I James Goodall of the parish
of Mitcheltroy in the County of Monmouth Gentleman do hereby revoke all Wills
Codicils and other testamentary dispositions by me at any time or times
heretofore and do declare this to be my last Will and Testament. I give and bequeath all my leasehold estates
lands and tenements and all my personal estate and effects monies and
securities for money debts and other personal estate and effects whatsoever of
or to which I shall be possessed or entitled at the time of my decease except
what I otherwise dispose of by this my Will or any Codicil thereto unto James
Richards of the parish of Mitcheltroy in the County of Monmouth aforesaid
Esquire and Thomas Addams Williams of the Town of Monmouth in the said
County of Monmouth Gentleman their executors administrators and assigns upon
trust that they the said James Richards and Thomas Addams
Williams and the survivor of them and the exors administrators and assigns
of such survivor do and shall with all convenient speed after my decease sell
dispose of call in and convert into money my said personal estate or so much
thereof as shall not consist of ready money and do and shall stand and be
possessed of and in
? in all the monies to
? by the
? hereinbefore mentioned
and of and in the ready money of which I may be
? at the time of my decease
upon trust that they my said trustees and the survivor of them and the
executors administrators and assigns or such survivor do and shall in the first
place by and out of the same pay satisfy and discharge all my just debts and funeral and testamentary
expences and the legacies given and bequeathed by this my Will or any Codicil
or Codicils thereto and subject thereto do and
?
? and out of the same
appropriate and set apart
? several
?
?
?
sums of six hundred, eighty pounds, four hundred pounds and three?
hundred pounds and lay out and invest the same respectively in the names
?
?
of them my said trustees or the survivor of them or the executors
administrators or assigns of such survivor in the purchase of a competent share
or competent shares of any of the parliamentary stocks or public funds of Great
Britain or at Government or
? securities
? England
? from time to time
?
?
? and
?
? into or for other
stocks funds or securities of the like nature at their or his discretion and do
and shall stand and be possessed of and interested in the said respective sums
of six hundred pounds, eighty pounds, four hundred pounds and three hundred
pounds and the stocks funds and securities in or upon which the same
respectively shall be laid on or invested and the interest dividends &
annual produce thereof respectively upon and for the trusts? intents &
purposes following that is to say as to the said sum of six hundred pounds and
the
? funds and securities in or upon which the same shall be laid out and
invested upon trust to pay the interest dividends and annual produce thereof to
my daughter Mary Shayle the wife of Henry Shayle during her life
or to such person or persons only and for such intents and purposes only as the
said Mary Shayle notwithstanding
her present or any future
? and if she
? sole and unmarried shall from
time to time by any writing or writings signed by her with her own hand
? for her own sole and separate use and
benefit independently and
? of the said Henry Shayle her present
husband or of any future husband with whom she may intermarry nor is the same
to be any wise subject to the debts control interference or engagements her
present or any future husband and the receipt and discharges of the said Mary
Shayle or her appointees notwithstanding her coverture to be effectual
discharges for the same and after the decease of the said Mary Shayle
then the said sum of six hundred pounds and the stocks funds and securities in or
upon which the same shall be laid out or invested and the interest dividends
and annual produce thereof to be in trust for all and every the children and
child lawfully to be begotten of my said daughter Mary Shayle to be
interests vested in them respectively on their respectively attaining the age
of twenty one years and to be paid to them respectively within twelve months
after my decease in case they shall then respectively have attained that age
but in case they respectively shall be under the age of twenty one years then
immediately after they shall respectively attain that age provided always and I
declare my will to be that if there shall be more than one child of my said
daughter Mary Shayle and any one or more of them shall die under the age
of twenty one years then as well the original share or shares as the share or
shares surviving or attaining such last mentioned child or children to the use
of all and every the child or children of the said Mary Shayle to be
divided between or among them if more than one in equal shares and proportions
and if all the children of the said Mary Shayle except one shall die
under the age of twenty one years then the said sum of six hundred pounds and
the stocks funds and securities in or upon which the same shall be laid out
& invested and the interest dividends and annual produce thereof to be in
trust for that one remaining child his or her executors administrators or
assigns for his her or their own proper use and benefit and in case there shall
be no such child then in trust for my said daughter Mary Shayle her
executors administrators and assigns for her and their proper use and benefit
