Thomas Cubitt’s Will

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Text of the main body of the 1855 Will

Page 15 [page ‘1’ of the will]

This is the last Will and Testament

of me Thomas Cubitt of Denbies near Dorking in the County of Surrey and of

Lyall Sheet Belgrave Square in the County of Middlesex Builder I revoke all other Wills

and Codicils by me heretofore made I give and bequeath unto my Wife Mary Anne

Cubitt for her sole and absolute use and benefit All my household furniture books prints

pictures drawings works of art plate linen and china wines spirits consumable stores

and other household effects which shall be in or about my usual dwellinghouse at

the time of my decease or in or about any other house or houses occupied by myself

or my family at Brighton or elsewhere And also all and singular my private

Carriages Carriage horses harness and things relating thereto And also all my Oxen

Cows Sheep and live stock and also all hay straw farming implements and

utensils and other farming stock belonging to me at the time of my decease

I also give and bequeath to my said Wife for her sole and absolute use

and benefit all money which shall be within my usual place of abode at the

time of my decease. I devise unto my Son George All that my fee farm

rent or land tax of Two pounds per annum being my proportion of the fee

farm rent or land tax of Six pounds charged upon a certain cottage and

land in the parish of Monks Risborough in the County of Bucks To hold to

my said son George his heirs and assigns for his and their own use and

benefit I devise unto my said Wife All that my Freehold Mansion or

dwellinghouse at Denbies near Dorking in the County of Surrey with the coach houses

stables outbuildings barns gardens and appurtenances thereto and such portion of

the Park adjoining thereto not exceeding Three hundred acres in extent as she

my said Wife shall within six months after my decease select such selection //

to be signified by writing under her hand To hold the same unto my said

Wife and her assigns during so long as she shall continue my Widow And

subject to the estate hereinbefore limited to my said Wife during her widowhood

in the said Mansion house and other hereditaments last aforesaid I give and

devise my said Freehold Mansion house with the coachhouses stables outbuildings

barns gardens park and appurtenances thereto belonging And also all and singular

other my freehold messuages mills farms lands tithes and hereditaments whatsoever

situate lying being or arising in the several Parishes of Dorking, Mickleham, Great

Beckham and Leatherhead in the County of Surrey or any of them or in any

Parishes adjoining thereto respectively And also all my freehold messuages farms lands

and hereditaments situate in the Parish of Newdigate in the said County of Surrey

or in any parish adjoining thereto including any freehold messuages lands and

hereditaments situate in the five Parishes last aforesaid or any or either of them

which I may hereafter acquire by purchase or otherwise and of or to which I

shall be seized or entitled at the time of my death together with all and

singular the rights easements members and appurtenances to the said several

messuages farms lands and hereditaments belonging or appurtaining or reputed as

appurtenant thereto To the uses upon and for the trusts intents and purposes and

Page 16 [page ‘2’ of the will]

with under and subject to the powers provisoes and declarations hereinafter

limited expressed and declared of and concerning the same (that is to say) To

the use of my said eldest son George and his assigns during his life

without impeachment of waste And from and after the determination of that

estate by any means in his lifetime To the use of my sons in law The

Reverend Charles Parker and Edgar Alfred Bowring Esquire and their heirs during

the life of my said son George but nevertheless Upon trust for him and his

assigns And from and after the decease of my said son George To the

use of each of the sons of my said son George who shall be born

during my lifetime for the life of such son without impeachment of waste And

after his decease To the use of his first and other sons in tail male

so and in such manner that the elder of the said sons of my said

son George to be born during my lifetime and his first and other sons

successively and the heirs male of their respective bodies issuing may be

preferred to and take before the younger of the said sons of my said

son George to be born during my lifetime and his and their respective

first and other sons successively and the heirs male of their respective

bodies issuing but with a remainder immediately after the estate for life of each

son of my said son George to be born during my lifetime To the use of

the said Charles Parker and Edgar Alfred Bowring and their heirs during the

life of such son but nevertheless in trust for such son and his assigns

And after the failure or determination of the uses and estates hereinbefore

limited To the use of the son and sons of my said son George who

shall be born after my decease successively according to their respective seniorities

in tail male And for default of such issue To the use of my second

son William and his assigns during his life without impeachment of waste

And after the determination of that estate by any means in his lifetime

To the use of the said Charles Parker and Edgar Alfred Bowring and their

heirs during the life of my said son William but nevertheless upon trust

for him and his assigns And from and after the decease of my said

son William To the use of each of the sons of my said son William

who shall be born during my lifetime for the life of such son without

impeachment of waste And after his decease to the use of his first

and other sons in tail male so and in such manner that the elder

of the said sons of my said son William to be born during my lifetime

and his first and other sons successively and the heirs male of their

respective bodies issuing may be preferred to and take before the younger

of the said sons of my said son William to be born during my lifetime

and his and his and their respective first and other sons successively and the

heirs male of their respective bodies issuing but with a remainder immediately

after the estate for life of each such son of my said son William to

be born during my lifetime To the use of the said Charles Parker and

Page 17 [page ‘3’ of the will]

Edgar Alfred Bowring and their heirs during the life of such son but nevertheless

In trust for such son and his assigns And after the failure or determination

of the uses and estates hereinbefore limited To the use of the son and

sons of my said son William who shall be born after my decease

successively according to their respective seniorities in tail male And for default

of such issue To the use of my third son Charles and his assigns during

his life without impeachment of waste And after the determination of that

estate by any means in his lifetime To the use of the said Charles

Parker and Edgar Alfred Bowring and their heirs during the life of my

said son Charles but nevertheless In trust for him and his assigns And

from and after the decease of my said son Charles To the use of each

of the sons of my said son Charles who shall be born during my

lifetime for the life of such son without impeachment of waste And

after his decease To the use of his first and other sons successively

in tail male so and in such manner that the elder of the said

sons of my said son Charles to be born during my lifetime and

his first and other sons successively and the heirs male of their

respective bodies issuing may be preferred to and take before the younger

of the said sons of my said son Charles to be born during my life

time and his and their respective first and other sons successively

and the heirs male of their respective bodies issuing but with a remainder

immediately after the estate for life of each such son of my said son

Charles to be born during my lifetime To the use of the said Charles

Parker and Edgar Alfred Bowring and their heirs during the life of

such son but nevertheless In trust for such son and his assigns And

from and after the failure or determination of the uses and estates herein

before limited To the use of the son and sons of my said son Charles

who shall be born after my decease successively according to their respective

seniorities in tail male And for default of such issue To the use of

every son of my body hereafter to be born during his life without

impeachment of waste And after his decease To the use of his first

and other sons successively in tail male so and in sich manner that

the elder of my said sons hereafter to be born and his first and

other sons successively and the heirs male of their respective bodies issuing

may be preferred to and take before the younger of my said sons

hereafter to be born and his and their respective first and other sons

successively and the heirs male of their respective bodies issuing but with

a remainder immediately after the estate for life of each of my said sons

hereafter to be born To the use of the said Charles Parker and Edgar

Alfred Bowring and their heirs during the life of each such son but

Page 18 [page 4 of the will]

nevertheless In trust for such son and his assigns And after the

failure or determination of the uses and estates hereinbefore limited To

the use of all and every my daughters whether now born or hereafter to

be born during their respective lives in equal shares as tenants in common

without impeachment of waste And after the determination in her life

time of the estate for life so limited to each such daughter then as

to the share of each such daughter To the use of the said Charles Parker

and Edgar Alfred Bowring and their heirs during the life of each such

daughter but nevertheless upon hust for each such daughter and her assigns

And from and after the decease of each such daughter then as to

the share of each such daughter To the use of all and every the

Child and Children of each such daughter and the heirs of the body and

respective bodies of such Child and children if more than one such Child

in equal shares as tenants in common And if there shall be but

one such Child To the use of such only Child and the heirs of his

or her own body And in case there shall be more than one such Child

of such daughter and there shall be a failure of issue of the body or

bodies of any one or more of such children of such daughter then as

to the share or shares whether original or accruing under this present

limitation of any such Child or Children whose issue shall so fail To

the use of the other or other of such Children of such daughter and the

heirs of the body and respective bodies of such other Child or Children if

more than one such other Child of such daughter in equal shares as

tenants in common And if there shall be but one such other Child

of such daughter To the use of such only other Child and the heirs of

his or her body And in case of failure of issue of the body of any

one or more of my said daughters then and so often as the same

shall happen as to as well the share or respective shares originally limited

for life to the daughter or daughters whose issue shall so fail as any

share or shares which shall have accrued to her or them or her or their

Child or Children under this limitation To the use of the other or others

of my said daughters during her or their life or respective lives as tenants

in common without impeachment of waste And after the determination in

her lifetime of the estate fo rlife so limited to each such other

daughter as last aforesaid then as to the share or shares so limited

to each such other daughter during her life To the use of the said

Charles Barker and Edgar Alfred Bowring and their heirs during the life

of each such other daughter but nevertheless upon trust for each such other

daughter and her assigns And after the decease of each such other

daughter then as to such share or shares as last aforesaid To the use

Page 19 [page 5 of the actual will]

