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Will of Sarah COLLCUTT of Oxford St Aldate
Will 3 Dec 1835 Codicils 5 Jul 1836 & 27 Jul 1836 Probate 7 May 1838 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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| Transcriber's and Editor's Notes | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Buried 17 Apr 1838 St Aldates Records relating to this will are also found in Register Book of the Bank of England Wills, Col. 51 1838, No. 10723, 22 May 1838: £18100 Consols = £16070.5.0 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Translated and paragraphed. with some of the standard preamble and "legalese" removed. Go to Glossary | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
... I Sarah Collcutt of Oxford St Aldate, spinster ...
First Codicil 5 Jul 1836
Second Codicil 27 Jul 1836
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As transcribed from a copy of the original document. Original line- and page-breaks are not preserved. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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In the Name of God Amen I Sarah Collcutt of the parish of Saint Aldate in the City of Oxford Spinster considering the uncertainty of this life and the certainty of death and being at this time of sound and disposing mind and memory do make this my last Will and Testament in manner following that is to say I nominate and appoint my niece Mary Godfrey Talmage Executrix of this my Will and after payment of my just debts and funeral expenses and the charges of proving this my will I give and bequeath the several pecuniary legacies following to be respectively paid within two months after my decease that is to say I give to my Nephew William Collcutt of the City of Oxford the sum of one thousand four hundred pounds three pounds per centum consolidated annuities now standing in my name at the Bank of England. I give to my Nephew Richard Collcutt of the City of Oxford the like sum of one thousand four hundred pounds three pounds per centum consolidated annuities I give to my Nephew Edward Collcutt of the City of Oxford the like sum of one thousand four hundred pounds three pounds per centum consolidated annuities and I give to my Nephew James Collcutt of the City of Oxford the like sum of one thousand four hundred pounds three pounds per centum consolidated annuities and whereas I hold the promissory Note of Mr Charles Talmage late of Oxford but now of Horsepath in the County of Oxford as a security for a loan of to him of the sum of one thousand pounds now I do require that the same sum shall be repaid by him within two months after my decease and I give eight hundred pounds part thereof unto and between Elizabeth James Harriet and Richard the four children of my late Niece Mary Giles deceased the late wife of James Giles of the City of Oxford Auctioneer in equal shares share and share alike provided that if any or either of the said four children shall depart this life before me or within two months after my decease then the share or shares of him her or them so dying shall go and be paid unto between and amongst all and every the child or children of any of the said four persons Elizabeth James Harriet and Richard who shall be then dead in equal shares and proportions the child or children of any of the said four persons then deceased taking the share only which his or her or their deceased parent would be entitled to if then living and if any of the said four persons should depart this life as aforesaid without leaving any child or children him or her surviving then I do declare that the share or shares of him or her or them so dying shall go and be paid to the survivors or survivor of the said four persons in equal shares share and share alike if more than one survivor and in case all the said four persons shall depart this life before me or within two months after my decease and without leaving any child or children then the said sum of eight hundred pounds shall sink into and become part of my residuary personal estate and go and be applied according to the disposition thereof hereinafter contained and I give the sum of two hundred pounds the remaining part of the said one thousand pounds unto and between my said Nephews William Collcutt and James Collcutt equally share and share alike I give to my Nephew the Revd Daniel Basley of Luton in the County of Bedford Clerk the sum of one hundred pounds like three pounds per centum consolidated annuities now standing in my name at the Bank of England I give to my Niece Ann Basley of Horsepath in the County of Oxford Singlewoman the sum of six hundred pounds like three pounds per centum consolidated annuities I give all the wearing apparel that I shall be possessed of unto and equally between my two Nieces the said Ann Basley and the said Mary Godfrey Talmage I give to my Nephew Harry John Collcutt an annuity or clear yearly sum of twenty pounds during his life and I bequeath to my friends William Fisher of the parish of Saint Ebbe in the City of Oxford Builder and Robert Wyatt of the parish of Saint Aldate in the same City Bargemaster so much capital stock three pounds per centum consolidated annuities standing in my name at the time of my decease as shall be sufficient to purchase an annuity of twenty pounds for the said Henry John Collcutt during his natural life such annuity to be purchased either from government