Will: Zacharias DAVIES, Cuffie, 1839

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1 Trefeglwys
2 Zacharias Davies
3 Will under £200
4 Probate granted 7th September 1834

5 12 extra folios

6 Evan Pughe
7 Surrogate

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8 Instructions for the Will of Zacharias Davies
9 of Cuffie in the Parish of Trefeglwys in the
10 County of Montgomery

11 I will and direct all my just debts funeral and
12 testamentary expenses to be paid by my Executors and
13 Trustees herein after named and charge my said debts
14 on all my real and personal Estate. I give devise and
15 bequeath to my dear Wife Elizabeth All that messuage
16 or dwelling house with appurtenance situate near
17 to Cuffie being the nearest of two Messuages, lately
18 built by me, to the [crossed out: Village of Trefeglwys] Message called Cuffie … Graig To holld to her
19 for her life if she shall remain my Widow I also
20 give and devise to her one annuity of Eight pounds
21 per annum payable half yearly to her arising out
22 of all and singular my real Estates (except the
23 messuage give her before for life) to be paid to
24 her for life or so long as she shall remain my
25 Widow in full satisfaction of all dower or thirds
26 I give and devise and bequeath to each of my
27 children Richard, Edward, Phoebe, Elizabeth
28 John, and Mary the Sum of One hundred
29 pounds apiece to be paid to them respectively
30 as they attain twenty one with Interest in teh
31 mean time from my decease at 4 1/2 per cent
32 per annum such interest to be paid to and
33 applied by my said Wife towards their
34 maintenance respectively so long as the
35 same children shall remain with her
36 and she shall continue my Widow
37 and in case of her second marriage
38 the same to be applied by my executors
39 and Trustees hereinafter named for the

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40 maintenance of such children. And I empower my
41 said Trustees to raise and advance one from …
42 Last of the legacy hereby give to any one of my
43 Sons respectively towards placing him out in life or towards
44 apprenticeing him to take in the descretion of
45 my Trustees. And subject to the payment of
46 my just debts funeral and testamentary Expenses
47 and the mortgages affecting my real property
48 and also subject to the said annuity and the
49 payment of the foregoing Legacies and Interest I
50 give and devise all my singular my Messuages
51 Lands and other real Estates including the
52 said Messuage or Dwelling house divided to my
53 Wife for life in the event of her death
54 a second marriage unto my Brother John
55 Davies and my father in law Edward
56 Edwards their heirs and assigns Upon Trust
57 after payment of the before mentioned Sums
58 to receive the rents and profits and to
59 apply a sufficient sum for the maintenance
60 and Education of my Son Zacharias Davies
61 until he shall attain twenty five years of
62 age and to accumulate resideu for his benefit
63 I give to my Wife such portions of my household
64 furniture as she shall choose not exceeding the

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65 value of Twenty ounds such value to be ascertained
66 if any dispute occur as to the same between my
67 Trustees and my Wife by two indifferent persons
68 one to be chosen by each … all the rest
69 residue of my personal Estate and Effects
70 …ing any …is to which I may be entitled under the Will of my Brother Maurice
71 Hundred Goods and furniture farming stock
72 and Implements in husbandry I give and
73 bequeath to my said Trustees upon Trust to
74 sell and convert the same into money
75 and to apply the same for the benefit of
76 my said son Zacharias until he shall
77 attain twenty five in like manner as is
78 before diverted as to my said real Estate
79 and from and after my son Zacharias shall attain his
80 said age of 25 years I give devise and bequeath
81 my said real and personal Estates to my said
82 son his heirs and assigns for ever – I give and
83 bequeath all my books unto my children
84 to be divded equally between them as n..
85 as may he in the discretion of my Trustees.
86 I give the Guardianship of each of my Children
87 to my Wife during her Widow .. and in
88 case of the second marriage to my said
89 Trustees and the survivor of them – I appoint
90 the said John Davies and Edward Edwards the
91 Executor of my Will Dated 24th November 1838

92 Zacharias Davies

93 Witnessed in the presence of the Testator
94 at his request, both witnesses being present
95 at the same time
96 Charles Thomas Woosnam Llanidloes
97 Owen Davies Shoemaker Cuffinbach
98 10 …

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99 On the third day of August in the year of our Lord, 1839.
100 the within written Will was insinuated, proved, approved, and
101 in common form of law decreed valid, and Administration granted
102 to the within named John Davies and Edward Edwards, Executors,
103 they being first sworn in common form of law, and that the
104 whole of the Goods, Chattels, and credits of the said deceased
105 do not amount in value to £200

106 Before me
107 E. Pughe, Surrogate

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108 A True and Perfect Inventory and Appraisement of the
109 Goods Chattels and Effects of the late Mr Zacharias
110 Davies of Cuffiai in the Parish of Trefeglwys in the County
111 of Montgomery and Dioces of Bangor Gentleman deceased
112 on or about the 2nd day of December 1838

