By the Permission of Almighty God

I John Phelps of Dursley in the County of Gloucester Esquire, being of sound mind and memory, considering my latter end and the uncertainty of the time thereof, do make this my last Will and Testament in manner and form following, that is to say:First it is my will that all and singular my Freehold Messuages, Lands, Tenements and Hereditaments whatsoever and wheresoever, in which I particularly include the Close of Pasture called Rodmore which I lately purchased of Mr John Andrews, shall descend and come to John De la Field Phelps my Eldest Son and his Heirs.

But I do hereby charge all such of the said Messuages, Lands, Tenements and Hereditaments (except the Close called Rodmore) which I have power to charge by any construction in Law or Equity with the payment of the sum of five hundred pounds to my Wife Elizabeth, my Brother William Phelps Esquire, my Cousin Nicholas Neal, Daniel Chance of the Parish of Rodborow (Rodborough) in the said County clothier and John Pinfold of Stinchcombe in the said County of Gloucester Esquire, within the space of twelve months next after my said son shall have accomplished his full age of twenty one years, and Interest for the same in the mean time, after the rate of four Pounds a year for one hundred Pounds, from the day of my decease, for the benefit of my younger children in manner and according to the Proportions hereinafter mentioned;

And untill my said son shall accomplish his age as aforesaid, I give and devise all such of my said Messuages, Lands, Tenements and Hereditaments (the said Close called Rodmore excepted) with their and every of their Rights Members and Appurtenances, which by any construction as aforesaid I have power to give, to them the said Elizabeth my wife, William Phelps, Nicholas Neal, Daniel Chance and John Pinfold and their Heirs Upon Trust to raise out of the clear Rents, Issues and Profits thereof, for the benefit of my said younger children, the full Interest of the said sum of five hundred pounds after the rate as aforesaid, which shall arise or grow due in that time, and pay the remainder of such Rents, Issues and Profits to him my said son, and in case he my said son shall refuse or neglect to pay my said trustees the said sum of five hundred Pounds and the Interest thereof by the time aforesaid,

Then I give and devise all and singular the same Messuages, Lands, Tenements and Hereditaments (the said Close called Rodmore excepted) with their and every of their Rights Members and Appurtenances, unto the said William Phelps, Nicholas Neal, Daniel Chance and John Pinfold their Heirs and Assigns for ever Upon Trust nevertheless that they and the Survivors and Survivor of them and the Heirs of such Survivor, shall as soon after as conveniently can be, absolutely sell and dispose of the Fee simple and Inheritaure of all and singular the same Messuages, Lands, Tenements and Hereditaments and Premisses (the aforesaid Close called Rodmore excepted) or any part or parts thereof as to them shall seem meet, to any purchasor or purchasors, and for the best price or prices that can be gotten for the same and with the money arising thereby, and the Rents, Issues and Profits of the said Messuages, Lands, and Premisses in the mean time shall and do pay and satisfy the said sum of five hundred Pounds and the Interest thereof as aforesaid and all such costs, charges, Damages and Expenses as they my said Trustees or any of them shall or may pay, sustain or be put unto in or about the same, And the overplus afterwards (if any) to pay and deliver to my said Son or in case of his Decease, to such person or persons who would have been Intitled to the said Messuages, Lands, and Premisses in case the descent of them from me had not been interrupted or broken.

And if the whole of such Messuages, Lands, and Premisses shall not be sold and disposed of by my said Trustees for the purpose aforesaid, such part or parts thereof as shall be unsold, shall from thenceforth be and remain to and for the use and behoof of my right Heirs for ever.

And if it shall happen that the said John De La Field my eldest son shall depart this life without Issue, before the payment of the said five hundred Pounds or the time herein before allowed for that purpose and thereby the said Messuages, Lands and Hereditaments charged therewith shall descend and come to my other son William, it is my will that my said son William shall be allowed time till twelve months after his age of twenty one years, for the payment of the said five hundred pounds, and that the said Messuages, Lands and Hereditaments shall be held and enjoyed by my said Trustees during the Minority of my said son William, In Trust for the raising and paying the Interest in that time to arise or grow due for the said five hundred pounds. And further upon failure or neglect of payment of the said five hundred pounds and Interest thereof at the end of the said twelve months after his attainment of his said age, shall be sold and disposed of by my said Trustees in the same manner as is hereinbefore expressed and ordered with regard to the holding and enjoyment of such Messuages, Lands and Hereditaments during the Minority of my said eldest son, and the sale and disposition thereof in case of neglect or failure in him to pay the said five hundred pounds and Interest as aforesaid, he my said son William being in such case in like manner admitted to the overplus or remainder of the said Messuages, Lands and Hereditaments and of the Rents, Issues and profits thereof as my said eldest son would have been had he been living.

