In the name of God Amen, I Thomas Gwynn of the Burrough or Town of Berkeley in the County of Gloucester, Gentleman, being of sound and disposing mind, memory and understanding (thanks be given to Almighty God for the same) do make and ordain this to be my last will and testament in manner and form following (that is to say). First I will and desire that all my just debts and funeral expences be paid and discharged by my exucutor hereinafter named. I give and devise to my son Richard Gwynn all that messuage or tenement wherein William Nicholas, yeoman, doth now dwell, together with the gardens, orchards, baitons, backsides, closes, pieces and parcels of ground, fishery, hereditaments and premisses thereto belonging and by me lately purchased therewith, all which are situate, lying and being within the parish of Littleton upon Severn in the County of Gloucester aforesaid and were lately bought and purchased by me and from Robert Bush the elder of the City of Bristol, brazier and coppersmith and Robert Bush the younger his son. And also all those my five closes of pasture ground called High cowhill, North Gaston, Norman Field, Marsh Leaze and Broadmead, containing together by admeasurement fourteen acres, three roods and thirty seven perches (be the same more or less) which said last mentioned closes of ground are situate, lying and being in the parish of Littleton upon Severn aforesaid and were by me lately purchased of and from Mr Thomas Pritchard and his children, and also all other my freehold lands, tenements and hereditaments situate in the parish of Littleton upon Severn aforesaid, to hold to him my said son Richard Gwynn and his assigns for and during the term of his natural life without impeachment of or for any manner of waste, except wilful waste. And from and after his decease I give and devise the same and every part thereof to my grand son Thomas Gwynn (son of the aforesaid Richard Gwynn) and to his heirs and assigns forever. But in case he my said grandson Thomas Gwynn shall happen to die before he shall attain his age of twenty one years, then I give and devise the before mentioned messuage or tenement, closes, pieces and parcels of ground, fishery lands, hereitaments and premisses and every part thereof unto my said son Richard Gwynn and to his heirs and assigns forever. And I do hereby expressly charge all and singular the above devised messuage lands and premisses, in whose hands soever they may happen to be, with the payment of one annuity or yearly rent charge of twelve pounds to my son Nicholas Gwynn for and during the term of his natural life, clear of all taxes and deductions whatsoever, the said annuity to begin and commence at my decease and to be paid by quarterly payments, the first payment thereof to become due and to be made at the end of three months next after my decease. And it is my will and desire, that the said annuity shall be paid into the hands of the said Nicholas Gwynn and to no one else or his account, except in the case of sickness or imprisonment of him the said Nicholas Gwynn, in which case and so ofter as it shall so happen, I will and direct that the said annuity shall be remitted to him the said Nicholas Gwynn where soever he may happen to be within the Kingdom of Great Britain at the expence of the owner of the above devised messuage lands and premisses for the time being, such owner having first received a proper certificate from the Minister and Churchwardens of the parish where he the said Nicholas Gwynn shall reside, of his being then resident therein, and so from time to time, as often as the said annuity shall become payable. And in case of nonpayment of the said annuity or any part thereof on either of the said days, whereon the same ought to be paid as aforesaid (being lawfully demanded) and so often as any such default shall happen to be made, then and in every such case I do hereby give and grant unto the said Nicholas Gwynn full power and authority to enter into and upon all and singular the said premisses hereinbefore charged with the payment thereof, or into or upon any part thereof and to distrain for the same annuity or such part thereof as shall at the time of such distress be behind and in arrear and to appraise and sell the same and to proceed in all other respects as in cases of distress for rent reserved and in arrear. And in case no sufficient distress or distresses can or may be had or found on the said devised premisses to satisy and pay the said annuity or such part thereof as shall be in arrears, then and so often as it shall so happen, I do hereby give and grant to the said Nicholas Gwynn full power and authority into and upon all and singular the above devised messuage lands hereditaments and premisses or into or upon any part thereof in the name of the whole to enter and the same to hold, possess and enjoy and to receive and take to his own proper use and benefit all and singular the rents, issues and profits thereof until therewith or thereby or otherwise he shall be fully paid all arrears of the said annuity and all growing payments thereof, as shall incur during his possession of the premises, and all costs, charges and expences attending the same. Provided nevertheless and it is my will and I do hereby direct, that in case my said son Nicholas Gwynn shall by any contract or agreement either verbally or in writing, or by any other ways or means whatsoever, sell, assign or make over the annuity hereinbefore given him