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