of all and every her Child and Children and the heirs of the body

and respective bodies of such Child or Children such Children if more

than one to take as tenants in common and with the like cross-

remainders between them in the event of the failure of issue of any

such Children as hereinbefore provided with respect to such Childrens shares

of the shares originally limited to my daughters during their respective

lives And if there shall be but one sich child then to the use of

such only Child and the heirs of his or her body And in case there

shall be a failure of issue of all my said daughters but one then as

to the entirety of the hereditaments hereinbefore devised in strict settlement

To the use of such only remaining daughter for her life without

impeachment of waste And after the determination of that estate in her

lifetime To the use of the said Charles Parker and Edgar Alfred Bowring

and their heirs during the life of such only remaining daughter but

nevertheles In trust for her and her assigns And after the decease

of such daughter To the use of all and every the Child and Children

of such only remaining daughter and the heirs of the body and respective

bodies of such Child and Children such children if more than one

to take in equal shares as tenants in common And with the like

cross-remainders between them in the event of the failure of issue

of any such children as hereinbeofre provided with respect to such

Childrens shares of the shares originally limited to my daughters during

their respective lives And if there shall be but one such Child of

such only remaining daughter then to the use of such only Child

of such only remaining daughter and the heirs of the body of such

only Child And for default of all such issue as aforesaid To the

use of my own right heirs for ever Provided Always and I hereby

declare my Will to be that every person who under or by virtue of

this my Will shall for the time being be in the possession or entitled

to the receipt of the rents and profits of the said hereditaments and

premises hereinbefore devised in strict settlement (or any undivided share

thereof) for his or her life either at law or in equity shall at

his or her own costs and charges at all times during his or

her life respectively well and sufficiently maintain amend and keep or

cause to be kept in good and sufficient order and repair (or according to

the extent of such undivided share contribute rateably towards the

maintenance amendment and keeping in repair of) the said Capital and

other messuages farmhouses houses outhouses edifices and buildings and all

and singular other the premises hereinbefore devised and every part thereof

and the appurtenances thereof And shall at the like costs and charges keep

Page 20 [page 6 of the actual will]

or cause to be kept or contribute according as aforesaid towards keeping or causing

to be kept all the said capital and other messuages farmhouses and buildings

adequately insured against loss or damage by fire And in case any of the said

capital or other messuages farmhouses or buildings shall be destroyed or damaged

by fire and any money shall be received from any Insurance Office on account

thereof then do and shall lay out or cause to be laid out or join and concur with

all other persons in laying out and causing to be laid out the whole of such

money (after deducting necessary expences) as soon as conveniently may be in

rebuilding or repairing the messuages and buildings which shall have been so

destroyed or damaged Provided also And I hereby declare my Will to be that

no person who under or by virtue of this my Will shall for the time being be

in the possession of or entitled to the receipt of the rents and profits of the

said hereditaments and premises hereinbefore devised or any undivided share thereof

for an estate for his or her life or any less estate shall fell or cut down

or join or concur with any other person or persons in felling or cutting down

any timber or timberlike trees unless the same be required for the purpose of

erecting or making houses edifices buildings gates stiles fences or other works

in or upon or about some part of the same lands tenements and hereditaments

or for the reparation amendment enlargement or improvement of some of the houses

outhouses edifices or buildings gates stiles or fences or works which now are or at

my death shall be standing or being upon some part of the same hereditaments

and premises Provided always nevertheless And I hereby declare my Will to be

that it shall be lawful for any person or persons who shall for the time being be

entitled as aforesaid to fell and cut down or as the case may require to join

and concur with any other person or persons in felling and cutting down any

timber or timberlike trees which any two respectable Surveyors shall by writing

under their hands certify to be of such age or in such state that they

will probably deteriorate by being allowed to remain standing Provided also And

I hereby declare that the three Provisoes or Clauses last hereinbefore contained shall

as respects the hereditaments and premises hereinbefore devised to my said Wife

during her widowhood extend and apply to my said Wife and the buildings and

timber on such last mentioned hereditaments and premises in like manner as if

such three Provisoes or Clauses had been here repeated (Mutatis mutandis)

Provided always And I hereby declare my Will to be that if any person

who under or by virtue of this my Will would (if this present proviso had

not been herein inserted) for the time being be entitled to the possession or receipt

of the rents and profits of the said hereditaments and premises hereinbefore devised

in strict settlement or any undivided share thereof as tenant for life or by

purchase under this my Will as tenant in tail male or in tail general shall

be under the age of twenty one years Then and in such case and so often as the

one

Page 21 [page 7 of the actual will]

same shall happen the said Charles Parker and Edgar Alfred Bowring and

the survivor of them and the executors or administrators of such survivor shall

enter into the possession or receipt of the rents and profits of the same hereditaments

and premises or such undivided share thereof And shall during the minority of such

tenant for life or tenant in tail male or in tail general by purchase continue in

such possession or receipt of rents and profits and manage or superintend the

management of the same hereditaments and premises or of such undivided share thereof

with full power either alone or with the concurrence of any person or persons entitled

to any other undivided shaw or shares of the same hereditaments and premises as

the case may require (but subject where such possession or receipt shall be in right

of a tenant for life to the restrictions or provisoes hereinbefore contained in reference

to tenants for life) to fell timber and cut underwood from time to time in

the usual course for sale or for repairs or otherwise and to erect pull down and

repair houses and other buildings and erections and to drain or otherwise improve

all or any of the said hereditaments and premises and to insure houses buildings

or other property against loss or damage by fire and to make allowances to

and arrangements with tenants and others and to accept surrenders of leases

and tenancies and generally to deal with the premises or such undivided share

thereof as they or he might do if they were the absolute owners thereof respectively

And shall from time to time during such minority by and out of the rents

and profits or share of rents and profits of the said hereditaments and premises

received by them or him (including the produce or any share of the produce of

the sale of timber and underwood) pay and discharge the expences incurred in

or about such management or in the exercise of any of the powers aforesaid or

otherwise in respect of the premises and also all outgoings not payable by any

tenant or other person or a proportionate share thereof and keep down any

annual sum which may for the time being be charged upon the same

premises or any part thereof and the interest of any principal sum which

may be charged by way of mortgage or otherwise upon the same premises or

any part thereof or a proportionate share of such annual sum and interest

and apply any sum or sums which they or he shall thunk proper according

to the age of such minor in or towards the maintenance or education of such

miner And invest the residue of such rents and profits or share of rents and

profits in their or his names or name in or upon any of the Parliamentary

stocks or public funds of Great Britain or at interest upon Government or

real securities in England or Wales but not in Ireland to be from time to

time altered or varied if to them or him it shall seem meet And

and accumulate the dividends interest and annual produce of the said stocks funds

and securities in the way of compound interest by from time to time similarly

investing the same and all resulting income and produce thereof And shall

Page 22 [page 8 of the actual will]

?and[1] and be possessed of and interested in the said rents and profits or share

of rents and profits and the said original and accumulated stocks funds

and securities and the dividends interest and annual produce thereof upon the

trusts following (that is to say) if the tenant for life or tenant in tail male

or in tail general by purchase during whose minority the said rents and

profits shall have been accumulated as aforesaid shall attain the age of

twenty one years or die under that age leaving issue entitled or inheritable

under the limitations hereinbefore contained Then upon trust to pay transfer or

assign the same to such tenant for life tenant in tail male or in

tail general his or her executors or administrators as personal estate But

if such tenant for life or tenant in tail male or in tail general shall

die under the age of twenty one years without leaving issue entitled or

inheritable under the limitations hereinbefore contained Then from and after the

decease of such person upon and for the trusts intents and purposes and

with under and subject to the powers provisoes and declarations hereinafter

declared and contained of and concerning the monies to arise from a sale

in pursuance of the power of sale hereinafter contained and the stocks funds

and securities in or upon which such monies are hereinafter authorised to

be invested and the dividends interest and annual produce thereof Provided

also And I hereby declare my Will to be that it shall be lawful for each and

every of my said Sons and Grandsons who shall under or by virtue of this my

Will become tenant for life of the said hereditaments and premises hereinbefore

devised in strict settlement at any time or times either before or after he shall

under or by virtue of this my Will be entitled to the possession or to the receipt

of the rents and profits of the said hereditaments and premises (but subject and

without prejudice to the uses and estates preceding the estate of the person

for the time being exercising this present power and to the powers annexed to

such preceding uses or estates And to the uses or estates limited in exercise of such

powers) by any Deed or Deeds with or without power of revocation and new

appointment or by Will or Codicil to grant limit or appoint to any woman

with whom he may marry or have married for her life or for any less

period any yearly rent charge or yearly rent charges not exceeding in the

whole for any such woman the yearly sum of Two hundred pounds to be issuing

and payable out of all or any of the said hereditaments and premises

hereinbefore devised in strict settlement to be free from all deductions and to be

paid at such times and in such manner as to the person for the time

being exercising this present power shall seem meet And to limi or appoint

to such woman usual powers and remedies for recovering and enforcing payment

of the said yearly rent charge or yearly rent charges by distress and entry upon

and retention of the possession and perception of the rents and profits of the premises

Page 23 [page 9 of the actual will]

