estate for and during the term of her natural life for her own absolute use and benefit and after her decease then as to my said copyhold and other real estate upon trust and I hereby direct my said trustees and the survivor of them his heirs executors administers and assigns to cause a true just and perfect survey and valuation to be made of the said copyhold and real estate and for that purpose to call in a surveyor or surveyors or other competent person or persons to survey and value the same and as to my said personal estate to call in dispose of and convert the same into ready money and after paying there out my just debts my funeral and testamentary expenses and the expenses of the said survey and valuation to make out and state a true and perfect account of the nett proceeds of my said personal estate and to add thereto the value of my said copyhold and real estate so ascertained as aforesaid after deducting there from the charges and encumbrances thereon and to divide the gross amount into three equal parts or shares it being my will and desire that my three children namely my son William Brind and my two daughters Lucy the wife of James Cannon and Mary Ann Brind shall each have one equal third part in value of my said trust property and estates but it being also my will and desire that my said son shall have my said copyhold and real estate I further direct my said trustees or trustee for the time being after having ascertained the value thereof and the nett proceeds of my personal estate in manner aforesaid to assign surrender and effectually make over to him my said son his heirs and assigns absolutely my said copyhold an real estate but if the value thereof ascertained in manner aforesaid shall exceed and be more than one equal third part of the whole of my said estate over and above one equal third part then I desire my said son to pay to my said trustees or trustee for the time being and I charge the said copyhold and real estate with the payment to my said trustees or trustee of such sum of money as shall be equal to the excess or surplus in value of the said copyhold and real estate over and above one equal third part or share of the whole of the said trust property and estates to the intent that such excess may be paid and applied by my said trustees in making up to my said two daughters their respective full one third part or shares. But if the whole of my said copyhold and real estate ....in manner aforesaid shall be less than one equal third part in value of the whole of the said trust property and estates than I direct my said trustees or trustee for the time being to pay pay to my said son out of the proceeds of my personal estate so much money as with my said copyhold and real estate shall make up to him one equal third part of the whole of the said trust property and estate and I direct my said trustees or trustee for the time being to make up to each of my said daughters in manner and by the means aforesaid one equal third part or share of the said trust property and estate and to pay assign or deliver the same to them accordingly and I hereby declare that the same shall belong to them respectively as their own respective properties exclusively and independently of any present or future husband and without being liable to the debts control or engagements of any husband and that their receipts along not withstanding coverture shall be a good and effectual discharge for the same-- and if any or either of my said three children shall happen to depart this life in my lifetime leaving issue lawfully begotten then I give the part or share which the parent would have had if living unto such issue equally between them if more than one child and if but one to such only child but if any or either of them shall happen to die in my lifetime without leaving any such issue then I give the share of the one so dying unto the survivors or survivors of them (and I nominate constitute and appoint my said wife Elizabeth Brind and the said John Bewley and John Meriefield executrix and executors of this my will and I hereby declare that my said trustees and executors and the survivors and

SURVIVOR of them and the executors or administrators of such survivor shall and may at all times reimburse and indemnify themselves respectively all such costs charges damages and expenses as they or either of them may at any time expend out or be put unto by reason of all any or either of the trusts hereby on them reposed and that neither of them shall be answerable for any loss which may happen to the said trust premises unless such loss happen through his or her wilful neglect or default nor then one for the other of them nor for more monies than shall actually come into each of their hands respectively and I hereby revoke all former wills by me made and declare this only to be my last will and testament IN WITNESS whereof I said Thomas Brind the testator have to this my last will and testament contained in these sheets of paper set my hand the day and year first above written--- Thos Brind--- signed and declared by the said Thomas Brind the testator as subscribed our names as witnesses the ... in the fist and second lines of the first sheet having been first made---- James Bradford ... Swindon... Tho Jefferies his clerk.

I Thomas Brind of Liddington in the County of Wilts Farmer do declare this present writing to be a codicil to be added to my last will and testament and to be taken as part of the same I give and bequeath to my daughter Lucy Canning the wife of James Canning of Little Hinton carpenter the sum of one hundred pounds and to my daughter Mary Ann Brind the sum of one hundred pounds and I declare that my said daughters shall be paid the said legacies or sums of money over and above and in addition to any share or interest which my said daughters respectively will have or take under any devise or bequest contained in my said will and I declare that the executors of and named in and by my said will shall pay the said respective legacies or sums of money to my said daughters respectively after my debts and testamentary expenses have been fully paid and satisfied and before the distribution of the residue of my personal estate and in case my personal estate shall be insufficient to pay my debts and testamentary expenses than and in such case I charge and make chargeable my real estate with the payment of the said respective legacies or sums of money now bequeathed by me to my said daughters respectively. In all other respects I ratify and confirm my said will and testament IN WITNESS whereof I the said Thomas Brind the testator have to this codicil to my said last will and testament set my hand this fourteenth day of March in the year of our Lord one thousand and eight hundred and forty five---- T Brind ------witnesses Wm Foote Swindon Emma Reacey Liddington

In the goods of Thomas Brind deceased APPEARED PERSONALLY William Foote of Swindon in the County of Wilts Gentleman one of the attesting witnesses to the codicil annexed to the last will and testament of Thomas Brind of Liddington in the said County of Wilts deceased which codicil bears date the fourteenth day of March in the year of our Lord one thousand eight hundred and forty five and is now hereunto annexed and made oath that the said codicil was signed at the foot or end whereby the said Thomas Brind the testator as and for a codicil to his said last will and testament in the presence as well of this appearer as of Emma Reacey who was present at the same time and he further made oath that he the appearer and the said Emma Reacey did attest the said codicil and subscribe their names as witnesses thereto in the presence of the said testator and of each other as the same now appear and he lastly made oath that having with particular care and attention viewed and perused the said codicil and observed that there are two signatures of the testator thereto one made below the other and the first of the said signatures being somewhat incomplete this deponent said that such signatures were both made at the time the said deceased executed his said codicil he being at the time confined to his room and being very weak from ill health and that the second of the said signatures was made by the said deceased in consequence of the first signature not being so well written or so perfect as the deceased wished it to be and that the said second signature was the one meant and intended by the said testator to be the signature to the said codicil and is the one that is attested by this deponent and his fellow attesting witness Emma Reacey--- Wm Foote--- sworn on the twenty seventh day of March one thousand eight hundred and fifty one by virtue of the annexed commission before me--- Henry G Baily

Wilts 1012.50

2 Effects sworn under £1500 Testator died 25th March 1845

By the tenor of these presents we William Macdonald clerk master of arts archdeacon of the archdeaconry of Wilts make known to all men that on the twenty eight day of March in the year of our Lord One Thousand Eight hundred and fifty one before the Reverend George Lewes Benson Clerk Bachelor of Laws our Lawful Surrogate and by him at Sarum. The last will and testament with codicil annexed of Thomas Brind late of Liddington in the County of Wilts and Deanery of Cricklade deceased

hereunto annexed was proved approved and registered and administration of all and singular the goods chattels and credits of the deceased and any nay concerning his will was granted to John Bewly one of the surviving

Executors named in the said will he having been already sworn well and faithfully to administer the same and make a true and perfect inventory of all and singular the said goods chattels and credits and to exhibit the same into the registry of the archdeacon of Wilts on or before the last day of June next ensuing and also to render a just and true account thereof when thereunto lawfully required saving the rights of all persons dated at Sarum under the seal of our office the day and year above said.

W Macdonald Registrar

In the margin it says: Power reserved to John Merrifield the other surviving executor

And in the same ink in the text it says 'by virtue of a commission' It is not clear where this should go.