provided always and I do hereby further declare that during the respective
minorities or minority of the children or child of my said daughter Mary
Shayle my said trustees or trustee for the time being shall apply the
interest dividends and annual produce of the said sum of six hundred hounds and
the stocks funds or securities in or upon which the same shall be laid out and
invested for or towards the maintenance or education of the said children or
child of my said daughter Mary Shayle respectively. And as to the said sum of eighty pounds and
the stocks funds and securities in or upon which the same shall be laid out and
invested and the interest dividends and annual produce thereof in trust for William
Price, Ann Price, John Price and Mary Price the
four eldest children of John Price of the parish of Rockfield in the
said County mason in equal shares and to be interests vested in them
respectively on their respectively attaining the age of twenty one years and to
be payable to them respectively within twelve months after my decease in case
they shall then respectively have attained that age but in case they shall then
respectively be under the age of twenty one years then immediately after they
shall respectively attain that age provided always and I do hereby declare my
will to be that if the said William Price, Ann Price, John
Price and Mary Price or any of them shall be under the age of twenty
one years then and in such case as well the original share intended to be
hereby provided as the share or shares if any by virtue of this present clause
surviving or accruing to him or her so dying under the age of twenty one years
shall from time to time survive or accrue to the others or other of them the
said William Price, Ann Price, John Price and Mary
Price in equal shares and to be vested interests in him her or them
respectively at the same time and in the same manner as far as circumstances
will permit as hereinbefore id declared of or concerning their original
shares. And as to the said sum of four
hundred pounds and the stocks funds and securities in or upon which the same
shall be laid out or invested upon trust to pay the interest dividends and
annual produce thereof to or permit the same to be received by my son James
Goodall and his assigns during his life and after his decease to pay the
interest dividends and annual produce thereof to or permit the same to be
received by his wife Jane Goodall & her assigns during her
life and after her decease then the said sum of four hundred pounds and the
stocks funds and securities in or upon which the same shall be laid out and
invested and the interest dividends and annual produce thereof to be in trust
for my said son James Goodall his executors administrators and assigns
for his and their proper use and benefit.
And as to the said sum of three hundred pounds and the stocks funds and
securities in or upon which the same shall be laid out and invested and the
interest dividends and annual produce thereof in trust for my three grand
children Philip Goodall, Mary Goodall and Sarah Goodall
the son and daughters of my son Philip Goodall to be interests vested in
them respectively on their respectively attaining the age of twenty one years
and to be payable within twelve months after my decease in case they shall then
respectively have attained that age but in case they shall then respectively be
under the age of twenty one years then immediately after they shall
respectively attain that age provided always and I hereby declare my will to be
that if either of my said grand children Philip Goodall, Mary Goodall
and Sarah Goodall shall die under the age of twenty one years then the
share hereby provided for him or her so dying shall survive to the others or
other of them and shall vest in him her or them at the same time and in the
same manner as far as circumstances will permit as is hereinafter declared
hereinafter of and concerning their his or her original share provided always
and I do hereby further declare that during the respective minorities of my
said grand children Philip Goodall, Mary Goodall and Sarah
Goodall my said trustees or trustee for the time being shall apply the
interest dividends & annual produce of the said stocks funds and securities
in or upon which the same shall be laid out and invested for and towards the
maintenance and education of my said grand children Philip Goodall, Mary
Goodall and Sarah Goodall respectively. I give and devise unto the said James Richards and Thomas
Addams Williams their heirs and assigns all and every my messuages lands
tenements and hereditaments of which I or any person or persons in trust for me
and is or are seized for an estate of freehold and inheritance or of freehold
only in possession conversion remainder or expectancy. And also all my copyhold messuages lands
tenements and hereditaments and all other the real estates whatsoever and
wheresoever which I have power to devise or dispose of or appoint by this my
will except any estates that are vested in me in trust or by way of mortgage
with their rights
? and appurtenances to have and to hold the said messuages
lands tenements and
? and all and singular other premises hereinbefore by me given
and devised with their rights members and appurtenances unto the said James
Richards and Thomas Addams Williams their heirs and assigns to the uses upon
and for the trusts intents and purposes and
? Under and subject to the powers
provisos and declarations herein after
?
