Will of James Griffiths of Birley, Herefordshire, proved 1824

Date: [unknown] [unknown]
Location: Birley, Herefordshire, England, United Kingdom
Surname/tag: griffiths

This is a transcript of the will of James Griffiths, gentleman of Birley, Herefordshire. His will was dated 5 December 1821 and proved on 13 March 1824 in the Prerogative Court of Canterbury.

Transcript

This is the last Will and Testament
of me James Griffiths of the thorn in the Parish of Birley in the County
of Hereford Gentleman as follows I give and devise unto my Brother Thomas
Griffiths All that my Messuage Farm Lands and Hereditaments with their
Rights Members and Appurtenances called by the Name of Blainlewenny[?]
situate in the Parish of Llanvihangel Na[n]tmellan in the County of Radnor
To hold to my said Brother Thomas Griffiths and his Assigns for and during
the term of his natural life and from and immediately after the decease of
my said Brother I give and devise the said Messuage Farm Lands and
Hereditaments and every part thereof unto his Children Elizabeth Thomas
Margaret John Susannah Mary Ann James and William To hold to them
not[?] as joint Tenants equally to be divided between them share and share
alike and to be avested Interest in each of them upon their attaining the
age of twenty one years or dying under that age leaving Issue lawfully
begotten Subject Nevertheless to and charged and chargeable with the payment
of an Annuity of Five Pounds to my Sister Jane Alford to which she is entitled
under the Will of my late Father I give and bequeath to my Sister Elizth
Tunstall for her sole and separate use free from the controul debts and Engagens
of her present or any future Husband one clear Annuity or yearly Rent
charge of Twenty Pounds during her life to be paid and payable to her by
two equal half yearly payments in each the first of such half yearly payments
to be made at the end six Months next after my decease I also give and
bequeath unto my Sister Ann Griffiths one clear Annuity or yearly Rent
charge of ten pounds during her life to be paid and payable to her by two equal
half yearly payments in each year the first of such half yearly payments to be
made at the end of six Months next after my decease I also give and
bequeath unto my brother Benjamin Griffiths one clear Annuity or yearly
Rent charge of Five pounds during his life to be paid and payable to him by
two equal half yearly payments in each year the first of such half yearly
payments to be made at the end of six Months next after my decease and
And I charge the said several and respective Annuities on my Messuage Farm
and Lands called the Thorn situate in the parish of Birley in the said
County of Hereford with all legal and Equitable powers and Remedies for
receiving and compelling payment of the same Annuities by distress Entry or
otherwise if unpaid by the space of two Months after the same or any
part thereof shall respectively become payable And subject to the payment

[page 2]
of the said several Annuities hereinbefore mentioned I give and devise all and singular my said Messuages and Tenements with the Out buildings Farm Lands Grounds Hereditaments and premises called the Thorn now in my Possession situate in the Parish of Birley in the County of Hereford with the Rights Members and Appurtenances thereunto belonging unto my friend Samuel Dipple of Leominster in the County of Hereford Gentleman his Executors Administrators and Assigns for the term of One thousand years to commence and be computed from the time of my decease Upon the trusts and for the purposes hereinafter expressed and declared and subject thereto and to the trust thereof I give and devise the same Messuages or Tenements Outbuildings Farm Lands Grounds and Premises and every part thereof unto my friend Joseph Powell Bradford of Leominster aforesaid Brazier his heirs and Assigns To the uses upon the trusts and for the Ends Intends and purposes hereinafter limited expressed and declared of and concerning the same that is to say To the use of my Nephew John Griffiths Alford who now lives with me and his Assigns for the term of his natural life without Impeachment of Waste with Remainder to the said Joseph Powell Bradford and his heirs during the life of the said John Griffiths Alford In trust to preserve contingent Remainders Remainder to my Nephew James Griffiths Son of my Brother Thomas Griffiths for his life without Impeachment of Waste Remainder to the said Joseph Powell Bradford his heirs and Assigns during the life of [t]he said James Griffiths to preserve contingent remainders remainder to the first and other Sons of my said Nephew James Griffiths severally and Successively and the respective and respective heirs male of their bodies according to priority of birth in strict settlement remainder to my Nephew William Griffiths son of my said Brother Thomas for his life without Impeachment of waste remainder to the said Joseph Powell Bradford his heirs and assigns during the life of my said nephew William Griffiths to preserve contingent Remainders Remainder to the first and other Sons of my Nephew William Griffiths severally and successively and the respective heirs Male of their Bodies according to priority of Birth in Strict Settlement Remainder to the use of all and every other the Son and Sons of my said Brother Thomas Griffiths severally and successively and the respective heirs Male of their Body and Bodies according to priority of Birth in Strict Settlemt with Remainder to my […] Right heirs And as to for and concerning the said term of One hundred years hereinbefore limited to the said Samuel Dipple his Executors and Administrators I do hereby declare that the same was and is so limited to him and them Upon the trusts and for the Ends Intents and purposes following that is to say Upon trust that the said Samuel Dipple his Executors and Administrators do and shall by sale Mortgage or other Disposition of all or any part of the said Messuages Lands and Hereditaments comprised in the said term of One thousand years for all or any part of the said term or by and out of the Rents Issues and profits of the same premises or any part thereof or by all or any of the said ways and means or by any other ways and means as he or they shall think fit levy and raise the sum of One thousand pounds of lawful British Money within twelve Months next after my decease And I do hereby direct that the said Samuel Dipple his Executors and Administrators shall stand possessed of the said Sum of One thousand pounds Upon the trusts and for the purposes here inafter mentioned (that is to say) Upon trust that the said Samuel Dipple his Executors and Administrators be and shall lay out and invest the said Sum of One thousand pounds so directed to be raised in ,manner aforesaid in his or their Name or Names in or upon Government or real Securities at Interest and do and shall from time to time alter and vary the same at his or their discretion and do and shall pay the Interest Dividends and Annual produce thereof from time to time unto my said Nephew John Griffiths Alford and his Assigns to permit and suffer him or them to receive and take the same until the several and respective Legatacies hereinafter mentioned shall become due and payable And upon further trust that said trustee Samuel Dipple his Executors or Administrators do and shall pay until my Nephew and Neices Thomas John James William Elizabeth Margaret Susannah and Mary Ann Sons and Daughters of my Brother Thomas Griffiths the Sum of Fifty pounds each when and as soon as they shall severally attain the age of twenty one years from