[?ch]rged therewith And also to limit and appoint the premises so charged to any person

or persons for any term of years with or without impeachment of waste upon such

usual trusts for better securing the payment of the said yearly rent charge or yearly

rent charges as to the person for the time being exercising this present power

shall seem meet but so that every such term of years be made to cease

(subject and without prejudice to any disposition which may be made under

the trusts to be declared thereof as aforesaid on the death of the woman for the benefit

of whom the same shall be created And the payment of the arrears (if any) of her

rent charge or rent charges And the expenses (if any) incurred by the nonpayment

thereof Provided nevertheless And I hereby declare my Will to be that no

jointure which may be appointed under the power last hereinbefore contained shall

become a lieu upon the said premises or any part thereof or be payable unless

either the person so appointing the same shall be or become entitled to the

possession or the receipt of the rents and profits of the said premises or some

issue of such person shall or if of full age would become so entitled Provided

further and I hereby declare my Will to be that the said premises or any of

them shall not under or by virtue of the power lastly hereinbefore contained be

at any one time subject to the payment of yearly rent charges exceeding in

the whole the annual sum of Six hundred pounds so that if in consequence

of the exercise of the same power she said premises or any of them would but for

this present proviso have been for the time being charged with the

payment of yearly rent charges exceeding in the whole the annual sum of Six hundred

pounds the yearly rent charge or rent charges by which such excess shall have

been occasioned or such part thereof respectively as shall have occasioned and shall

form such excess shall from time to time during the continuance of such excess

absolutely sink into and not be raiseable out of the said premises And the

same yearly rent charges respectively shall have preference and priority of payment

according to the priority in order of limitation of the estates of the several

persons exercising the said power last hereinbefore contained Provided also and

I hereby declare my will to be that it shall be lawful for each and every of

my said sons and grandsons who shall under or by virtue of this my last Will

become tenant for life of the said hereditaments and premises hereinbefore devised

in strict settlement at any time or times either before or after he shall under

or by virtue of this my Will for the time being be entitled to the possession,

or to the receipt of the rents and profits of the same premises by any deed

or deeds with or without power of revocation and new appointment or by Will

Codicil (but subject and without prejudice to the uses and estates preceding the

estate of the person for the time being exercising this present power and to

the powers annexed to such preceding uses or estates And to the uses or

estates limited in exercise of such powers) to charge all or any of the said

hereditaments and premises hereinbefore devised in strict settlement with the

payment of any sum or sums not exceeding in the different events hereinafter

Page 24 [page 10 of the actual will]

specified the different sums hereinafter mentioned as and for the portion or portions

of his Child or Children or any one or more exclusively of the others or other

of his Children (other than or besides a first or only son) (that is to say) If

there shall be but one such child as aforesaid (other than or besides as aforesaid)

and no more then the sum of Forty thousand pounds And if there shall be

two such Children (other than or besides as aforesaid) and no more then the

and no more than the sum of Forty thousand pounds And if there shall be

two such Children(other than or besides as aforesaid) and no more than the

sum of Forty thousand pounds And if there shall be three such

Children (other than or besides as aforesaid) and no more than the sum of

Sixty thousand pounds And if there shall be four or more such children

other than or besides as aforesaid, then the sum of One hundred thousand

pounds to be an interest vested or interests vested in and to be payable unto

or between or among such Child or Children or any one or more exclusively

of the other or others of such Children at such age or time ages or times

in such manner And if more than one in such shares and to be

subject to such powers of appointment by the person for the time being

exercising this present power or any other person or persons and to such

provisions for the advancement or preferment of any such Child or Children

at the discretion of any trustees or trustee or otherwise And to such other

powers and provisoes for the benefit of such Child or Children or some or

or one of them as the person for the time being exercising this present power

shall in manner aforesaid direct And by the same or any other deed or

deeds or by Will or Codicil (but subject and without prejudice as aforesaid) to

charge the premises charged with such portion or portions respectively with the

payment of any annual sum or sums (not exceeding the interest of the

sum or sums so charged for a portion or portions after the rate of

four pounds per Cent per annum) for or towards the maintenance or education

of the Child or Children for whom the portion or portions charged as

aforesaid shall be intended in the meantime until such portion or portions

shall become payable the said annual sum or sums to be clear of all

deductions and to commence from such period or periods and to be raised

and paid and applied in such proportions at such times and in such

manner as the person aforesaid direct And by the same or any other deed or

deeds or by Will or Codicil (but subject and without prejudice as aforesaid

to limit and appoint the hereditments and premises so charged as aforesaid

to any person or persons for any term or terms of years with or without

the principal and annual sum or sums so charged as aforesaid and the

costs and expences (if any) to be incurred in or about the execution of the

trusts thereof Provided always that when and so often as any second or

younger son of any tenant for life entitled to exercise the aforesaid power of

charging portions shall by reason of the death of his elder or other brothers

Page 25 [page 11 of the actual will]

become an eldest or only son for the time being entitled to the first estate

or freehold or inheritance expectant on the decease of such tenant for life such

second or younger son shall thenceforth (but subject and without prejudice to any

previous exercise of the said power) cease to be an object of the said power

and subject and without prejudice as aforesaid shall be excluded in computing

the number of Children to be provided for thereunder Provided also And I

further declare that when and so often as any Child of any such tenant

for life (other than an eldest or only son) shall being a son die under

the age of twenty one years or being a daughter die under the age of

twenty one years and without having been married such Child shall (subject

and without prejudice to any payments actually made for his or her maintenance

education or advancement pursuant to the directions of any appointment made in

pursuance of the aforesaid power) cease to be an object of the said power and

subject and without prejudice as aforesaid shall be excluded in computing the

number of Children to be provided for thereunder Provided also and I hereby

declare that no portion which may be charged under the power hereinbefore contained

nor any interest on any such pportion not any part thereof respectively shall

become in lieu upon the said hereditaments and premises or any part thereof or be

payable unless either the person so charging the same shall under or by virtue

of this my Will be or become entitled to the possession or to the receipt of the

rents and profits of the same premises or unless some issue of such person shall

or if of full age would become so entitled Provided further and I declare my

Will to be that the said hereditaments and premises or any of them shall

not under or by virtue of the power lastly hereinbefore contained become ultimately

subject or liable to the payment of any greater sum of money in the whole

for portions than the principal sum of Two hundred thousand pounds so that

if in consequence of the exercise of the same power the said premises or any of

them would but for this present proviso have been charged with a greater

sum for portions in the whole than the principal sum of Two hundred thousand

pounds the charge or charges by which such excess shall have been occasioned

or such part thereof respectively as shall have occasioned or shall form such excess

shall absolutely sink into and not be raiseable out of the said premises And

the same portions respectively shall have preference and priority of payment according

to the priority in order of limitation of the estates of the several persons

excrcising the said power last hereinbefore contained Provided also and I hereby

declare my Will to be that it shall be lawful for each and every of

my said sons and Grandsons who shall under or by virtue of this my Will

become tenant for life of the said hereditaments and premises hereinbefore devised

in strict settlement as and when he shall under this my Will be entitled

to the possession or the receipt of the rents and profits of the same premises

And also for each and every of my said daughters who shall under or

by virtue of this my Will become tenant for life of any undivided share

Page 26 [page 12 of the actual will]

or shares or of the entirety of the same hereditaments and premises as

and when she shall under this my Will be entitled to the possession

or the receipt of the rents and profits of the said undivided share or

shares or entirety And also for the said Charles Parker and Edgar Alfred

Bowring and the surviver of them and the executors or administrators of such

survivor during the minority of any person who if of full age would under this

my Will be for the time being entitled to the possession or the receipt of the

rents and profits of the same premises or any undivided share or shares thereof

by deed to appoint or as the case may require to concur with the person

or persons entitled to the other undivided share or shares of the same premises

in appointing by way of lease all or any of the said hereditaments and

premises for any term of years not exceeding twenty one years to take effect

in possesion so as there be reserved on every such appointment the best

yearly rent or rents to be incident to the immediate reversion that can

be reasonably gotten without taking anything in the nature of a fine premium

or foregift And so as there be contained in every such appointment a condition

of reentry for nonpayment within a reasonable time to be therein specified of

the rent or rents thereby reserved And so the appointer or appointees do execute

a Counterpart of such appointment and do thereby covenant for the due payment

of the rent or rents thereby reserved And be not made dispunishable for waste

Provided also and I hereby declare my Will to be that it shall be

lawful for each and every of my said Sons and Grandsons who shall under

and by virtue of this my Will become tenant for life of the said hereditaments

and premises hereinbefore devised in strict settlement as and when he shall under

this my Will be entitled to the possession or receipt of the rents and profits of

the same premises And also for each and every of my daughters who shall

under or by virtue of this my Will become tenant for life of any undivided

share or shares or of the entirety of the same hereditaments and premises as

and when she shall under this my Will be entitled to the possession or

the receipt of the rents and profits of the said undivided share or shares or

entirety and also for the said Charles Parker and Edgar Alfred Bowring and the

survivor of them and the executors or administrators of such survivor during the

minority of any person who if of full age would under this my Will

be for the time being entitled to the possession or the receipt of the rents

and profits of the same premises or any undivided share or shares thereof by

deed to appoint or as the case may require to join and concur with the

person or persons entitled to the other undivided share or shares of the same

premises in appointing by way of Lease any part of the said hereditaments and

premises to any person or persons who shall improve the same by erecting or

building thereon any new house erection or building or by rebuilding enlarging

or improving any house erection or building then standing thereon or shall covenant

or agree so to do within five years next after the date of such appointment

Page 27 [page 13 of the actual will]

for any term of years not exceeding ninety nine years to take effect in possession

so as there be reserved on every such appointment the best yearly rent or

rents to be incident to the immediate reversion that can be reasonably gotten

without taking anything in the nature of a fine premium or foregift And so

as there be contained in every such appointment a condition of reentry for

nonpayment within a reasonable time to be therein specified of the rent or

rents thereby reserved and so as the appointee or appointees do execute a Counterpart

of such appointment and do thereby covenant for the due payment of the rent or

rents thereby reserved Provided always that a peppercorn rent or any smaller

rent than the rent be ultimately made payable may be reserved during all

or any of the first five years of any such term as last aforesaid And for

the purpose of facilitating the exercise of the power of leasing last hereinbefore

contained I declare that it shall be lawful for the persons exercising such

power to set out and appropriate such portions of the hereditaments hereby settled

in strict settlement as they may think fit as and for a Road[2] or other

easement or appurtenance convenient for the hereditaments to be appointed by

way of lease as aforesaid and to grant such rights of way over and

make such arrangements for the formation and repair of any such ^Road as they may

think fit Provided also and I hereby declare my Will to be that it shall

be lawful for each and every of my said sons and Grandsons who shall

under and by virtue of this my Will become tenant for life of the said

hereditaments and premises hereinbefore devised in strict settlement as and when

he shall under this my Will be entitled to the possession or the receipt of the

rents and profits of the same premises And also for each and every of my

daughters who shall under or by virtue of this my Will become tenant for life

of any undivided share or shares or of the entirety of the same hereditaments

and premises as and when she shall under this my Will be entitled to the

possession or the receipt of the rents and profits of the said undivided share or

shares or entirety And also for the said Charles Parker and Edgar Alfred

Bowring and the surviver of them and the executors or administraters of such

survivor during the minority of any person who if of full age would under

this my Will for the time being be entitled to the possession or the receipt

of the rents and profits of the same premises or any undivided share or

shares thereof by deed to appoint or as the case may require to join and

concur with the person or persons entitled to the other undivided share or

shares of the same premises in appointing by way of lease all or any of

the mines quarries minerals stone clay chalk sand or earths in under or upon

the same premises or any of them or any part thereof either with or without

any messuages buildings lands or hereditaments convenient to be held therewith

and either with or without the surface of the lands in or under which

Page 28 [page 14 of the actual will]