? and declared of and containing the
same respectively that is to say as to all that freehold messuage and eleven
acres of land situate in the parish of Rockfield in the County of Monmouth now
in the occupation of and let to the said John Price at the yearly rent
of fifteen pounds and fifteen shillings to the use of the said John Price and
his assigns during his life yielding and paying unto my said son James
Goodall his heirs and assigns during the life of the said John Price
the yearly rent of fifteen pounds and fifteen shillings clear of all deductions
and abatements whatsoever with the usual powers and remedies by distress and
every and perception of the rents and profits of the said premises for enabling
my said son James Goodall his heirs and assigns to recover and
compel payment of the said yearly rent or annual sum of fifteen pounds and
fifteen shillings when in arrear. And
after the decease of the said John Price to the use of my said son James
Goodall his heirs and assigns for ever.
And as to all those my two meadows called Ceevellin? meadow and the
Pleck containing together by estimation four acres and a half situate in the
parish of Mitcheltroy in the County of Monmouth and lately conveyed to me by
the Most Noble Henry Charles, Duke of Beaufort in exchange for other lands and
also the cider mill house & garden situate in Mitcheltroy aforesaid and now
in the occupation of my said son Philip Goodall. And as to all that messuage garden stables
coach house cider mill and about eight acres of arable meadows pasture and wood
land now in the occupation of Henry Shayle situate in the parish of
Mitcheltroy aforesaid in the said County of Monmouth to the use of my said son Philip
Goodall and his assigns for his life without impeachment for the waste and
after his decease to the use of his wife Sarah Goodall and her assigns
during her life without impeachment of waste and after the decease of the
survivor of them the said Philip Goodall and Sarah his wife to
the use of all and every the children and child of my said son Philip
Goodall who shall be living at the time of my decease or be born in due
time after to be equally divided between or amongst them if more than one in
equal shares as tenants in common and their heirs and assigns for ever and if
there shall be more than one than one child of my said son Philip Goodall
and any one or more of them shall die under the age of twenty one years then as
well the original share or shares as the share or shares surviving or accruing
to such last mentioned child or children to the use of all and every other the
child and children of the said Philip Goodall to be divided between or
among them if more than one in equal shares as tenants in common and their
heirs and assigns for ever. And if all the
children of the said Philip Goodall except one shall die under the age
of twenty one years then as to the entirety of the said premises to the use of
that one remaining child his or her heirs and assigns for ever and in the case
there shall be no such child to the use of my own right heirs for ever. And as to all that copyhold field called the
nursery? containing about an acre and a half now in the occupation of my said
son James Goodall and situate in the aforesaid parish of Mitcheltroy to
the use of my said son James Goodall his heirs and assigns forever. And as to all those three acres of freehold
land called or known by the name of Lawrences now let to William Ballingham
at the yearly rent of four pounds and four shillings and situate in the parish
of Cwmcarvan in the County of Monmouth aforesaid to the use of my grandson
James Goodall the eldest son of my said son Philip Goodall his
heirs and assigns for ever. And as to
all that copyhold messuage together with six acres of land thereunto adjoining
now in my occupation and situate in the aforesaid parish of Mitcheltroy. And also as to all those five houses situate
in the aforesaid parish of Mitcheltroy and now in the respective occupations of
Mary Jones, William Rumsey?, David Watkins, William
Watkins and Susan Andrews to the use of my wife Mary
Goodall and my eldest son William Goodall and the survivor of them
and his or her assigns during their joint lives and the life of the survivor of
them and after the decease of the survivor of them my said wife Mary Goodall
and my said eldest son William Goodall then as to one undivided moiety
of the same premises to the use of all and every the children and child of my
said son Philip Goodall who shall be living at the time of my decease or
born in due time after to be equally divided between them as tenants in common
and their heirs and assigns for ever.
And in case there shall be more than one such child of my said son Philip
Goodall and any one or more of them shall die under the age of twenty one
years then as well the original share or shares as the share or shares
surviving or accruing to such last mentioned child or children to the use of
all and every other the child and children of the said Philip Goodall do
be divided between them if mote than one in equal shares as tenants in common
and their heirs and assigns for ever.
