Will: David DAVIES, Penchiewbengam, 1851

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1 Will of
2 Mr David Davies

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3 Trefeglwys
4 The Will of
5 David Davies
6 Under £500
7 Probate granted 1st November 1851
8 Regd Page 153
9 J. Parry Morgan
10 Surrogate

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11 This is the last Will and Testament of me David
12 Davies of Penchiewbengam in the Parish of Trefeglwys in the County of Montgomery
13 Gentleman made this Sixteenth – day of May – one thousand eight hundred and forty
14 I will and direct that all my just debts funeral and testamentary expenses shall be paid
15 out of my personal Estate by my Executors hereinafter named And Whereas by the
16 Settlement made on my Marriage with my late dear Wife Sarah Daughter of Mr David Evans
17 certain Messuages or Tenements Lands and Hereditaments called Rhuen and Penyrhiew
18 in the Parishes of Llanwnog and Trefeglwys in the siad County of in such Settlement firstly
19 particularly described and mentioned and which now the Estates of my late Father Charles
20 Davies were limited and settled subject to an annunity to my late Father during his life To the
21 use of myself the said David Davies for my life with Remainder subject to an annunity to my
22 said Wife for her life in case she should have survived me To the issue of my said Marriage
23 in tail but with a power notwithstanding the limitations therein contained for me at any
24 time during my life by my last Will and Testament in writing to be by me signed and
25 publsihed in the presence of and attested by three or more credible Witnesses to charge upon or
26 direct limit or appoint to be paid out of the said Messuages or Tenements Lands Hereditaments
27 not exceeding in the whole the principal sum or Three hundred Pounds for the portion or
28 portions of my younger Children and with maintenance or Interest therein as therein mentioned
29 not exceeding the rate of Five Pounds per centum per annum and with power for me to make
30 any gift or devise of the said Messuages or Tenements Lands Hereditaments and promises to any
31 person or persons for any term or number of years In trust to raise such portion or portions
32 and maintenance as I should charge or the said provisions Now therefore by virtue and in
33 pursnance of the said in part recited powers or authorities and also by virtue and in pursuance of
34 all and every other powers and authorities to me given or in any wise enabling me in this behalf
35 I the said David Davies do by this my last Will and Testament by me signed and published
36 in the presence of and attested by the credible persons whose names are intended to be hereupon
37 endorsed as attesting Witnesses charge upon and direct limit and appoint to be paid out of all
38 singular the said messuages and Tenements Lands Hereditaments and premises comprised in
39 the said Settlement made upon my said Messuage And firstly therein described and thereby made
40 subject to the said in part recited limitations and powers the full principal sum of Four
41 hundred pounds for the portions of my four younger Children And I do hereby direct and
42 appoint that the same sum of Four hundred Pounds shall be equally devided between my
43 said four younger children namely Charles Davies, Sarah Wife of Richard Bennett, Mary wife of
44 Thomas Evans and Ann Davies in equal shares and proportions, and that the shares of the said
45 Sarah Bennett Mary Evans and Ann Davies three of my said Children shall vest in and be paid

