![[logo]](../../logo100.gif "Link to OFHS front page"){kind=logo}
|
Will of John COLCUTT of Horspath
Will 3 Nov 1825 Codicil 16 May 1826 Probate 1 Feb 1827 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Summary. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Transcriber's and Editor's Notes | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Buried 11 Dec 1826 Oxford St Aldate. Also recorded in Bank of England Wills, Vol. 26 No 5753 although the amounts held vary. There said to have been described earlier as John Colcutt junior of St John’s, Oxford. Although the forenames of one trustee are mis-spelt throughout the will, they are corrected in the codicil, and there seems no point in indexing the wrong version. £20 seems poor recompense for the amount of work the trustees were landed with :-) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Translated and paragraphed. with some of the standard preamble and "legalese" removed. Go to Glossary | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
... I John Colcutt late of Oxford but now of Horsepath ... gentleman [and previously] a farmer ... [He repeatedly uses the phrase "my said trustees William Palmer William Davidson Dean and Charles Talmage their Executors Administrators and Assigns" or similar wording - this is rendered below as "my Trustees".]
Codicil 16 May 1826
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
As transcribed from a copy of the original document. Original line- and page-breaks are not preserved. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
In the Name of God Amen I John Colcutt late of the City of Oxford Gentleman but now of Horsepath in the County of Oxford Gentleman and sometime since carrying on the business of a Farmer in that place being of sound mind do make publish and declare this my last Will and Testament in manner and form following First I will and direct that my just debts funeral and testamentary expences may be duly paid out of my personal Estate not hereby specifically disposed of And I give and bequeath unto my nephews William Colcutt Richard Colcutt Edward Colcutt and James Colcutt the Sum of fifty pounds apeice of lawful money of Great Britain to and for their respective use and benefit absolutely Also I give and bequeath unto my trustees William Palmer Butler of Oriel College William Davidson Dean of Oxford Coal Merchant and Charles Talmage of Oxford Hatter their Executors and Administrators the Stock or Sum of six hundred pounds three and a half per cent Bank Annuities Upon trust to pay or otherwise permit and suffer my said Nephew James Colcutt and his Assigns to receive and take the Interest Dividends and annual proceeds thereof for and during his natural life, and from and immediately after his decease then upon trust to pay transfer and make over the said six hundred pounds three and a half per cent Bank Annuities and the future Interest dividends and proceeds thereof unto and amongst all and every the child or children of my said Nephew James Colcutt lawfully begotten who shall live to attain the age of twenty one years equally between them if more than one share and share alike with and subject to such benefit and proviso of accruer or Survivorship between them in case any of them shall die before the said ages and with such powers and provisions for their Maintenance and Advancement in the world as are hereinafter contained. Also I give and bequeath to my late servant Mary Buckingham the Sum of six shillings a week for and during the term of her natural life in case my Sister Mary Basley shall so long live And I direct my said trustees and Executors to set apart so much of my three and a half per cent Bank Annuities as shall be sufficient to answer and satisfy the said Annuity or weekly Sum of six shillings and to pay the said Sum of Six shillings a week into the proper hands of the said Mary Buckingham for her own sole and separate use and her receipts whether sole or married to be the only proper discharges for the same. But in case my said Sister Mary Basley shall happen to depart this life in the lifetime of the said Mary Buckingham then I will and direct that the said William Palmer, William Davidson Dean and Charles Talmage, their Executors, Administrators and Assigns shall stand possessed of and interested in the Stock or Sum of One thousand pounds three per cent consolidated bank Annuities part of the sum of three thousand pounds like consolidated bank Annuities hereinafter given or bequeathed to them In trust for the said Mary Basley [sic, but perhaps it should have been Mary Buckingham?] during her life and otherwise as hereinafter mentioned Upon trust to pay to or otherwise permit and suffer the said Mary Buckingham to receive and take the Interest dividends and annual proceeds of the said Stock of one thousand pounds for and during the remainder of her natural life to and for her own sole and separate use and benefit in lieu of the said weekly sum of six shillings and her receipt or receipts whether sole or married to be the only proper discharges for the same and from And from and after the decease of the said Mary Buckingham then Upon trust to pay the said Interest dividends and proceeds unto my said Nephew James Colcutt and his assigns or otherwise to permit and suffer him and them to receive and take the same for and during his natural life And from and immediately after his decease Upon trust