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Will of Mary COLLCUTT of Oxford St Aldates

Will 8 Jan 1822   Codicil 28 Jun 1828   Probate 16 Jan 1829

Source: ORO no. W. Cod. 223.230; 255/1/69
Contributed by: Beryl Schumer Go to Translation Go to Transcript
Summary.
... me Mary Collcutt of St Aldate ... widow ...

NameRelationship[Comments] or Major Bequests
Mary COLLCUTT Oxford St Aldates
James GILESTrustee (Exec)Oxford All Saints
William COLLCUTTSon
Henry COLLCUTTSon
Edward COLLCUTTSon
James COLLCUTTSon
Richard COLLCUTTSon
Mary Ann COLLCUTTGranddaughter[d Richard]
Elizabeth FORSTERDaughter
William FORSTERSon-in-lawSt Aldate
William FORSTERGrandson[s Elizabeth]
Catherine FORSTERGranddaughter[d Elizabeth]
Sarah FORSTERGranddaughter[d Elizabeth]
Mary GILESDaughterDeceased [with unnamed ch legatees]
Sarah COLLINSDaughter
John COLLINSSon-in-law
James William COLLINSGrandson[s Sarah]
Charles COLLINSGrandson[s Sarah]
Edward COLLINSGrandson[s Sarah]
William C BARDGETTWitness to will
Joseph BARDGETTWitness to will
Maximilian BLAGROVEWitness to codicil
William BRUNNERWitness to codicilOxford attorney
 
Probate 16 Jan 1829 Oxford with codicil ... James Giles the sole Executor named ...
Transcriber's and Editor's Notes
Buried 2 Jul 1828 Oxford St Aldates
  Translated and paragraphed.
with some of the standard preamble and "legalese" removed.
Go to Glossary
... me Mary Collcutt of St Aldate ... widow ...
  • I give James Giles of Oxford All Saints the £700 now due to me from my son William Collcutt, secured by a mortgage on his freehold premises in St Aldates, Upon Trust to call it in within twelve months after my decease and divide it as follows:
    • £100 to my son Henry Collcutt
    • £100 to my son Edward Collcutt
    • £100 to my son James Collcutt.
    • To invest £100 and pay the interest etc as and when due to my son Richard Collcutt for life; and after his decease to pay the principal £100 to his daughter Mary Ann Collcutt.
    • To invest £100 and pay the interest etc as and when due to my daughter Elizabeth Forster, wife of William Forster of St Aldate, livery stable keeper, for her own separate use for life; and after her decease to divide the principal £100 equally between her children William Forster, Catherine Forster and Sarah Forster if all are living, otherwise to the survivor(s).
    • To invest £100 in the Oxford Savings Bank in the names of all the children of my late daughter Mary Giles, to be paid with accumulated interest to each equally at age 21 with benefit of survivorship.
    • To invest the remaining £100 and pay the interest etc as and when due to my daughter Sarah Collins, wife of John Collins, for her own separate use for life, and after her decease to divide the principal £100 equally between her sons James William Collins, Charles Collins and Edward Collins if all are living, otherwise to the survivor(s).
    • All the residue of my personal estate and effects, after payment of my debts, funeral and testamentary expenses, I give to my daughter Sarah Collins for her own separate benefit.
    • The share(s) of each of my grandchildren shall be paid at age 21, and the interest etc of each one's share is to be applied in the meantime towards their maintenances and educations.
    • I declare that the receipts of my daughters Elizabeth Forster and Sarah Collins shall be sufficient discharges to my trustee for their shares of the trust monies etc notwithstanding their covertures, and my trustee shall pay the money into their own hands for their own use and benefit independent of their husbands.
    • After my debts and funeral expenses are paid, if my personal estate is insufficient for payment or investment of the above legacies, the shortage shall be proportionately abated out of each of the 7x £100.
  • [Permission for Trustee to recover expenses]
  • [Usual protection for Trustee against all but wilful default]
  • I appoint James Giles sole Executor and Trustee ... revoking all former wills

