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Will of Philip COCKBILL of Clanfield

Will 29 Sep 1846   Codicils 2 Mar 1847; 8 Sep 1847; 27 Jan 1848   Probate 3 Feb 1849

Source: TNA no. PROB 11/2087
Contributed by: Steve Brain Go to Translation Go to Transcript
Summary.
... me Philip Cockbill of Clanfield ... wheelwright ...

NameRelationship[Comments] or Major Bequests
Philip COCKBILL Clanfield
unnamed COCKBILLWifeDeceased
William MONKOld TrusteeAston
Stephen HUDSONOld TrusteeBampton
James TOWNSENDTenant
Dinah OWENSister
Rachel SHAYLORSister
William SEARYWife's brotherDeceased
John SEARYNephew[s William]
Sarah KIRKMAN?Niece[d William SEARY]
John KIRKMAN?Mention[husband of Sarah]
James SEARYWife's brother[with children]
Jane TOWNSENDWife's sisterDeceased
Humphrey TOWNSENDNephew[s Jane]
David TOWNSENDNephew[s Jane]
Abigail FARMERLegateeFilkins
Mr FARMERMentionDeceased [husband of Abigail]
Ann DEVERELLWife's sister
William DEVERELLNephew[s Ann]
John DEVERELLNephewDeceased [s Ann, with children]
Sarah LOCKWife's sisterDeceased
John LOCKNephew[s Sarah, with children]
Harriet TOWNSENDWife’s Niece
Richard TOWNSENDNew Trustee (Exec)Cote House Bampton
David TOWNSEND JrNew Trustee (Exec)Aston
 
James ROSEWitness to will & Cod2&3Bampton [solicitor]
R H BULLENWitness to will
William TOWNSENDWitness to Cod1Faringdon
James TOWNSENDWitness to Cod1&2Clanfield
Thomas COLLETTWitness to Cod3
 
Probate 3 Feb 1849 London (with three codicils) ... Richard Townsend and David Townsend Jr the executors named on the third codicil ...
Transcriber's Notes
The following details are believed to be true but should not be totally relied upon:
Testator: son of Phillip (1818 qv)
  Translated and paragraphed.
with some of the standard preamble and "legalese" removed.
Go to Glossary
... me Philip Cockbill of Clanfield ... wheelwright ...

[He repeatedly uses the phrase "my said trustees and of the survivor of them and of the heirs executors or administrators of such survivor" or similar wording. This is rendered below as "my Trustees"]
  • I give to my friends William Monk.of Aston ... Bampton, yeoman, and Stephen Hudson of Bampton, gentleman, my messuage or tenement, outhouses, garden etc in Clanfield in my own and James Townsend’s occupation, and all my interest therein Upon Trust [to sell it all] and hold the proceeds (after expenses) for the following purposes:
    • To retain £60 for the purpose mentioned below.
    • To pay £15 to my sister Dinah Owen.
    • To pay the residue to my sister Rachel Shaylor.
    • [Usual protection for purchasers]
  • I give to William Monk and Stephen Hudson all my funded property, consolidated long annuities amounting to £242 6s 10d and all other [securities] and all dividends, to hold them together with the above £60 Upon Trust to pay my debts and funeral and testamentary expenses, to retain to themselves one guinea apiece, and to distribute the residue as follows:
    • One sixth part equally between John Seary and Sarah the wife of John Kirkman? the two children of my late wife’s brother William Seary deceased
    • One sixth part equally to the children of my wife’s brother James Seary.
    • One sixth part equally to the children of my late wife’s sister Jane Townsend deceased (except her son, Humphrey Townsend)
    • One sixth part to Abigail the wife of Mr Farmer, late of Filkins deceased.
    • One sixth part as follows:
      • Half to William the son of my late wife’s sister Anne Deverell.
      • The other half equally to the children of John Deverell deceased another son of Ann Deverell.
      • If my trustees think fit [they may] pay the shares of the children of John Deverill to their uncle William Deverell In Trust to be applied for their benefit or rearranged at age 21 as my trustees or William Deverell may think fit [with protection for trustees if they do so]
    • The remaining sixth part to be paid to the children of John Lock, son of my late wife’s sister Sarah Lock deceased, at 21 or earlier if my trustees think fit.
  • My legacies shall not be subject to the debts etc of husbands of the married legatees but shall be paid to the legatees only notwithstanding any coverture; and notwithstanding the minority of any of the legatees (or of any future inheritor) [usual protection for executors].
  • All the legacies shall be paid to those legatees who are of age at the time of my decease or within one year of it.
  • If any of the legatees dies before me then his/her share shall be paid to his/her next of kin.
  • I give my late wife’s niece Harriet Townsend my mahogany dining table, tea-chest and tea board and my pictures.
  • All the residue of my personal effects, household furniture (except the household furniture, plate, linen and goods that belonged to my wife, which I give to my trustees either to divide or if more convenient to sell and to pay the proceeds amongst the legatees that are entitled to shares of the property given to them as relatives of my late wife), ready money, wearing apparel and personal estate not already disposed, I give to my sister Rachael Shaylor absolutely.
  • If either of my sisters should die before me then I give her share to her next of kin.
  • I appoint William Monk and Stephen Hudson joint executors