46 1

47 David Davies

48 Witnesses
49 Charles Woosnam
50 .. Morgan
51 Edward Hughes I.n.

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52 and payable to them respectively immediately after my decease with Interest in the mean
53 time until the same shall be so paid after the rate of Five Pounds per centum per annum and
54 that the share of my said Son Charles Davies shall vest in him immediately after my decease and
55 shall be paid to him as and when he shall attain his age of Twenty one years with Interest on
56 such share in the meantime towards the maintenance of the said Charles Davies until the same
57 shall be paid of the said in part recited persons I do hereby give and decise all and singular the
58 said Messuages or Tenements Lands Hereditaments and premises hereinafter described or referred to
59 unto my Friends Mr Thomas Kinsey of Maesmawr and Mr Richard Powell of Dolwen their
60 Executors Administrators and assigns for and during and unto the full end and term of one
61 thousand years withouth impeachment of waste to commence from the day of my death In Trust
62 that they they said Thomas Kinsey and Richard Powell their Executors Administrators and assigns
63 do and shall by Mortgage or Sole full of any part of the said Hereditaments and promises
64 comprised in the said Form of One thousand yeares of by and out of the Rents and profits thereof
65 or by all or any of the same or any other ways and means raise and levy the said sum of
66 Four hundred Pounds so hereby charged by me on the same Hereditaments and premises for the
67 portions of my said four younger children with Interest thereon as hereinbefore mentioned I give
68 devise and bequeath unto my Son Charles Davies his Heirs Executors Administrators and assigns
69 All those my two Messuages or Tenements with the Lands thereto adjoining and belonging
70 containing Thirty five acres or thereabouts commonly called Upper Cefnbarrach situate lying and
71 being in the Township of Bodaioch in the said Parish of Trefeglwys now in the possession or occupation
72 of Richard Rowlands and David Evans Together with all allotments or shares of allotments of Land
73 made to or in respect or right of the same Messuages Lands and Hereditaments under or by virtue
74 of the Ainstley Inclosure Act and all other the Hereditaments and premises which my late Father
75 purchased from Mr Edward Tilsley Davies And also the sum of One hundred Pounds due and
76 secured to me upon Mortgage of the Tolls arising at the Dolhafren Turnpike Gate near the Town
77 of Llanidloes To hold the same unto my said Son Charles Davies his Heirs Executors
78 Administrators and Assigns to and for his own absolute use and benefit And I do hereby declare
79 that it shall and my be lawful to and for the said Thomas Kinsey and Richard Powell
80 as my Trustees to receive the rents interest and profits of the Estate and monies so hereby devised
81 bequeathed and appointed to my said Son Charles Davies until he shall attain the Age of twenty
82 one years and to pay and apply the same or a sufficient sum in their discretion for or towards
83 the maintenance education and judment of the world of my said Son Charles I give and
84 devise All that Messuage or Tenement and Lands with the Appuertenances commonly called
85 and known by the name of Cyton’s Land containing by Admeasurement Ninety four Acres or
86 thereabouts situate in the said Parish of Trefeglwys which I purchased in the year one thousand

87 David Davies

88 Witnesses
89 Charles Woosnam
88 .. Morgan
89 Edward Hughes In.

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90 eight hundred and four from the Reverend Hope Wynne Eyton Clerk and all allotments
91 or parts shares or proportions of Allotments of Land made to or in right of the same Lands
92 under the said Ainstley Inclosure Act And also a certain Allotment of Land made under
93 the same Act situate on Coedygardden in the said Parish of Trefeglwys and which I purchased
94 from the Representation of the late Mrs Dorothy Savage unto the said Thomas Kinsey and
95 Richard Powell and the survivor of them his Heirs and Assigns shall and do with all convenient
96 speed after my decease sell and dispose of the said Messuage or Tenement and Lands either
97 by public auction or private contract and together or in such Lots and manner as they or he
98 shall think fit for the best price they can reasonably obtain, and do and shall enter into and
99 make all necessary contracts Conveyances and assurances of the same and with full power for my
100 said Trustees for the time being to reserve or bidding on any such Sale or Sales, and to buy in the
101 same Hereditaments and promises or any Lot or Lots thereof and again to resell the same without
102 incurring any personal liability and generally to do all necessary acts and conduct the Sale of
103 the said Hereditaments and premises in all respects with the same powers as I might myself
104 use or exercise in the Sale or disposal thereof And I do declare that the receipts in writing
105 of the said Thomas Kinsey and Richard Powell and the survivor of them his Heirs and
106 Assigns shall be good and effectual discharges to the respective purchasers of all or any part of
107 the said Messuage Lands and Hereditaments hereby devised to be sold for so much of their or
108 his purchase money as shall thereby be expressed to be received and that such purchases
109 shall not afterwards be answerable for the less or misapplication or be bound to me to the
110 application of the Money which in such receipts shall be acknowledged to be received And
111 I do hereby declare that my said Trustees shall pay and divide the monies arising and
112 received from the Sale of the said last mentioned Messuage or Tenement lands and Hereditaments
113 hereby directed to be sold and the rents and profits thereof in the mean time unitl the same
114 shall be sold after deducting the costs charges and expenses attending the execution of the trusts
115 hereby created unto and between my three Daughters Sarah Bennett Mary Evans and Ann
116 Davies equally share and share alive their respective Executors Administrators and assigns
117 And my Will is that the aforesaid Hereditaments and premises and the Rents and
118 profits thereof until they shall be so sole shall be considered as personal Estate so that the same
119 shall be transmissible to the personal Representatives of my said Daughters respectively in
120 preferred of their Heir and Heirs at Law, I give and bequeath unto my x – Daughters Sarah
121 Bennett the Chest in my Bed Room at Penrhiew one Turn-up Bedsteads with Bed, Bed
122 Clothes and other matters appertaining thereto, Four Oak Chairs and my best parlour Table
123 one old falling Table and my best connd Table, I give and bequeath to my Daughter Ann