to pay assign or transfer the said trust Stock or Sum of One thousand pounds three per cent consolidated bank Annuities and the interest and dividends thereof unto and between or amongst all and every the child or children of my said Nephew James Colcutt who shall be living at the time of the decease of the said Mary Buckingham equally to be divided between or amongst them (if more than one) share and share alike and to be vested Interests in such child or children respectively at his her or their age of twenty one years and with or subject to such proviso and benefit of accruer or Survivorship between or amongst them and subject to such powers for their maintenance and advancement in the world as are hereinafter declared or directed Also I give and bequeath unto my said trustees William Palmer William Davidson Dean and Charles Talmage their Executors Administrators and Assigns the Stock or Sum of Six hundred pounds three and a half per cent Bank Annuities Upon trust to pay the Interest dividends and proceeds thereof unto my Neice Sarah Collins the Wife of John Collins or otherwise to permit and suffer her to receive the same for and during her natural life to and for her own sole and separate use and benefit free from the controul direction debts arrangements and incumbrances of her said present or any future husband And the receipt or receipts of my said Neice or other the person or persons to whom she shall by any note or writing under her hand from time to time (after the same shall be annually due) direct the same to be paid to be sufficient discharges for the same And from and after the decease of my said Neice then Upon trust to pay assign and transfer the said last mentioned Stock or Sum of Six hundred pounds three and a half per cent Bank Annuities and the Interest dividends and proceeds thereof unto and amongst her three Sons James William Collins Charles Collins and Edward Collins at their respective ages of twenty one years equally to be divided between or amongst them share and share alike with benefit of Survivorship between or amongst them and subject to such powers for their maintenance and advancement in the World as hereinafter expressed and declared Also I give and bequeath unto my said trustees William Palmer William Davidson Dean and Charles Talmage their Executors Administrators and Assigns the Stock or Sum of Four hundred pounds in like three and a half per cent Bank Annuities upon trust to pay or otherwise permit and suffer Mary Colcutt Widow of my late brother James Colcutt to receive the Interest dividends and proceeds thereof for and during her natural life and from and immediately after her decease Then Upon trust to pay assign and transfer the said Stock or sum of Four hundred pounds three and a half per cent Bank Annuities unto and equally amongst the said James William Collins Charles Collins and Edward Collins the said three Sons of my said Neice Sarah Collins at such ages and in such or the same manner as I have hereinbefore declared or directed of and concerning their share or shares of and in the said Sum of six hundred pounds like Annuities Provided always And my Will is And I do hereby declare and direct that my said trustees and the Survivors and Survivor of them and the Executors Administrators and Assigns of such Survivor during the minority of all and every the child and children of my said nephew James Colcutt and of my said Neice Sarah Collins respectively shall and do pay apply and dispose of the clear yearly interest dividends and produce of the expectant share or shares of every such child and in the several Stocks or Funds hereby given or provided to or In trust for them respectively as aforesaid whose share shall not then be vested or due or payable as and when the same Interest and Dividends shall from time to time become due and be received (but subject Nevertheless to the determination of the previous life Interests in such share trust Stocks or funds) for and towards the maintenance and Education of every such child respectively until such his or her share or shares shall become vested or payable and transferable or he or she shall die whatever shall first happen Provided also And I do hereby further declare and direct that if any such child shall happen to depart this life before the share or shares hereby intended and provided for him or her shall become vested then the share or shares hereby intended and provided for him or her shall become such child dying as well original as accruing by virtue of this clause or provision shall from time to time go accrue and Coloag? unto the surviving children or child who by virtue of the trusts hereinbefore expressed or declared shall or may be entitled to an Interest either vested or contained contingent in the principal of each respective legacy or trust Stock or fund hereinbefore given or bequeathed and if but one such Surviving child the whole to that one and become vested in and paid and payable to him her or them at such ages and in the same manner as I have hereinbefore directed and declared concerning his her or their original share or shares respectively And also that all and every the part or share or parts or shares which by virtue of this Proviso shall go accrue or belong unto any such Surviving child or children shall in case such child or children shall depart this life before such his her or their accruing share or shares shall become