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