This is the last will and testament of James Tyler of the parish of Mitchell Troy in the County of Monmouth, Gent: I do subject all my estate to pay to my sister Frances Hall fifteen pounds pr annum for her life for her own use no way subject to the power or controul of her husband payable half yearly with power for her to distrain for the same if not paid within twenty days after each payment shall become due. I do also subject my said estate to pay my sister Ann Hopkins four pounds pr annum for her life payable half yearly with power for her to distrain for the same if not paid within twenty days after each payment shall become due. The first payment of these annuities shall be made at the end of six months after my decease. I do give unto my kinsman Charles Tyler of Monmouth, malster, & his sister Elizabeth Tyler, spinster, my wood called the Pitts Wood with power to sell the same to be felled at their discretion and out of the money arising by such fall to pay sixty pounds to my neice Teresa Hopkins and the remainder between the said Frances Hall for her own separate use as aforesaid and my neice Sarah Hopkins share alike. I give to my brother in law William Hall one guinea. I give my house and garden now in the possession of William Hall to my said sister Frances for her life for her own separate use no ways subject to the power or controul of her husband & after her decease to the said Teresa Hopkins for her life. And I do direct that my said sister Ann Hopkins shall ebjoy the house I have built for her in the Highway Orchard and the fruit out of the said orchard during her life. And I do subject all my said estate with the payments of fifteen pounds pr annum to my brother Charles Tyler during his life payable half yearly the first payment to be made at the end of six months next after my decease with power tp distrain for the same if not paid within twenty days after each payment shall become due and on actuall demand first made either in writing or in person for the same but this annuity is upon this expressed condition that if my said brother Charles Tyler shall give any disturbance in law touching any part of my estate in opposition to this my will then I do direct that his said annuity shall from henceforth cease and determine and subject to the said annuitys & legacies. I do direct and appoint that Thomas Hopkins and his heirs to whom I have surrendered my estate shall stand seized thereof to the use of the heirs of the body of the said Thomas Hopkins lawfully to be begotten and for want of such issue to the use of my sister’s children and the heirs of their bodys forever. In default of such issue to the use of Charles Tyler of Monmouth, malster, and his heirs for ever. And I do charge my said estate with the payment of one hundred pounds each unto the daughters of the said Thomas Hopkins payable at the age of twenty one years or day of marriage which shall first happen. And I do direct that my said sister Frances and my kinsman the said Charles Tyler of Monmouth and his sister Elizabeth Tyler shall have the management and power over my said estate for the benefit of the children of the said Thomas Hopkins and their fortunes during their infancy. The rest of my effects I give to my said sister Frances for her own separate use and benefit as aforesaid and I do appoint the said Frances Hall; Charles Tyler, malster and Elizabeth Tyler executors of this my will. In witness whereof I have hereto set my hand this twentyeth day of May 1769. The mark of the said James Tyler.
Signed, sealed, published and declared by the said testator as and for his last will and testament in the presence of us who set our names in his sight and of each other. Frances Appleton?; --? Catchmayd; Geo Catchmayd junr
This will was proved at Landaff on the thirtieth day of November in the year of our Lord one thousand seven hundred and sixty nine before the Reverend Nathanial Wells, Clerk, Master of Arts, the Chancellor’s Surrogate, by Frances Hall (wife of William Hall) Charles Tyler and Elizabeth Tyler, the executors in this will named who were first on the holy Evangelists by virtue of a Commission sworn well and faithfully to execute the same, to exhibit an inventory &c and to render a just account of their administration thereof when thereunto lawfully required
George Harris, Doctor of Laws, Vicar General and Principal Official of the Right Reverend Father in God Shute by divine permission Lord Bishop of Landaff lawfully constituted. To our well beloved in Christ John Davis, Theophilus Thomas, and Howell Powell, Clerks in the County of Monmouth and Diocese of Landaff jointly and severally greeting: Whereas James Tyler late of the parish of Mitchell Troy in the County of Monmouth and Diocese of Landaff aforesaid deceased did make his last will and testament in writing hereunto annexed and therein named Frances Hall (wife of William Hall) Charles Tyler and Elizabeth Tyler executors of his said will and afterwards died we do therefore by these presents impower you jointly and severally to administer unto the said executors the oath hereunder written, and further to do in the premises what shall be needfull, requiring and enjoyning that such oath being administered you duly transmit to us our Surrogate or some other competent Judge in this behalf, the said will and the whole proceedings thereon subscribed with the proper hand or hands of one or more of you at or before the thirtieth day of this instant November together with these presents provided nevertheless that this commission shall be of no effect unless so transmitted before the said time. Dated at Landaff the eighth day of November in the year of our Lord one thousand seven hundred and sixty nine. James Davies, Reg’r
The form of the oath to be administered to the said executors, laying their right hands on the new testament.
Your oath is that the writing hereunto annexed contains the last will and testament of James Tyler deceased as far as you know and believe and that you are the executors therein named and that you will well and truly execute the same by paying first his debts and then the legacies therein contained, as far as such goods, chattles and credits will thereunto extend and the law require, and that you will make a true and perfect inventory of all and singular the said goods, chattles and credits, and exhibit the same into the Registry of the Consistory Court of Landaff, and render a just account of your administration thereof when thereunto lawfully required so help you God and his Holy Evangelists.
This Commission was executed, and the above named Frances Hall (wife of William Hall) Charles Tyler and Elizabeth Tyler sworn according to the form and effect thereof on the thirteenth day of November in the year of our Lord 1769, by and before John Davis, D.D.
Nov 8th 1769. Let this commission pass the seal. Nath’l Wells, Surrogate
Nov 30th. Let a Probate be made out & Pass ye seal. Nath’l Wells, Surrogate
Transcribed from a photocopy by Dave Woolven, 2 Aspen Way, Malpas Park, Newport, South Wales
NP20 6LB Tel 01633 858 359 4 September 2000