By the Permission of Almighty God

I John De la Field Phelps of Dursley in the County of Gloucester Esquire, do hereby make and publish this my last Will and Testament in manner following, that is to sayFirst I give and bequeath unto my Beloved Wife Esther the sum of Two hundred and fifty pounds to be paid to her in twelve months next after my decease.

Item: All that my Manor of Woodmancote in the said County of Gloucester with all its Rights Members and Appurtenances and also all and singular the Messuages Lands Tenements Meadows Pasture Grounds Houses Outhouses Edifices Gardens Orchards Feedings Commons Wastes Woods underwoods ways waters Fishings Fishing Places Liberties Franchises Rents Services Courts Court Leet and Court Baron Perquisites and Profits of Courts Waifes Estrays Deodands Escheats Fines Issues Amerciaments Profits Advantages Emoluments Easements Heredits and Appurtenances whatsoever and of what kind soever the same be or by what Name or Names the same shall be called or known and to the Manor of Woodmancote aforesaid belonging or in any wise appertaining or therewith or as part thereof usually held demised occupied or enjoyed or accepted reputed deemed taken or known as part Parcel or Member thereof or of any part or Parcel thereof.

And all other the Lands and Tenements lying and being in the Parish of Dursley which I purchased of the Miss Arundells and others except the Capital Messuage Garden and Orchard with the Appurtenances thereto belonging, I give unto my said Wife Esther and her assigns for and during the Term of her natural life or so long thereof as she shall continue a Widow, Subject nevertheless to the Proviso hereinafter mentioned with respect to my Trustees receiving the Rents and Profits of the said Manor Lands and Premisses during the natural life of my Mother, and from and after the decease of my said Wife or Marriage which shall first happen, subject to the Proviso aforesaid I give and devise the same Manor Lands and Premisses to the Heirs of my Body lawfully begotten or to be begotten on the Body of my said Wife and whether born in my life time or with which my said Wife shall be ensient (sic) at the time of my decease.

(enciente: pregnant)

And for want of such Issue then I give and devise the same subject as aforesaid unto my Brother William Phelps and the Heirs of his Body lawfully Issuing. And for default of such Issue then to revert and be to my own Right Heirs for ever.And Whereas I am by my Bond bearing date the twenty-fifth day of May in the year of Our Lord One thousand Seven hundred and fifty nine become bound unto my said Mother Elizabeth Phelps in the Penal Sum of One thousand and five hundred Pounds Conditioned for the payment by me my Heirs Executors or Administrators thenceforth yearly and every year during the Term of the natural life of my said Mother unto her my said Mother her Executors Administrators or Assigns of one Annuity or yearly Sum of One Hundred and five Pounds of lawful Money of Great Britain payable Quarterly by even Portions without any manner of Deduction or Abatement

And Whereas under and by virtue of the Limitations contained in the Settlements made on my Marriage with my present Wife Esther I am seized of or entitled to the Reversion in fee of and in all the Messuages Lands Tenements and Hereditaments therein comprised expectant on the Determination of the several Estates therein limitted, Now I do hereby give and devise all such my Reversionary Estate and Interest of in and to my said settled Estates unto William Phelps of Coate in the Parish of Westbury upon Tryme in the said County of Gloucester Esquire, John Purnell of Dursley aforesaid Esquire, John Pinfold of Stinchcombe in the said County of Gloucester Esquire, and Lewis Hoskins of Dursley aforesaid Mercer In Trust that they …. my Trustees or the Survivors or Survivor of them or his Heirs do and shall pay and apply the Rents Issues and Profits thereof or so much thereof as shall be from time to time sufficient to discharge the said Annuity or yearly Sum of One hundred and five Pounds so as aforesaid payable to my said Mother and her Assigns during the Term of her natural life, and subject to the said Annuity I do hereby give and devise all such my Reversionary Estate and Interest as aforesaid to my said Brother William Phelps and the Heirs of his Body lawfully issuing. And for default of such Issue then to revert and be to my own Right Heirs for ever.