And in case he my said son William shall in such manner come to, or be intitled to have or inherit the said Messuages, Lands and Hereditaments last mentioned, then it is further my will that he my said son William shall not be intitled to any part of the said five hundred pounds or have any share or benefit out of or from my personal estate hereinafter bequeathed or be considered as one of my younger children or intitled to any of the benefits which would otherwise have accrued to him as one of my younger children, from or by virtue of this my will

Provided always, and it is my will that in case my said Eldest son, or such person or persons, who upon his decease will be intitled to have or inherit the said Messuages, Lands and Premisses, charged and chargeable as aforesaid, or any person or persons on his or their behalf shall pay my Trustees the said sum of five hundred pounds and Interest at any sooner time than is herein before appointed for the payment thereof, that then the gift and devise of the same Messuages, Lands and Premisses, to my said Trustees as aforesaid shall from thenceforth cease, determine and be void, anything in this my will contained to the contrary notwithstanding.

Next I give and bequeath unto the said Elizabeth my Wife, all my Plate and Linnen, and all and singular my Household Goods and Furniture and Implements of Household of what nature or kind soever they be.

And whereas I have for some years as Trustee or Guardian in socage of my Eldest Son, been concerned in the management and receipt of the Rents and Profits of the estates which come to him, under or by virtue of the Will of Edward Field Esquire deceased, Now I do hereby order my Accounts relating thereto to be made up by my Executors as soon as conveniently can be after my decease, and all the money appearing upon the ballance thereof to be due from me to my said son, to be paid him at his said age of twenty one years, without any deduction for Apparel, Maintenance or Education, hereby releasing him from all Demands on account thereof.

And I further order that my Executors do ballance every year's accounts separate concluding each year with the fifth of January (as being old Christmas) and then charge themselves with Interest after the rate of four pounds a year for one hundred pounds, for the several sums appearing on each year's Account to be a ballance in my hands, and carry on the same from the end of each year separate (every year being considered to end as aforesaid on the fifth day of January) until the day of my decease to be paid to my said Son out of my personal Estate at the same time with the other Moneys but not to charge Interest upon Interest.

All the rest and residue of my Goods, Chattels and personal Estate whatsoever, my debts and Funeral Expenses being paid and discharged, I give and bequeath unto my said Wife, and the said William Phelps, Nicholas Neal, Daniel Chance and John Pinfold Upon special Trust and confidence nevertheless in them reposed that they and the Survivors and Survivor of them and the Executors and Administrators of such Survivor shall and do sell and dispose of such part and parts of my personal Estate as to them shall seem meet, and the money arising thereby, together with all my other Moneys, and the said sum of five hundred pounds when the same shall be raised and paid, shall and do place and continue out at Interest in their Manner, untill my younger Children shall have attained their respective ages of twenty one years or days of Marriage which shall first happen. And from and after they shall have attained their respective ages or days of Marriage as aforesaid, Then upon Trust, that they my said Trustees or the Survivors and Survivor of them, or the Executors and Administrators of such Survivor, shall and do pay and divide all the said Principal Monies, in which is included the said sum of five hundred pounds, and all Interest then due or owing therefore or belonging thereunto and all the rest of my said personal Estate, to and amongst my said younger children, namely my said Son William and my Daughters Elizabeth, Ann and Mary in the shares and proportions following, namely: To my said son William two shares thereof, for each of my said Daughters one share, so that if five hundred pounds was to be divided between my said son William and my said three Daughters, he my said son William should have for his share two hundred pounds and each of my said Daughters one hundred pounds thereof, and declare that the whole Residuum of my personal Estate is given to my said Trustees In Trust for, and to be divided among my younger children at the respective times aforesaid, according to the aforementioned Rule and proportion and that each of my said younger Children shall have and be Intitled to have his or her share thereof immediately upon being of age or Married, without waiting for the age or marriage of any of the others of them.