  • Witnesses William C Bardgett; Joseph Bardgett
======================
Codicil 28 Jun 1828
  • I revoke the bequest to my daughter Sarah Collins of the residue of my personal estate and effects after payment of my debts, funeral and testamentary expenses.
  • Instead I give her all my household goods and furniture and other effects in my dwelling-house at the time of my decease for her own separate benefit.
  • I direct that my son William Collcutt shall not be required to account for any interest on the £700 secured on his estate as mentioned in my will, provided that he pays my debts, funeral and testamentary expenses, and that the £100 legacies may be paid or invested for the benefit of my children and grandchildren as in my will without any deduction on account of such debts and expenses.
    I give him all the interest which may be due from him to me upon that condition.
  • I give my son William Collcutt all the residue of my personal estate for his own benefit, subject to the payment of my debts etc.
  • I ratify my will in all other respects.

  • Witnesses Maximilian Blagrove; William Brunner Att'y Oxford
Probate 16 Jan 1829 Oxford with codicil ... James Giles the sole Executor named ...
  As transcribed from a copy of the original document.
Original line- and page-breaks are not preserved.
This is the last Will and Testament of me Mary Collcutt of the Parish of Saint Aldate in the City of Oxford Widow I give and bequeath to James Giles of the Parish of All Saints in the City of Oxford aforesaid the principal sum of seven hundred pounds now due and owing to me from my son William Collcutt and secured by a mortgage upon his freehold premises in the said parish of Saint Aldate Upon the following trusts that is to say Upon Trust that he my said Trustee his Executors or Administrators do and shall within twelve months next after my decease call in and receive the said principal sum of seven hundred pounds and pay share and divide the same in the following manner that is to say One hundred pounds, part thereof to my son Henry Collcutt, One hundred pounds other part thereof to my son Edward Collcutt, One hundred pounds other part thereof to my son James Collcutt to each of whom respectively I give and bequeath the same And upon this further trust that he my said Trustee his Executors or Administrators do and shall place out at interest the sum of One hundred pounds other part thereof upon Government security and pay the interest dividends and proceeds thereof as the same shall become due and be received unto my son Richard Collcutt for and during the term of his natural life and from and immediately after his decease to pay the said principal sum of one hundred pounds to Mary Ann Collcutt daughter of my said son Richard Collcutt to whom I give and bequeath the same And upon this further trust to place out at interest upon Government Security One hundred pounds other part thereof and pay the interest proceeds and dividends thereof as the same shall become due and be received unto my daughter Elizabeth Forster wife of William Forster of the said Parish of Saint Aldate Livery Stable Keeper to and for her own sole and separate use for and during the term of her natural life And from and immediately after her decease Upon trust to pay share and divide the said principal sum of One hundred pounds unto and between William Forster Catherine Forster and Sarah Forster son and daughters of my said daughter Elizabeth Forster equally between them share and share alike if all shall be living but if not then to the survivors or survivor And upon this further trust to place out and invest in the Oxford Savings Bank One hundred pounds other part of the said sum of seven hundred pounds in the names and for the benefit of all the children of my late daughter Mary Giles equally and respectively and to be paid with the accumulated interest of each one’s share to each of them on their attaining their respective ages of twenty one years with benefit of survivorship And upon this further trust that he my said trustee his executors of administrators do and shall place out and invest the further sum of one hundred pounds other and remaining part of the said principal sum of seven hundred pounds upon Government security and pay the interest dividends and proceeds thereof from time to time as the same shall become due and be received unto my daughter Sarah Collins wife of John Collins to and for her own sole and separate use and benefit for and during the term of her natural life And from and immediately after her decease then Upon trust to pay the last mentioned principal sum of One hundred pounds unto and between James William Collins, Charles Collins and Edward Collins sons of my said daughter Sarah Collins equally between them share and share alike if all be living or if not then to the survivors or survivor of them All the rest residue and remainder of my personal Estate and Effects after payment of my just debts funeral and testamentary expences I give and bequeath to my said daughter Sarah Collins to and for her own sole and separate use and benefit And it is my will that the share or shares of each of my said grandchildren shall be paid to them respectively on their severally and respectively attaining the