vested from time to time be subject and liable to such and the same right condition and contingency of accruer or survivorship unto and for the benefit of the Surviving children or child respectively as to and concerning each distinct legacy or trust Stock or fund as is hereinbefore declared of and concerning the original share or shares of such child or children so dying as aforesaid Provided also And I do hereby further declare and direct that it shall and may be lawful to and for my said trustees or the Survivors of them or the Executors Administrators or Assigns of such Survivor at any time or times and from time to time to pay and apply any part of the expectant share or shares hereby intended and provided for the children of my said Nephew James Colcutt and of my said Neice Sarah Collins respectively of and in each legacy or fund hereby given or bequeathed in trust as aforesaid but nevertheless with the consent and Approbation of my said Nephew or Neice during their natural lives as to his or her own child or children respectively and after the decease of my said Nephew or neice then at the discretion of my trustees or trustee for the time being for the putting or placing of any such child or children in or to any business or employment or otherwise for his her or their advancement in the World notwithstanding his her or their share or respective shares shall not then have become vested or due or payable Also I give and bequeath unto the said William Palmer William Davidson Dean and Charles Talmage their Executors Administrators and Assigns the Stock or Sum of Five hundred pounds like three percent and a half bank Annuities Upon trust that they my said Trustees or the Survivors or Survivor of them or the Executors Administrators or Assigns of such Survivor do and shall pay the clear yearly interest dividends and proceeds thereof unto my Neice Elizabeth Forster Wife of William Forster for and during the term of her natural life free from the controul direction debts Engagements or incumbrances of her said present or any future husband and the receipt or receipts of my said Neice notwithstanding such her coverture or of the person or persons to whom she shall from time to time by any note or Writing under her hand direct the same to be paid After the same shall be actually due to be good and sufficient discharges for the same And from and immediately after the decease of my said Neice Elizabeth Forster then Upon trust to pay assign or transfer the Stock or Sum of One hundred pounds (part of the said principal Stock or Sum of Five hundred pounds three and a half per cent bank Annuities) unto her son William Forster for his own absolute use and benefit And Upon further trust to pay assign or transfer the Stock or Sum of Two hundred pounds other part thereof unto and for the separate use of her daughter Catherine Grimmett the wife of [blank] Grimmett her Executors or Administrators and the receipt or receipts of the said Catherine Grimett alone notwithstanding her coverture to be a good and sufficient discharge or good and sufficient discharges for the same And upon further trust to pay assign or transfer the Stock or Sum or Two hundred pounds residue or remainder of the said trust Stock or Sum of five hundred pounds residue or remainder of the said trust Stock or Sum of five hundred pounds three and a half per cent bank Annuities to Sarah Forster the other daughter of my said Neice Elizabeth Forster for her own absolute use and benefit Also I give and bequeath unto my said trustees William Palmer William Davidson Dean and Charles Talmage their Executors Administrators and Assigns the Stock or Sum of three thousand pounds three percent consolidated bank Annuities Upon trust that they my said trustees or the Survivors or Survivor of them or the Executors Administrators or Assigns of such Survivor shall and do pay the clear yearly interest dividends and proceeds thereof unto such person or persons and in such manner as my said Sister Mary Basley shall from time to time during her natural life by any note or writing under her hand direct the same to be paid And in default of such direction or Appointment Upon trust to pay the same into the proper hand of the said Mary Basley during her natural life for her own sole and separate use and benefit free from the controul direction debts Engagements or incumbrances of her present or any future husband and the receipt or receipts of the said Mary Basley notwithstanding such her coverture or of the person or persons to whom she shall from time to time direct the same to be paid (after the same shall be actually due)to be a good sufficient discharge or good and sufficient discharge or good and sufficient discharges for the same And from and immediately after the decease of my said Neice Sister Mary Basley then as to the Stock or Sum of One thousand pounds (part of the said Stock or Sum of three thousand pounds) three per cent consolidated bank Annuities Upon the trusts and to and for the intents and purposes as aforesaid declared and directed of and concerning the same for the benefit of the said Mary Buckingham during her life in the Event of her surviving my said Sister Mary Basley and otherwise as hereinbefore expressed And as to the Stock or Sum of One thousand pounds further part thereof Upon trust to pay the Interest dividends and proceeds thereof unto my said Nephew James Colcutt and his Assigns