LOUDOUN COUNTY – WILL OF NOBLE S. BRADEN ~ 1869

Transcribed by Sue Beach, [sbeach@iquest.net] on September 1997 

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


********

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.