There are letters indicating that an elder brother responsible for executing the father's will is still struggling to come to terms with agreed upon payments when the youngest brother reached his majority 13 years following their father's death. Income from various different enterprises are given to different family members over a number of years.

In another will, the nephew inherits the homestead on the understanding that he pays the niece a sum of money, which he never does. Other than questioning the young man's morals and a good fifty years of tut-tutting, nothing more came of the matter.

Perhaps it was redress to the non-payment of this sort of agreement that was at issue. Some of these instructions can see terribly vague. It's difficult to know whom is being left what, with the instructions as to what is to be done with incomes and such in the meantime, and remainders in the end.

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Ancestry: National Probate Records

Name: William DAVIES

Probate Date: 11 February 1862

Death Date: 21 December 1858

Death Place: Gloucestershire, England

Registry: Principal Registry

11 February 1862

DAVIES William (effects under £20)

The Will of William DAVIES of West Dean in the County of Gloucester Wood Collier, deceased who died 21 December 1858 at Breams Eaves aforesaid was proved at the Principal Registry by the oath of Thomas NEARY of 7A Brook Street, Grosvenor-square in the County of Middlesex, Messenger to the Grand Junction Waterworks Company the sole Executor.

Grand Junction Waterworks Company

http://en.wikipedia.org/wiki/Grand_Junction_Waterworks_Company

Still trying to find more information on this case but at least this website will help put things in a clearer context

janet

? William DAVIS - what was his estate worth

http://www.measuringworth.com/ukcompare/index.php

Looking at the above website : £22 . You would need to have £1,932.00 today for the equivalent purchasing power.

? No idea what Gale Rent costs were in the mid 19th century.

Looking at the Gloucestershire Records Office - Gales were a plot of land used by freeminers

Freeminers

http://www.gloucestershire.gov.uk/archives/CHttpHandler.ashx?id=56536&p=0

Maria Priest married Thomas Jenkins (as per previous thread)
One of their sons, Shadrach Jenkins married Sarah Davis - father William Davis.
On William's death in 1858, Thomas Neary (who married Hannah Davis, also daughter of William)was appointed execetor of William Davis's will.

It took just over 3 years to prove the will (1862) and at that point James Morse took out a lawsuit against William Davis's estate (in 1862)via the execetor Thomas Neary (see other previous thread).

I have the bill of complaint taken out with the Lord Chancellor and the Interogatories but can't find out what happened next i.e. what the outcome was.

Was just wondering if anything was known about it via the Morse family or even if it made the newspapers locally in Gloucestershire.

Was also wondering why it took so long to prove the will. Land and property was bequeathed in the Davis will but it was a payment of £22 that was involved in the lawsuit. Couls this possibly be gale rent owed?

Janet

http://forum.forest-of-dean.net/index.php?id=44286

Thomas JENKINS 1785 married Maria PRIEST - Newland - 17 September 1811

http://forum.forest-of-dean.net/index.php?id=44106

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James MORSE (1861 census very faint)

Newland, District 9 - page 12 of 18

MORSE

James - 61, Farmer and Grocer born West Dean
Sarah - 52 - born Bream
Thomas KEAR - age 22 - adopted son - Iron Miner, born West Dean
Louisa WORGAN - House Servant, age 19 - born West Dean
Alfred HERBERT - Servant, age 29, Carter, born Monmouth Dixton

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1851 Census, Newland
Woodside

James MORSE - 51 - Farmer of 15 acres and grocer, born West Dean
Sarah MORSE - 42 - born Bream
Thomas KEAR - 12 - adopted son - born West Dean **

*** According to Public Members Tree on Ancestry: Thomas was the son of Thomas KEAR and Eliza and on the 1841 census Bream Eaves (transcribed as REAVE)

Thomas - 24
Eliza - 24 (nee PREEST) (father : Thomas PRIEST, Collier - re marriage records)
Thomas -2 (on this tree, Thomas married Louse CATHCART - 9 April 1864 - witnesses: Helen, her sister & James MORSE)***
Anne - 1

house before that a BEACH family (again in previous threads re DAVIES/PREEST etc)

Thomas BEACH - 35
Sarah - 30
Eliza - 5
Ann - 3

____

Thomas KEAR married Elizabeth PRIEST - 22 September 1838, Newland (father Thomas PRIEST)
Thomas KEAR baptised - 14 April 1839

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***

Fod Records

Marriage 9 April 1864 (Bream)

Thomas KEAR aged 25, Bachelor, Farmer, residence: Bream Woodside
father: Thomas KEAR, Innkeeper

married

Louise CATHCART - aged 26, Spinster, residence, Bream Woodside

father: Robert James CATHCART, Solicitor

by Licence:

witnesses: James MORSE and Helen CATHCART

I was wondering if anyone knew more details of the case and how it was resolved.

Janet