or otherwise permit and suffer him or them to receive and take the same for and during his natural life And from and after his decease then upon trust to pay assign and transfer the same Stock or Sum of One thousand pounds three percent consolidated bank Annuities and the Interest dividends and proceeds thereof unto and amongst all & every the children of my said Nephew James Colcutt at such ages subject to such or the like clause of accruer or Survivorship between or amongst them and with such and the same or the like powers of maintenance and advancement and in like manner in all respects as I have hereinbefore declared or directed of and concerning the first mentioned Stock or Sum of six hundred pounds three and a half per cent bank Annuities given and bequeathed to or In trust for my said Nephew and his children as aforesaid And as to the Stock or Sum of five hundred pounds other part of the said Stock or Sum of three thousand pounds three percent consolidated bank Annuities Upon trust to pay and apply the clear yearly interest dividends and proceeds thereof to and for the sole and separate use of my Neice the before named Elizabeth Forster and her Assigns during her natural life and her receipts to be good and sufficient discharges for the same and from and immediately after her decease Upon trust to pay assign and transfer the said principal sum of Five hundred of Five hundred pounds in the proportions and manner following that is to say the Stock or Sum of One hundred pounds part thereof unto her Son the said William Forster to and for his own absolute use and benefit the Stock or Sum of two hundred pounds other part thereof unto or for the separate use of her said daughter Catherine Grimmett her Executors or Administrators and her receipt or receipts notwithstanding her coverture to be good and sufficient discharges for the same and the Stock or Sum of two hundred pounds residue or remainder of the said Five hundred pounds three per cent consolidated bank Annuities unto her other daughter the hereinbefore named Sarah Forster to and for her own absolute use and benefit And as to the further Stock or Sum of Five hundred pounds residue or remainder of the said three thousand pounds three per cent consolidated bank Annuities Upon such and the same or like trusts for the sole and separate use of my Neice Sarah Collins during her natural life and after her decease for her said three Sons James William Collins Charles Collins and Edward Collins with such same or like clause or benefit of accruer or Survivorship between them and with such and the same or like powers and provisions for their maintenance and advancement in the world during their respective minority as I have hereinbefore declared or directed of and concerning the Stock or Sum of six hundred pounds three and a half per cent bank Annuities herein before by me given and bequeathed In trust for my said Neice Sarah Collins and her said three Sons as aforesaid Also I give and bequeath unto my said trustees William Palmer William Davidson Dean and Charles Talmage their Executors Administrators and Assigns the Stock or Sum of Five hundred pounds three and a half per cent bank Annuities Upon trust to pay assign and transfer the same and the Interest dividends and proceeds thereof and all accumulations thereof unto and amongst the five children of my late Neice Mary Giles the late Wife of James Giles namely Elizabeth Maria Harriet James and Richard equally to be divided between or amongst them share and share alike at their respective ages of twenty one years And Upon further trust that they my said trustees and the Survivors and Survivor of them And the Executors Administrators and assigns of such Survivor do and shall in the meantime and until the said children respectively shall attain such age as aforesaid from time to time lay out and invest the annual Interest dividend and proceeds of the said trust Stock or Sum In trust as an Accumulating fund for the benefit of such children respectively at their said ages of twenty one years Provided always And I do hereby declare and direct that if any such child shall happen to depart this life before such age as aforesaid then the share or shares hereby intended for each child so dying as well original as accruing by virtue of this clause or provision and all accumulations thereof shall from time to time go accrue and belong unto the Survivors or Survivor of the said Children of my said Neice Mary Giles and shall be equally divided between them if more that one and if but one the whole to that one and become vested in and paid and payable or transferrable to him her or them at such age and in such manner as I have hereinbefore directed and declared concerning his her or their original share or shares respectively And also that all and every the part or share and parts or shares which by virtue of this provisoe shall go accrue or belong unto any such surviving or other child together with all accumulations thereof shall in case such child depart this life before such his or her accruing share or shares shall become vested from time to time be subject and liable to such right uiditis? and contingency of accruer or Survivorship unto and for the benefit of the Survivors or Survivor of the said children as hereinbefore declared and concerning the original or shares of such child or children so dying as aforesaid Also I give and bequeath unto