BRAIN, Esther (Will)

I, Esther Brain, wife of John Brain of Badsey, weaver:

Whereas by Indenture of Lease and Release bearing dates 2nd and 3rd February 1772 mentioned to be made between the said John Brain by his name and description of John Brain of Dorsington, Glos, yeoman, of the first part and the said Esther Brain by name and description of Esther Beesley of Badsey, widow of the second part, and Charles Welch of Evesham in the same county, gentleman and John Rickards of Saintbury, Glos, yeoman, of the third part, reciting that a marriage was then intended shortly to be solemnised between John Brain and me and that I was seized in fee simple of a certain messuage outbuildings orchard and garden in Badsey and also well entitled to a very considerable personal estate consisting of ready money securities household goods furniture and implements and stock in trade Witnessed that in consideration of the intended marriage I Esther Brain with the consent of John Brain did grant and release unto Charles Welch and John Rickards their heirs and assigns All that messuage or tenement with the garden orchard and outbuildings thereunto adjoining and other the appurtenances thereunto belonging situate lying and being in Badsey then occupied by myself to hold the same unto Charles Welch and John Rickards upon trusts In consideration of the said intended marriage give to Charles Welch and John Rickards sums of money, security for money credit and stock in trade and all household goods and other the personal estate of me the said Esther Brain amounting together of the value of £600 and upwards to hold to Charles Welch and John Rickards with full power to dispose make sale It was agreed between the said parties that the messuage and orchard released upon trust for the use of me Esther Brain until the marriage should take effect and after the solemnisation

By my will I appoint:

• All the aforesaid messuage or tenement garden orchard and outbuildings and other my real estate and also the use of the rooms and fixtures in the shop and the shelves bureau and chest and corner cupboard in the said messuage unto my said dear husband John Brain for and during the term of his natural life
• From and immediately after his decease I appoint the said messuage, garden orchard and outbuildings with the appurtenances unto my nephew Samuel Rickards of Saintbury, weaver, son of the said John Rickards
• I also give and bequeath unto Samuel Rickards the said looms, fixtures, shelves, bureau, chest and cupboard
• And I give out of my personal estate the several respective legacies or sums of money:
• To my said dear husband the sum of £200
• To my brother John Rickards the sum of £40
• To my two nephews William Rickards and Joseph Rickards, sons of the said John Rickards, the sum of £30 apiece
• To my nephew and niece Samuel Rickards and Mary Rickards, son and daughter of my late brother Samuel Rickards deceased the sum of £20 apiece
• To my four nieces, Elizabeth Rickards, Mary Rickards, Sarah Rickards and Esther Rickards, the daughters of my late brother Joseph Rickards the sum of £30 apiece
• To my executors the sum of £5 to be distributed according to their discretion among the poor and indigent inhabitants of Badsey All legacies to be paid within one year of my decease
• I give all my wearing apparel of every kind equally to be divided among all my nieces share and share alike
• All the rest and residue of my personal estate I give to John Rickards, Samuel Rickards, William Rickards and Joseph Rickards, sons of the said John Rickards and the said Elizabeth Rickards, Mary Rickards, Sarah Rickards and Esther Rickards, the daughter of the said Joseph Rickards deceased equally to be divided among them as tenants in common

Executors:  My husband John Brain and my brother John Rickards

Signed:  Mark of Esther Brain