I've uploaded this document, as the writing is somewhat difficult and if anyone can read it better than me, I would appreciate some assistance with transcription. This is what I have so far:
If anyone sees any discrepancies, please feel free to let me know.
A few people have asked with translation of what this will means. Without a single full stop, nevermind a complete lack of paragraphs, one can hardly blame the!. I've given it a go below, and if you think I've got anything wrong or there is anything else that needs clarifying please feel free to use the comments feature:
This is the last Will and Testament of John Ashton of Gyssylva Issa [Geseilfa on modern map] in the parish of Trefeglwys in the County of Montgomery, Gentleman, made the eleventh day of May in the year of our Lord one thousand eight hundred and thirty two.
Will of John Ashton, made on 11 May 1832. His status was a Gentleman.
I do hereby give and devise unto Edward Evans of Garth in the parish of Llanidloes in the said County of Montgomery, farmer, and Nicholas Bennett of Glanyrafon in the parish of Trefeglwys aforesaid, farmer, all those my two several messuages tenements and lands with the appurtenances commonly called or known by the names of Gyssylva Ucha and Gyssylva Issa situate in the said parish of Trefeglwys,
Gave legal ownership of his houses / land ? Gyssylva Ucha and Issa ? to Edward Evans and Nicholas Bennett, and as the document later states, this is in the form of a Trust.
This means that Edward and Nicholas are the trustees.
A trust is a specific legal relationship. Legal ownership will rest with the named trustees, and the benefit / enjoyment, can be vested in someone else. Trusts often have terms and conditions attached to them, and this is usually specified by the person creating / requesting the trust to be set up.
and also all my two messuages or dwellinghouses with the gardens and appurtenances thereto belonging, situate in the said parish of Trefeglwys, now in the occupation of Edward Mills, Richard Pugh, John Jones, Andrew B?.ford? and Edmund
Additional houses that were occupied by the above persons.
- and all other if any the messuages, tenements, lands and other hereditaments
These are legal generic terms for rights and obligations attached to land. In law, land and property has a legal relationship of its own, and certain relationships will ?run with land?.
of me, the said John Ashton, situate, lying and being in the parish of Trefeglwys aforesaid, to hold the same unto the said Edward Evans and Nicholas Bennett, their Executors, Adminstrators and assigns
Should Edward and Nicholas die, the trusteeship will pass on in accordance with the terms and conditions of their wills.
for and during and unto the full end and term of five hundred years to be computed from the day of my decease and thenceforth next ensuing and fully to be complete and ended with impeachment of waste but upon the trust
Basically states that legal ownership of land to Edward Evans and Nicholas Bennett is subject to the relationship being one of a trust.
and subject to the proviso which I have hereinafter declared of and concerning the same
The trust is subject to conditions that are going to be detailed later in this document.
and immediately from and after the expiration or sooner determination of the same term and in the mean time subject thereto and to the trust thereof I give and devise the same messuages tenements lands and hereditaments and every part and parcel thereof with the appurtenances unto my son Valentine Ashton and his assigns for and during the term of his natural life
He has set up what lawyers call a ?lifetime trust? for his son Valentine. He has given his property to Valentine for his lifetime only.
By given, I really mean he will get the benefit of the land etc, during his lifetime only and does not own the land outright. In this position, he is not entitled to make his own will and do what he wants with the land, as he is not the legal owner.
without impeachment of waste except timber for necessary repairs, and from and immediately after his decease I give and devise the same messuages, tenements, lands & hereditaments with the appurtenances unto my Grandson John Ashton, the eldest son of my said son Valentine Ashton, and his assigns for and during the term of his natural life
On the death of Valentine, his lifetime trust will have expired. My land will then pass to John Ashton and I have created another lifetime trust.
Again, this lifetime trust, John does not own the land outright (legal ownership of the land lies with the trustees), and is not free to do what he likes with it. with impeachment of waste (except timber for necessary repairs as aforesaid and from and immediately after his decease
After my son John Ashton has died, the lifetime trust has expired and ?.
