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1 This is the last Will and Testament
2 of John Ashton of Gyssylva Issa in the parish of Trefeglwys in the County of Montgomery
3 Gentleman, made the eleventh day of May in the year of our Lord one thousand eight hundred
4 and thirty two. I do hereby give and devise unto Edward Evans of Garth in the parish of
5 Llanidloes in the said County of Montgomery, farmer, and Nicholas Bennett of Glanyrafon in the
6 parish of Trefeglwys aforesaid, farmer, all those my two several messuages tenements and lands with
7 the appurtenances commonly called or known by the names of Gyssylva Ucha and Gyssylva
8 Issa situate in the said parish of Trefeglwys, and also all my two messuages or dwellinghouses
9 with the gardens and appurtenances thereto belonging, situate in the said parish of Trefeglwys
10 now in the occupation of Edward Mills, Richard Pugh, John Jones, Andrew Bumford and
11 Edmund – and all other if any the messuages, tenements, lands and other hereditaments of me the
12 said John Ashton situate lying and being in the parish of Trefeglwys aforesaid, To hold the
13 same unto the said Edward Evans and Nicholas Bennett, their Executors, Adminstrators and
14 assigns for and during and unto the full end and term of five hundred years to be computed
15 from the day of my decease and thenceforth next ensuing and fully to be complete and ended
16 with impeachment of waste but upon the trust and subject to the proviso which I have
17 hereinafter declared of and concerning the same and immediately from and after the expiration or
18 sooner determination of the same term and in the mean time subject thereto and to the trust
19 thereof I give and devise the same messuages tenements lands and hereditaments and every part
20 and parcel thereof with the appurtenances unto my son Valentine Ashton and his assigns
21 for and during the term of his natural life without impeachment of waste except timber for
22 necessary repairs, and from and immediately after his decease I give and devise the same
23 messuages, tenements, lands & hereditaments with the appurtenances unto my Grandson John
24 Ashton, the Eldest Son of my said son Valentine Ashton, and his assigns for and during the term
25 of his natural life with impeachment of waste (except timber for necessary repairs as aforesaid
26 and from and immediately after his decease I give and devise the same unto and to the use
27 of the heirs of the body of my said Grandson John Ashton lawfully to be begotten and for
28 want of such issue then I give and devise unto and to the use of my own
29 right heirs for ever it is my will and I do hereby declare that the messuages
30 tenements lands and hereditaments limited to the said Edward Evans and
31 Nicholas Bennett, their executors, administrators and assigns, for that said term of five hundred
32 years are so limited to them upon trust that is to say that they or the Survivor of
33 them his Executors Administrators or assigns do and shall as soon as conveniently may be
34 after my decease by mortgage for a term of years of all or any part of the before
35 mentioned messuages tenements lands and hereditaments levy and raise the sum of eight
36 hundred pounds of lawful British money and also further and other sum or sums
37 of money as may be necessary to reimburse my said Trustees and the Survivor of them
38 his Executors administrators and assigns, all such costs, charges and expenses as they or he
39 may be put into in or about the raising and procuring of the said sum of eight hundred
40 pounds [inserted text in left margin, 23 words:] and upon trust that they do and shall stand and be possessed of and interested in the said sum of eight hundred pounds and the Interest thereof upon the several trusts hereinafter mentioned and declared
41 continuing the same and I do hereby direct that it shall be lawful for the said Edward
42 Evans and Nicolas Bennett or the Survivor of them, his executors, administrators and assigns
43 to sign and give acquittances and discharges to any mortgagee or other person or persons
44 for his or their mortgage money and that such mortgagee or other person shall
45 not afterwards be answerable or accountable for any loss misapplication or nonapplication or be
46 Bound to see to the application of the money for which such receipts shall be given where
47 there is now due to me from several persons various sums of money which together with
48 any such ready money amounts to nearly five hundred pounds I so hereby give and bequeath unto
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49 the said Edward Evans and Nicolas Bennett and the survivor of them his Executors and
50 administrators the sum of two hundred and thirty four pounds of lawful British money
51 to be paid to them as soon as conveniently may be after my decease and which said
52 sum of two hundred and thirty four pounds and every part thereof I will and direct shall
53 be held by them upon the several trusts hereinafter mentioned and declared concerning the
54 same Now it is my will and I do hereby declare that the said Edward Evans and Nicholas
55 Bennett and the Survivor of them, his Executors and administrators do and shall stand and be
56 possessed of and interested in the before mentioned sum of eight hundred pounds and the said
57 sum of two hundred and thirty four pounds [interlined, 11 words:] making together the sum of one thousand and thirty four pounds and all interest that may become due for the
58 same upon the several trusts following that is to say In trust to pay unto my
59 two daughters Elizabeth the wife of Evan Chapman and Mary the wife of Edward Bennett
60 the sum of one pound each (being part of the said sum of one thousand and thirty four
61 pounds) and as to the sum of two hundred pounds (further part of the said sum of one
62 thousand and thirty four pounds) and the Interest of the said sum of two hundred pounds
63 In trust for my son Edward Ashton his executors, administrators and assigns and as to the
64 sum of two hundred and fifty pounds (further part of the said sum of our thousand and
65 thirty four pounds) and the Interest of the said sum of two hundred and fifty
66 pounds In trust for my son John Ashton his Executors, administrators and assigns and
67 as to the sum of seventy pounds (further part of the said sum of our thousand and thirty
68 four pounds) and the Interest of the said sum of seventy pounds In trust for my Son
69 Richard Ashton his Executors administrators and assigns and as to the sum of two hundred and
70 twenty pounds (further part of the said sum of one thousand and thirty four pounds) and the
71 Interest of the said sum of two hundred and twenty pounds In trust for my son George