DL note – on the original OCR transcript, this page was duplicated as there are two images of page 14.

the same shall be And whether the same have or have not been

hitherto opened or worked for any term of years not exceeding sixty years to take

effect in possession together with all such liberties licences powers and privileges

for searching for working getting washing smelting rendering merchantable and disposing

of the said mines quarries minerals stone clay chalk sand or earth as to the

person or persons for the time being exercising this present power shall seem

expedient so as there be reserved on every such appointment the best rent or

rents tolls duties royalties or reservations by the acre the ton or otherwise to be

incident to the immediate reversion that can be reasonably gotten without taking

anything in the nature of a fine premium or foregift And so as there be

contained in every such appointment a condition of reentry for nonpayment or

nondelivery within a reasonable time to be therein specified of the rent or rents

tolls duties royalties or reservations thereby reserved And so the appointee or

appointees do execute a Counterpart thereof and do thereby covenant for the due

payment or delivery of the rent or rents tolls duties royalties or reservations

thereby reserved Provided always that the reservation of rents tolls duties or

royalties the amount of which shall vary with or according to the acreage

worked or the minerals stone clay sand chalk or earths gotten shall not

be deemed to be in the nature of a fine premium or foregift though the

effect of such reservation may eventually be disadvantageous to persons claiming

under this my Will in remainder or reversion Provided also And I hereby

declare my Will to be that it shall be lawful for the said Charles Parker

and Edgar Alfred Bowring and the survivor of them and the executors and

administrators of such survivor during the life of any person hereby made tenant

for life who shall under this my Will be for the time being entitled to

the possession or to the receipt of the rents and profits of the said hereditaments

and premises hereinbefore devised in strict settlement or any undivided share or

shares thereof with his or her consent in writing if he or she shall be

of full age and also during the minority of any person by this my Will made

tenant for life or in tail male or in tail general by purchase who shall

or if of full age would for the time being be entitled to the possession or

to the receipt of the rents and profits of the same premises or of any

undivided share or shares thereof at the discretion of them the said Charles

Parker and Edgar Alfred Bowring or the survivor of them or of the executors

or administrators of such survivor to sell or exchange or as the case may

require to join and concur with the person or persons entitled to the other

undivided share or shares of the same premises in selling or exchanging for

other manors lands or hereditaments in England or Wales all or any of the

said premises hereinbefore devised in strict settlement And upon any such exchange

to give or receive any money for equality of exchange And I hereby declare

Page 29 [page 15 of the actual will]

that any such sale as aforesaid may be made either by public auction or

private contract And that the said Charles Parker and Edgard Alfred Bowring

and the survivor of them and the executors and administrators of such survivor

shall have full power to insert or to join and concur in inserting any such

special or other stipulations as to title or evidence of title or otherwise in any

conditions of sale or contract for sale or exchange of the said premises or

any part thereof as they or he shall think fit And to buy in or rescind

any contract for sale of the same premises or any part thereof or to concur

in so doing as they or he shall think fit And so resell or join and concur

in reselling the premises so bought in or as to which the contract shall

be so rescinded aforesaid without being responsible for any loss occasioned

thereby And I hereby declare that for effectuating any such sale or exchange

it shall be lawful for the said Charles Parker and Edgar Alfred Bowring

and the survivor of them and the executors or administrators of such survivor

with such consent or at such discretion as aforesaid by any Deed or Deeds

to revoke and make void all or any of the used trusts powers and

provisoes hereinbefore limited and declared or to be limited or declared under

the powers hereinbefore contained of jointuring or charging portions of or

concerning the said premises or any part thereof or of or concerning any

undivided share or shares (as the case may require) subject and without prejudice

to any mortgage or other disposition which may have been made under the

trusts of any term of years which shall have been limited under the

aforesaid powers of jointuring or charging portions And to any lease or leases which

may have been granted under any of the powers of leasing hereinbefore

contained And by the same or any other Deed or Deeds to limit declare

direct or appoint any use or uses estate or estates trust or trusts of the

same premises or any part or parts thereof or any undivided share or shares

thereof (as the case may require) which shall be thought necessary or expedient

to effectuate any such sale or exchange And I hereby declare that the

said Charles Parker and Edgar Alfred Bowring and the survivor of them and the

executors and administrators of such survivor shall receive all monies which

may become payable to them or him Upon any such sale or exchange as

aforesaid for or in respect of either the entirety of the same premises or an

undivided share or shares thereof as the case may be and shall with all

convenient speed invest the same in the purchase of other manors lands or

hereditaments in England or Wales for an estate or estates of inheritance in fee

simple or in the purchase of lands of a leasehold or copyphold or customary

tenure convenient to be held therewith or with any hereditaments for the time

being subject to the uses or trusts under this my Will subsisting with respect

to the premises or undivided share of premises so sold or exchanged yet so

Page 30 [page 16 of the actual will]

as that during the life of any person hereby made tenant for life who

shall for the time being be entitled as aforesaid and shall be of full age

every such purchase be made with his or her consent in writing And

I hereby declare that the said Charles Parker and Edgar Alfred Bowring and

the survivor of them and the heirs executors or administrators of such survivor

shall settle and assure or cause to be settled and assured all such of the

manors lands or hereditaments so to be purchased or taken in exchange as

aforesaid as shall be freeholds of inheritance to the uses upon and for the

trusts intents and purposes and with under and subject to the powers provisoes

and declarations in and by this my Will limited expressed and declared (or

under the powers hereinbefore contained of jointuring or charging portions to be

limited expressed and declared) of and concerning the hereditaments and premises

or undivided share or shares of hereditaments and premises so sold or exchanged

as aforesaid or as near thereto as the deaths of parties and other intervening

accidents will admit of but not so as to increase or multiply charges

And shall settle and assure or cause to be settled and assured all such

of the said manors lands or hereditaments so to be purchased or taken in

exchange as aforesaid as shall be of leasehold or copyhold or customary

tenure upon and for such trusts intents and purposes and with under

and subject to such powers provisoes and declarations as shall or may correspond

with and be similar to the uses trusts intents purposes powers provisoes and

declarations in and by this my Will limited expressed and declared (or under

the said powers of jointing or charging portions to be limited expressed and

declared) of and concerning the hereditaments and premises or undivided share or

shares of hereditaments and premises so sold or exchanged as aforesaid or as near

thereto as the different tenure and quality of the premises and the rules of law and

equity and the deaths of parties and other intervening accidents will admit of but

not so as to increase or multiply charges And so that if any of the lands

purchased or taken in exchange shall be held by a lease for years the same

shall not nor shall any undivided share thereof vest absolutely in any person hereby

made tenant in tail male or in tail general by purchase who shall not attain the

age of twenty one years but on his or her death under that age shall go

devolve and remain in the same manner as if they had been freeholds of

inheritance and had been settled accordingly And I hereby declare that the powers

and provisions hereinafter given expressed and contained with reference to the enfranchisement

of my copyhold hereditaments hereinafter devised upon trusts in strict settlement and

with reference to the renewal of leases or grants of any leasehold or copyhold

premises hereinafter bequeathed upon trusts in strict settlement which may be

held for a Lease or Leases or grant or grants for lives or years ordinarily renewable

shall in all respects apply and extend to any hereditaments or premises of like

Page 31 [page 17 of the actual will]

tenure or similarly held which may be purchased or taken in exchange as aforesaid

Provided always and I hereby declare that it shall be lawful for the said Charles

Parker and Edgar Alfred Bowring and the survivor of them and the executors and

administraters of such surviver by and out of the monies to arise from any such

sale or to be received for equality of exchange as aforesaid to pay any money which

upon any exchange made in exercise of the aforesaid power in that behalf shall

or may be payable by the trustees or trustee for the time being acting in the

exercise of the same power for equality of exchange and also to raise any

money agreed to be paid by the said trustees or trustee for equality of exchange

by mortgage of the hereditaments to be received in exchange or of any other

hereditaments for the time being subject under this my Will to the same

uses or trusts as the hereditaments taken or received in Exchange as aforesaid

And to make all such appointments assignments surrenders and other assurances

And to do all such other acts as shall be necessary or expedient for

effectuating any such mortgage or mortgages And no mortgage advancing money

upon any mortgage purporting to be made under this power shall be bound

to see that such money is wanted or that no more than is wanted is

raised Provided also and I hereby declare that it shall be lawful for

the said Charles Parker and Edgar Alfred Bowring and the survivor of them and

the executors and administrators of such surviver upon the request of any person

hereby made tenant for life who shall for the time being be entitled as

aforesaid And shall be of full age or if there shall be no person for the

time being entitled as aforesaid and of full age then at their or his discretion

to apply or join and concur in applying any money to arise by any such

sale or exchange as aforesaid in or towards paying off or discharging any mortgage

or other charge or incumbrance for the time being affecting any hereditaments

then subject under this my Will to the same uses or trusts as the hereditaments

sold or exchanged And I hereby declare that until the money to arise by every

or any such sale or exchange as aforesaid shall be disposed of as hereinbefore

directed it shall be lawful for the said Charles Parker and Edgar Alfred Bowring

and the survivor of them and the executors or administrators of such survivor

with the consent of any person hereby made tenant for life who shall for

the time being be entitled as aforesaid And shall be of full age And subject

as aforesaid at the discection of such trustees or trustee for the time being

to place oout such money or any part thereof in their or his names or name

in or upon any of the Parliamentary stocks or public funds of Great Britain

or upon Government or Real securities in England or Wales but not in Ireland

And with the like consent and at the like discretion to alter vary or transpose

the said stocks funds and securities into or for others of the same description

And I hereby declare that the interest dividends and annual produce of such stocks

