This is the last will and testament of me John Foord of The Lakes in the parish of Christchurch in the County of Monmouth, Gentleman. Whereas my late father Samuel Foord deceased in and by his last will and testament among other devises and bequests gave and bequeathed unto me my executors and administrators the sum of four hundred pounds upon the special trust and confidence to lay out and invest the same upon good and sufficient real or Government security at interest in his or their name or names and to pay and apply the interest or dividends thereof for and towards the maintenance education and support of his grand daughter my niece Elizabeth Foord the daughter of his late son Samuel Foord deceased until she should attain the age of twenty one years or should be married with my consent to be testified by some writing under my hand and from and immediately after her attainment of that age or marriage with such consent as aforesaid whichever should first happen then upon trust that I should pay to her the said Elizabeth Foord the said principal sum of four hundred pounds. And whereas my said late father did also in and by a codicil to his said will give and bequeath an annuity of twenty pounds to his then wife and now his widow Ann Foord to be paid to her during her natural life and of his said will and codicil did appoint me to be the sole executor. Now I hereby charge my personal estate with the payment of the said legacy and annuity respectively and do direct my executor hereinafter named in the first place to provide for and set apart out of my personal estate a sufficient sum of money for those purposes which I request him to see carried into effect. I give and bequeath all my household furniture linen plate and china and also all my farming stock implements of husbandry and effects unto my dear wife Frances Foord and her assigns during the term of her natural life in case she shall continue unmarried but not otherwise and from and after her decease or marriage whichever shall first happen I give and bequeath the same unto my two daughters Maria Foord and Elizabeth Foord their executors administrators and assigns to and for their own use and benefit to be equally divided between or amongst them share and share alike. I give and devise all that messuage farm lands and premises called The Lakes situate in the parish of Christchurch with the appurtenances unto my said wife Frances and her assigns during the term of her natural life without impeachment of waste in case she shall continue unmarried but not otherwise. I give and devise my freehold close of land called Thornhill situate in Caldicot Westfield in the County of Monmouth and also all that cottage and garden on Broad Street Common situate in Nash in the same County from and immediately after my decease and from and after the decease or marriage whichever shall first happen of my said dear wife. I give and devise all such part of the said estate called The Lakes as is freehold or of any other tenure than customary or copyhold and also all that one close of customary land held by copy of Court Roll of the Manor of Liswerry and Libeneth in the said County of Monmouth and lying between Black Road and Liswerry Pill unto my daughter Maria and her assigns for and during the term of her natural life without impeachment of waste and from and after her decease I give and devise the same unto the first and other sons of the body of my said daughter severally and in succession and to the heirs of their respective bodies lawfully issuing for ever and in case there shall be no son or sons of my said daughter Maria or if there being such he or they shall die without such issue as aforesaid then to the use of all and every the daughter and daughters of my said daughter Maria as tenants in common and not as joint tenants and to the respective heirs of their bodies and for default of such issue to the use of my daughter Elizabeth and her assigns for and during the term of her natural life with the like limitations to her sons and daughters as to those hereinbefore contained with regard to the children of my daughter Maria and for default of such issue then to my own right heirs for ever and as to all the residue of my said estate called The Lakes I give and devise the same (from and after the decease or marriage of my said dear wife whichever shall first happen) to my said daughter Elizabeth and her assigns for and during the term of her natural life without impeachment of waste and from and after her decease then to the first and other sons of the body of my said daughter Elizabeth severally and in succession and to the heirs of their bodies lawfully issuing and for default of such issue to the use of all and every the daughter and daughters of my said daughter Elizabeth and the heirs of their bodies as tenants in common and not as joint tenants and in default of such issue to the use of my said daughter Maria and to her sons and daughters in the same manner and with the same limitations as I have hereinbefore devised to her and them the close of land cottage and garden and the other part of my said estate called The Lakes above mentioned and in default of such issue to my own right heirs for ever and whereas in as much as I consider the customary or copyhold hereditaments and premises which I have devised to my said daughter Elizabeth to be of greater value than the hereditaments and premises which I have devised to my said daughter Maria Now in order to equalise their respective fortunes as far as I can I do hereby give and bequeath to my said daughter Maria the sum of four hundred pounds to be paid to her after the decease of my fathers widow the said Ann Foord on her attaining her majority or marrying with such consent as is hereinafter mentioned. and as to the rest and residue of my personal estate and effects whatsoever and wheresoever not hereinbefore by me