to any person or persons whom soever, then and in such case it is my will and I do hereby direct, that the said annuity hereinbefore given to the said Nicholas Gwynn shall from that monment cease and determine and be no longer payable, and shall sink into the messuage lands and premisses, uon which it is hereinbefore charged, for the benefit of the person or persons, who for the time being, shall be intitled to the same messuage lands and premisses. And such messuage lands and premisses shall be from henceforth discharged of and from the same annuity as fully and effectually to all intents and purposes as if he the said Nicholas Gwynn was actually dead, any thing in this my will contained to the contrary notwithstanding. And I do hereby expressly charge all and singular the above devised messuage lands and premisses, in whose hands soever they may happen to be, with the payment of one other annuity or yearly rent charge of four pounds and four shillings to my son Thomas Gwynn for and during the term of his natural life, clear of all taxes and deductions whatsoever, the said last mentioned annuity to begin and commence at my decease and to be paid by quarterly payments, the first payment to become due and to be made at the end of three months next after my decease. And it is my will and desire that the said last mentioned annuity shall be paid into the hands of my said son Thomas Gwynn and to no one else on his account, except in the case of sickness or imprisonment of him my said son Thomas Gwynn, in which case and so often as it shall so happen, I will and direct that the said annuity shall be remitted to him my said son Thomas Gwynn, where soever he may happen to be within the Kingdom of Great Britain, at the expence of the owner of the above devised messuage lands and premisses for the time being, such owner having first received a proper certificate from the Minister and Churchwardens of the parish, where he my said son Thomas Gwynn shall reside of his being then resident therein, and so from time to time as often as the said annuity shall become payable. And in case of non payment of the said last mentioned annuity or any part thereof on either of the said days whereon the same ought to be paid as aforesaid (being lawfully demanded) and so often as any such default shall happen to be made. Then and in every such case I do hereby give and grant unto him my said son Thomas Gwynn full power and authority to enter into and upon all and singular the said premisses hereinbefore charged with the payment thereof or into or upon any part thereof and to distrain for the same annuity or such part thereof as shall at the time of such distress be behind and in arrear and to appraise and sell the same and to proceed in all other respects as in cases of distress for rent reserved and in arrear. And in case no sufficient distress or distresses can or may be had or found on the said demised premisses to satisfy and pay the said annuity or such part thereof as shall be in arrear. Then and so often as it shall so happen I do happen give and grant to him my said son Thomas Gwynn full power and authority into and upon all and singular the above devised messuage lands hereitaments and premisses or into or upon any part thereof in the name of the whole to enter and the same to hold, possess and enjoy and to receive and take to his own proper use and benefit all and singular the rents, issues and profits thereof until therewith or thereby or otherwise he shall be fully paid all arrears of the said annuity and all growing payments thereof as shall incur during his possession of the premisses and all costs, charges and expences attending the same. Provided nevertheless and it is my will and I do hereby directthat in case my said son Thomas Gwynn shall by any contract or agreement either verbally or in writing or by any other ways or means whatsoever sell, assign or make over the annuity hereinbefore given him to any person or persons whom soever. Then and in such case it is my will and I do hereby direct that the said annuity hereinbefore given to my said son Thomas Gwynn shall from that moment cease and determine and be no longer payable and shall sink into the messuage lands and premisses upon which it is hereinbefore charged for the benefit of the person or persons who for the time being shall be intitled to the same messuage lands and premisses and such messuages lands and premisses shall be from thenceforth discharged of and from the same annuity as fully and effectually to all intents and purposes as if he my said son Thomas Gwynn was actually dead anything in this my will contained to the contrary notwithstanding. And whereas in and by a certain indenture bearing date on or about the fifth day of July which was in the year of our Lord one thousand seven hundred and ninety six, and made between me of the one part and my said son Thomas Gwynn of the other part, in consideration of one hundred and eighty pounds to me then paid by my said son Thomas Gwynn, I did agree to grant or pay to him my said son Thomas Gwynn one annuity or clear yearly sum of twenty pounds and sixteen shillings free from taxes and all other deductions during his life upon the days and times and subject to the terms, provisoes and agreements in such indenture particularly expresses. Now for the better securing the regular payment of the said last mentioned annuity, I do hereby charge all and singular the before devised messuage lands and