Page 32 [page 18 of the actual will]

funds and securities shall be paid and applied to such person or persons for such

intents and purposes and in such manner as the rents and profits of the

hereditaments to be purchased therewith would be payable or applicable in case

such purchase or purchases and settlements as aforesaid were then actually made

Provided always and I hereby declare that the receipt or receipts in writing of

the said Charles Parker and Edgar Alfred Bowring and the survivor of them and

the executors and administrators of such surviver or of the trustees or trustee for the

time being acting or entitled to act in the execution of the aforesaid powers of

sale and exchange for any money which may become payable for the purchase

of any hereditaments or undivided share of hereditaments which may be sold under

the said power of sale or for equality of exchange And for any money advanced

by a mortgagee or mortgagees upon any mortgage purporting to be made under

the power hereinbefore contained of raising money by mortgage and for any other

money which may be paid to the said Charles Parker and Edgar Alfred

Bowring or the survivor of them or the executors or administrators of such

survivor under or by virtue of this my Will or in the execution of any

of the trusts or powers hereof shall effectually discharge the person or persons

paying such money from the same And from being bound to see to

the application or being answerable for the misapplication or nonapplication thereof

Provided also and I hereby declare that during the continuance and subsistence

of the estate hereinbefore devised to my Wife during her widowhood the powers

of sale and exchange hereinbefore contained and all and singular the clauses and

provisions relating thereto or connected therewith shall in all respects apply to the

hereditaments and premises so devised to my said Wife as aforesaid but so

nevertheless that in all cases where the consent of the tenant for life in

possession is hereinbefore made requisite the consent of my said Wife shall as

respects such last mentioned hereditaments and premises or the produce of sale

thereof be requisite in like manner And I hereby declare that in the event

of the said hereditaments and premises so devised to my said Wife as aforesaid

or any part thereof being during the continuance of her estate therein sold

or exchanged jointly and together with any other of the hereditaments and premises

hereinbefore devised in strict settlement it shall be lawful for the person or persons for

the time being entitled to exercise in respect to such other hereditaments and

premises the powers of sale and exchange hereinbefore contained (nevertheless with such

consents as are prescribed in reference to the exercise of such last mentioned powers) to

enter into such agreement or agreements with my said Wife as shall from time to time

be deemed expedient for the apportionment either of any purchase monies to be received

or of any lands to be taken in exchange or of any lands to be purchased with

the produce of sale of the lands sold or as shall otherwise be deemed expedient

for the ascertainment and determination of the property in which my said Wife is to be

Page 33 [page 19 of the actual will]

considered as taking an estate during her widowhood And I declare that every such

agreement as aforesaid shall be binding and conclusive upon all persons claiming under

this my Will I give and devise all and every my copyhold messuages lands

tenements and hereditaments held of the Manors of Dorking Great Bookham and

Wistomble otherwise Westhumble and all other my copyhold hereditaments (if any)

situate within the said Parishes of Dorking Leatherhead Great Bookham Mickleham and

Newdigate or any other Parishes adjoining thereto respectively including any Copyhold

hereditaments situate within the five Parishes last aforesaid or any or either of them

which I may hereafter acquire by purchase or otherwise and of or to which I

may be seized or entitled at the time of my death Unto and to the use of the said

Charles Barker and Edgar Alfred Bowring their heirs and assigns according to the

custom or customs of the manor or manors of which the same respectively are holden

and at and under the rents fines heriots suits and services therefore respectively due and

of right accustomed Upon and for such trusts intents and purposes and with under

and subject to such powers provisoes and declarations as shall or may as nearly

correspond with and be similar to the uses trusts intents and purposes powers provisoes

and declarations hereinbefore limited and declared of and concerning the freehold

hereditaments and premises [hereinbefore devised in strict settlement as the different

tenure and quality of the premises] and the rules of law and equity will permit

but not so as to increase or multiply charges Provided always and I hereby

declare that it shall be lawful for the said Charles Parker and Edgar Alfred

Bowring and the surviver of them and the executors or administrators of such survivor

at any time or times during the continuance of the trusts of these presents to contract

with the Lord or Lords of any Manor whereof any of the said copyhold hereditaments

hereinbefore devised upon trusts in strict settlement shall be holden for the enfranchisement

upon such terms as may be thought reasonable of any such copyhold hereditaments

And I hereby declare that any money which may be required for the purpose of

effecting any such enfranchisement may be paid and raised out of the same monies and

in the like manner in all respects as hereinbefore authorized with respect to monies

payable for equality of exchange And that no mortgage advancing any money purporting

to be required for the purposes of such enfranchisement shall be bound to see that such

money is in fact required or that no more than is required is raised I give devise

and bequeath all and every the leasehold messuages lands tenements and

hereditaments situate within the said parishes of Dorking Leatherhead Great Bookham

Mickleham and Newdigate or any or either of them (whether holden for any life

or lives or for any term or terms of years absolute or determinable with any life or

lives) of or to which I am now or at the time of my death shall or may be

seized possessed or entitled for any estate or interest which I can devise or bequeath

by Will or of which I now have power to dispose by this my Will unto the said

Charles Parker and Edgar Alfred Bowring their executors administrators and assigns for

Page 34 [page 20 of the actual will]

all such estate term or interest as I shall have therein respectively at the time of

my decease Upon trust that they the said Charles Parker and Edgar Alfred

Bowring or the survivor of them or the executors or administrators of such survivor

do and shall by and out of the rents profits and annual produce thereof pay

the rents and annual sums (if any) reserved in and by the leases thereof respectively

and observe and perform the covenants and conditions (if any) in the said Leases

respectively contained and on the part of the several Lessees or their respective executors

administraters or assigns to be observed or performed And subject thereto do and

shall stand and be seized or possessed of and interested in the said leasehold

premises upon and for such trusts intents and purposes and with under and subject

to such powers provisoes and declarations as shall or may as nearly correspond with

and be similar to the uses trusts intents purposes powers provisoes and declarations

hereinbefore limited declared and contained of and concerning the freehold hereditaments

and premises hereinbefore devised in strict settlement as the different tenure and quality

of the premises and the rules of law and equity will permit but not so as to

increase or multiply charges Provided always and I hereby declare my Will to

be that such of the said last mentioned hereditaments and premises as are holden

for any lease or leases for years shall not nor shall any undivided share thereof

vest absolutely in any person hereby made tenant in tail male or tail general

by purchase of the said freehold hereditaments and premises hereinbefore devised in

strict settlement unless such person or persons shall attain the age of twenty one years

but on his or her death under that age shall go devolve and remain in the

same manner as if they had been freehold of inheritance and had been included

in the devise in strict settlement hereinbefore contained Provided always And I

hereby declare my Will to be that the said Charles Parker and Edgar Alfred

Bowring and the surviver of them and the heirs exccutors or administrators respectively

of such survivor do and shall from time to time as occasion shall require in the

ordinary course of renewal use their and his best endeavors to obtain on the

accustomed reasonable terms a renewed lease or leases grant or grants of such of the

said leasehold or copyhold premises as shall be held for a lease or leases or grant

or grants for lives or years ordinarily renewable And do and shall from time to time

make do and execute all such surrenders acts deeds matters and things as shall be

requisite or expedient for obtaining such renewals And I hereby further declare that

the fines fees and expences of such renewals shall from time to time be defrayed by

and out of the premises of which such renewals are to be obtained respectively so and

in such manner that the several persons beneficially entitled to the same under or

by virtue of this my Will shall contribute to the expense of such renewals in the

proportions in which according to the Rules of the Courts of Equity they would be

bound to contribute in the absence of any provision in this my Will as to the

parties at whose expense such renewals are to be made Provided always and I

Page 35 [page 21 of the actual will]

hereby further declare that it shall be lawful for the said Charles Parker and Edgar