I give and devise the same unto and to the use of the heirs of the body of my said Grandson John Ashton
Devise the same, meaning another trust, for the heirs of John Ashton!
lawfully to be begotten and for want of such issue then I give and devise unto and to the use of my own right heirs for ever it is my will
He wants to give his property to his heirs, and will do this because it is his will.
and I do hereby declare that the messuages, tenements, lands and hereditaments limited to the said Edward Evans and Nicholas Bennett, their executors, administrators and assigns, for that said term of five hundred years, are so limited to them upon trust,
Legal ownership of estate for Edward and Nicholas (and their heirs) is limited to a term of 500 years. That is, the trust will last no longer than this term, unless it is dissolved before this.
The benefit arising from the legal ownership, for Edward and Nicholas, is restricted to the fact they are trustees, and they are bound by the terms of a trust.
that is to say that they or the survivor of them, his Executors, Administrators or assigns,
Above instructions is extended to the terms of Edward and Nicholas? wills, should either of them die, and trusteeship will pass.
do and shall as soon as conveniently may be after my decease by mortgage for a term of years of all or any part of the before mentioned messuages, tenements, lands and hereditaments,
Take out a mortgage to cover funds
levy and raise the sum of eight hundred pounds of lawful British money
In the first instance ?800
Giving power to raise the sum of ?800 upon my death
and also further and other sum or sums of money as may be necessary to reimburse my said trustees and the Survivor of them, his executors, administrators and assigns, all such costs, charges and expenses as they or he may be put into in or about the raising and procuring of the said sum of eight hundred pounds
And any additional amount, to cover costs and expenses i.e. reimbursement. This right extends to future trustees should Edward and Nicholas die. The reimbursements have to relate to the raising of ?800.
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 continuing the same
To hold the money on trust, as instructed
and I do hereby direct that it shall be lawful for the said Edward Evans and Nicolas Bennett or the Survivor of them, his executors, administrators and assigns to sign and give acquittances and discharges to any mortgagee or other person or persons for his or their mortgage money and that such mortgagee or other person shall not afterwards be answerable or accountable for any loss misapplication or nonapplication
John Ashton gave mortgages to people i.e. mortgagor. This will gives the trustees scope for rescinding or discharging mortgages if it is appropriate, and this discharge is absolute.
or be bound to see to the application of the money for which such receipts shall be given where there is now due to me from several persons various sums of money which together with any such ready money amounts to nearly five hundred pounds
John Ashton was owed money, and this amounted to nearly five hundred pounds.
I so hereby give and bequeath unto the said Edward Evans and Nicolas Bennett and the survivor of them his Executors and administrators the sum of two hundred and thirty four pounds of lawful British money to be paid to them as soon as conveniently may be after my decease
?230 to be paid to Edward and Nicholas, asap after my death.
and which said sum of two hundred and thirty four pounds and every part thereof I will and direct shall be held by them upon the several trusts hereinafter mentioned and declared concerning the same.
and shall be held in several trusts, i.e. benefit going somewhere else
Now it is my will and I do hereby declare that the said Edward Evans and Nicholas Bennett and the survivor of them, his executors and administrators do and shall stand and be possessed of and interested in the before mentioned sum of eight hundred pounds and the said sum of two hundred and thirty four pounds, making together the sum of one thousand and thirty four pounds and all interest that may become due for the same upon the several trusts following that is to say
Two sums: ?800 + ?234 = ?1034, to be held in trust by Edward Evans and Nicholas Bennett. This money is managed for purposes specified below.
in trust to pay unto my son two daughters Elizabeth the wife of Evan Chapman and Mary the wife of Edward Bennett the sum of one pound each (being part of the said sum of one thousand and thirty four pounds) and as to the sum of two hundred pounds (further part of the said sum of our thousand and thirty four pounds) and the interest of the said sum of two hundred pounds
To pay his daughters Elizabeth and Mary, ?1 each.