Item: All other my Messuages Lands Tenements and Hereditaments whatsoever whereof I shall die seized of my Estate of Inheritance I give and devise unto the said William Phelps of Coate, my Brother William Phelps and the said John Purnell, John Pinfold and Lewis Hoskins and to the Survivors or Survivor of them and the Heirs of such Survivor In Trust that they my said Trustees or the Survivors or Survivor of them or the Heirs of such Survivor do and shall as soon as conveniently may be after my decease sell and dispose of the same and pay and apply the Monies therefrom arising in manner as hereinafter is directed

Item: I give unto so many of my said Trustees hereinbefore named as shall Act in the Trusts under this my Will the sum of Twenty Pounds each as a small Acknowledgement for their trouble to be paid in twelve Months after my decease.

Item: All my ready Monies, Monies out at Interest and Securities for Monies Debts Rights and Credits and all other my Effects whatsoever and wheresoever situate and being whereunto I am now or at the time of my decease shall be in any ways entitled or Possessed of and not by me already settled or disposed of, my Chaise and Pair of Geldings and likewise all my Household Goods and utensils of Household Linnen China Plate Watches Rings and Jewels excepted I give devise and bequeath unto the said William Phelps of Coate, my Brother William Phelps John Purnell, John Pinfold and Lewis Hoskins and to the Survivors or Survivor of them his Heirs Executors and Administrators to for and upon the several Trusts Intents and Purposes hereinafter mentioned and declared concerning the same, that is to say:

In Trust that they my said Trustees or the Survivors or Survivor of them or the Heirs Executors or Administrators of such Survivor do and shall sell and dispose of my said Estate and Effects and call in all or any part of my Monies out at Interest And by and out of such Monies and also by and out of the Monies arising from the sale of my Real Estate and in the mean time and until such Sale or Sales shall be made, by and out of the Rents Issues and Profits as well Real as Personal Estate In Trust that they my said Trustees or the Survivors or Survivor of them or the Heirs Executors or Administrators of such Survivor do and shall thereout in the first Place pay and discharge all my just Debts Legacies and funeral Expenses And from and after the payment thereof then In Trust that they my said Trustees or the Survivors or Survivor of them his Heirs Executors or Administrators do and shall place forth the Residue of the Monies arising from my said Estates and Effects and all other Monies whatsoever, out at Interest in their own Names or in the Names or Name of the Survivors or Survivor of them his Executors or Admons on such good and sufficient Security or Securities as to them shall seem meet and shall likewise call in any of my Monies out at Interest on any Security or Securities whatsoever and place the same out again in manner as aforesaid

And In Trust that they my said Trustees or the Survivors or Survivor of them his Heirs Executors or Administrators do and shall pay and apply the Rents Issues and Profits of my said Real and Personal Estates until such Sale or Sales shall be made as aforesaid, and also the Interest and Produce of all my said Monies and Effects during the natural life of my said Mother for and in Discharge of the said Annuity or yearly Sum of One Hundred and five Pounds according to the condition of the said recited Bond or Obligation and that the Overplus if any after payment of the said Annuity as aforesaid from time to time, to apply and dispose of in the same manner as the whole Interest and Produce of my said Monies and Effects is directed to be applied and disposed of after the said Annuity shall cease.