or from one of the public offices or Companies concerned in granted annuities as the said William Fisher and Robert Wyatt or other my trustees or trustee acting under this will shall deem expedient the said annuity to be purchased as soon as practicable after my decease and I declare that the said Henry John Collcutt shall not nor shall his pesonal representatives in case of his dying before the said annuity shall have been purchased be entitled to elect to receive the price or value of the said annuity in lieu of and in substitution for the annuity hereinbefore directed to be purchased any rule of equity to the contrary thereof notwithstanding I also give and bequeath to the said William Fisher and Robert Wyatt the capital stock or sum of eight hundred pounds three pounds per centum consolidated bank annuities upon trust to pay or apply or cause to be paid or applied the dividends interest and annual produce thence arising and as the same shall from time to time arise and become due unto my said Nephew William Collcutt and Elizabeth his wife for and during their joint and separate lives and so that if the said Elizabeth Collcutt should survive her said husband my trustees or trustee for the time being shall permit or empower her to receive the same for and during the term of her natural life for her sole and separate use exclusively of any future husband (her own receipt being then a sufficient discharge for the same) and so that neither the said William Collcutt nor the said Elizabeth his wife if she survives him shall in any event have power to alien or anticipate the same and after the decease of both the said William Collcutt and Elizabeth his wife I give and bequeath the said stock or sum of eight hundred pounds unto between and amongst all and singular the children of the said William Collcutt who shall survive him and the said Elizabeth his wife that is to say not only his children born of the body of the said Elizabeth but those born of the bodies of his the said William Collcutts two previous wives or of either of them in equal shares share and share alike I also give and bequeath to the said William Fisher and Robert Wyatt the capital stock or sum of one thousand two hundred pounds three pounds per centum consolidated annuities in trust to pay the interest dividends and annual produce thereof as the same shall from time to time become and be due and payable unto and equally betwen my two Nieces Elizabeth Forster the wife of William Forster of the City of Oxford and Sarah Collins the wife of John Collins for their respective sole and separate uses and permit the same to be received by them respectively free from the debts controul or engagements of their several present or any future husbands and the receipts of the said Elizabeth Forster and Sarah Collins respectively alone shall at all times be sufficient discharges for the same And I further direct and declare that if at any time the said Elizabeth Forster or Sarah Collins shall be minded and desirous to receeve the whole or any part of the six hundred pounds stock or sum (such being the principal amount or share of each of them of and in the said bequest of one thousand two hundred pounds stock as aforesaid) it shall be lawful for my said trustees or trustee for the time being and I do hereby direct them or him upon the said Elizabeth Forster or Sarah Collins signifying to them or him in writing her desire as aforesaid to pay and apply the whole or any part as aforesaid of the said two several sums or stock of six hundred pounds (being the half parts of the said one thousand two hundred pounds stock as aforesaid) to the said Elizabeth Forster and Sarah Collins respectively personally or as they or either of them shall from time to time direct or appoint and in default of such direction or appointment in the life time of the said Elizabeth Forster or Sarah Collins then my said trustees or trustee for the time being shall pay apply and dispose of the said one thousand and two hundred pounds stock or the said respective original or remaining shares of the said Elizabeth Forster and Sarah Collins in the same as they the said Elizabeth Forster and Sarah Collins shall by their last Will and Testament respectively direct and appoint concerning the same and as for and concerning my furniture plate linen china books cash in the house household goods and all and singular other the articles in my house at the time of my decease and all the Residue and Remainder of my moneys stock chattels rights credits and personal estate not hereinbefore specifically bequeathed of which I shall be possessed at the time of my decease or which I am empowered to dispose of I give and bequeath the same and all and singular the interest or dividends arising from any part thereof unto the said William Fisher and Robert Wyatt in trust for the said Mary Godfrey Talmage and to and for her own sole and separate use and benefit free from the debts controul or engagements of her present or any future husband and the receipt of the said Mary Godfrey Talmage alone for the same or any part or parts thereof shall at all times be a sufficient discharge to my trustees or trustee and I further direct and declare that if at any time or times the said Mary Godfrey Talmage should be minded and desirous to receive the whole or any part of the said property or residuary moneys stock or other estate it shall be lawful for my said trustees or