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Will of David CALCUTT of Finstock

Will 11 Feb 1851   Codicil 29 Mar 1853   Probate 11 Jul 1854

Source: TNA no. PROB11/2194
Contributed by: Beryl Schumer Go to Translation Go to Transcript
Summary.
... I David Calcutt of Finstock ... farmer ...

NameRelationship[Comments] or Major Bequests
David CALCUTT Finstock
Elizabeth CALCUTTWife
Robert CALCUTTSon[under 21]
David CALCUTTSon & Trustee (Exec)
James CALCUTTSon[under 21]
Henry CALCUTTSon & Trustee (Exec)als LOUCH [Illegitimate son]
Henry LOUCHSon & Trustee (Exec)als CALCUTT [Illegitimate son]
Arthur SOTHAMTrusteeWootton
John CALCUTTSon
Thomas CALCUTTSon
Charles CALCUTTSon
Ann WIGZELLLegateesee Note
John WIGZELLMentionSummertown [husband of Ann]
Matilda Ann HARRISONWitness to will
J T HARRISONWitness to willWoodstock
Joseph DRINGWitness to codicilFinstock
Kisiah HADLANDWitness to codicilFinstock
 
Probate 11 Jul 1854 London (with a Codicil) ... Henry Calcutt otherwise Louch, David Calcutt the son and Arthur Sotham the Executors ...
Transcriber's Notes
Buried 25 May 1854 North Leigh.
Ann WIGZELL was his illegitimate daughter.
  Translated and paragraphed.
with some of the standard preamble and "legalese" removed.
Go to Glossary
... I David Calcutt of Finstock ... farmer ...
  • I revoke all former wills
  • I give my wife Elizabeth Calcutt and my son Robert all my household goods, furniture, chattels etc in or about my dwelling house.
  • I give my wife 50 to be paid within one month from my decease.
  • I give my sons James and Robert 300 each to be paid twelve months from my decease
  • I give my illegitimate son Henry Calcutt otherwise Louch, my son David Calcutt and my friend Arthur Sotham of Wootton, farmer, 3000 of 3¼% Bank Annuities (part of the stock standing in my name) Upon Trust to pay the dividends etc to my wife for life, and after her decease to hold the stock, dividends etc In Trust for my sons Henry, David, John, Thomas, Charles, James and Robert equally divided.
  • I give my son David and his heirs forever all my freehold and copyhold hereditaments at North Leigh, subject to the payment of 500 to my executors to be distributed as part of the residue of my personal estate
  • I give my above Trustees all my freehold and copyhold hereditaments at Finstock and Woodstock, Upon Trust to sell [all of it] and distribute the proceeds as part of the residue of my personal estate.
  • I give [the above proceeds] and all the residue of my real and personal estate to my sons Henry, David, John, Thomas, Charles, James and Robert equally divided.
  • I declare that the 650 which I have lent to Thomas, the 175 to Henry, the 175 to John, the 250 to Charles and the 500 to David, with simple interest at 4% from the times of the loans, shall be taken as part of their respective shares.
  • I appoint my sons Henry and David and Arthur Sotham Executors
  • [Usual protection for purchasers]
  • [Authorisation for Trustees to compound any debts owed to the estate]
  • [Authorisation for Trustees to use all or part of the legacies of James and Robert towards their advancement, and to apply the interest etc of their shares towards their maintenance and education
  • [Usual protection for Trustees]
  • [Permission for Trustees to recover expenses]
  • If James or Robert dies before age 21 their legacies go to my other sons equally.

  • Witnesses Matilda Ann Harrison J T Harrison atty at Law Woodstock
==================
Codicil 29 Mar 1853
  • My Executors are to give 100 to Ann the wife of John Wigzell of Summertown Oxford.