113 Money in the House and Wearing Apparel ) 5 – 0 – 0
114 of the said deceased )
115 Three Horses and Gearing 13 – 0 – 0
116 Three Mountain Ponneys 5 – 0 – 0
117 Horned Cattle viz 6 Milk Cows 30 – 0 – 0
118 Yong Cattle 20 – 0 – 0
119 Seventy Sheep 24 – 10 – 0
120 Swine and Poultry 5 – 3 – 0
121 Corn and Hay in Barnes 35 – 10 – 0
122 Implements in Husbandry 23 – 5 – 0
123 Household Furniture and Dairy Utensils 20 – 15 – 0

___________
124 £178 – 3 – 0
==========

125 E.P. 198 – 3 – 0

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126 Zacharias Davies

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127 In the Consistory Court of the Bishop of Bangor
128 [crossed out – 99]

129 In the Goods of Zacharias Davies deceased

130 Charles Thomas Woosnam of Llanidloes in the
131 County of Montgomery Gentleman an Attorney of her Majesty’s
132 Court of Queen’s bench Maketh Oath and saith that he this
133 Deponent is the Drawer and Writer and a subscribing Witness to the
134 paper writing hereunto annexed bearing date the twenty fourth day of
135 November one thousand eight hundred and thirty eight and purporting
136 to be and contain instructions for the Will of Zacharias Davies of Cuffie in
137 the Parish of Trefeglwys in the County of Montgomery deceased And
138 this Deponent further saith that he was sent for by the said deceased to
139 this Deponent’s office in Llanidloes on the said twenty fourth day of
140 November with directions to go over to the residence of the said deceased
141 at Cuffie aforesaid for the purprose of preparing his will (the deceased
142 being then confined to his Bed) that this Deponent accordingly did
143 immediately go over to the residence of the said Zacharias Davies
144 decased and received instructions from the said deceased for his said
145 Will and reduced the same into writing being the said paper writing
146 hereunto annexed which this Deponent read over to the said deceased
147 and of which the said deceased who was then as this Deponent wrily
148 belives of sound mind memory and understanding fully approved
149 That this Deponent informed the said deceased that this Deponent
150 would draw out a formal Will and again come over to his House
151 and get the same executed, but that this Deponent must delay doing
152 so for a few days as he this Deponent was leaving the Neighbourhood
153 for Manchester and Shrewsbury upon special and important business
154 the following week. That the said Zacharias Davies deceased expressed
155 great anxiety that such formal Will pursnant to the said written
156 instructions should be prepared to allay such anxiety and to guard against
157 the deceased dying intestate in the even tof the death before such more
158 formal Will could be prepared, this Deponent deemed it advisable that
159 the said deceased did accordingly execute the same on the aforesaid
160 twenty fourth day of November last the day of the day of the date thereof in the
161 presence of this Deponent and of one Evan Davies who severally set
162 and subscribed their names in the presence of the Testator and of
163 each other as Witnesses thereto in manner as the same now appears
164 thereon And this Deponent further saith that on his return to
165 Llanidloes from the residence of the said deceased he this Deponent
166 called on and had an interview with Mr David Evans the medical
167 attendant of the said deceased and enquired of him the nature of the
168 complaint under which the deceased laboured and whether the said
169 David Evans entertained any apprehension of immediate danger
170 of the life of the deceased. And the said David Evans then informed
171 this Deponent that the deceased was suffering from a cold and
172 slight derangement of his bowels, but that he the said David Evans
173 did not apprehend that the decased was in any immediate danger.

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174 And this Deponent further said that in pursnance of
175 engagements which he had before made he did leave home for
176 Manchester and Shrewsbury on important professional business
177 on the morning of Monday the twenty sixth day of the said
178 month of November last, and this Deponent was detained from hom
179 during the whole succeeding week, and did not return until Sunday
180 the second day of December last, and that on the morning of the
181 Tuesday following upon making enquiries after the said Zacharias
182 Davies he this Deponent was informed that he had departed this
183 life on the day preceeding namely Monday the third day of December
184 last And he this Deponent having now with care and attention
185 viewed and promised the said paper Writing beginning “Instructions
186 for the Will of Zacharias Davies of Cuffie in the Parish of Trefeglwys in
187 the County of Montgomery and ending thus “Dated 24th November
188 1838 “and subscribed Zacharias Davies” and having particularly
189 noticed the word “devise” written or interlined between the sixth
190 and seventh lines of the first side of the same Will and the words
191 “Messuage called Cuffie occupied by me” written or interlined between
192 the tenth and eleventh lines of the said first side thereof and the word
193 “respectively” written or interlined between the third and fourth lines
194 of the second side of the same Will, and the words “including any
195 monies to which I may be entitled under the Will of my Brother
196 Maurice” written or interlined between the fifth and sixth lines of
197 the third side of the same Will and the word “Zacharias” written or
198 interlined between the thirteenth and fourteenth lines of the said
199 third side thereof this Deponent further maketh Oath and saith
200 that the said several interlineations were all respectively made in
201 the said Will by him this Deponent provisions to the execution thereof
202 by the said deceased –

203 Charles Thomas Woosnam

204 Sworn at Llanidloes in the
205 County of Montgomery this seventh
206 day of September one thousand
207 eight hundred and thirty nine
208 Before me
209 E. Pughe, Surrogate

A transcription of this digital image, held at the National Library of Wales.
References: B/1839/205/W, B/1839/205/I and B/1839/205/X
Transcribed by Alison Bryan, xxv.ix.mmxi

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