First Codicil to the Will of Thomas Cubitt of 1855

First Codicil to the Will of Thomas Cubitt of 1855

NOTE – This has been transcribed by OCR and then by manual correction. This may not be an exact copy. You should carefully check the text against the original as there may well be errors from this method.

 

Page 2 (of the PDF bundle) 1st Codicil to Thomas Cubitt’s Will 2/12/1855

 

This is a Codicil to the will of me Thomas

Cubitt of Denbies near Dorking in the County

of Surrey, and of Lyall Sheet Belgrave Square in the County of Middlesex

bearing date the First – day of August

One thousand eight hundred and fifty five.

Whereas I have in said will made certain –

provisions restraining the person or persons

who shall be Tenants for life or for any less[?]

Estate of the Estates and hereditaments thereby

settled in strict settlement, from cutting down

Timber or Lumber like Frees except as in my

said Will is mentioned; Now I hereby

declare that such restrictions shall not

apply to my Son George it being my – –

intention, and I hereby declare, that my

said Son whilst he shall be Tenant for life,

of the said Estates and hereditaments shall

have full power to cut down such Timber

and Timber like Trees, whether Ornamental

or otherwise, as he may think fit and to

dispose of the same for his own absolute

use and benefit. And I declare that the

power thereby given to my said Son shall extend

to the Timber and Timber like Trees growing

on that part of the said settled Estates &[?}

which I have devised to my Wife during

her Widowhood but the same shall not

during such Widowhood be exercised with

reference to such last mentioned Timber

and Timber like Trees without the previous

consent of my said wife. And whereas

I am possessed of the Advowson of the [illegible]

 

Page 3 (of the PDF bundle) 1st Codicil to Thomas Cubitt’s Will 2/12/1855

Vicarage of Bodians in the County of Sussex

and I have entered into Contract with

the late Colonel Milner for the purchase of

the Advowson of the Vicarage of Burham

in the County of Kent and all my Estate

and Interest in the said Advowsons will

pass to the Trustees named in my will [filler mark]

under the general residuary devise therein

contained, Now I hereby declare and to

direct that if whilst the sound Advowsons and

or either of them shall be vested in the

Trustees or Trustee for the time being of my

said Will the livings of the said Vicarages

or either of them shall become vacant

the said Trustees or Trustee shall thereupon

from time to tune and as often any [filler mark]

such vacancy shall occur present to the [filler mark]

Vacant Living such qualified person as [filler mark]

shall be nominated by the person or persons

who at the time of the occurrence of such

Vacancy shall under and by virtue of my

said will be in the possession or entitled

to the receipt of the Rents and profits of the

Estates and hereditaments thereby settled

in strict settlement but this description

shall not be deemed to include my said

wife in respect of the devise to her of part

of the said settled Estates during her [filler mark]

Widowhood But if no such nomination

shall be made or if the person or persons

entitled to make the same shall not at the

time of the occurrence of such Vacancy be

of the age of twenty one years or shall

otherwise be incompetent to make such

 

Page 4 (of the PDF bundle) 1st Codicil to Thomas Cubitt’s Will 2/12/1855

nomination then the Trustees or Trustee

for the tune being of my will shall present

such person to the vacant Living as such

Trustees or Trustee shall in their his or

her discretion think fit. And except as

my said Will is altered by this codicil &

hereby realify[?} and confirm the same – In

Witness where of I have to this codicil contained

in one sheet of paper set my hand this [filler mark]

Twenty Seventh day of October One thousand

Eight hundred and fifty five.

Signed published and declared

by the Testator Thomas Cubitt

as and for a Codicil of his Will

in the presence of us (present

at the same time) who in his

presence, at his request and in

presence of each other have

hereto subscribed our names,

as witnesses.

Thomas Cubitt

[illegible] [illegible] [illegible]

James Hopgood   King Williams Strand Sol