  • Witnesses Joseph Dring Finstock, Kisiah Hadland Finstock
Probate 11 Jul 1854 London (with a Codicil) ... Henry Calcutt otherwise Louch, David Calcutt the son and Arthur Sotham the Executors ...
  As transcribed from a copy of the original document.
Original line- and page-breaks are not preserved.
I David Calcutt of Finstock in the County of Oxford Farmer do hereby revoke all former wills and testamentary dispositions made by me and declare this to be my last Will and Testament
I give and bequeath unto my wife Elizabeth Calcutt and my son Robert all my household goods furniture chattels and effects whatsoever which shall be in or about my dwelling house at the time of my death
I give and bequeath unto my said wife the sum of Fifty pounds to be paid to her within one month from my decease
I give and bequeath to my son James the sum of three hundred pounds and to my said son Robert three hundred pounds to be paid to them at the end of twelve months from my decease
I give and bequeath unto my illegitimate son Henry Calcutt otherwise Louch my son David Calcutt and my friend Arthur Sotham of the Parish of Wootton in the said County of Oxford Farmer the capital sum of three thousand pounds three pounds five shillings per cent Bank Annuities (being part of the Stock now standing in my name) Upon Trust to pay the dividends thereof unto my said wife and her assigns during her life And from and after her decease to stand possessed and interested in the said trust monies stock funds and securities and the dividends thereof In Trust for my sons Henry David John Thomas Charles James and Robert equally to be divided between them share and share alike
I give and devise unto my said son David all my freehold and copyhold hereditaments at Northleigh in the said County of Oxford to hold to him and his heirs for ever Subject to the payment of five hundred pounds to my executors hereinafter named to be distributed as part of the residue of my personal estate
I give and devise unto my said sons Henry and David and the said Arthur Sotham and their heirs all my freehold and copyhold hereditaments at Finstock aforesaid and at Woodstock in the County of Oxford To hold to them and their heirs Upon Trust to sell together or in parcels by public auction or private contract with power to insert any special or other stipulations in any contract or conditions of sale as to Title or otherwise And the money therefrom arising to be distributed as a part of the residue of my personal estate
And I give devise and bequeath the same And all the rest Residue and Remainder of the real and personal estate whatsoever and wheresoever not hereinbefore devised bequeathed or disposed of or to which I am now or at the time of my death shall or may be seized possessed or entitled either at Law or in Equity for any estate or interest which can be devised or bequeathed by will or of which I may have power to dispose by this will (except what I otherwise dispose of by any codicil to this my will) unto my said sons Henry David John Thomas Charles James and Robert equally to be divided between them share and share alike
And I do hereby expressly declare my will to be that the sum of six hundred and fifty pounds which I have lent to my son Tas [Thomas?] the sum of one hundred and seventy five pounds to my son Henry the sum of one hundred and seventy five pounds to my son John the sum of Two hundred and fifty pounds to my son Charles and the sum of five hundred pounds to my Son David together with simple interest for the same after the rate of four pounds per centum per annum from the respective times of the advancement shall be considered and taken by them respectively in part of his share of the said residue
And I do hereby nominate and appoint my Sons Henry and David and the said Arthur Sotham Executors of this my will
And I declare that the receipts of my said Trustees and executors for any money payable to them under this my will shall effectually discharge the person or persons to whom the same shall be respectively given from being obliged to see to the application or from being answerable for the misapplication or non application of the money therein respectively intentioned to be received And I do authorise my said executors to accept any Composition or any security real or personal for any debts owing to me or my estate and to allow such time for the payment of any such debt or composition for a debt (either with or without taking security for the same) as to them shall seem reasonable without being liable for any loss which may be occasioned thereby
And my will is and I do hereby declare that it shall be lawful for my said executors and the survivors or survivor of them and the executors and administrators of such survivor at any time or times if they or he shall see fit so to do to raise and apply all or any part or parts of the Legacy and share of the residue of my sons James and Robert for or towards their respective preferment advancement and benefit notwithstanding the same may not have become payable And to pay and apply the interest dividends and annual produce of their Legacy and share of residue for or towards their respective maintenance and education
And I further declare that my said trustees and executors shall be chargeable respectively only for such monies as they shall respectively actually receive nor anyone be answerable for the acts of the other but each for his own acts receipts neglects or defaults And also that it shall be lawful for them by and out of the money which shall come to their hands retain and reimburse themselves respectively all costs charges damages and expences which they may suffer sustain expend disburse be at or put into in or about the execution of the said trusts or in relation thereunto
Provided always and I do hereby further declare that in case my said son James shall die before he shall attain the age of Twenty one years Then I give the monies and premises hereinbefore by me bequeathed to him unto my said other sons Henry David John Thomas Charles and Robert in equal shares
And in case my son Robert shall die before he shall attain his age of twenty one years then I give the monies and premises hereinbefore by me bequeathed to him unto my said other sons Henry David John Thomas Charles and James in equal shares
In witness whereof I the said David Calcutt the testator have to this my last Will and Testament contained in this and the two preceding sheets of paper set my hand this eleventh day of February one thousand eight hundred and fifty one David Calcutt

Signed declared and Acknowledged by the said David Calcutt the testator as his last Will and Testament in the presence of us present at the same time and who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses attesting the same
Matilda Ann Harrison J T Harrison atty at Law Woodstock Oxon

As a codicil & part of this my last Will I hereby order and instruct my within named Exors to give and pay out of my personal estate unto Ann the wife of John Wigzell of Summer Town Oxford the sum of one hundred pounds D Calcutt

Signed Declared & Acknowledged by the said David Calcutt as part of his will in the in the [sic] presence of us present at the same time & was in his presence at his request & in the presence of each other have hereunto subscribed our names as witnesses this Twenty ninth day of March 1853
Joseph Dring Finstock Oxfordshire Kisiah her marke Hadland Finstock Oxon:

Proved at London (with a Codicil) 11th July 1854 before the Worshipful Francis Thomas Pratt Doctor of Laws and Surrogate by the oaths of Henry Calcutt otherwise Louch David Calcutt the Son and Arthur Sotham the Executors to whom Admon was granted having been first sworn duly to Administer