  • Witnesses James Rose solicitor Bampton; R H Bullen his clerk
====================================
Codicil 2 Mar 1847
  • Whereas I have given certain funded property etc Upon Trust to pay one sixth part to the children of my late wife’s sister Jane Townsend (except her son Humphrey) equally.
  • Now I direct my trustees to pay the share of David Townsend (one of such children) at one guinea p a until the whole is paid (without interest) without any power of anticipation.
  • If David Townsend dies before the whole of his share is paid then I give the rest to the other children of Jane Townsend (except Humphrey) equally
  • I confirm my will in all other respects

  • Witnesses William Townsend of Faringdon James Townsend of Clanfield
====================================
Codicil 8 Sep 1847
  • Whereas I have made various bequests to my sister Rachael Shaylor (deceased) and her next of kin.
  • Now I revoke them and I give them to my sister Dinah Owen and if she dies before me to her next of kin.

  • Witnesses James Rose James Townsend
====================================
Codicil 27 Jan 1848
  • Whereas I have appointed William Monk now lately deceased and Stephen Hudson as trustees and executors.
  • I revoke the said appointments and all the bequests powers and authorities given to them.
  • Instead I appoint my friend Richard Townsend of Cote(?) House Bampton and David Townsend Jr of Aston ... Bampton, yeoman, joint trustees and executors and give to them all the bequests powers and authorities [which were] given to William Monk and Stephen Hudson and I also give to my new trustees the legacy of one guinea each