Alfred Bowring or the survivor of them or the excutors or administrators of such

surviver to pay or raise any money which shall be required for the renewal of any

such lease or grant as aforesaid out of the same monies and in the same manner

in all respects as monies payable for equality of exchange are hereinbefore authorised to

be paid and raised but subject nevertheless and without prejudice to the equities and

obligations inter so of the persons claiming under this my Will as to defraying the

fines fees and expenses of such renewals And I declare that no mortgagee

advancing any money purporting to be required for the purposes of such renewal

shall be bound to see that such money is wanted or that no more than is

wanted is raised I give devise and bequeath all the estates which at my

death shall be vested in me upon any trusts or by way of mortgage and of which I

shall at my death have power to dispose by Will unto my said Wife Mary Anne Cubitt

my said son George Cubitt and my Nephew Andrew Cuthell of Clapham Park in the

County of Surrey their heirs executors and administrators respectively according to the nature

thereof respectively Upon the trusts and subject to the equities of redemption which at my

death shall be subsisting or capable of taking effect therein respectively but so that

the money secured on such mortgages be taken as part of my personal estate

And as to all my Freehold copyhold and leasehold messuages tenements and

hereditaments not hereinbefore devised And also the stock in trade credits assets

and good will of the trade or business now carried on by me or which

shall be carried on by me at the at the time of my death And all and singular

other the residue and remainder of my estate and effects wheresoever situate and

of what nature or kind soever the same shall consist at the time of my

decease I give devise and bequeath the same and every part and parcel thereof

with the rights members and appurtenances respectively belonging thereto unto and to

the use of my said Wife Mary Anne my said Son George and my said

Nephew Andrew Cuthill their heirs executors administrators and assigns according to the

respective natures and legal qualities thereof but upon and for the trusts ends

intents and purposes hereinafter declared of and concerning the same And I hereby

direct and declare that my said Wife my said son George and the said

Andrew Cuthell and the survivors and survivor of them and the heirs executors

and administrators of such survivor and all other the trustees or trustee for the

time being acting in the execution of the said trusts ends intents and purposes

hereinafter declared (and all of whom are hereinafter for sake of brevity termed

“my hustees or trustee”) shall stand and be seized and possessed of and

bequeathed to them him and her Upon trust immediately after my decease

to enter into posession thereof or into the receipt of the rents issues and profits

dividends interest and annual produce thereof and at their his or her

Page 36 [page 22 of the actual will]

absolute and uncontrolled discretion either to retain the same in its

existing state at the time of my decease or from time to time or

at any time to convert the same into money or into property of any

other description And as respects more particularly any trade or business

carried on by me at the time of my decease and not only as regards

that portion thereof which may comprise the general business of a Builder

viz^t the execution of works for other persons but also as regards the

speculative portion thereof which consists in the erection of houses and buildings

for the purpose of sale or letting Upon trust that my trustees or trustee

do and shall continue and carry on the same trade or business for and

during such time not exceeding twenty one years from the day of the

date of my decease as they he or she shall in their his or her

absolute and uncontrolled discretion think advisable and at the expiration

of the said period of twenty one years or at any earlier time and even

immediately after my decease if they he or she shall think it advisable

so to do, do and shall wind up the said business and realize and

liquidate the assets and liabilities thereof And I direct and declare that

my trustees or trustee shall during such time as they shall think

fit to carry on the said business have the full and complete control

and management thereof and shall have full power to employ all

such Clerks Foremen Servants Workmen Accountants and Agents at such

salaries wages or for such other compensation and upon such other terms

as my trustees or trustee shall think fit and in general to carry on and

conduct the said business according to the best of their his or her judgment

in such and the same free and unfettered manner as I myself might or

could have done if I had been living and acting therein and shall

have full power to enter into and make all such arrangements contracts or

agreements relative to or concerning the said business and in particular for

the erection or completion of any houses or buildings or for the execution

of any other works either upon or with reference to or in connection with

the lands hereditaments and premises hereby devised and bequeathed in trust

as aforesaid or any part or parts thereof or any other lands or premises to be

granted or demised to my trustees or trustee for the purpose or any buildings

erected or to be erected thereon respectively or otherwise as the case may be

as my trustees or trustee shall think fit and also shall have full power

to complete and carry out or to vary vacate or amend any arrangement in

contract or agrement which I may have made or entered into previously

to my decease or which my trustees or trustee may make or enter into

and to increase or diminish the concerns of the said business from time to

time or to discontinue any particular branch thereof as shall be deemed

Page 37 [page 23 of the actual will]

DL note – the image of this page was duplicated

advisable and to make all necessary purchases and do all other acts and

things for the purpose of carrying on the said business And I hereby declare

that in case my said Nephew Andrew Cuthell shall accept the trusts of these

presents and shall in addition thereto be willing to undertake the active

and immediate management of my said business either in all its branches

or in such branch or branches as it shall be deemed expedient to carry on

then and in such case it shall be lawful for the said Andrew Cuthell

to receive or retain to himself by way of salary for such management such

annual sum not exceeding Two thousand five hundred pounds per annum as

may be agreed on between himself and his Cotrustees or Cotrustee for the

time being And I declare that if at any time when my trustees or trustee

shall discontinue to carry on that branch of my said business which comprizes

the general business of a Builder my said Nephew Andrew Cuthell shall

be living and shall be disposed to carry on such branch of my said business

such last mentioned branch of the said business without paying anything

in respect thereof And I declare that in the event of the said Andrew

Cuthell being disposed to carry on such last mentioned branch of the said

business any arrangement that may be come to for the sale or transfer

to the said Andrew Cuthell of all or any portion of the stock in trade

book debts and other assets of the said branch of the said business or

for the said Andrew Cuthell taking upon himself all or any portion of

the liabilities of the said branch of the said business shall (provided such

arrangement shall be expressly sanctioned by two Cotrustees of the said Andrew

Cuthell) be in all respects valid and binding notwithstanding the circumstance

of the said Andrew Cuthell being a trustee under this my Will And I

further direct and declare that it shall be lawful for my trustees or trustee

at any time or times during the continuance of the trusts hereinafter

declared to sell and absolutely dispose of all or any of the messuages

lands hereditaments and other property devised and bequeathed in trust as

aforesaid (nevertheless as respects the freehold and leasehold premises at Kemp

Town and Clapham whereof trusts are hereinafter declared in favor of my

Wife during her widowhood subject to all and singular the trusts and

provisions relative to the same hereinafter contained) and any other messuages

lands hereditaments or property which for the time being shall be vested in

them him or her upon the trusts of this my Will with the rights

members privileges and appurtenances belonging thereto respectively or with any

other rights privileges or appurtenances which my trustees or trustee shall think

fit to annex thereto or to grant therewith either together or in parcels and

either by public sale or private contract or partly in one way and partly

Page 38 [page 24 of the actual will]

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in another and subject to such special conditions of sale as to title or

otherwise as shall be thought advisable and either subject to any existing

mortgages charges leases or incumbrances affecting the same or not so subject

and with or without any qualification limitation or condition to any person

or persons whomsoever for such price or prices as to my trustees or trustee

shall seem reasonable with full liberty to buy in the same or any part

or parts thereof at any such public sale and again to offer the same for

sale in either of the ways aforesaid and again to buy in and again to

offer for sale as often as shall be thought fit And also from time to

time and as often as shall be thought advisable to annul or vary any

contract that may have been entered into with any person or persons for

the sale of any portion of such messuages lands hereditaments or other

property upon such terms as to my trustees or trustee shall seen expedient

and also to convey assign and assure the messuages lands hereditaments

and other property which shall be so sold as aforesaid unto the purchaser

or purchasers thereof his her or their heirs executors or administrators or as

he she or they shall direct and to receive the purchase monies arising from

such sales and give effectual discharges for the same And I hereby further

declare that it shall be lawful for my trustees or trustee from time to

time during the continuance of the said trusts as they he or she shall

think fit to raise any sum or sums of money on the security of all

or any part or parts of the messuages lands hereditaments or other property

real or personal for the time being vested in them him or her in trust

as aforesaid either by mortgage annuity or deposit of deeds or otherwise howsoever

and for that purpose to make do execute and perform all such conveyances

demises assignments bonds acts deeds matters and things as may be requisite

and necessary for securing the money which shall be borrowed to the satisfaction

of the Lender thereof And also from time to time to pay off all or any

of the said mortgages annuities or charges or all or any mortgages or other

charges which shall be in existence at the time of my death or instead

of paying off the same to substitute new or other mortgages or other securities

in lieu thereof as often as shall be deemed advisable And I hereby further

declare that it shall be lawful for my trustees or trustee when and so

often as they he or she shall think fit during the continuance of the

trusts hereinafter declared to demise and lease all or any part of the messuages

lands and hereditaments for the terme being vested in them him or her and

with the rights members privileges and appurtenances thereto belonging or with

any other rights privileges and appurtenances which my trustees or trustee shall

think fit to annex thereto or to grant or demise therewith to any person

or persons whomsoever for any term or number of years (not exceeding as

Page 39 [page 25 of the actual will]

regards such of the said hereditaments may be leasehold the terms of

years for which the same are held) or in possession or reversion or by way of

future interest and either at the best or most improved yearly rent or rents

that can reasonably be had or gotten for the same without taking any fine

premium or foregift in respect thereof or at a reduced rent and taking

a fine premium or foregift And also to demise or lease all or any part of

the said messuages lands and hereditaments with the rights privileges members

and appurtenances thereto belonging or with such other rights privileges and

appurtenances as my said trustees or trustee shall think fit to annex

thereto or to grant or demise therewith to any person or persons who shall

by willing to build thereon any house or other building or erection whatsoever

or to rebuild or repair any house or building which shall be then standing

on the hereditaments intended to be demised or to expend any sum of money

thereon in the improvement thereof with liberty to take down any building

then standing or being on the said hereditaments intended to be demised for

the purpose of rebuilding the same or carrying into effect the proposed improvement

for any term or number of years (not exceeding as regards such of the

said hereditaments as may be leasehold the terms of years for which the same

are held) either in possession or reversion or by way of future interest and either

at the best rent or rents that can under the circumstances be obtained for

the same or with or without taking any fine premium or foregift in respect

thereof with power to reserve a peppercorn rent or a portion only of the

full rent intended to be ultimately reserved by any such Lease for such a

portion of the term intended to be thereby granted as shall be thought fit

And further that it shall be lawful for my trustees or trustee during the

continuance of the trusts hereinafter declared to supply any person or persons

who shall have taken or agreed to take any ground for building purposes

or any house or other buildings for the purpose of rebuilding repairing or

improving the same with building materials or with any sum or sums

of money for the purpose of enabling or assisting such person or persons to

proceed with such building rebuilding repairing or improvement and to make all

such arrangements for the payment of the value of such building materials or

of the amount of any such advances of money with or without interest as the

said trustees or trustee shall think proper or if thought advisable to agree that

an additional rent shall be reserved in the lease or leases intended to be

granted of the hereditaments agreed to be leased to the person or persons to

whom such building materials or money shall have been supplied or advanced

as aforesaid in lieu and instead of payment in Cash for such building materials

or of repayment in Cash of any such advances And further that it shall be

lawful for my trustees or trustee at all times during the continuance of the

Page 40 [page 26 of the actual will]