trustee for the time being and I do hereby direct them or him upon the said Mary Godfrey Talmage signifying to them or him in writing her desire as aforesaid to give apply or pay the whole or any part as aforesaid to her the said Mary Godfrey Talmage personally or as she shall from time to time direct or appoint and in default or such direction or appointment in the life time of the said Mary Godfrey Talmage then my said trustees or trustee for the time being shall pay apply and dispose of the said residuary property moneys and stock so bequeathed for the use of the said Mary Godfrey Talmage as aforesaid or any remaining parts thereof as she the said Mary Godfrey Talmage shall by her last Will and Testament direct or appoint concerning the same provided always and I hereby declare that in case the said William Fisher and Robert Wyatt or either of them shall die in my lifetime or shall renounce the execution of the trusts hereby created or in case the said William Fisher and Robert Wyatt or any trustee or trustees to be appointed under this present provision shall die or shall be absent from the United Kingdom for the space of six calendar months at one time or shall otherwise become unwilling or unable to act in the aforesaid trusts then and so often as the same shall happen it shall be lawful for the said Mary Godfrey Talmage and after her decease or of her becoming incapable of exercising this present power then for the surviving or continuing trustee or if there be no such trustee then for the retiring or renouncing trustees or trustee for the time being or if there be no such last mentioned trustee then for the executors or administrators of the last deceased trustee to nominate any fit person or persons to supply the place or places of the trustees or trustee respectively so dying residing abroad or becoming unwilling or unable to act as aforesaid and that immediately after such appointment the said trust moneys or stocks shall be conveyed or transferred in such manner that the same may vest in such new trustees or trustee jointly with the surviving or continuing trustees or trustee or in such new trustees or trustee solely as the case may require and such new trustee or trustee [sic] shall have and be capable of exercising all the powers and authorities whatsoever hereinbefore contained in the same manner to all intents and purposes as if they he or she had been appointed trustees or trustee by this my will provided also that the trustees for the time being of this my will shall be charged and chargeable with such sums only as they respectively shall receive by virtue of the trusts hereby reposed in them notwithstanding their joining in any receipt or receipts or doing any other act for the sake of conformity and that they or any of them shall not be answerable or accountable for involuntary misfortune loss or damage which may happen in the execution of the aforesaid trusts or in relation thereto provided also and I hereby lastly declare that it shall be lawful for the said trustees or trustee for the time being by and out of the money which shall come to their or his hands by virtue of the trusts aforesaid to deduct retain and reimburse for themselves respectively or himself and also to allow to each other all costs charges damages and expenses and fees for professional advice which they or any of them may sustain disburse or incur in or about the execution of the aforesaid trusts or in relation thereto and I hereby nominate and appoint the said William Fisher and Robert Wyatt Trustees of this my will and I hereby revoke all former wills by me made and declare this to be my last Will and Testament. In Witness whereof I have hereunto set my hand and seal this third day of December in the year of our Lord one thousand eight hundred and thirty five Sarah Collcutt Signed sealed published and declared by the said Sarah Collcutt the Testatrix as and for her last Will and Testament in the presence of us who in her presence have hereunto subscribed our names as witnesses John M Davenport Oxford Robert Davenport John Broadstreet his Clerk =================== This is a Codicil to the last Will and Testament of me Sarah Collcutt of the parish of Saint Aldate in the City of Oxford Spinster. Whereas by my Will bearing date the third day of December one thousand eight hundred and thirty five I give eight hundred pounds (part of a certain sum of one thousand pounds secured by the promissory Note of Mr Charles Talmage) unto and between Elizabeth James Harriet and Richard the four children of my late Niece Mary Giles deceased the late wife of James Giles of the City of Oxford Auctioneer in equal shares share and share alike provided that if any or either of the said four children should depart this life before me or within two months after my decease then that the share or shares of him her or them so dying should go and be paid unto between and amongst all and every the child or children of any of the said four persons Elizabeth James Harriet and Richard who should be then dead in equal shares and proportions the child or children of any of the said four persons then deceased taking the share only which his her or their deceased parent would be entitled to if then living And if any of the said four persons persons should depart this life as aforesaid without leaving any child or children him or her surviving then I did declare that the share or shares of him or her