In trust for my son Edward Ashton his executors, administrators and assigns and as to the sum of two hundred and fifty pounds (further part of the said sum of our thousand and thirty four pounds) and the interest of the said sum of two hundred and fifty pounds,
In trust for my son John Ashton his executors, administrators and assigns as to the sum of seventy pounds (further part of the said sum of our thousand and thirty four pounds) and the interest of the said sum of seventy pounds
?70 in trust for his son John Ashton, and should he die this will pass in accordance with the terms of his will
In trust for my son Richard Ashton his executors administrators and assigns and as to the sum of two hundred and twenty pounds (further part of the said sum of one thousand and thirty four pounds) and the interest of the said sum of two hundred and twenty pounds
?220 in trust for his son Richard Ashton, and should he die the benefit arising from the trust will pass in accordance with Richard's will.
In trust for my son George Ashton his executors, administrators and assigns and as to the sum of two hundred and forty pounds (further part of the said sum of one thousand and thirty four pounds) and the interest of the said sum of two hundred and forty pounds
?240 in trust for his son George Ashton, and should he die the benefit arising from the trust will pass in accordance with George's will.
In trust for my son Evan Ashton his executors, administrators and assigns and as to the sum of one pound (further part of the said sum of the one thousand and thirty four pounds)
?1 in trust for my son Evan Ashton, and should he die the benefit arising from the trust will pass in accordance with Evan's will.
In trust for my son Thomas Ashton and as for the sum of one pound (further part of the said sum of one thousand and thirty four pounds)
?1 in trust for Thomas Ashton, but this right does not pass onto Thomas' heirs. No interest is accured on this amount.
In trust for my daughter Ann the wife of Edward Edwards her executors, administrators and assigns and as to the sum of twenty pounds (further part of the said sum of our one thousand and thirty four pounds) and the interest of the said sum of twenty pounds
?20 plus interest in trust for my daughter Ann, and should he die the benefit arising from the trust will pass in accordance with Ann's will.
In trust for my grand daughter Mary the wife of Edward Lloyd her executors administrators and assign for her and their own absolute benefit and free from the debts and control of her present and any future husband and as to the sum of thirty pounds (residue of the said sum of one thousand and thirty four pounds) and the interest of the said sum of thirty pounds
?30 in trust for his grand daughter Mary, and the money is for her absolute benefit (her husband or any future husband cannot have any control over the money, or be used to pay for debts arising from the marriage).
In trust for Andrew Ashton (an illegitimate child of my said son Edward Ashton) his executors admors [abbreviation for administrators] and assigns and the interest of the said sum of thirty pounds
?30 for Andrew (illegitimate child of Edward), and should he die the benefit arising from the trust will pass in accordance with Andrew's will.
becoming due during the minority of the said Andrew Ashton I direct shall be applied by my said trustee towards his maintenance and Education
When he is a minor, i.e. under the age of 21, monies from this total sum shall be used towards his maintenance and Education
but in case of the death of him the said Andrew Ashton before he shall attain the age of twenty one years then I direct that the same sum of thirty pounds shall sink into and form part of my residuary personal estate provided always
Should Andrew die before the age of 21 years, then the funds go back into the residue estate. Residue estate - is monies and other property left over that has not been specifically allocated.
and I do direct and declare that from and immediately after the trusts hereinbefore declared of and continuing the said term of five hundred years shall in all respects be fully performed or otherwise satisfied or discharged
The trusts will run for a term of 500 years, unless discharged earlier. Conditions set above will be performed.
and the said Edward Evans and Nicholas Bennett and the survivor of them or his executors administrators and assigns respectively shall be fully satisfied and reimbursed all costs charges and expenses to be occasioned by or relating to the trusts hereby in them reposed
The trustees will be reimbursed of costs relating to the administration of the trusts
the said term shall as to such of the messuages tenements and other premises comprised therein as shall not have been mortgaged for the purposes aforesaid absolutely choose?? and determine and as to such of the said premises as shall have been so mortgaged shall subject to such mortgage wait upon and attend the revision and inheritance of the premises so mortgaged.
A mortgage shall not be taken out absolutely, for reasons previously stated. The trustees decide when land is mortgaged, and can be revised to meet obligations under the will. I need to clarify this section.