[page 3]
and out of the said Sum of One thousand pounds so directed to be raised in manner aforesaid which said Legacies or Sums of Fifty pounds each I do hereby give and bequeath unto my said Nephews and Neices the same to be an Interest vested in each of them Immediately upon his her or they their attaining the age of twenty one or dying under that age leaving Issue lawfully begotten And I direct that the said Legacy or Sum of Fifty Pounds heretofore directed to be paid to the said Elizabeth the Daughter of my said Brother Thomas shall be paid into her own hands for her sole and separate use free from the controul of her Husband and that her receipt alone shall be a sufficient discharge for the same And upon further trust that the said Samuel Dipple his Executors or Administrators do and shall pay unto my Nephews and Neices Thomas Elizabeth Mary and Charles children of my Sister Elizabeth Tunstall the Sum of One hundred Pounds each when and as soon as they shall severally attain the age of twenty one years from and after the decease of their Mother the said Elizabeth Tunstall but not in her lifetime out of the said Sum of One thousand so directed to be raised in manner aforesaid which said last mentioned Legacies or Sums of One hundred pounds each do hereby give and bequeath unto to my last mentioned Nephews and Neices the same to be an Interest vested in each of them immediately upon his her or their attaining the age of twenty one years or dying under that age leaving Issue lawfully begotten And upon further trust that the said Samuel Dipple his Executors or Adminisrators do and shall pay unto my Nephew and Neice James Alford and Jane Alford the Sum of One hundred pounds each when and as soon as they shall severally attain the age of twenty one years from and out of the said sun of One thous[an]d pounds so directed to be raised in manner aforesaid which I do hereby give and bequeath unto them the same to be and Interest vested in each of them immediately upon attaining the age of twenty one years or dying under that age leaving issue lawfully begotten I give and bequeath to my said Nephew John Griffiths Alford his Executors Administrators and Assigns the Sum of two Hundred pounds secured to me by Mortgage upon Premises in the parish of Aumestry in the County of Hereford now or late the property of Mr Benjamin Alford Upon the trusts and for the ends Intents and purposes hereinafter expressed and declared that is to say Upon trust that the said John Griffiths Alford his Executors Administrators or Assigns do and shall continue the same at Interest on the present Security or call in and place the same out again on Government or real Securities at Interest in the Name of him the said John Griffiths Alford his Executors or Administrators with power to alter and vary such Security or Securities when and as often as he or they shall think fit and do and shall pay and apply the Interest Dividends and annual proceeds to arise therefrom yearly and every year during the natural life of my said Sister Jane Alford unto my said Sister Jane Alford and her Assigns or permit and suffer her and them to receive the same for her and their own sole and separate use and benefit free from the controul debts or Engagements of her present or any future husband and for which her Receipt alone shall at all times be a sufficient release and discharge to the said John Griffiths Alford his Executors Administrators or Assigns notwithstand[in]g her present or any future coverture And from and after her decease Upon trust to pay and devise[?] the said principal Sum of two hundred pounds or transfer the Stocks Funds and Securities in or upon which the same shall be then laid out and invested and the Interest and proceeds thereof unto and between her four Children Benjamin Thomas Ann and Samuel in equal shares and proportions as tenants in common and not as joint tenants the same to be an Interest vested in each of them upon Attaining the age of twenty one years or dying under that age leaving Issue lawfully begotten I give and bequeath unto my said Nephew John Griffiths Alford his Executors and Administrators All and singular my live and dead Stock

