In the name of God amen I, William Hayward of Tewkesbury in the county of Gloucester, mercer, being mindful of my mortality do make and ordain this, my last will and testament, in writing, in manner and form following, that is to say: I give and devise unto my worthy friends John Morgan, of the city of Hereford, gentleman, William Durham the elder of the parish of Willersley in the said county of Gloucester, gentleman, and William Durham the younger of the same place, gentleman, Thomas Roberts of Tewkesbury in the same county of Gloucester, gentleman, and John Cole of the same place, tailor, and to the survivors and survivor of them, all and singular my freehold messuages, lands, tenements and hereditaments whatsoever which are not settled ---------------upon my wife, in what place or places soever the same are situate, lying and being and also all and singular my copyhold of customary messuages, lands, tenements and hereditaments situate, lying and being in the Manor or parish of Cheltenham in the said county of Gloucester, by and lately surrendered to the use of my last will and testament in trust nevertheless that they, the said John Morgan, William Durham the elder, William Durham the younger, Thomas Roberts and John Cole and the survivor and survivors of them, shall and will as soon as conveniently may be after my decease, absolutely sell and dispose of my said freehold and copyhold or customary messuages, lands, tenements and hereditaments or of such part or parts thereof, as they or the survivors or survivor of them shall think fit, to the best purchaser or purchasers that can or may be reasonably had or gotten for the same and out of the money that shall be raised thereby, shall and will pay and satisfy such of my debts, legacies and the expenses of my funeral and the probate of this my will as my personal estate shall fall short of answering and satisfying and do and shall from time to time as long as my wife shall live, place and lend out at interest the residue of the money arising by such sale or sales so to be made as aforesaid in their names and in the names or names of the survivors or survivor of them or such security or securities as they or the survivors or survivor of them shall think fit, and pay, apply and dispose of the interest thereof together with the rents to and profits of my said freehold and copyhold premises in the meantime and until such sale and disposition shall be thereof made as aforesaid for and towards the maintenance and education of my children which I desire may be in --------- manner and if any or either of my sons shall be ------- scholars and so qualify for the university, I desire that my said trustees and the survivors and survivor of them will be wholly advised and directed in the management and disposition of such of my son or sons so brought up to learning by the Reverend ---- John ---- of Saint Anthonys in the city of London and Erasmus Saunders one of the fellows of Merton college Oxon or the survivors or survivor of them and my will desire is and I do hereby authorize, empower and direct my said trustees and the survivors and survivor of them if they or the major part of them shall think proper to apply and dispose of any part of the principal money to be raised by such sale or sales as aforesaid, for the advancement and promortion of any or either of my children in business or learning or otherwise as said trustees or survivors or survivor of them shall in their discretion think most beneficial and advantageous to her, him or them, and also i do hereby authorize and impower my saiod trustees and the suvivors or survivor of them at his or their discretion to mortgage my said freehold and copyhold messuages or any part or parts thereof to any person or persons from time to time for any terms or number of years or other year, or other greater estate or interest for raising such sum or sums of money as shall be needful and necessary for the answering and satisfying the several trusts and purposes aforesaid or any of them my said trustees shall think proper so to do, provided always nevertheless and my will and meaning further is notwithstanding anything hereinbefore contained, that my said trustees and the survivors or survivor of them shall and will immediately after the decease of my wife, assign, transfer aned convey, all my singular freehold and copyhold messuages, lands, tenements and hereditaments, or so much thereof if any --------- remain unsold and undisposed of for the purposes aforesaid together with all principal money arising by or from the sale thereof wiith the interest for the same and all my personal estate then remianing --------- and undisposed of for the purposes aforesaid unto my eldest son the better to enable him to pay and satisfy the money agreed to be reused by my marriage settlement for younger children's portions, and also my will and desire further to that if any and two or more of my said trustees of this my last will and testamnet shall happen to die before all the trusts are performed which are hereby in them reposed, that then the surviving trustees or trustee shall convey all and singular my said freehold and copyhold messuages and tenements and hereditaments or so much thereof if any as shall then remain unsold and also all the money arising by such sale in case any such sale shall heve been beforemade, and all my singular and personal estate then remaining and unapplied and undisposed of for the puposes aforesaid to some person or persons living in or near the town of Tewkesbury aforesaid and their heirs, to the use of them the said surviving trustees or trustee and of such other able, discreet and fit person or persons as they or the survivor of them shall choose and ------- therein to be trustees with them to make up the number five upon trust for the further performance of this my last will and testament. And then my will is that the said old and new trustees and the survivors and survivor of them shall to all intents and purposes have the same power and authority and be in and supply the place and stead of my said trustees, John Morgan, William Surman the elder, William Surman the younger, Thomas Roberts and John Cole as if they were all living, and that from time to time as often as there shall be occasion and the surviving trustees or trustee for the time being shall think, fill some of the said trusts remaining unperformed, one two or more of their number being dead they or the