Second Codicil to Thomas Cubitts will of 1855
Second Codicil to Thomas Cubitts will 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 6 (of the PDF bundle) 2nd Codicil to Thomas Cubitt’s Will 2/12/1855
This is a second Codicil to the Will of me Thomas
Cubitt of Denbies near Dorking in the County of Surrey and of Lyall Street
Belgrave square in the County of Middlesex Builder which Will bears date
The First – day of August One thousand eight hundred and fifty five
Whereas I have by my said will devised my Freehold Mansion or
Dwellinghouse at Denbies aforesaid with the coachhouses stables outbuildings barns
gardens park and appurtenances there belonging and all my Freehold messuages
mills lands tithes and hereditaments in the Parishes of Dorking Mickleham Great
Bookham and Leatherhead in the County of Surrey and also all my Freehold
messuages farms lands and hereditaments in the parish of Newdligate in the
same County (subject to an interest in portion of the before mentioned hereditaments
given to my wife during her Widowhood) To the use of my Eldest Son George
his life and after his decease To the use of each of his Sons born
in my lifetime for their respective lives with remainder to their first and
other sons in tail[?] male (in succession) with remainder To the sons of my said
son George born after my decease successively in tail male with remainder To
my son William for life and with divers remainders over and under the
provisions contained in my said Will my Leasehold and Copyhold Estates situate[d]
in the before mentioned Parishes and also the ultimate residue of my by the Trust
Estate are to be held by the Tustees of my Will upon such trusts ends
intents and purposes by as may most nearly correspond with the uses trusts
intents and purposes by my said Will declared of and concerning the freehold
hereditaments hereinbefore referred to Now I hereby declare that if at the
time when all the Estates by my said Will limited in the before mentioned
Freehold hereditaments antecedently to the estate for life given to my said Son
William as aforesaid (other than the estate and interest devised to my said
Wife as before mentioned) shall have ceased or lapsed my said be Wife shall be
living and shall not have married again then I devise the whole of such
Freehold hereditaments (subject nevertheless to the Estate in a portion thereof
hereafter devised to my daughter in law) unto my said Wife until her
second marriage or for her life in ease she shall not marry again without
impeachment of waste such Estate to take precedence of the estate for life so
Limited to my said son William and of all estates limited subsequent thereto
And I declare that my said Wife shall have a like interest in the
copyhold and leasehold estates in the parishes aforementioned and other in my
said Ultimate residuary Trust Estate to that which I have by this Codicil
given her in the said freehold hereditaments as now as may be and the
different natures of the respective properties will allow but nothing herin
contained shall prejudice limit of affect any powers by my said Will conferred
on or annexed to the estate of any person or persons who shall be entitled
[1]
The page that would have been numbered, page 2, in the Codicil is blank.
Page 7 (of the PDF bundle) 2nd Codicil to Thomas Cubitt’s Will 2/12/1855
[in] favor of my said last named sons and in lieu thereof I
Direct that my said Trustees shall raise and pay the sum of Sixty
Thousand pounds for the absolute use and benefit of my said son William
his executors administrators and assigns at the times and in the proportions
following, that is the sum of Forty thousand pounds on the first day of
January One thousand eight hundred and sixty five and the sum of Twenty
thousand pounds on the first day of January One thousand eight hundred to
seventy with the following intermediate annual payments in lieu of
interest viz+ Seven hundred pounds per annum from the day of my decease
until the first day of January One thousand eight hundred and sixty and
Henceforth One thousand pounds per annum until the first day of January
One thousand eight hundred and sixty five and thenceforth one thousand
Pounds ——— per annum until the said first day of January One
thousand eight hundred and seventy. And the said Trustees shall raise and
pay the sum of sixty thousand pounds for the absolute use and benefit
of my said son Charles (provided he shall attain the age of twenty one
years) at the times and in the proportions following viz+ Forty thousand
pounds on the first day of January One thousand eight hundred and seventy five
and Twenty thousand pounds on the first day of January One thousand
eight hundred and eighty with the following intermediate annual payments
in lieu of interest namely Five hundred pounds per annum from the time
of his attaining the age of twenty one years until the first day of
January One thousand eight hundred and sixty five and thenceforth One thousand
pounds per annum to the first day of January One thousand eight hundred and,
seventy and thenceforth One thousand five hundred pounds per annum to the
first day of January One thousand eight hundred and seventy five and thenceforth
one thousand pounds per ammum until the first day of January One thousand
eight hundred and eighty. And I declare that all the provisions contained in
my said Will with reference to the suns of Eighty thousand pounds thereby
directed to be raised for each of my said sons William and Charles and the
intermediate annual payments thereby directed to be made shall be applicable
to the said sums of Sixty thousand pounds hereby directed to be raised
and the intermediate annual payments hereby directed to be made And whereas
I have by my said Will directed my Trustees to raise the sim of [illegible]
Thousand pounds [illegible] by way of provision for my nieces Ellen Cubitt and
Agnes Cubitt the daughters of my Brother Lewis Cubitt at the end of