  • Witnesses James Rose Thomas Collett
Probate 3 Feb 1849 London (with three codicils) ... Richard Townsend and David Townsend Jr the executors named on the third codicil ...
  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 Philip Cockbill of Clanfield in the county of Oxford wheelwright made this twenty ninth day of September one thousand eight hundred and forty six as follows: I give and devise unto my friends William Monk.of Aston in the parish of Bampton in the said county of Oxford Yeoman and Stephen Hudson of Bampton aforesaid Gentleman all that my messuage or tenement outhouses garden and appurtenancies in Clanfield aforesaid in my own and James Townsend’s occupation and all my estate and interest therein to hold to them their heirs and agents for ever upon trust to sell and dispose of the same either by public auction or private contract to any person or persons whomsoever for the best price or prices that may be obtained for the same with full power to enter into and make and execute all such contracts agreements conveyances deals and acts as they or that survivor of them his heir and executors or administrators shall deem expedient or proper and stand possessed of the money arising from the sale or sales after deducting the expenses attending the same upon trust to retain the sum of sixty pounds part of the said purchase money upon trust and for the purpose aftermentioned and then upon trust after paying thereout fifteen pounds to my sister Dinah Owen to pay the total residue thereof unto my sister Rachel Shaylor provided always and I declare that the receipt and provisioning of my said trustees and of the survivor of them and of the heirs executors or administrators of such survivor for such purchase money and for any sum or sums of money which shall in such receipt or receipts be expressed or acknowledged to be received shall be a sufficient and effectual discharge for the same and the purchaser or respective purchasers or person or persons to whom the same shall be given his /her and their heirs and executors administrators and agents shall not afterwards be answerable or accountable for any loss misappropriation or non-application or be in anywise obliged or concerned to see to the applications of the money therein mentioned or acknowledged to be received or any part thereof I also give and bequeath unto the said William Monk and Stephen Hudson all my funded property consolidated long annuities amounting to two hundred and forty two pounds six shillings and ten pence and all other bank stock or funds and property that may be standing in my name in the books of the Governor and the Company of the Bank of England or belonging to me at the time of my decease and all dividends set thereon upon trust to stand possessed of the same funds property and dividends together with the said sum of sixty pounds as sureties to be retained by my said trustees as aforesaid upon trust thereout in the first place to pay all my just debts and funeral and testamentary expenses and to retain to themselves one guinea apiece and as to the clear residue upon trust as to one equal sixth part or share thereof to pay the same unto and equally between John Seary and Sarah the wife of John Kirkman (?) the two children of my late wife’s brother William Seary deceased as to one other sixth part thereof to pay to the children of my wife’s brother James Seary share and share alike one other sixth part equally to the children of my late wife’s sister Jane Townsend deceased (except her son Humphrey Townsend) one other sixth part thereof to Abigail the wife of Mr Farmer late of Filkins in Oxon deceased one other sixth part thereof as follows one half thereof to William the son of my late wife’s sister Anne Deverell and the other half to the children equally of John Deverell deceased another son of the said Ann Deverell and if my said trustees or the survivors of them think fit or if it shall be lawful of them to pay the part or share so given to the children of the said John Deverill unto their uncle the said William Deverell in trust and to be applied for their benefit or otherwise ordering at twenty one years of age as my said trustees or the said William Deverell may think proper and in case of the said sixth part or share being paid to the said William Deverell in trust as aforesaid his receipt for the same shall be sufficient to my said trustees and discharge them from seeing to the application thereof and as to the remaining sixth part upon trust to pay the same to the children of John Lock the son of my late wife’s sister Sarah Lock deceased at twenty one or surviving minority as my trustee or the survivor shall think expedient or proper and I direct that the same legacies or other monies given by this my will shall not be subject to the debts or engagements of the several husbands whether present or future of the married legatees but shall be paid unto the proper hands of such legatees only and their several receipts alone without their husbands and notwithstanding any coverture and also notwithstanding the minority of any of the said legatees (or the minority of any person or persons that may eventually under this will be entitled to any share or portions of my property) shall be a sufficient release and discharge to the person or persons paying the same all of which said legacies shall be paid to those legatees who may be of age at the time of my decease or within one year of my decease or within one year of my death provided always and I declare it to be my will that in the event of any of the said legatees of my said personal property dying before me then the part or share of him or her so dying shall be paid to his or her next of kin according to the statutes of distributions I give to my late wife’s niece Harriet Townsend my mahogany dining table tea-chest and tea board and my pictures All the rest and residue of my personal effects household furniture (except the household furniture plate linen and goods that late belonged to my wife which I give to my said trustees either to divide the same or if more convenient to sell the same and pay the product of such sale unto and amongst the aforesaid legatees that are entitled to a sixth share of the aforesaid property given to them as relatives of my late wife in the same manner as directed with respect as to such sixth shares) ready or money wearing apparel and personal estate whatsoever not before disposed to my said sister Rachael Shaylor absolutely for her own use and benefit and in case either of my said sisters should die before me then I give the part or share of her so dying unto her next of kin according to the status of distributions I appoint the said William Monk and Stephen Hudson joint executors of this my will and direct that the one shall not be answerable for the other but care for himself only and for his own respective acts goods receipts neglects and wilful defaults only In witness whereof I the said Philip Cockbill the testator have to this my last will and testament contained in four sheets of paper set my hand this day and year first above written – Philip Cockbill.
Signed by the said testator as and for his last will and testament in the presence of us present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses after the interlineation of the words ‘James Townsend’ in the first sheet James Rose solicitor Bampton R H Bullen his clerk
====================================
This is a codicil to my above will whereas I have given certain funded property and moneys in my said will particularly described to legatees upon trust to pay one sixth part thereof as therein mentioned unto the children equally of my late wife’s sister Jane Townsend (except her son Humphrey) now I hereby direct my said trustees to pay the share of David Townsend one of such children at a rate of one guinea per annum until the whole share shall be paid but without said interest for the unpaid part thereof and for which said instalments his receipt shall be the only sufficient ……….. but so that he shall not be able to charge sell assign or dispose of the same in any mode of anticipation and if the said David Townsend should die before the whole of his share shall be paid then I give the unpaid part thereof unto the other of the children equally of the said Jane Townsend (except Humphrey) and I confirm my said will in all other respects as witness my hand this second day of March one thousand eight hundred and forty seven Philip Cockbill signed by the said testator as a codicil to his last will and testament in the presence of us present at the same time and at his request in his presence and on the presence of each other have subscribed our names as witnesses William Townsend of Faringdon James Townsend of Clanfield
====================================
This is a second codicil to my above will bearing date of the 29th day of September 1846 whereas I have in my said will made various bequests in favour of my sister Rachael Shaylor (deceased) and her next of kin now I hereby revoke all such bequests in favour of the said Rachael Shaylor and in lieu thereof I give the whole of such bequests unto my sister Dinah Owen in my said will named and in case of her death before me to her next of kin according to the statute of distributions dated this eighth day of September one thousand eight hundred and forty seven Philip Cockbill signed by the said testator as a codicil to his last will and testament in the presence of us present at the same time as was his request in his presence and in the presence of each other have subscribed our names as witnesses James Rose James Townsend
====================================
This is a third codicil to my annexed will bearing the date of the twenty ninth day of September one thousand eight hundred and forty six. Whereas I have in my said will appointed William Monk now lately deceased and Stephen Hudson therein described trustees and executors thereof I hereby revoke the said appointments and all the various bequests powers and authorities therein made or given to them and instead thereof I nominate constitute and appoint my friend Richard Townsend of Cote(?) House in the parish of Bampton in the county of Oxford aforementioned and David Townsend the younger of Aston in the said parish of Bampton Yeoman joint trustees and executors of my said will and codicils and give to them all the various bequests powers and authorities in my said will and codicils given to the said William Monk and Stephen Hudson as such trustees and executors and I also give to my said newly appointed trustees the said legacy of one guinea each and given that they shall in all respects stand in the place of the said William Monk and Stephen Hudson the same as if they had been named in my said will instead of them as witness my hand this twenty seventh day of January one thousand eight hundred and forty eight Philip Cockbill signed by the said testator as a codicil to his last will and testament in the presence of us present at the same time who at his request in his presence and the presence of each other have hereunto subscribed our names as witnesses James Rose Thomas Collett

Proved at London (with three codicils) 3rd February 1849 before the judge by the oaths of Richard Townsend and David Townsend the younger the executors named on the third codicil to whom admon was granted and having been first sworn by oath duly to administer.