And upon further Trust that they my said Trustees and the Survivors and Survivor of them, and the Executors and Administrators of such Survivor, shall and do in the meantime and until the said respective portions of my said younger children shall become payable, lay out pay apply and dispose of from time to time, such sum or sums of money not exceeding annually the Interest of each child's respective portion, in the Maintenance and Education of them my said younger children respectively, as they my said Trustees in their discretion shall think fit, hereby giving and granting unto my said Trustees full power and Authority, if occasion require, to break in upon the Principal sum of each or either child's respective portion, and take out any sum or sums of money for the placing out my said younger children, or any of them, or settling them handsomely or conveniently in the World, or any other the like necessary occasion as to them shall seem meet.

And in case any of my said younger children shall happen to depart this Life before Age or Marriage as aforesaid, it is my Will that the share or shares of him her or them so dying, of and in the said Moneys and Effects, shall go over and be paid and divided to and amongst the Survivors and Survivor of them my said younger children, at the times and according to the Rule and Proportion before mentioned. But if my said son William shall happen to die before his Age or Marriage as aforesaid, whereby the said Moneys and Effects would belong to my said Daughters him surviving, it is my will that the same shall in such case be divided amongst them my said Daughters or the Survivors of them in equal shares and proportions.

And I make my said Wife and Brother William Phelps, and cousin Nicholas Neal, Daniel Chance and John Pinfold, joint Executors of this my last Will and Testament.

In Trust for the benefit of my said younger children in manner as aforesaid and give to each of them my said Brother and Cousin, Daniel Chance and John Pinfold, who shall act in the execution of the Trusts hereby reposed in them five Guineas, hereby declaring that they, the said Elizabeth my Wife, William Phelps, Nicholas Neal, Daniel Chance and John Pinfold and the Survivors and Survivor of them, and the Heirs Executors and Administrators of such Survivor and each and every of them shall be fully satisfied and reimbursed out of the Moneys, Estate and Effects with which they are hereby respectively intrusted, for all such costs, Charges, Damages and Expenses as they or any of them shall or may pay, sustain or be put unto in or about the Execution of the Trusts hereby reposed in them or any of them or in any wise touching or concerning the same and shall not be answerable or accountable for any more money than what they shall actually and respectively receive, nor any of them for the Acts, Receipts or Defaults of the other or others of them, but each and every of them for his her or their own Acts, Receipts or Defaults only, nor for the Loss of any money that may happen by placing out the same on any deficient Security or Securities, nor for any other matter, without their wilfull (sic) Neglect or Default.

In Witness whereof I have to this my last Will and Testament contained in three sheets of paper, to the first two thereof subscribed my Name, and hereto set my hand and seal the sixth day of June in the twenty eighth year of the Reign of our Sovereign Lord George the Second by the Grace of God of Great Britain France and Ireland, King Defender of the Faith and so forth and in the year of our Lord one thousand seven hundred and fifty five – Jno Phelps –Signed sealed published and declared by the Testator as his last Will and Testament in the presence of us who subscribed our names as Witnesses hereto in the sight and presence of the said Testator. The Name Daniel Chance being first Interlined throughout the above written Will and his addition also Interlined in the first sheet thereof –

Evan Jones – William Wilkins – Will: Jones

Whereas I the abovenamed John Phelps the Testator have by my above written Will Directed in case in case any of my younger children shall happen to die before their age or Marriage, that share of him, her or them so dying, of and in the Moneys and effects given to my Trustees for their use and benefit shall go over to the Survivors of them my said younger children and be divided according to the Rule and Proportion in my said Will mentioned, Now I do hereby alter such my Direction in my said Will, and Declare it to be my Will, that if any my younger children shall die under age or Marriage, as above, the share or shares of him, her or them so dying, of and in the Moneys and effects belonging to them, shall go to and be equally divided amongst all my children surviving, without any distinction between the elder or younger or between my sons or Daughters and desire that this may be taken as part of my said Will.Witness my hand the day of the date of my said above written Will – Jno Phelps –

In the presence of – Evan Jones – William Wilkins – Will: Jones

This Will was proved at London (with a Codicil) the fifteenth day of November in the year of our Lord one thousand seven hundred and fifty five before the Right Honourable Sir George Lee Knight Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oaths of Elizabeth Phelps Widow, Nicholas Neal, Daniel Chance and John Pinfold Esquire, four of the Executors named in the said Will, to whom Administration was granted of all and singular the Goods, Chattels and Credits of the Deceased, having been first sworn by Commission duly to administer. Power reserved of making the like Grant to William Phelps Esquire the other Executor named in the said Will when he shall apply for the same.