survivor of them shall and may take the like course as aforesaid for making their number with other fit and discreet persons to the intent and until all the said trusts shall be performed and if any question, doubt or controversy shall arise or happen touching the meaning or expositions of any thing in this will contained, my will and desire is that the same shall be fully determined by my said trustees for the time being or the major part of them and such determination to be final and conclusive to all persons whatsoever therein concerned, and my will and desire is that my said trustees or the major part of them do and shall meet together once or oftener in every year on some day by them appointed and at such place as they or the major part of them shall think fit, and at such meeting shall take an amount of my estate both real and personal whatsoever and of all rents, arrears of rents, money due and money to be paid and disposed of and of all other matters and things whatsoever touching or concerning the trust aforesaid or otherwise relating thereto, and shall enter the same into all leger books to be by them kept for that purpose which said leger book shall be kept by and remain in the hands of such of my said trustees as they or the major part of them shall agree upon and that out of it shall be taken copy or abstract for the rest of my said trustees who my desire is shall have liberty to peruse the same at all times and for saving the expense that my estate will unavoidably suffer and be put unto in case my trustees shall be obliged to pass their accounts in chancery, I do hereby order and direct and my will and meaning is that Randle Willbreham of Lincolns Inn, esquire and Kingsmill Evans of the town of ----------mouth, esquire, or either of them shall have such power and authority to peruse, settle and allow of the accounts of my said trustees from time to time and as often as the same shall be needful and that such accounts so perused, settled and allowed of shall be binding and conclusive to all persons concerned therein and shall not be liable to be impeached or called in question in any court of law or equity on any account whatsoever and likewise if any difference shall srise or happen between my said trustees touching any of the matters aforesaid which they cannot adjust and settle amongst themselves I desire that the same may be referred to the said Randle Willbreham and Kingsmill Evans or either of them whose opinion or judgement therein shall be final and conclusive and I do hereby order and direct that whatsoever sum or suims of money shall be by my said trustees or any or either of them paid to the said Randle Willbraham and Kingsmill Evans or either of them for such their advice and trouble in and about the premises shall be allowed them out of my said trust estate provided also and my will and meaning further is that my said trustees or any of them shall not be charged or chargeable with or accountable for more money, rents and profits of the said premises than what shall be by them or one of them shall be answerable for the acts or any redceipts of the other of them but each for his own acts and receipts only, and that my said trustees and the survivors and survivor of them shall and may from time to time in the first place receive, take and deduct out of the said trust estate to his and their own use and uses all such money, costs, charges, damages and expenses whatsoever as they or either of them shall pay out, expend or be put unto or- in or about any suit or suits at law or equity, travelling charges or otherwise howsoever or in respect or by reason or means of this my will or the trusts thereby in them reposed and that neither of my said trustees shall be answerable for any involuntary loss that may happen of any of the said trust money wheresoever the same or any part thereof shall be lent or placed out at interest, through the insolvency of the person or persons for whom the same shall be so lent or to answer interest for any part thereof shall remain their or either of their hands unlent. Also I give and bequeath the sum of ten pounds to be distributed amongst the poor of the parish of All Saints in the city of Hereford at the discretion of the said John Morgan within three months next after my decease, and also the further sum of ten pounds to be distributed to the amongst the poor of the parish of Saint John the Baptist, Saint Peter and Saint Nicholas in the said city of H ereford to be distributed amongst them also at the discretion of the said John Morgan within the said time. Also I give and bequeath unto the poor of the said parish of Tewkesbury the sum of five pounds to be distributed amongst them at the discrertion of my executors within the said time. Also I give and bequeath unto my loving wife and her mother Lydia Taylor one guinea each to buy a ring. Also I direct the said trustees and the survivors and survivor of them to pay such other legacies or sums of money as shall signify by writing under my hand. And lastly I do hereby constitute and appoint my said Trustees executors of this my last will and testament and do give them five pounds apiece for their trouble and do give and bequeath unto them all and singular my personal estate the better to enable them to pay my debts and discharge my funeral expenses and if there be any overplus thereof, I direct the same to be applied to and for the same uses as the money arising by the sale of my real estates is hereinbefore directed to be applied and disposed of and I do hereby give and bequeath the custody, tuition and guardianship of my children until they shall respectively attain the age of one and twenty years unto my said trustees and the survivors and survivoir of them and do hereby revoke all former wills by me made. In witness whereof I, the said William Hayward, to this my last will and testament have set my hand and seal the five and twentieth day of June in the seventeenth 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 in the year of our lord one thousand seven hundred and forty three . William Hayward.

Signed, sealed, published and declared by the testator as and for his last will and testament in the presence of us who subscribed our names as witnesses thereto at his request and in his sight and presence the erasure in part of the four and fiftieth and five anf fiftieth lines being first made.

Edward Churchill
E------- Churchill
-------- Rowlands

Proved 1743