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125 David Davies

126 Witnesses
127 Charles Thomas Woosnam
128 .. Morgan
129 Edward Hughes I..

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130 Davies my Clock and Case my Dresser and Shelves in the Kitchen with all the Caithennare
131 upon and usually belonging thereto, all my Chairs in the Kitchen, Kitchen Table and Screen
132 in the Kitchen my Bedsteads in the parlour and her own Bedsteads in which she sleeps with
133 the Bed, Bed Clothes and other matters appertaininig thereto respectively and my round stand
134 table. I give and bequeath to my son Charles Davies my hanging Clothes press, my Beauxeau
135 and my second best Bedsteads with the Bed, Bed Clothes and other metters appertaining thereto
136 All the rest and residue of my Household Goods and Furniture Brewing and dairy Utensils I
137 give and bequeath between and among my said three Daughters share and share alive And
138 I direct that in case they cannot agree upon a division thereof between themselves that my
139 said Trustees shall divide them equally between my said Daughters according to the fair value
140 of the same And as to all the singular my Horses Cattle Sheep Farming Stock, Implements
141 in Husbandry Money and securities for Money and all other my personal Estate and Effects not
142 hereby specifically bequeathed I hereby direct that the same shall be sold by my Executors
143 hereinafter named as soon as conveniently can be after my decease And I charge the same
144 and the proceeds or monies arising therefrom with the payment of all my just debts funeral and
145 testamentary expences and subject thereto I direct that they said proceeds and monies shall be
146 equally paid and divided by my said Executors to and between my said Son Charles Davies
147 and my youngest Daughter Ann Davies share and share alive And I do hereby nominate
148 and appoint the said Thomas Kinsey and Richard Powell joint Executors of this my
149 Will And I do hereby declare that my said Trustees and Executors shall and may deduct
150 and retain and allow to his Cotrustee and Executor all the costs charges and expences which
151 they may pay incur or be put unto in the execution of the trusts of this my will or in relation
152 thereto and that the one of my said Trustees and Executors shall not be answerable for the acts
153 or defaults of the other of them nor for any involuntary loses And I hereby revoke all former
154 Wills made by me and declare this to be my last In Witness whereof I have at the
155 bottom of the three first sheets of this my Will (the whole whereof is contained in four sheets of
156 paper) subscribed my name and to this fourth and last Sheet set my stand and Seal the
157 day and year first within written

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159 David Davies

160 Signed sealed and Published by the Testator David
161 Davies in the presence of us who were present at the same time
162 and who have in the presence of each other and of the Testator
163 and at his request signed our Names hereto as Witnesses

164 Charles Thomas Woosnam Solicitor Llanidloes
165 .. Morgan his Clerk
166 Edward Hughes I.. Manufacturer

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167 On the first day of November in the year of our Lord
168 1851 the within written Will was insinuated, proved a..
169 proved, and in common form of law decreed valid and
170 Administration granted to the within named Executor Richard
171 Powell, he being first sworn in common form of law, and
172 that the whole of the goods, chattels and credits, of the said
173 deceased do not amount in value to Three Hundred Pounds
174 Thomas Kinsey the other Executor being before dead.

175 Before me
176 JP Morgan, Surrogate

177 The deceased died the Twenty third of July 1851

A transcription of this digital image held at the National Library of Wales.
Reference: B11851/215/W
Transcribed by Alison Bryan, v.ix.mmxi

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