And if all the children of the said Philip Goodall except one
shall die under the age of twenty one years then as to the entirety of the said
undivided moiety of the same premises to the use of that one child his or her
heirs and assigns for ever and in case there shall be no such child to the use
of my right heirs for ever. And as to
the remaining undivided moiety of the same premises to the use of all and every
the children and child of my son James Goodall who shall be living at
the time of my decease or born in due time after to be equally divided between
them as tenants in common their heirs and assigns for ever. And in case there shall be more than one
such child and any one pr more of them shall die under the age of twenty one
years then as well the original share of shares as the share of shares
surviving or accruing to such last mentioned child or children then to the use
of all and every the child and children of my said son James Goodall to
be divided between or among them if more than one in equal shares as tenants in
common and their heirs and assigns for ever and if all the children of the said
James Goodall except one shall die under the age of twenty one years then as to
the entirety of the said undivided moiety of the same premises to the use of
that one child his or her heirs & assigns for ever. And as to the residue and remainder of my
real estate whatsoever and wheresoever not hereinbefore specifically disposed
of I give and devise the same unto my said son Philip Goodall his heirs
and assigns for ever. I give and
bequeath unto my said wife Mary Goodall all her wearing apparel and
other articles of her dress and ornaments of her person. I give and bequeath unto my said wife Mary
Goodall and my said daughter Mary Shayle all my household goods and
furniture plate linen china pictures horses and carriages wines and other
liquors of which I shall die possessed to and for their own use and benefit and
to be equally divided between them share and share alike and for the purpose of
effecteuy? such equal division of my household furniture and effects I do
hereby direct that a particular inventory thereof shall be made by the said James
Richards and Thomas Addams Williams as soon as conveniently may be
after my decease and that such household goods and effects shall be thereupon
duly valued and appraised by a person to be named by them for that purpose and
that the moiety of such household goods and effects so given to my said
daughter Mary Shayle shall be for her own exclusive use and benefit and
without the controul of her husband who is not to intermeddle therewith nor is
the same to be liable to his debts or engagements. I give and bequeath all the residue and remainder of my personal
estate and effects whatsoever and wheresoever not herein before specifically
disposed of which shall remain after the payment of my debts funeral and
testamentary expences and the legacies hereinbefore bequeathed or which I may
give by any Codicils or Codicil hereto unto my said wife Mary Goodall
and my said son William Goodall their executors administrators and
assigns in equal shares and proportions for their proper use and benefit
provided always and I declare my will and mind to be that the provision
hereinbefore made for my said wife shall be accepted and taken by her in lieu
bar and satisfaction of and for all dower or thirds or freebench? at common law
or by custom or otherwise to which she might be entitled out of any lands or by
heredits? of which I have been or am or may be seized for an estate of
inheritance or for any estate to which d
? or freebench is incident I give
devise and bequeath unto the said James Richards and Thomas Addams
Williams their heirs executors administrators and assigns respectively all
the estates which at the time of my decease shall be vested in me upon any
trusts or by way of mortgage of which I have power to dispose by this my Will
with their rights members and appurtenances to have and to hold the same premises
unto the said James Richards and Thomas Addams Williams their
heirs executors administrators assigns respectively according to the nature and
quality thereof resply? upon the trusts and subject to the equity of redemption
which at the time of my decease shall be subsisting or capable of taking effect
therein respectively but the money secured upon such mortgage be considered and
taken as part of my personal estate.