the said William Palmer William Davidson Dean and Charles Talmage their Executors Administrators and Assigns the Stock or Sum of three thousand Seven hundred pounds three per cent consolidated bank Annuities Upon trust that they my said trustees or the Survivors or Survivor of them or the Executors or Administrators of such Survivor do and shall pay and apply the interest dividends and and annual produce thereof thereof when and as the same shall become due and payable for the benefit and support of my Nephew The Reverend Daniel Basley (who is now unfortunately insane) for and during his natural life in such manner as to them my said trustees shall seem best or most for his comfort and advantage And from and after his decease then In trust for and I do hereby give and bequeath the said Sum of three thousand Seven hundred pounds three per cent consolidated bank Annuities unto the four children of the said Daniel Basley in the proportions and manner following (that is to say) the Stock or Sum of One thousand Seven hundred pounds part thereof unto his Daughter Sophia the Sum of two hundred pounds further part thereof unto his Son William the Sum of nine hundred pounds other part thereof unto his son George and the like Sum of Nine hundred pounds being the remainder thereof unto his Son Charles And Upon further trust that they my said trustees shall and do in the meantime from and after the decease of the said Daniel Basley and until his said children shall respectively attain the age of twenty one years pay and apply the dividends and interest of each such childs expectant share or proportion of the said Stock or fund for or towards his or her maintenance and Education Also I give and bequeath unto my trusty Servant and Labourer Samuel Harris the Stock or Sum of Four hundred pounds three and a half per cent bank Annuities and I give and bequeath devise to him the said Samuel Harris his heirs and Assigns the Freehold Cottage or Tenement with the Hovel and garden which he now occupies at Horsepath aforesaid together with the ground adjoining and belonging thereto as far as the posts of the rode gate at the end of the house and all the timber and trees standing and being on the said premises and together also with a right of way to the said cottage in as full and ample manner as the same is now held and enjoyed by him Also I give and bequeath unto my said trustees William Palmer William Davidson Dean and Charles Talmage their Executors Administrators and Assigns during the natural life of my Nephew Henry Colcutt one Annuity or clear yearly sum of twenty pounds of lawful money of Great Britain Upon trust that they or the Survivors or Survivor of them or the Executors or Administrators of such Survivor do and shall pay the same unto and into the proper hands of the said Henry Colcutt without any deduction or abatement by even and equal half yearly payments at the first day of May and the first day of November in every year for and during his natural life (subject Nevertheless to the Proviso or condition hereinafter contained) as an unalienable provision for his sole support and benefit and the first half yearly payment thereof to be made on such of the said days or times as shall happen next after my decease And I do hereby declare and direct that the receipt and receipts of the said Henry Collcutt alone shall from time to time be the only proper discharge and discharges to my trustees or trustees for the time being for the said Annuity It being my will and desire that the said Annuity or yearly sum of twenty pounds or any part thereof shall not be at the disposal or controul of the said Henry Colcutt and that he shall not be at liberty to deprive himself of the benefit thereof thereof by any sale assignment or charge or any other mode of Anticipation Also I give and bequeath unto my said trustees William Palmer William Davidson Dean and Charles Talmage their Executors Adm[inistrat]ors and Assigns during the natural life of my Neice Ann Basley One Annuity or clear yearly sum of Eighteen pounds of lawful Money of Great Britain Upon trust that they or the Survivors or Survivor of them or the Executors or Administrators of such Survivor do and shall pay the same unto and into the proper hands of my said neice Ann Basley free from and without any deductions or abatement by even and equal half yearly payments on the first day of May and the first day of November in every year for and during her natural life (subject Nevertheless to the proviso hereinbefore contained) as an unalienable provision for her sole and separate support and benefit and the first payment thereof to begin and be made on such of the said days as shall happen next after my decease And I do hereby declare and direct that the receipt and receipts of the said Ann Basley alone shall from time to time be the only proper discharge and discharges to my trustees or trustee for the said Annuity it being my Will that the said Annuity or yearly Sum of Eighteen pounds or any part thereof shall not be at the disposal or controul of my said neice or subject to the controul debts Engagements or incumbrances of any husband whom she may happen to marry and that it shall not be lawful for her to sell mortgage assign or charge the same or to deprive herself of the benefit thereof by any mode of anticipation or otherwise but that the same shall be applied by my trustees or trustee for the time being