[page 4]
Crops Household Goods and Furniture personal Estate and Effects whatsoever now in an upon a Messuage Farm and Lands situate in the parish of Shebdon in the said County of Hereford in the Occupation of my said Sister Jane Alford and her Family and which shall be thereon at the time of my decease Upon the trusts and for the Ends Intents and purposes hereinafter expressed and declared that is to say Upon trust to permit and suffer my said Sister Jane Alford to have and enjoy the same for and during the term of her natural life for her own separate use and benefit free from the countroul debts of Engagements of her present or any future husband And from and immediately after her decease Upon trust that the said John Griffiths Alford his Executors or Administrators do and shall sell and dispose of the said live and dead Stock Crops Household Goods and Furniture personal Estate and Effects and every part thereof either by public auction or private contract for the most Money that can be had of obtained for the same and pay and equally divide the Money arising from the sale thereof unto and between Benjamin Thomas Ann and Samuel four of the Children of the said Jane Alford in equal shares and proportions as tenants in commons and not as joint tenants to be paid to them respectively upon attaining the age of twenty one years to be an Interest vested in each of them attaining such age or dying under that age leaving issue lawfully begotten I give and devise unto my Brother Benjamin Griffiths All that my Messuage or Tenement called Coblers Hall with the Garden Orchard and Appurtenances thereunto belonging situate in the parish of Birley aforesaid now in the Occupation of Thomas Williams To hold to my said Brother Benjamin Griffiths and his Assigns for the term of his natural life without Impeachm[ent] of waste and from an immediately after his decease I give and devise the said Messuage or Tenement Garden Orchard and Premises with their Appurtenances unto my Nephew the said John Griffiths Alford his heirs and Assigns for ever I give and bequeath unto my said Nephew John Griffiths Alford All and singular my farming Stock Crops Implements of husbandry Household Goods Furniture and other Effects in and upon my Messuage Farm and Land call the Thorn Money and Securities for Money Book Debts and all other mu personal Estate and Effects whatsoever not hereinbefore disposed of To hold to the said John Griffiths Alford his Executors Administrators and and Assigns Subject to an chargeable with the payment of my just Debts Funeral and Testamentary Expences And I appoint the said John Griffiths Alford sole Executor of my said Will hereby revoking all former Wills by me made And I hereby give and devise unto the said John Griffiths Alford and to his heirs and Assigns All and every the Messuages Lands and Hereditaments whatsover whereof I am seized or Entitled to as Mortgagee in fee with their Appurtenances all my Estate and Interest therein Upon trust that the said John Griffiths Alford and his heirs do any shall on payment unto the said John Griffiths Alford his Executors and Administrators of such Sum and Sums of Money which shall be due and owing upon for or in respect of the several Mortgages or Securities affecting or charging the said respective premises convey and Assure the said Messuages Lands and Hereditaments with the Appurtenances unto the person and persons his hers and their heirs and Assigns who at the time of making such respective payment shall be entitled to the Redemption or Equity of Redemption of the said respective Mortgaged premises And I declare and direct that it shall and may be lawful to and for my said trustees Samuel Dipple and Joseph Powell Bradford their heirs Executors and Administrators respectively from time to time to deduct retain and reimburse himself and themselves by with and out of the Monies which by virtue of the trusts of this my Will shall come to their or either of them hands all such Costs charges and Expences which they or either of them shall bear pay sustain or be put unto And also a Reasonable Sum for his and

[page 5]
their trouble in and about the Execution of the trusts in this my Will or any thing relating thereto And I direct that my said trustees shall each of them be answerable for their own separate acts and receipts respectively only and not the one fot the acts or receipts of the other of them And that shall not be accountable for any loss which may happen in the Estates or Effects hereby in them respectively vested so that the same do not happen through any Negligence or default of them or either of them

In Witness where I have to this my last Will and Testament contained in this and the six preceeding sheets of paper set my hand and seal in manner following that is to say to the six preceeding sheets my hand and to this the seventh and last sheet my hand and seal in the fifth day of December One thousand Eight hundred and twenty one

James Griffiths LS

Signed Sealed published and declared by the said James Griffiths the Testator 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 subscribed our Names as Witness thereto the word “William” in the twenty Eighth thirtieth and thirty second lines of the second Sheet having been first written on Erasures and the Interlineation between the tenth and Eleventh lines of the fourth Sheet having been first made therein
Wm Breillat of Weston
Thomas Cresswell of Birley
Peter Southall of Knapton

Proved at London 13th March 1824 before the Judge by the Oath of John
Griffiths Alford the sole Executor to whom Administration was granted
being first sworn duly to Administer (by Commission)

Sources

• The National Archives. Reference: PROB 11/1683/148. Description: Will of James Griffiths, Gentleman of Birley , Herefordshire. Date: 13 March 1824.