premisses in whose hands soever they may happen to be, with the payment thereof to him my said son Thomas Gwynn on the days and times and subject to the terms and conditions in the said recited indenture expressed. And in case the said last mentioned annuity or any part thereof shall happen to be behind or unpaid on any or either of the days whereon the same ought to be paid being lawfully demanded). Then and so often as it shall so happen I do hereby give and grant unto him my said son Thomas Gwynn the same remedies and powers for recovering the payment thereof and all costs charges and expences attending the same, as are hereinbefore given him with respect to the annuity of four pounds and four shillings hereinbefore given him as fully and effectually as if the same powers and remedies were here again repeated or expressed. Item I give and bequeath unto my servant Elizabeth Phipps all that messuage or tenement wherein John Alpass, yeoman, doth now dwell situate, standing and being at a place called the Stock in the parish of Berkeley in the County of Gloucester aforesaid, and also the outhouses, courts, backsides, gardens and appurtenances to the same messuage belonging, all which I now hole by copy of Court Role under the Right Honorable The Earl of Berkeley. To hold to her the said Elizabeth Phipps and her assigns for and during the term of her natural life, provided she shall so long continue a widow and unmarried, and provided the estate and interest which I have therein shall so long continue, and from and after her decease or future marriage, which shall first happen, I give and bequeath the same messuage and premisses and every part thereof unto my said son Richard Gwynn his heirs, executors, administrators and assigns for and during all the estate and interest which I shall then have to come therein. Provided always and in case the above mentioned copyhold premisses shall fall into the hands of the said Earl of Berkeley, during the widowhood of the said Elizabeth Phipps, then and in such case (but not otherwise) I do hereby give and bequeath to the said Elizabeth Phipps one annuity or yearly sum of six pounds to commence and take place from the day in which such copyhold premisses shall fall into the said Earl of Berkeley and to be payable to her the said Elizabeth Phipps during her widowhood only, and I do in such case charge all my said freehold messuage, closes, lands and hereditiaments in the said parish of Littleton upon Severn in whose hands so ever the same may happen to be, with the payment thereof by equal quarterly payments, and in case the said annuity or any part thereof shall happen to be behind and unpaid on any or either of the days whereon the same ought to be paid (being lawfully demanded) , then and so often as it shall so happen I do hereby give to the said Elizabeth Phipps the same powers and remedies for enforcing the payment thereof and all costs, charges and expences attending the same as are herein before given to my two sons Nicholas Gwynn and Thomas Gwynn or either of them for enforcing the payment of the annuities or annuity hereinbefore respectively given to them as fully and effectually as if the same powers were here repeated and set forth. And from and after the decease or future marriage of the said Elizabeth Phipps (which shall first happen) I direct the said annuity so given to her to cease and determine and be no longer payable. Item I give to her the said Elizabeth Phipps the sum of twenty one pounds which I direct shall be paid to her by my executor hereinafter named at the end of three months next after my decease. All the rest and residue of my real and personal estate of what nature or kind soever or wheresoever I give, devise and bequeath the same and every part thereof unto my said son Richard Gwynn to hold to him my said son Richard Gwynn, his heirs, executors, administrators and assigns for ever as and for his and their own absolute property. And lastly I do hereby make, nominate and appoint him my said son Richard Gwynn to be the whole and sole executor of this my last will and testament hereby revoking and making void all former wills and testaments by me made. In witness whereof I the said Thomas Gwynn the testator have to this my last will and testament contained in this and the three preceeding sheets of paper, to which three preceeding sheets I have set my hand and to this fourth and last sheet my hand and seal this thirteenth day of September in the year of our Lord one thousand seven hundred and ninety seven. Thos Gwynn

Signed, sealed, published and declared by Thomas Gwynn the testator as and for his last will and testament in the presence of us, who at his request and in his presence and in the presence of each other have subscribed our names as witnesses hereunto. Ann Pearce; Jacob Watkins; Tho Pearce

18^th day of April 1801. The above named Richard Gwynn the son and sole executor when &c, was duly sworn before me Tho Rudge, Sur.

Sworn to less than £2000-09-26

This will was proved the 18 day of April 1801 before the Revd Thos Rudge, Sur, to the Worshipful Edw’d Cook, AM, Vicar Gen’l in spirituals of the Right Revd Father in God Richd by Divine permission Lord Bishop of the Diocese of Gloucester and of his Episcopal Consistory Official principal lawfully constituted by Richd Gwynn exon &c

Transcribed from a photocopy by Dave Woolven, 2 Aspen Way, Malpas Park, Newport, South Wales

NP20 6LB Tel 01633 858 359 26 September 2000