for the sole and peculiar benefit of my said Neice Ann Basley during her natural life Also I give and bequeath unto my said trustees William Palmer William Davidson Dean and Charles Talmage their Executors Administrators and Assigns during the natural life of Elizabeth Pike my present Housekeeper One Annuity or clear yearly Sum of Fourteen pounds of lawful Money of Great Britain Upon trust to pay the same for her separate use at the same times and in the same manner as are hereinbefore set forth in regard to the said Annuity to the said Ann Basley And I do hereby direct my said trustees and the Survivors or Survivor of them or the Executors or Administrators of such Survivor as soon as conveniently may be after my decease to lay out and invest a sufficient part of my personal Estate in their or his own name or names in the purchase of Government life Annuities or in some or one of the Public Assurance Companies for granting Annuities for lives in London or otherwise in or upon some or out of the Public Stocks or Funds or on Government Securities as a Fund to answer and pay the said three several Annuities of twenty pounds eighteen pounds and fourteen pounds hereby given as aforesaid And that the receipt or receipts of my said trustees or other the trustees or trustee for the time being of this my Will shall be good and sufficient discharges for the monies funds or Annuities which my said trustees or trustee may so receive and that the person or persons paying the same shall not afterwards be answerable or accountable for the loss misapplication or non application of the monies therein acknowledged or expressed to be received Provided always and I do hereby declare and direct that in case either of the said Henry Colcutt Ann Basley and Elizabeth Pike shall sell assign Mortgage charge or incumber his or her said Annuity or do any act whereby the same if it had been given to him or her absolutely would have become payable to any other person or persons then and immediately from thenceforth the said Annuity hereby intended or provided for him or her so selling assigning Mortgaging charging or incumbering or doing and other act as aforesaid shall cease determine and be no longer payable And as to all the rest and residue of my freehold Estates land and Hereditaments whatsoever and wheresoever situate and as to all other my personal Estate Monies in the funds chattels and Effects whatsoever and wheresoever and of what nature kind or quality soever the same may be or consist not hereinbefore specifically bequeathed and disposed of and which I may be possessed of interested in or in any way entitled unto at the time of my decease (Subject Nevertheless as to such residuary personal Estate to the payment thereout of all my just debts funeral and testamentary expences and legacies) I give devise and bequeath the same and every part thereof unto my said trustees and Executors William Palmer William Davidson Dean and Charles Talmage their Executors Administrators and Assigns [marginal insertion] according to the nature thereof respectively Upon Trust that they my said trustees and the Survivors or Survivor of them or the heirs Executors Administrators or Assigns of such Survivor do and shall pay the clear yearly rent issues and profits interest dividends and proceeds thereof into the proper hands of my Neice Mary Godfrey Talmage the Wife of the said Charles Talmage for her sole and separate use and benefit free from the controul direction debts engagements or incumbrances of her said present or any future husband and the receipt or receipts of the said Mary Godfrey Talmage alone notwithstanding her coverture or of the person or persons to whom she shall from time to time direct the same be paid to be a good and sufficient discharge or good and sufficient discharges for the same And from and immediately after the decease my said Neice Mary Godfrey Talmage Upon trust for such person or persons and in such manner in all respects as she my said Neice by her last Will and Testament in Writing or any writing in the nature or purporting to be her last Will and Testament or any Codicil or Codicils thereto to be by her duly executed in the presence of two three or more credible Witnesses shall notwithstanding her coverture direct limit or appoint give devise or dispose of the same And in default of and until such direction limitation or appointment gift devise or other disposition and in the meantime subject thereto and as to all such or such part or parts of my said residuary real and personal Estates or estate or Interest therein whereof no such direction limitation or appointment gift devise or other disposition shall be made or which shall not be effectually appointed or disposed of or pass by virtue of any such appointment devise or other disposition I give devise and bequeath the same & every part thereof unto the heirs Executors & Administrators of my said Neice Mary Godfrey Talmage according to the nature of the said Estates and property respectively Provided nevertheless and I do hereby declare that it shall and may be lawful to and for the trustees or trustee thereof for the time being at any time or time to sell or dispose of any part of my said residuary real or personal Estate with the consent and discretion of my said Neice Mary Godfrey Talmage testified in Writing under hand either by public sale or private contract and in such manner as to my said