And from and after the decease of my said Mother then In Trust that they my said Trustees or the Survivors or Survivor of them or the Heirs Executors or Administrators of such Survivor do and shall pay apply and dispose of the Interest and Produce of my Monies and Effects from time to time as the same shall be received for and towards the Maintenance Education and bringing up of all and every the Child and Children by me begotten or to be begotten on the Body of my Wife and whether born in my life time or with which my said Wife shall be ensient at the time of my decease until he she or they shall attain his her or their respective Age or Ages of twenty One Years or Day or Days of Marriage which shall first happen, and when and as soon as he she or they shall have attained the respective Age or Ages as aforesaid or be married, then In Trust to pay distribute and divide the said Monies and Effects equally amongst all my Children except an Eldest Son, if more than one Share and Share alike. And if but one besides an Eldest Son, then In Trust to pay the whole to such one Child. And in case of the death of all of them under Age and unmarried leaving an Eldest Son, then In Trust to pay the whole to such Eldest Son. But in case I shall dye and leave no Child or Children begotten as aforesaid by me at the time of my decease, or that leaving such Child or Children all of them shall dye under the Age of Twenty One years and unmarried, then In Trust to pay retain and distribute and divide the Monies and Effects equally to and amongst my said Brother William Phelps and my three Sisters Elizabeth the Wife of Mr William Moore, Ann Phelps and Mary Phelps, Share and Share alike. And in case my said Brother or any or either of my said Sisters shall happen to dye before the said Monies and Effects by Virtue of the Trusts hereby declared shall become payable, leaving any Issue of his her or their Body or Bodies lawfully begotten, then in such case my Will is that my said Trustees or the Survivors or Survivor of them or the Heirs Executors or Administrators of such Survivor do and shall pay and distribute the Share or Shares as the case shall happen of him her or them so dying, equally to and amongst his her or their Issue if more than one, and if but one then to pay the whole to such only one. But in case my said Brother or any or either of my said Sisters shall dye without leaving any Issue of his or her or their Body or Bodies lawfully begotten, or leaving such Issue, all of them shall likewise dye before the Monies shall become payable as aforesaid, then In Trust to pay and distribute the said Monies equally to and amongst the Survivors of them if more than one, and if but one then to pay the whole to such only one so Surviving, and to for and upon none other Trust Intent or Purpose whatsoever, Provided nevertheless and my Will and meaning is that in case my said Real and Personal Effects and other Effects hereinbefore given to my said Trustees for the discharging of the said Annuity or yearly Sum of One hundred and five Pounds shall not be sufficient to pay and discharge the same from time to time as it shall become payable then and in such case I do hereby order and direct my said Trustees and the Survivors or Survivor of them and the Heirs Executors or Administrators of such Survivor to receive and take all or any part of the Rents Issues and Profits of my said Manor of Woodmancote and of all and singular the Messuages Lands Tenements Hereditaments and other Appurtenances thereto belonging, for the better enabling them to discharge the said Annuity or yearly Sum of One hundred and five Pounds as aforesaid and I do hereby give and devise the said Manor Lands and Premisses unto my said Trustees and the Survivors or Survivor of them and the Heirs of such Survivor during the life of my said Mother for that purpose. And my Will is also that in case the Rents and Profits of my said Manor Lands and Premisses and other my Real Estate and the Interest and Produce of my Personal Estate shall not be sufficient to pay and discharge the said Annuity as the same shall become due, then and in such case I do hereby order and direct my said Trustees and the Survivors or Survivor of them his Heirs Executors or Administrators to break in and upon the Principal Monies arising out of my Real and Personal Estates or by Sale of all or any part of my said Manor Lands and Premisses as to them or any or either of them shall seem meet, in order that the said Annuity may at all times be paid as the same shall become due. And my Will and desire is that this Clause may be and shall be taken and construed to be as effectual and of the like Force as if I had given the said Manor Lands and Premisses to my said Trustees before the same had been limitted (sic) to any other use or Estate whatsoever anything herein contained to the contrary thereof notwithstanding. Provided also and my Will and meaning is that the Reversionary Estate hereinbefore made chargeable with the payment of the said Annuity or yearly Sum as aforesaid shall not be charged or chargeable with the same unless the Rents and profits of my Manor Lands and Premisses and of my other Real Estate and the Interest and Produce of my Personal Estate shall prove insufficient for the discharging of the same Annuity, anything herein contained to the contrary notwithstanding. Provided, and my Will and meaning further is that it may be lawful to and for my said Trustees and the Survivors or Survivor of them and the Heirs Executors or Administrators of such Survivor by and out of the said Trust Estates and Effects to reimburse and satisfy themselves and each and every of them all such Sum and Sums of Money Costs Charges Damages Troubles and Expenses whatsoever which they or any or either of them shall or may lay out sustain incur suffer expend or be any ways put unto in or about the Execution of any or either of the Trusts hereby in them or any or either of them reposed or any thing relating thereto. And that they nor any or either of them shall be answerable or accountable for the Insufficiency of any of the Tenant or Tenants of the Trust Estates nor for the Insufficiency of any Security or Securities whereon any of the Trust Monies shall be placed out, Nor for any losses or misfortunes that shall or may happen thereto or to any part thereof, nor shall they or any or either of them be answerable or accountable for any more Monies than he or they shall respectively actually receive, Nor for any Loss that shall or may happen to the said Monies by depositing the same for safe custody in the hands of any Person or Persons whatsoever, Nor shall the one of them be answerable or accountable for the Acts Receipts or Defaults of the other or others of them but each and every of them for his and their own Acts Receipts and wilful Neglects or defaults only.