Trusts hereinafter declared to demise and lease any portions of the messuages lands

and hereditaments for the time being vested in them him or her in trust

as aforesaid which shall be subject to any contract or contracts for granting a

lease or leases thereof entered into by me or my trustees or trustee either

according to the terms of such contract or contracts or with any deviations

therefrom And in particular to demise and lease any such portions as

aforesaid of the same messuages lands and hereditaments at an apportioned

part of the entire rent by any such contract agreed to be reserved for the

whole of the hereditaments thereby agreed to be demised or at an apportioned

part of the rent remaining unreserved in respect of any undemised portions of

the hereditaments therein comprised as the case may be and to divide and

apportion such entire rent or unreserved rent as the case may be equally

or unequally in anyway that may be thought fit And also to charge

one portion of the premises comprised in any Contract with the entire rent

thereby agreed to be reserved or remaining unreserved as the case may be

or with a portion thereof only in exoneration of any other portion of the same

premises and to demise such exonerated portion at a peppercorn rent and

generall to observe or vary modify release relax or qualify the terms and

conditions of any contract for granting a Lease whether entered into by me or by

my trustees or trustee or to grant a lease or leases of the premises

comprised therein either in accordance with the terms thereof or varying

therefrom And to make all such arrangements for granting a lease or leases

of the premises comprised in any contract and for facilitating the dealings and

transactions of the persons with whom the same shall have been entered into

or their representatives or the persons claiming through or under them as shall

by my trustees or trustee be thought reasonable and proper in such and the

same manner as though my trustees or trustee were absolutely and beneficially

interested in the hereditaments which shall be the subject matter of such

Contracts or Leases And in order to facilitate all such arrangements and to

simplify and strengthen the title of Lessees and others claiming the benefit

of any lease which shall have been granted by my trustees or trustee I

hereby declare that any contract for granting a lease or leases whether

entered into by me or by my trustees or trustee shall (so far as respects,

the rights and interests thereunder of all persons claiming by from or under me

or this my Will) not form any part of the title to the premises to be demised

by any lease or leases to be granted by my trustees or trustee And that

no lessee or lessees named in any lease or any person claiming through

or under such lessee or lessees shall be bound to enquire whether any previous

contract for granting the same existed nor be affected by express notice that

a previous contract did exist or that the lease under which he or they

Page 41 [page 27 of the actual will]

may claim is not in accordance with such contract but every lease

granted by my trustees or trustee under the powers hereinbefore or hereinafter

contained shall as regards the Lessee or Lessees and all persons claiming

under such Lessee or Lessees be deemed and good and valid Lease without

reference to any prior contract or other circumstance whatsoever And I

further declare that it shall be lawful for my trustees or trustee at all

times during the continuance of the trusts hereinafter declared (with or without

taking any valuable consideration for so doing) to release any covenants conditions

or provisions contained in any lease which shall have been granted by

me or by my trustees or trustee And to modify the terms of any lease And

to waive any breaches of covenant that may have taken place and to forego

any right of reentry thatmay have accrued and to grant licences to

do acts which may be contrary to the covenants or provisions of any lease And also

to accept the surrender of any lease either absolutely or for the purpose of redemising

the hereditaments therein comprised by one or more lease or leases at the same

or a different rent or at apportioned equal or unequal rents and for the same

covenants and provisions And also that it shall be lawful for my trustees or

trustee at all times during the continuance of the trusts hereinafter declared to

surrender any lease or leases which shall have been granted to me or to

them him or her and that either absolutely and with or without giving or receiving

any valuable consideration for so doing or for the purpose of having the premises

comprised in the surrendered lease or some portion thereof re-demised either by one

or more lease or leases at the same rent as that reserved by the surrendered lease or

at a different rent or rents or at apportioned equal or unequal rents and for the

same or a different term of years and under and subject to the same or different

covenants and provisions And also that it shall be lawful for my trustees or trustee

at all times during the continuance of the trusts of these presents to pull down and

remove all or any erections and buildings whatsoever erected or to be erected on any

portion of the hereditaments for the time being vested in my trustees or trustee (including

if my trustees or trustee shall think desirable all or any portion of my Workshops

Foundry Engine House and other buildings situate at Thames Bank in the County

of Middlesex) for the purpose of rebuilding or altering the same or for the purpose

of laying out the ground in a different manner and appropriating the same for

different purposes And to sell or dispose of all building materials or to apply

the same towards any intended new buildings or in carrying into effect the

contemplated alterations And also to lay out and appropriate any part or parts

of the lands and hereditaments for the time being vested in them him or her

In trust as aforesaid as and for a Street Square Circus Crescent Road Way Public

Place Sewer or Drain for the improvement of other parts of the messuages lands and

Page 42 [page 28 of the actual will]

hereditaments vested in them as aforesaid or for the convenience of the tenants or

Lessees thereof And to form the same or contribute thereto And either to include any such

Street Square Circus Crescent way public place sewer or drain in any conveyance

demise or assignment which shall be made or executed by my trustees or trustee

under the powers of this my Will or to give up and dedicate the same to the

public or to keep the same in repair at the charge of my Trust Estate or to

make any other arrangement relative thereto or to the repairs thereof according as my

trustees or trustee shall think fit And I hereby further declare that it shall be lawful

for my trustees or trustee at all times during the continuance of the trusts hereinafter

declared with and out of the monies which shall come to their his or her hands

under or by virtue of the trusts of this my Will to purchase for such price or prices

in money or other equivalent as shall be agreed on any messuages lands and hereditaments

whether freehold copyhold or leasehold which they he or she shall think advisable to

purchase And also to pay any sum or sums of money or to give any other

equivalent for the purchase or extinguishment of any rights privileges or powers belonging

to or excercisable by or supposed to belong to or to be exerciseable by any person or

persons and affecting or limiting or supposed to affect or limit the enjoyment of

any part of the messuages lands and hereditaments for the time being vested in my

trustees or trustee in trust as aforesaid and which my trustees or trustee shall think

it advisable to purchase or extinguish And also upon such terms and subject to

such arrangements as shall be deemed advisable to exchange or concur in the exchange

of any part or parts of the messuages lands and hereditaments for the time being vested

in my Trustees or Trustee in trust as aforesaid for any other messuages lands and

hereditaments of the same or different tenure or partly of one tenure and partly of

another And upon such exchange to pay or receive such sum of money or to stipulate

agree for such other equivalent as may be agreed on by way of equality or

compensation for such exchange And also to enter into any Contract or Agreement for and

to accept any lease or leases of any messuages lands and hereditaments at such rents

fines or royalties or rents and fines and royalties And for such terms of years

and under and subject to such covenants restrictions stipulations and agreements as such

trustees or trustee shall think advisable And also to purchase the remainder or reversion

expectant on the determination of any particular estate to which my trustees or trustee

may be entitled in any messuages lands and hereditaments And also to obtain the

release and extingiushment of any rent fine service covenant stipulation or agrement

proviso power or right of re-entry to which any part of my trust estate may from

time to time be subject And to redeem any land tax affecting the same And to

obtain the renewal of any lease under which any part of my Trust Estate may

from time to time be held and generally to act in and about the management

of the messuages lands hereditaments and other property for the time being vested

in my trustees or trustea as may be deemed by them him or her advisable

Page 43 [page 29 of the actual will]

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and for the benefit of the parties beneficially entitled under the trusts hereinafter

declared And I hereby declare that when any lands messuages and hereditaments

shall have been acquired by my trustees or trustee by any of the means aforesaid such

lands messuages and hereditaments shall be subject in all things to the trusts powers

and provisions in this my Will contained in such and the same manner as

if the same had formed part of my residuary estate at the time of my death

and had been included in the devise and bequest thereof herinbefore contained

And that all such parts of the messuages lands and hereditaments from time to

time vested in my trustees or trustee as shall be disposed of by my trustees or

trustee under any of the powers in this my Will contained shall upon such disposition

being made and to the extent thereof be exonerated from the trusts powers and

provisions in this my Will contained And I direct and declare that it shall be

lawful for my trustees or trustee to pay any Call or Calls upon any shares or

stock which I may at the time of my decease hold in any Railway or other

Company and to accept or refuse any New Shares or Stock in any such Railway

or other Company which shall or may after my decease be allotted or appropriated

by such Railway or other Company in respect of any Shares or Stock therein

for the time being vested in my trustees or trustee and to pay any call or

calls to become due in respect of any New Shares or Stock which shall be

accepted by them him or her And also to abstain from paying any Call or

Calls on any such share or shares or stock as aforesaid (whether New or otherwise)