I give and bequeath my hack mare and all my wearing apparel and also my ?Burtan? unto my said son John Ashton
Hack mare and clothes to my son John
and I do hereby direct and declare it to be my will that my two sons John Ashton and Evan Ashton shall have and be entitled for their own use to the occupation and rents profits and produce of all my messuages or tenements lands and hereditaments hereinbefore devised from the day of my decease until the twenty fifth day of March [ie Lady Day when rents fell due] next
My sons John and Evan shall be allowed to live in any lands they decide, plus receive rents and any other benefits arising out of lands from the date of my death, up until the 25 March
after that event without being liable to the payment of any rent or satisfaction for the same
They will not be liable for the payment of any rent, to the trustees
and that they shall also have the use of all my stock of horses, cattle, sheep and other my live stock (except pigs) and the profits arising therefrom
They shall have use of the animals listed above, with the exception of the pigs, and the profit arising from this
and the use all of my wagons, carts and other implements of husbandry and also of my household goods and furniture, bedding, plate, linen, china, brewing and dairy utensils and implements of household for their own exclusive benefit until the said twenty fifth day of March next after my decease at which time or sooner of my said boys [?] John Ashton and Evan Ashton shall think ?proper
Exclusive use of items listed above, until the 25 March following his death, or sooner if John and Evan think this is proper
I do hereby order and direct that all my said live and dead farming stock and household furniture, bedding, plate, linen, china, brewing and dairy utensils with all my stock of corn, grain and hay except such corn, grain and hay as shall be growing at my decease and all my pigs which I give bequeath to my executors hereinafter named shall be sold by one or more public auction or auctions for the best price that can be gotten for the same
All my live and dead farming stock, items, and agricultural stock (apart from what is growing) - all listed above - shall be put up for auction(s), to get the best price
and I direct that my said sons John Ashton and Evan Ashton shall stand possessed of the money arising from the said sale or sales.
John and Evan, my sons, shall 'possess' the money arising from the auction(s). Possession in modern terms, means outright legal ownership/benefit from, but it immediately talks about a trust for the proceeds, so this definition doesn't fit.
In trust as soon as conveniently may be after such sale or sales and after payment of my past debts and funeral and testamentary expenses
Money is held in trust, and after the payment of past debts, funeral and other expenses
to pay and equally divide the same unto and amongst themselves and my seven other younger children namely Elizabeth Ashton the wife of Evan Chapman, Edward Ashton, Mary the wife of Edward Bennett, Richard Ashton, George Ashton, Thomas Ashton and Ann the wife of Edward Edwards, share and share alike
To divide the monies amongst my children: John, Evan, Elizabeth, Edward, Mary, Richard, George, Thomas, Ann
and as to all the rest and residue of my personal estate and effects of what nature or kind soever not hereinbefore by me given and disposed of I give and bequeath the same unto my said two sons John Ashton and Evan Ashton and my said seven younger children hereinbefore named to be equally divided between them share and share alike to and for their own use
The residue of my estate i.e. anything left over, be divided amongst all my 9 children
and I hereby nominate and appoint my said [possibly two abbreviations here for above mentioned ? but may just be crossings out] sons John Ashton and Evan Ashton Executors of this my last will
The executors of my estate are my sons John and Evan
and revoke all other wills by me heretofore made.
Any other wills I have made previously, are now void
In witness whereof I the said Testator John Ashton have to the preceding four sheets of this my last will and testament set my hand and to this fifth and last sheet my hand and seal the day and year first above written.
John Ashton
Will is 5 pages long, and its this is my signature and seal
Signed sealed published and declared by the said Testator 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 subscribed our names as witnesses thereto.
T Edm.[ie Edmund] Marsh
James Morris
Jn [ie John] Owen
People who witnessed the will, and these signatures would need to have been signed in the presence of each other.
Proved at London 11 Oct 1834 before the Judge by the oath of John Ashton and Evan Ashton the sons the Executors to whom admon [ie administration] was granted having been first sworn by Canon[?] duly to administer
Details of where the will was proven
