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estates in the counties of Monmouth and Glamorgan, and several customary estates in the county of Monmouth, which customary estates were surrendered to trustees, in trust for Sir William and his heirs; and which freehold estates, so purchased, lying in the counties of Monmouth and Glamorgan, he, in January 1730, mortgaged to Mr. John Pagett for securing £5000 and interest; and he also mortgaged all his freehold estates in the county of Brecon to other persons for securing £11,000, but he did not mortgage his customary estate in that county.

Sir William Morgan had issue by Lady Rachael, two sons, viz. William his eldest, and Edward his youngest son, and two daughters, viz. Rachael Morgan and the appellant Elizabeth, wife of the appellant William Jones.

On the 24th of April 1731, Sir William died, having previously made the following will:

In the name of God, Amen; this 3d day of April, in the year of our Lord 1731: I Sir William Morgan of Tredegar, in the county of Monmouth, Knight [329] of the Bath, being sound in mind, and of perfect memory and understanding, thanks be therefore given to Almighty God, do make and ordain this my present last will and testament, in manner and form following; (that is to say,) first and principally, I commend my soul to the hands of Almighty God, and my body to be buried in Christian manner, at the discretion of my executors herein-after named. Imprimis, I give and bequeath the use of all and singular my jewels, with their appurtenances, unto my dear and well-beloved wife, Lady Rachael Morgan, for and during her natural life; and immediately from and after her decease, I give and bequeath all my said jewels, with their appurtenances, unto my eldest son William Morgan, his heirs, executors, administrators, and assigns, for ever; but in case my said son William Morgan shall happen to die without issue of his body lawfully begotten, and living at the time of his death, then I give and bequeath all my said jewels, with their appurtenances, unto my youngest son, Edward Morgan, his heirs, executors, administrators, and assigns for ever. Item, I give unto my said dear and loving wife, my best chariot, and my best set of coach-horses; I also give unto my said wife, the use of all my household goods, and implements of household goods and furniture whatsoever, now remaining and being within my house situate, lying, and being in King-street, near St. James's Square, London, and thereunto belonging, for the term of her natural life; and after her death, I give and bequeath all the said household goods, implements of household goods and furniture, to my said eldest son William Morgan, his executors, administrators, and assigns for ever. I also give and bequeath to my eldest son William Morgan, all and singular my household goods, furniture, and implements of what nature or kind soever the same be, remaining, belonging, and being in and to my capital messuage called Tredegar-house, and in the outhouses thereunto belonging, and all my plate of all sorts and kind soever the same may be, remaining, or in any wise belonging to the said capital messuage called Tredegar-house, or remaining or being in any other place or places whatsoever; but in case my said eldest son shall happen to die without issue of his body lawfully begotten, then I bequeath and give all my said household stuff and plate last mentioned, to my said youngest son Edward Morgan, his executors, administrators, and assigns for ever.

I also give and bequeath all and singular my personal estate, goods, cattle, and chattels whatsoever, and wheresoever the same shall be, (and not herein before given,) to the most Noble William Duke of Devonshire, Sir Edmond Probyn, Knt. one of the Justices of the Court of King's Bench at Westminster, my well-beloved brother Thomas Morgan of Ruperra, in the county of Glamorgan, Esq. and John Hanbury of Pontypool, in the county of Monmouth, Esq. and the survivors and survivor of them, and the executors and administrators of such survivors or survivor, [330] upon this special trust, and to the end, intent, and purpose, that they the said William Duke of Devonshire, Sir Edmond Probyn, Thomas Morgan, and John Hanbury, and the survivor of them, shall and will sell and dispose of the same, and the money arising from such sale to be applied and paid, as far as the same shall extend and reach, for and towards the payment of my just debts with all convenient speed and for the better enabling my executors hereafter named, to pay all such debts, that shall remain unpaid, by the money arising out of my rents and arrears of rents, and by the sale of that part of my said personal estate last mentioned, and intended to be sold for that purpose; and also for the payment of my funeral expenses, and of the legacies and payments, and other disbursements hereinafter bequeathed and mentioned,