five years after my decease and until the said sum shall become [illegible]
and payable to pay out of the net income of my trust Estate two
annuities of One hundred pounds each in lieu of interest on the said sums
of Two thousand pounds Now I hereby direct my said Trustees also to
[3]
Page 8 (of the PDF bundle) 2nd Codicil to Thomas Cubitt’s Will 2/12/1855
raise and pay at the time lastly hereinbefore mentioned the sum of Two
thousand pounds by way of portion for my Niece Ada Cubitt one of the
daughters of my said Brother Lewis and until she said sum shall become
raiseable and payable to pay out of the net income of my trust estate an
annuity of One hundred pounds in lieu of interest on the said sum And
I hereby declare that all the provisions contained in my said Will applicable
to the sums of Two thousand pounds and the annuities of One hundred
pounds given to my said Nieces Ellen and Agnes as aforesaid shall be
applicable and shall be applied to the sum of Two thousand pounds and
the annuity of One hundred pounds hereby directed to be raised and paid
for my said Niece Ada in such and the same manner as though the
same were here repeated totidem verbis and made applicable to my said
last named Nice And whereas I have by my said Will directed my
Trustees to raise certain sums for the portions of my daughters and until
such portions shall become raiseable and payable to make such intermediate
annual payments as therein mentioned and I have given my said daughters
a general power of testamentary disposition over their respective portions and
the stocks funds and securities in or upon which the same may be laid
out and invested and the interest dividends and annula produce thereof
in case of such failure of issue as in my said Will is mentioned and
I have also given to each of my said daughters a power by Will to
direct that all or any part of the interest dividends or annual proceeds
of her portion or of the stocks funds and securities in or upon which the
same may be laid out or invested shall immediately after her decease be
paid to her husband during her his life or for any less period And whereas
I am desirous of modifying the said provisions relative to the portions of my
daughters herinbefore referred to and I therefore hereby direct and declare as
follows vizt First. As regards my Daughter Ann – Her portion shall be raised
and paid on the first day of January One thousand eight hundred and sixty
five with the following intermediate annual payments in lieu of interest vizt
One thousand pounds per annum from the day of my death until the first
day of January One thousand eight hundred and sixty and thenceforth One
thousand five hundred pounds per annum until the first day of January one
thousand eight hundred and sixty five Secondly. As regards my daughter Mary
Her portion shall be raised on the first day of January One thousand eight
hundred and sixty five with the following intermediate annual payments in
lieu of interest vizt. Seven hundred pounds per annum from the day of my
death until the first day of January One thousand eight hundred and sixty
and thenceforth One thousand two hundred pounds per annum until the first
day of January One thousand eight hundred and sixty five Thirdly. – As
[4]
Page 9 (of the PDF bundle) 2nd Codicil to Thomas Cubitt’s Will 2/12/1855
regards my Daughter Sophia – Her portion shall be raised and paid on the
first day of January One thousand eight hundred and sixty five with the following
intermediate annual payments in lieu of interest vizt Five hundred pounds per
annum from the day of my death until the first day of January One
thousand eight hundred and sixty and thenceforth One thousand pounds per
annum until the first day of January One thousand eight hundred and
sixty five. Fourthly. As regards all my Daughters. – Their power of testamentary
disposition of their portions in case of default of issue as in my said Will
is mentioned instead of being a general power of disposition as in my said
Will mentioned shall only be exercised in favor of their Brothers or Sisters
some or one of them or the descendants of such Brothers or Sisters some or
one of them and no person who does not come under the aforesaid class shall
not be entitled to any benefit under any exercise of the power of testamentary
appointment before referred to And further that none of my daughters shall have
power by Will or otherwise to direct or appoint that more than one moiety of
the interest dividends or annual proceeds of her portion of the stocks funds
and securities in or upon which the same may be laid out or invested shall
after her decease be paid to her husband And whereas I have given to my
said son George my Copyhold hereditaments held of the Manors of Westumble
and Great Bookham in the County of Surrey for his own use and benefit
which copyhold hereditaments form part of the copyhold hereditaments settled
in strict settlement by my Will and such gift has been a revocation
of the provisions of my said Will so far as regards such Copyholds
but I hereby expressly declare that such gift shall not in any way
affect any of the provisions of my said Will as regards any other
portions of my property And except as varied by this Codicil I
hereby ratify and confirm my said Will In witness whereof I
the said Testater Thomas Cubitt have to this Codicil contained in five
sheets of paper set my hand and seal that is to say my hand to
the first four sheets thereof and my hand and seal to this fifth and
last sheet thereof this Second day of December in the year of our
Lord One thousand eight hundred and fifty five. –
Signed Sealed Published and Declared }
by the testator Thomas Cubitt as and for a Codicil to his }
Will in the presence of us (present at the same time) who }
in his presence at his request and in the presence of each }
other have hereunto subscribed our names as witnesses. }
William ???????
Dorking ???????
James Hopgood
King William