surviving then I did declare that the share or shares of him her or them so dying should go to the survivors or survivor of the said four persons in equal shares share and share alike if more that one survivor and in case all the said four persons should depart this life before me or within two months after my decease and without leaving any child or children then that the said sum of eight hundred pounds should sink into and become part of my residuary personal estate and should go and be applied according to the disposition thereafter hereinafter contained now I do hereby revoke the said recited legacy and do instead thereof give unto them the said Elizabeth James Harriet and Richard the sum of one hundred pounds each to be paid and applied out of the aforesaid sum of eight hundred pounds part of the said sum secured by the Note of the said Charles Talmage with the same proviso in case of the death of any of the said four Legatees before me or within two months after my decease as is contained in my said will in that behalf so far as the same is varied only by the present bequest of one hundred pounds each in lieu of eight hundred pounds in the whole and as to the four hundred pounds which will remain of the aforesaid eight hundred pounds after payment of the legacies hereinbefore given I direct that the same shall sink into and become part of my residuary personal estate and shall belong and pass to and I hereby give and bequeath the same four hundred pounds unto William Fisher and Robert Wyatt in my will named in trust solely for my Niece Mary Godfrey Talmage therein also named for her own separate use and benefit free from the debts controul or engagements of her present or any future husband and the receipt of the said Mary Godfrey Talmage alone for the same or any part thereof shall at all times be a sufficient discharge to the said William Fisher and Robert Wyatt or any trustees or trustee for the time being And whereas in my said will the legatees William Collcutt Richard Collcutt Edward Collcutt and James Collcutt are severally called my Nephews and I am told that there would be a difficulty in proving by a Parochial Register that they are the sons of my late brother James Collcutt Now I do direct that it shall not be necessary in order to the last named legatees becoming possessed of their legacies that they or any of them should in any way formally prove themselves to be my Nephews but to prevent any dispute as to identity I declare that the said legatees are William Collcutt residing in the Parish of Saint Aldate in the City of Oxford Innkeeper Richard Collcutt residing in the Parish of Marston near to the same City Butcher Edward Collcutt residing in Walton Place in the City of Oxford accountant and James Collcutt residing at or near Jericho in the same City Tailor and I confirm the said will in every particular in which the same is not hereby altered In Witness whereof I have hereunto set my hand and seal this fifth day of July one thousand eight hundred and thirty six Sarah Collcutt Signed sealed published and declared by the Testatrix Sarah Collcutt as and to be a Codicil to her last Will and Testament in the presence of us who in her presence have hereunto subscribed our names as witnesses Eve Dean John M Davenport ====================== This is the second Codicil to the last Will and Testament of me Sarah Collcutt of the Parish of Saint Aldate in the City of Oxford Spinster whereas in and by my last Will and Testament bearing date on or about the third day of December one thousand eight hundred and thirty five I have given and bequeathed to my Nephew Edward Collcutt of the City of Oxford (in the former Codicil to my will described as residing in Walton Place in the City of Oxford accountant) the sum of one thousand four hundred pounds three pounds per cent consolidated annuities now I hereby revoke such legacy or sum and in lieu thereof I give and bequeath to my said Nephew Edward Collcutt the reduced legacy or sum of seven hundred pounds three pounds per cenum consolidated annuities and I give and bequeath the remaining sum seven hundred pounds three pounds per cenum consolidated annuities (being the residue and remainder of the aforesaid one thousand four hundred pounds) unto William Fisher and Robert Wyatt in my said will named in trust solely for my Niece Mary Godfrey Talmage therein also named for her own separate use and benefit free from the debts controul or engagements of her present or any future husband and the receipt of the said Mary Godfrey Talmage alone for the same or any part thereof shall at all times be a sufficient discharge to the said William Fisher and Robert Wyatt or any trustees or trustee for the time being And in all other respects I confirm my said Will and the said Codicil thereto. In Witness whereof I have hereunto set my hand and seal this twentyseventh day of July one thousand eight hundred and thirty six Sarah Collcutt Signed sealed published and declared by the Testatrix Sarah Collcutt as and to be the second Codicil to her last Will and Testament in the presence of us who in her presence have hereunto subscribed our names as witnesses Rebecca Hadland Oxford John M Davenport Oxford Proved at London (with two Codicils) 7th May 1838 before the Judge by Oath of Mary Godfrey Talmage (wife of Charles Talmage) the Niece having been first sworn duly to administer | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||