Item I do hereby give and bequeath my Chaise and Pair of Geldings and all my Household Goods and utensils of Household Linnen China Plate Watches Rings and Jewels unto my said Wife to and for her own use for ever and I do hereby nominate and appoint my said Wife my said Brother William Phelps and the said John Pinfold Guardians of all and every my Child and Children during his her or their Minority or Minorities.And Lastly I do hereby nominate and appoint the said William Phelps of Coate, my Brother William Phelps, John Purnell, John Pinfold and Lewis Hoskins Executors in Trust of this my Will for the purposes aforesaid, hereby revoking all former Wills by me heretofore made and do declare this to be my last Will and Testament

In Witness whereof I the said John De la Field Phelps the Testator have to this my last Will and Testament written and contained in Ten Sheets of Paper to the first nine Sheets hereof set my hand and to this last Sheet have set my hand and Seal this fifth day of August in the Year of Our Lord One Thousand Seven hundred and sixty three, De La F Phelps, signed Sealed Published and declared by the said John De la Field Phelps the Testator as and for his last Will and Testament in the presence of us who at his request and in his presence and in the Presence of each other have Subscribed our Names as Witnesses thereto

Martha Vizard Nichs Cousins Will Vizard

This Will was proved at London the third day of June in the year of Our Lord One thousand Seven hundred and Seventy One before the Right Worshipful George Hay Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oaths of John Pinfold Esquire and Lewis Hoskins two of the Surviving Executors named in the Will to whom Administration was granted of all and singular the Goods Chattels and Credits of the deceased, having been first sworn duly to Administer. Power reserved of making the like Grant to William Phelps the Brother of the said deceased and John Purnell Esquire the other surviving Executors named in the said Will when they or either of them shall apply for the same.

This Will was proved at London the twenty first day of July in the year of Our Lord One thousand Seven hundred and Seventy two before the Right Worshipful George Hay Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oath of William Phelps the Brother of the deceased and one other of the surviving Executors named in the 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 John Purnell the other surviving Executor named in the said Will when he shall apply for the same.

appurtenances The rights and duties attached to the holding of manorial land. The most important were submission to the manor court, grazing rights and the payment of various fines to the lord of the manor. A pew, or part of a pew, in church was often an 'appurtenance' of a specific house in the parish

underwood: brushwood

court leet was a historical court baron (a type of manorial court)

waif: an item of ownerless and unclaimed property found on a landowner's territory;

stray refers to a domestic animal that had wandered onto the same land. A grant of waif and stray permitted the landowner to take ownership of such goods or animals if they remained unclaimed after a set period.

deodand a thing forfeited or given to God, specifically an object or instrument that becomes forfeited because it has caused a person's death.

Escheat: a common law doctrine that transfers the real property of a person who has died without heirs to the Crown or state.

amercement: a financial penalty in English law, common during the Middle Ages, imposed either by the court or by peers

easement: right of use without ownership e.g. a right-of-way.

heredits: abbreviation for hereditaments: any kind of property that can be inherited.

demised: legal term for the transfer of an estate, especially by lease

seized of: received freehold possession