age of twenty one years and that the interest and profits of each ones share shall be applied in the mean time for and towards their respective maintenances and educations And it is my express will and I do hereby declare that the several and respective receipts of my said daughters Elizabeth Forster and Sarah Collins shall be good and sufficient discharges to my said Trustee his executors of administrators for their respective shares of the said trust monies and legacies notwithstanding their covertures and that my trustee doth stand and be possessed thereof till paid into their own hands for their own separate uses and benefits respectively independent of their present husbands and that the same or any part thereof shall not be subject to his their or either of their respective disposition by deed or will or be under his their or either of their controul or be liable to the payment of his their or either or either of their respective debts or engagements And I hereby declare my mind and will to be that in case after my just debts and funeral expences be paid and discharged my personal Estate shall fall short or not be sufficient for payment or investment of the several sums or legacies hereby directed to be paid or invested given and bequeathed that what shall fall short shall be proportionably abated out of each of the seven one hundred pounds so by my given and bequeathed as aforesaid And I do hereby declare my mind and will to be that my said Trustee his executors or administrators shall and may from time to time deduct and retain to him and themselves respectively by and out of the monies which by virtue of this my Will shall come to his or their hands all such loss costs charges and expences as he or they shall or may bear pay sustain or be put unto in the execution of this my Will And that he or they shall be charged and chargeable only for such sums of money as he or they shall actually receive by virtue of this my Will and shall not be answerable or accountable for any loss or damage which may happen to the aforesaid trust monies and premises unless the same shall happen by or through his or their wilful default
And lastly I do hereby nominate constitute and appoint the said James Giles sole Executor and Trustee of this my Will hereby revoking and making void all former and other Wills by me made and declaring this only to be my last Will and Testament
In Witness whereof I have to this my Will contained in three sheets of paper to the first and second sheets thereof set my hand and to the last Sheet thereof my hand and seal the eighth day of January in the year of our Lord One thousand eight hundred and twenty two Mary Collcutt
Signed sealed published and declared by the testatrix Mary Collcutt as and for her last Will and Testament in the presence of us who have subscribed our names as witnesses Will'm C Bardgett Joseph Bardgett
========================
This is a Codicil to the annexed Will of me Mary Collcutt of the parish of Saint Aldate Oxford Widow and I desire the same to be taken as part of my said Will I revoke the bequest to my daughter Sarah Collins of the residue of my personal estate and effects after payment of my just debts funeral and testamentary expenses And instead thereof I hereby give and bequeath to my said daughter Sarah Collins All my household goods and furniture and other Effects in and about my dwellinghouse at the time of my decease to & for her own sole and separate use and benefit And I do hereby expressly direct and desire that my son William Collcutt shall not be required to account for any interest on the principal sum of Seven hundred pounds secured by mortgage upon his Estate as in my said Will mentioned Provided that he my said son do and shall pay and satisfy all my just debts and funeral and testamentary expenses & that the several legacies or sums of one hundred pounds ____ may be paid to or invested for the benefit of my said children and grandchildren according to the directions of my said Will without any deduction or abatement on account of such debts and expenses And I do hereby give and bequeath all interest which may be due from my said son to me at the time of my decease upon the condition above mentioned And I hereby further give and bequeath to him my said son William Collcutt All the residue and remainder of my personal Estate whatsoever to and for his own use and benefit Subject to the payment of my debts and funeral and testamentary expenses And I ratify my Said Will in all other respects
In Witness whereof I have hereto set my hand and seal this twenty eighth day of June One thousand eight hundred and twenty eight the Mark of Mary Collcutt
Signed sealed published and declared by the said Mary Collcutt as and for a Codicil to her Will in the presence of us Maximilian Blagrove William Brunner Atty Oxford

This Will with a Codicil was proved at Oxford on the sixteenth day of January in the year of our Lord 1829 Before the Reverend William Browne Clerk Master of Arts Surrogate of the Reverend George Turner Clark Master of Arts Official Principal of the Reverend the Archdeacon of Oxford lawfully constituted by the Oath of James Giles the sole Executor therein named to whom Administration was granted being first sworn duly to administer etc.