trustees or trustee shall seem best And for such purpose to convey and Assure the same and give effectual receipts or discharges for the money accruing therefrom to the purchaser or respective purchasers thereof and the coupon[?] with such consent as aforesaid to lay out and invest the monies to be derived from such sale or disposition after payment of the costs and charges attending the same in the purchase of other Freehold or leasehold land tenements or Estates or in the public Stocks or funds Upon trust and subject nevertheless to the trusts interests and purposes hereinbefore expressed and declared of and concerning my said residuary Estate and I do hereby nominate constitute and appoint the said William Palmer William Davidson Dean and Charles Talmage Ex[ecut]ors of this my Will and I give and bequeath unto every of them the Sum of nineteen pounds & nineteen shillings as some compensation for the trouble they respectively may have in taking upon them the Execution of the trusts and Executorship thereof Provided always and I do hereby give unto my said trustees and Executors the Survivors & Survivor of them and every other the trustees or trustee for the time being of all and every or any of the aforesaid trust Estate funds Securities residuary Estate and premises which may be or become vested in them or any of them upon or for any of the trusts and purposes hereinbefore declared full power and authority to call in and receive and sell transfer and dispose of all or any of the aforesaid trust funds or Securities and to give good and sufficient receipts and discharges for the monies to arise therefrom or from any other my Estate and Effects and to lay out and invest all such monies and all accumulations arising from the surplus proceeds thereof and other the monies coming to their hand under the trusts aforesaid in or upon any of the public Stocks or funds or upon any Mortgage or Mortgages or upon real or Government Securities upon or subject to the trusts and to & for the intents and purposes and subject to by with and under such and the same and the like powers as are hereby declared of and concerning such Estates Monies Stocks funds or Securities and premises so to be called in sold or disposed of and again to alter change or vary all or any such last mentioned Stock funds or securities as often as they the trustees or trustee thereof for the time being shall set occasion subject always Nevertheless to the trusts and to and for the intents and purposes and subject to the dispositions hereby declared or directed of and concerning the same Provided always and my Will is & I do hereby declare that they my said trustees and Ex[ecut]ors or any future trustee or trustees to be appointed as hereinbefore is mentioned or their or either of their heirs Executors Adm[inistrat]ors or Assigns shall not be answerable or accountable the one for the other or others of them for the Acts deeds defaults receipts payments or disbursements of the other or others of them or charged or chargeable with or accountable for any further or other Estate sum or Sums of money raib[?] issues and profits interest dividend and produce than what shall actually come into the hands of and be received by them resply [sic] notwithstanding they or any or either of them shall give or sign or join or concur in giving or signing any receipt or receipts for conformity And that they or either or any of them shall not be answerable or accountable for the insufficiency defect or failure of any Security or Securities whereon or whereon the said trust monies and premises or any part or parts thereof are or shall or may be placed out or invested or of any bank banker or bankers wherein or in whose hands or any part or parts thereof shall or may at any time or times happen to be by them or either or any of them placed or lodged for safe custody or for and other involuntary loss or damage which shall or may arise of or to any of the said trust monies estates and premises or any part thereof and also that it shall and may be lawful to and for them my said trustees and every of them from time to time and at all times to have receive retain deduct and reimburse in the first place to themselves and himself respectively and his and their Cotrustees and trustee by and out of the trust Estates monies securities funds and premises in them respectively vested or to become vested as aforesaid or the income or proceeds to arise therefrom All such loss costs charges damages and expences as they or either of them shall or may reasonably bear pay suffer sustain expend or be put unto by reason or on account of the trusts hereby in them reposed or in or about the management or execution thereof or otherwise howsoever relative thereto Provided also And my Will is And I do hereby declare that in case they my said trustees or any future trustees or trustee of the said trust premises shall die or be desirous to be discharged from or decline neglect or refuse or become incapable to act in the said trusts or any of them hereby in them reposed as aforesaid before the same trusts shall be fully executed and performed then and in such case and so often as the same shall happen it shall and may be lawful to and for the Survivors or Survivor or others or other of the trustees for the time being or for the heirs Executors or Administrators of the Survivor of them to nominate substitute and appoint any other