72 Ashton his Executors, administrators and assigns and as to the sum of two hundred and
73 forty pounds (further part of the said sum of one thousand and thirty four pounds) and
74 the Interest of the said sum of two hundred and forty pounds In trust for my Son
75 Evan Ashton his Executors, administrators and assigns and as to the sum of one pound
76 (further part of the said sum of the one thousand and thirty four pounds) In trust for my
77 son Thomas Ashton his Executors administrators and assigns and as to the sum of one pound
78 (further part of the said sum of one thousand and thirty four pounds) In trust for my
79 daughter Ann the wife of Edward Edwards her Executors, administrators and assigns and as
80 to the sum of twenty pounds (further part of the said sum of our one thousand and thirty
81 four pounds) and the Interest of the said sum of twenty pounds In trust for my Grand
82 daughter Mary the wife of Edward Lloyd her Executors administrators and assigns for her
83 and their own absolute benefit and free from the debts and control of her present or
84 any future husband and as to the sum of thirty pounds (residue of the said sum of one
85 thousand and thirty four pounds) and the Interest of the said sum of thirty pounds In
86 trust for Andrew Ashton (an illegitimate child of my said son Edward Ashton) his executors administrators
87 and assigns and the interest of the said sum of thirty pounds becoming due during the minority
88 of the said Andrew Ashton I direct shall be applied by my said trustees towards his maintenance
89 and Education but in case of the death of him the said Andrew Ashton before he shall attain
90 the age of twenty one years then I direct that the same sum of thirty pounds shall sink
91 into and form part of my residuary personal estate provided always and I do direct and
92 declare that from and immediately after the trusts hereinbefore declared of and continuing the
93 said term of five hundred years shall in all respects be fully performed or otherwise satisfied
94 or discharged and the said Edward Evans and Nicholas Bennett and the Survivor of them or
95 his Executors administrators and assigns respectively shall be fully satisfied and reimbursed
96 all costs charges and expenses to be occasioned by or relating to the trusts hereby in them
97 reposed the said term shall as to such of the messuages tenements and other premises
98 comprised therein as shall not have been mortgaged for the purposes aforesaid absolutely
99 choose?? and determine and as to such of the said premises as shall have been so mortga-
100 ged [insert from right margin, 18 words:] shall subject to such mortgage wait upon and attend the revision and inheritance of the premises so mortgaged I give and bequeath my hack mare and all my wearing apparel and also my
101 Burtan unto my said son John Ashton and I do hereby direct and declare it to be my
102 will that my two Sons John Ashton and Evan Ashton shall have and be entitled for
103 their own use to the occupation and rents profits and produce of all my messuages or
104 tenements lands and hereditaments hereinbefore devised from the day of my decease until the
105 twenty fifth day of March [i.e. Lady Day when rents fell due] next after that event without being liable to the payment of
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106 any rent or satisfaction for the same and that they shall also have the use of all
107 my stock of horses cattle sheep and other my live stock (except pigs) and the profits arising
108 therefrom and the use all of my wagons, carts and other implements of husbandry and also
109 of my household goods and furniture Bedding plate linen china brewing and dairy utensils
110 and implements of household for their own exclusive benefit until the said twenty fifth
111 day of March next after my decease at which time or sooner of my said Sons John
112 Ashton and Evan Ashton shall think proper I do hereby order and direct that all my
113 said live and dead farming stock and household furniture bedding plate linen china
114 brewing and dairy utensils with all my stock of corn grain and hay except such Corn
115 Grain and hay as shall be growing at my decease and all my pigs which I give and
116 bequeath to my Executors hereinafter named shall be hold by one or more public auction
117 or auctions for the best price that can be gotten for the same and I direct that my
118 said sons John Ashton and Evan Ashton shall stand possessed of the money arising from
119 the said sale or sales In trust as soon as conveniently may be after such sale or sales
120 and after payment of my past debts and funeral and testamentary expenses to pay and
121 equally divide the same unto and amongst themselves and my Seven other younger children
122 namely Elizabeth the wife of Evan Chapman, Edward Ashton, Mary the wife of Edward
123 Bennett, Richard Ashton, George Ashton, Thomas Ashton and Ann the wife of Edward Edwards
124 share and share alike and as to all the rest and residue of my personal
125 Estate and Effects of what nature or kind soever not hereinbefore by me given and
126 disposed of I give and bequeath the same unto my said two sons John Ashton and
127 Evan Ashton and my said seven younger children hereinbefore named to be equally
128 divided between them share and share alike to and for their own use and I hereby
129 nominate and appoint my said two sons John Ashton and Evan Ashton Executors
130 of this my last will and revoke all other wills by me heretofore made In witness
131 whereof I the said Testator John Ashton have to the preceding four sheets of this my
132 last will and Testament set my hand and to this fifth and last sheet my hand and
133 seal the day and year first above written. John Ashton – JA – Signed sealed
134 published and declared by the said Testator as and for his last Will and Testament in the
135 presence of us who at his request in his presence and in the presence of each other
136 have subscribed our names as witnesses thereto. T Edmund Marsh James Morris
137 John Owen
138 Proved at London 11 Oct 1834 before the Judge by the oath of John Ashton
139 and Evan Ashton the sons the Executors to whom admon [administration] was granted having been
140 first sworn by Canon duly to administer
Transcribed by Ruth Hayward, mmv with minor revisions by Alison Bryan, xi.x.mmxi
A transcription of this digital image held at the National Archives.
Date: 11 October 1834
Catalogue reference: PROB 11/1836
Dept: Records of the Prerogative Court of Canterbury
Series: Prerogative Court of Canterbury and related Probate Jurisdictions: Will Registers
Piece: Name of Register: Teignmouth Quire Numbers: 501 – 550