specifically disposed of I give and bequeath the same and every part thereof to Francis McDonnell of Usk Gentleman and my said dear wife Frances and the survivor of them his or her executors or administrators in trust to lay out and invest the same upon Government or Real security at interest for the benefit of my said daughters Maria and Elizabeth to be equally divided between them share and share alike the shares of each of my daughters to be considered as an interest vested in them at the age of twenty one years or day or days of marriage such marriage nevertheless to be with the consent of my said wife Frances to be signified by some writing under her hand whichever shall first happen and to be payable and paid assigned or transferred to them respectively as and when they shall respectively attain that age or be married with such consent as aforesaid the interest dividends or annual proceeds of each of such childrens shares or a competent part thereof to be in the meantime until the same shall become payable or transferable as aforesaid applied for and towards their respective maintenance education or benefit and in case either of my said daughters Maria or Elizabeth shall happen to die under the age of twenty one years and unmarried then I do hereby declare and direct that the share of her so dying shall go and belong to and be in trust for the survivor and vested payable paid assigned or transferred as and when the original share of my surviving daughter shall be vested payable and transferable by virtue of this my will and I likewise direct the said Francis McDonnell and his assigns to receive the rents and profits of my said real estate either in part or entirely until under the devises hereinbefore contained my said daughters or either of them or any of their children shall or may become entitled to the same or any part thereof during their respective minorities and I direct the said Francis McDonnell generally to manage the same for her or their benefit until she or they respectively shall attain their full age of twenty one years. And I further declare that it shall and may be lawful to and for my said trustees and executor hereinafter named and the survivor of them his or her heirs executors and administrators from and out of all or any part of my estate and effects to retain to and reimburse himself herself or themselves respectively all costs charges and expences whatsoever which they or either of them shall or may sustain expend or be put unto and also a reasonable charge for any trouble or loss of time he or they may sustain or employ in or about the proving and executing the trusts of this my will and carrying the same into effect and that neither of them shall be liable or accountable for any more money than shall come to his her or their hand or hands nor for any loss by the failure of any Banker or other person or persons in whose hands all or any part of the said monies and effects shall remain and be disposed of or be deposited for safe custody or otherwise unless the same shall arise by or from his her or their own wilful neglect or default I give devise and bequeath unto the said Francis McDonnell and my said dear wife Frances Foord their heirs and assigns all estates vested in me in trust or by way of mortgage upon the trusts and subject to the equity of redemption which shall or may be subsisting in the same at the time of my decease and I do hereby nominate and appoint the said Francis McDonnell and my said dear wife Frances Foord guardians of my children the said Maria and Elizabeth Foord. And I also nominate and appoint the said Francis McDonnell sole executor of this my last will and testament and hereby revoking all former and other wills by me at any time or times heretofore made I do declare this only to be my last will and testament. In witness whereof I the said testator John Foord have to this my last will and testament set and subscribed my hand and seal in manner following that is to say my hand to the first four sheets thereof and my hand and seal to this fifth and last sheet hereof this twenty seventh day of September one thousand eight hundred and thirty two. John Foord
Signed sealed published and declared by the said testator John Foord as and for his last will and testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses Danl Esbury Partridge; Henry Edward Hawkins; Henry Rowland, Clerks to Messrs McDonnell & Mostyn, Solicitors, Usk.
This is a codicil to the last will and testament of me John Foord of the Lakes in the parish of Christchurch in the County of Monmouth Gentleman. Whereas in and by my last will and testament bearing date on or about the twenty seventh day of September one thousand eight hundred and thirty two I did among other things give and bequeath the sum of four hundred pounds to my daughter Maria Foord now I hereby revoke such bequest and in lieu thereof I give and bequeath to her the sum of two hundred pounds payable in the same manner on the same terms and conditions as in my said will are mentioned with respect to the legacy originally bequeathed to her of four hundred pounds. As witness my hand this eleventh day of July one thousand eight hundred and thirty three.. John Foord
Signed sealed published and declared by the said testator John Foord as a codicil to his last will and testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses Rees Davies Pontrance; Henry Rowland, Usk
24th day of October 1836. Frances Foord, widow, the relict of the deceased and one of the residuary legatees in trust in this will and codicil named was sworn well and faithfully &c &c and the goods chattels & credits of the said deceased are under the value of three hundred pounds. Francis McDonnell Esqr the sole executor named in this will &c &c
Transcribed from a photocopy by Dave Woolven, 2 Aspen Way, Malpas Park, Newport, South Wales. NP20 6LB Tel 01633 858 359 26/27 April 2001