person or persons to be a trustee or trustees in the place and stead of the present or any succeeding or other trustee or trustees who shall so die or be desirous of being discharged from or decline neglect or refuse or become incapable to act in the said trusts And that when and so often as any new trustee or trustees shall be nominated or appointed as aforesaid All the said trust Estates Monies Securities funds and Premises which were vested in the said trustee or trustees so dying or desiring to be discharged or refusing or neglecting or becoming incapable to act as aforesaid shall be thereupon with all convenient speed conveyed assigned and transferred in such sort and manner as that the same may be legally and effectually vested in such new trustee or trustees jointly with the then Surviving or continuing former trustee or trustees thereof or in such new trustee or trustees only as the case may happen Upon the trusts and for the purposes hereinbefore declared or such of them as maybe then subsisting and that every such new trustee or trustees shall and may in all things act and assist in the management carrying on and execution of the trusts to which he or they shall be appointed as fully and effectually to all intents and purposes and with the same powers and indemnities in all respects as if he or they had been originally in and by this my Will nominated and appointed trustee or trustees and as the trustees of the said trust premises respectively in this my Will named are or would be enabled to do or could have done under or by virtue of this my Will if such originally trustees had been living and continuing to act And I the said John Colcutt hereby revoking and making void all former all and other Wills by me at any time heretofore made do declare this only to be my last Will and Testament In Witness whereof I have to this my last Will and Testament contained in twelve sheets of paper set my hand and seal that is to say my hand to the first eleven sheets thereof and my hand and seal to this twelfth and last sheet this third day of November in the year of our Lord One thousand Eight hundred and twenty five John Colcutt Signed Sealed Published and declared by the above named testator John Colcutt as and for his last Will and Testament in the presence of us who at his request in his presence of us who at his request in his and in the presence of each other have subscribed our names as Witnesses thereto Elizth Goodey Benjn Tanner Thomas Horn ========================= This is a Codicil to the last Will and Testament bearing date the third day of November One thousand Eight hundred and twenty five of me John Colcutt Whereas in my said Will the Christian names of my Trustee Mr Dean are not correct such Christian names being David Williamson and not William Davidson as they stand in my Will Now I do hereby declare that no devise bequest or other matter in my said Will contained shall be affected by this my mistake and Whereas I have by my said Will bequeathed to my trustees William Palmer David Williamson Dean and Charles Talmage their Executors Administrators and Assigns during the natural life of my Neice Ann Basley An Annuity of Eighteen pounds for her benefit in manner in my said Will mentioned Now I do hereby revoke the bequest of the said Annuity and all benefit to my said Neice under the same and instead thereof do direct that my said trustees shall out of the residue of my Estate and Effects pay to my said neice in case her Aunt Sarah Collcutt shall survive my Sister Mary Basley the mother of my said Neice from the time of the decease of my said Sister till the decease of the said Sarah Colcutt the Sum of Seven shillings a week such weekly payments to be for the sole and peculiar use of my said Neice in manner mentioned in my said Will as to the said Annuity of Eighteen pounds as if all the directions therein contained were here repeated and Whereas I have by my said Will given and devised to my Servant Samuel Harris the Freehold cottage or tenement and the hovel and garden which he then and now occupies at Horspath aforesaid with some ground adjoining the same Now I do hereby in addition to the said devise to the said Samuel Harris give and devise to the said remaining part of the garden (occupied by me) lying near to the said cottage or tenement And also all my freehold close on which the same cottage or tenement has been erected with the Stable and hovel now standing in the said close and all timber and trees growing on the hereby devised heredits unto him the said Samuel Harris his heirs and Assigns forever And I confirm my said Will in all respects not hereby altered In Witness whereof I have to this Codicil to my Will set my hand and seal the sixteenth day of May One thousand Eight hundred and twenty six John Colcutt Signed Sealed Published and declared by the above named John Colcutt as and for a Codicil to his last Will and Testament in the presence of us who at his request and in the presence of each other have subscribed our names as Witnesses thereto Benjn Tanner Elizth Goodey Hay Anne Hay Proved at London with a Codicil 1st February 1827 before the Judge by the Oaths of William Palmer David Williamson Dean (in the Will written William Davidson Dean) and Charles Talmage the Executors to whom Administration was granted being first sworn (by Commissn) duly to administer | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||