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Will of Noble S. Braden
Signed 12 November 1869
found in Chancery File M3615 Loudoun Co., VA Archives, Leesburg, VA

Transcribed by Sue Beach, on September 1997

I, Noble S. Braden of the County of Loudoun and State of Virginia do make this my last will and testament in manner and form following, viz: I devise to Henry E. Peyton all my interest in and to the tract of land adjoining the land of William Williams, Thomas Sevan [?] and others in the County of Loudoun and State aforesaid which was purchased by Joshua Pusey and myself of the heirs of Martha Sullivan, Joseph Brown and Thomas Sevan containing in all about two hundred and sixty acres, also the residue of the land near Stumptown in the County and State aforesaid, as divided between Joshua Pusey and myself, containing about Forty six acres exclusive of some four lots part thereof sold and conveyed since said division, to be held in trust by the said Henry E. Peyton for the sole and separate use of my daughter Mary E. Peyton, the wife of Henry E. Peyton, for and during her natural life to permit her to receive and enjoy for her own use the issues, rents, and profits thereof, but neither the said land nor the issues, rents, or profits thereof shall be in any manner liable for the debts, contracts, or engagements of her present, or any future husband she may have. But the said real estate may be sold by the said trustee if so ordered by the said Mary E. Peyton in writing attested by two witnesses, and the proceeds thereof disposed of in such manner as the said Mary E. Peyton may direct; and the said Mary E. Peyton, should no such sale be made, shall have the power and right of

[page 2] disposing by will of any real estate which may be under the control of said trustee for her benefit at the time of her death, and such devise by her so made shall convey an absolute and full title to the same, and in case no such will shall be made by the said Mary E. Peyton, the said real estate shall be vested in her lawful heirs. I devise that my library and the cases containing it shall not be sold but that the same be equally divided amongst my three children: Mary E. Peyton, Jeannette S. Braden, and Florence May Braden. I give to my daughters Mary E. and Florence all my silver ware to be equally divided between them. I give to Robert Braden, son of Rodney C. Braden dec'd, my double barrel gun. I give to Robert D. Fenton, the son of my niece Bettie Fenton, my gold watch and chain to be delivered to the said Bettie Fenton as early as practicable after my decease in charge for her son. I desire that my daughter Mary E. Peyton shall select from my household and kitchen furniture beds, beding [sic] and such other articles including my carriage and harness and one horse, as she may think proper which shall not be sold but remain under the control of my executor for the space of two years or longer if he should deem it necessary for the use and comfort of my three daughters, and when no longer held for their common use, the same shall be divided into three equal parts, one of which I give to each of my daughters beforementioned. I direct that my executor hereinafter named shall at his discretion sell all the

[page 3] lands in the State of Iowa belonging to me and on such sales being made he is hereby authorized to execute sufficient conveyances for the same. All my personal estate not herein before disposed of shall be sold by my executor at such time and on such terms as he may think most conducive to the interest of my estate. My son in law Henry E. Peyton is hereby released from the payment of any notes given by him to me, or any balance due me in the nature of accounts, or charges on my books, or charges by way of advances made to him or his wife, Mary E. Peyton, previous to 1st January 1868. After the payment of my just debts, expenses, &c, I direct that the residue of my estate shall be divided into three equal parts, one of which I bequeath to each of my daughters, Mary E. Peyton, Jeannette S. Braden, and Florence May Braden. In the disposal of my real estate, as herein before directed it will be seen that the larger portion of it is appropriated to the benefit of my daughter Mary E. Peyton, and which might seem to require some explanation in order to prevent an impression which might be suggested that I had been partial in the distribution of my property. My reason for making the disposition of my real property as I have done arises from the fact that Joshua Pusey (lately deceased) the grandfather of my daughters, found it impossible (without dividing some of his farms) to make an equal distribution of his real estate amongst them and desired that I should, in disposing of my real

[page 4] property, endeavor to place them on an equality as near as practicable, which I have tried to do. Should it so happen that my personal estate shall not be sufficient (after deducting the specific legacies herein before bequeathed) for the payment of all my debts, I direct that so much of the real estate herein before devised to Henry E. Peyton, in trust, as may be necessary, shall be sold by my executor in order to their payment. First however selling my Iowa lands, next my Stumptown lands, and if they should not be sufficient, then such portion of the tract purchased of Sullivan and others as shall be necessary for that purpose. And lastly I hereby nominate and appoint William C. Shawen executor of this my last will and testament and having entire confidence in his integrity and capacity I desire that he may be permitted to qualify as such without giving security in witness whereof I have hereunto set my hand this 12th day of November 1869.

[signed] Noble S. Braden

The erasures and interlucuations[?] in the thirty second and thirty third lines on first page and in the thirteenth, twentieth, twenty third and twenty fourth lines on second page and the fourteenth line third page and the tenth line fourth page were made previous to signing. Signed and acknowledged by Noble S. Braden as his last will and testament before us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses.

[signed] Decatur Vandevanter
[signed] Wm C. Shawen

The above is revoked by a corrected copy of the same date.