And I do hereby nominate and appoint the said James Richards and Thomas
Addams Williams executors of this my last Will and Testament. And I do hereby authorize and empower my
said executors to pay any debts owing by me or claimed from me upon any
evidence they shall think proper and to accept any securities real or personal
for any debt or debts owing to me and to allow such time for the payment
thereof as to him or them shall appear reasonable provided always and I do
hereby declare my will and mind to be that the receipt or receipts in
? of the
said James Richards and Thomas Addams Williams or the survivor or the heirs
executors administrators or assigns respectively of such survivor for any sum
or sums of money payable to him or them under or by virtue of this my Will
shall be a sufficient and effectual discharge or sufficient and effectual
discharges for the same respectively or so much thereof respectively as in such
receipt or receipts respectively shall be expressed or acknowledged to be
received that the person or persons to whom the same shall be given his her or
their heirs executors administrators or assigns shall not be answerable or
accountable for any loss misapplication or nonapplication or be in any wise
obliged or concerned to see to the application of the money therein mentioned
and acknowledged to be received or any part thereof provided always and I do
hereby declare my will and mind to be that if the said trustees hereby
appointed or either of them or any trustee or trustees to be appointed as
hereinafter is mentioned shall depart this life or decline or become incapable to
act in the trusts hereby reposed in them or him respectively then and so often
as it shall so happen it shall and may be lawful to and for the surviving or
continuing trustee or trustees for the time being or the executors or
administrators of the last surviving or continuing trustee for the time being
by any deed or deeds instrument or instruments in waiting to be sealed and
delivered by him her or them in the purchase of and to be attested by two or
more credible witnesses to appoint one or more person or persons to be a
trustee or trustees in the
? of the trustee or trustees so dying or refusing
or becoming incapable to act therein as aforesaid and that upon every such
appointment the said trust? estates monies and premises shall be conveyed
assigned and transferred so and in such a manner that the same may become
vested in the new trustee or trustees jointly which the surviving or continuing
trustees or trustee or solely as occasion shall require and every such new
trustee shall have such and the same powers and authorities and discretion to
all intents and purposes whatsoever as if he had been originally nominated a
trustee in this my Will provided always and I do hereby declare my will and
mind to be that the said trustees hereby nominated and appointed or to be
appointed by virtue of the proviso hereinafter contained and every of them and
the heirs executors administrators and assigns of them and every of them shall
be charged and chargeable respectively only for such monies as they shall
respectively annually receive by virtue of the trusts hereby in them reposed
notwithstanding his or their or any of their giving or signing or joining in
giving or signing any receipt or receipts for the sake of conformity and any
one or more of them shall not be answerable or accountable for the other or
others of them or for the acts receipts neglects or defaults of the other or
others of them but each and every of them only for his and their own acts
receipts neglects or defaults respectively and that any one or more of them
shall not be answerable or accountable for any Banker broker or other person
with whom or in whose hands any part of the said trust monies shall or may be
deposited or lodged for safe custody or otherwise in the execution of the
thrusts hereinbefore mentioned and that they or any of them shall not be
answerable or accountable for the insufficiency or deficiency of any security
or securities stocks or funds in or upon which the said trust monies or any
part thereof shall be placed out or invested or for any other involuntary loss
or damage that may happen in the execution of the aforesaid trusts or in
relation thereto except the same shall happen by or through their own wilful
default respectively and also that it shall and may be lawful to and for them
the said trustees hereinbefore named and such future trustee of trustees to be
appointed as aforesaid and every or any of them their and every of their heirs
executors administrators and assigns by and out of the monies which shall come
to their respective hands by virtue of the trusts aforesaid to retain to and
reimburse himself and themselves respectively and also to allow to his and
their co-trustee and c-trustees all costs charges damages and expences which
they or any of them shall or may suffer sustain expend disburse at or be put
unto in or about the execution of the aforesaid trusts or in relation
thereunto. In witness whereof I the
said testator James Goodall have to this my last Will written upon ten
sheets of paper to the first nine sheets thereof my hand and to this tenth and
last sheet thereof set my hand and seal the eleventh day of February in the
year of our Lord Christ one thousand eight hundred and twenty two. Jas Goodall Esqr.
Signed sealed published and declared
by the testator James Goodall as and for his last Will and Testament in
the presence of us who in his presence at his request and in the presence of
each other have hereunto subscribed our names as witnesses thereto the several
erasures in the twenty seventh and thirty sixth lines of the first sheet and
the eleventh line of the third sheet on which are respectively written the word
eighty having been first made and written.
WA Williams, Monmouth; Mary
Watkin, Mitcheltroy; Elizabeth
---; servant to Mr Goodall.
On the 8th Nov 1822 admon
with the Will annexed of the goods chattles & credits of James Goodall
late of the parish of Mitcheltroy in the Co of Monmouth senr decd was granted
to Mary Goodall wd the
relict & one of the residuary legatees
named in the said Will having been first sworn by Comon duly to admin James
Richards & Thomas Addams Williams the exors & residuary
legatees in trust named in the said Will have first renounced all well the
probate & execution thereof as also the letters of admon with the said Will
annexed of the goods of the said decd.
NOTE: The photocopy from which this
transcription was done is very poor in places. DW
NOTE: Re the witness to the Will
Elizabeth. Her surname has been shown
as a wavy line. DW
Transcribed from
a photocopy by Dave Woolven, 2 Aspen Way, Malpas Park, Newport, South
Wales. NP20 6LB Tel 01633 858 359 29-30 November & 1-2 December 2002