And also to forfeit any such shares or stock or to make any other arrangements

in relation to any such Shares or Stock which my trustees or trustee may think

advisable And I hereby declare that in enumerating the various acts which it

shall be lawful for my trustees or trustee to perform it is not my intention

to limit their powers to the performance of such specific acts only, it being my

Will and Intent and I hereby declare that my trustees or trustee shall have

as full and unqualified power to act and deal in about and with the messuages

lands hereditaments and other property whether real or personal and of what nature

or kind soever which for the time being shall be vested in them him or her

in carrying out and effectuating such arrangements as such trustees or trustee shall

think it prudent to carry out and effectuate as they he or she would have had

in case they he or she had been absolutely and beneficially entitled to and

interested in such messuages lands hereditaments and property estate and effects And

I hereby declaw that subject and without prejudice to all and singular the powers

and provisions hereinbefore contained and all which powers and provisions are intended

to be included and referred to in and by the phrase “General Power of Disposition

and management” hereinafter made use of my trustees or trustee shall stand and

be seized and possessed of and interested in All the said messuages lands hereditaments

and property estate and effects (hereinafter for the sake of brevity called “my Trust

Estate”) and the rents dividends interest profits of business and other yearly profits

and produce thereof Upon trust by with and out of the Corpus or Principal of my said

Page 44 [page 30 of the actual will]

Trust Estate to pay and discharge my funeral and testamentary expenses and debts

and also any mortgage debts or incumbrances which shall at the time of my death

be secured or charged upon the hereditaments herinbefore devised and bequeathed to uses

or upon trusts in strict settlement or any part thereof and that whether such

mortgage debts shall have been created by myself or not it being my wish

and intention that as between the persons entitled to the said hereditaments so

so devised and bequeathed in strict settlement as aforesaid and the parties beneficially

in strict settlement shall be absolutely exonerated and discharged from all mortgage

debts and other incumbrances (except any rent charge or quit rent charged thereon

or issuing thereout) which may exist at the time of my death And upon

further trust from time to time by and out of the said rents dividends interest

profits of business and other yearly profits and produce to retain and provide

for all expences of management rates taxes repairs insurance and other annual

outgoings and also satisfy and keep down the interest of any debts or

incumbrances for the time being affecting or charged upon my Trust Estate

And I further declare that subject and without prejudice to the said general

powers of disposition and management and after such payment and discharge

retainer and provision and satisfaction and keeping down as hereinbefore respectively

directed my trustees and trustee do and shall stand seized and possessed of

and interested in my said Trust Estate and the net income thereof Upon and for

the trusts intents and purposes and with under and subject to the powers provisoes agreements

and declarations hereinafter declared of and concerning the same respectively (that is to say

First As regards my said Wife Mary Anne Cubitt I direct and declare that

my said trustees or trustee for the time being shall out of the net income of my

trust estate pay unto my said Wife for her own absolute use and benefit until

the day on which she shall marry again a clear annuity or yearly sum of

Eight thousand pounds by equal quarterly payments at Lady day Midsummer day

Michaelmas day and Christmas day in each year and so in proportion for any

less period than a quarter of a year which shall or may elapse between the

last quarterly day of payment of the said Annuity And the day when the

same shall cease to be payable the first quarterly payment of the said Annuity

of Eight thousand pounds to be due and payable on such of the before mentioned

quarter days as shall occur next after the day of my decease notwithstanding

that an entire quarter of a year from the day of my decease shall not then

have elapsed And I further direct and declare that my trustees or trustee

do and shall stand seized and possessed of my freehold house known as

No 13 Lewes Crescent Kemp Jown in the Parish of Brighthelmstone ^Sussex together

with the Stables in the rear thereof (if any) and the appurtenances thereto

belonging and my leasehold dwellinghouse wherein I now from time to time

reside situate in Clapham Park in the Parish of Clapham in the

County of Surrey with the Coachhouses Stables outbuildings and

Page 44 [page 31 of the actual will]

Conservatories thereto belonging and the gardens and ornamental ground occupied

therewith containing together about ten acres (part whereof is included in the lease

of the said dwellinghouse and the remainder whereof has not yet been leased to me

by the Trustees of William Atkins Bowyer Esquire deceased under whom I hold the

same by agreement) In Trust for my said wife for her own us and benefit until

such time as she shall marry again And to permit her to occupy the same several

messuages coachhouses stables and premises or to receive and take the rents issues and

profits thereof as she shall think fit she my said wife payings the rent and observing

and performing all the Lessees Covenants and Agreements reserved and contained by

and in the Lease already granted under which the said house and premises at

Clapham and a portion of the ground occupied therewith are now held or reserved or

contained by and in the agreement for a Lease under which the remainder of the

said ground is now held or to be reserved and contained in any Lease under which

the said last mentioned ground shall be held in case a Lease thereof shall hereafter be

granted to me or to my Trustees or Trustee And I direct and declare that

if by reason of a Lease of such last mentioned ground not having been granted to me

in my lifetime my Trustees or Trustee shall take a Lease thereof then the amount

of rent to be reserved by such Lease shall be in the discretion of my Trustees or

Trustee but the same shall not exceed the sum of Fifty pounds per annum unless

my Trustees or Trustee shall be obliged to take the same at a larger rent under

the provisions of the Agreement under which the said ground is held with other

premises And I further direct that if the said freehold and leasehold

premises the Trusts whereof are hereinbefore declared in favor of my said wife

or any part thereof shall at the time of decease be subject to any mortgage

or mortgage my Trustees or Trustee shall when they he or she shall think it

expedient so to do pay off such mortgage or mortgages out of the corpus of my

trust estate or otherwise cause the said premises to be released therefrom and shall

in the meantime by and out of the net income of my trust estate pay and keep

down the interest payable in respect of such Mortgage or Mortgages And

I direct and declare that no Lease or Leases of the messuages lands and

hereditaments the trusts whereof are hereinbefore declared in favor of my said Wife

shall during such period as she shall be entitled to the possession or the rents

and profits thereof be granted by my Trustees or Trustee without the consent

in writing of my said wife And in case my said Wife shall depart this life

without having been married again but not otherwise I direct and declare

that the Trustees or Trustee for the time being of this my Will shall stand

seized and possessed of the said freehold and leasehold premises the Trusts

whereof are hereinbefore declared in her favor upon trust for all or such one

or more exclusively of the other or others of such of my children as shall be

living at the time of the death of my said Wife (if any such there shall be)

Page 45 [page 32 of the actual will]

in such parts shares and proportions and with under and subject to such powers

provisions and conditions and in such manner and form as my said Wife shall by

her last Will and Testament in writing duly executed according to law direct and

appoint or qive and devise the same And the said Trustees or Trustee shall

convey and assign the same accordingly And in default of such devise or testamentary

appointment or in case any such shall be made which shall not be a complete

disposition of the whole of the said messuages and hereditaments or in case

any such devise or appointment if made shall not take effect or shall ^not take full

effect then and in that case I direct and declare that the said messuages and

hereditaments over which such power of testamentary appointment is given as aforesaid

or such of them or such part or parts thereof as shall not pass by any such

devise or appointment ^shall (subject nevertheless and without prejudice to any partial

exercise of the said power of appointment which may have taken place) fall back

into and be deemed part of the Corpus or bulk of my Trust Estate and become

subject to all the General Trusts by this my Will declared of and concerning

my Trust Estate And I further direct that in case my said Wife shall

depart this life without having been married again but not otherwise my said

Trustees or Trustee do and shall as soon after her decease as may be convenient

levy and raise out of the Corpus of my Trust Estate two several sums of

Five thousand pounds and Twenty thousand pounds and do and shall pay

and apply the said sum of Five thousand pounds to such person or persons

upon and for such trusts ends intents and purposes and in such manner

parts shares and proportions as my said Wife shall by her last Will and

Testament in writing duty executed and in which she shall expressly refer

to this present power but not otherwise direct and appoint, it being my

Will and intention that no part of such sum of Five thousand pounds

shall pass by any mere General or Residuary bequest contained in such

Will And do and shall pay the said sum of Twenty thousand pounds unto

all and every or such ne or more exclusively of the other or others of the

children or grand children of my said wife who may be living at her decease

(if any such there shall be) in such parts shares and proportions and

with under and subject to such powers provisions and conditions and in such

manner and form as my said wife shall by her last Will and Testament

duly execute according to Law direct and appoint And I direct and

declare that the said two several principal sums of Five thoousand pounds

and Twenty thousand pounds respectively shall carry interest at the rate of Four

pounds per Cent per Annum from the day of the decease of my said Wife

which interest shall be payable by my Trustees or Trustee out of the

net income of my trust estate and shall be subject to the same powers of

direction and appointment as the said respective principal sums And I declare

NEXT

Page 46 [page 33 of the actual will]

that in default of any direction or appointment by my said wife under the

powers hereinbefore in that behalf contained or so far as any such direction

or appointment shall not extend the said principal sums of Five thousand

pounds and Twenty thousand pounds and the interest thereon respectively shall

not be raiseable or raised but the same respectively shall continue and remain

part of my Trust Estate and the income thereof respectively and be subject to the

General Trusts hereby declared of and concerning my said Trust Estate and the

income thereof And I direct and declare that in case my said wife shall

marry again my Trustees or Trustee shall thenceforth during the remainder

of her natural life pay or cause to be paid into her own hands or with the

hands of such person or persons as the said Trustees or Trustee shall think

advisable and in either case for her use and benefit an Annuity or clear

yearly sum of Six hundred pounds such Annuity to be payable at such

periods and in such proportions as to the Trustees or Trustee shall seem most

for the benefit of my said wife and the same to commence and be calculated

from the day of the marriage of my said Wife and to be paid up to the day

of her death with a proportional part of the said Annuity for so much

of the current year as shall have elapsed at the day of her death And I

hereby declare that the receipt in writing of my said Wife or of the persons

to whom the same shall be paid at the discretion of my Trustees or Trustee

as aforesaid for the said Annuity of Six hundred pounds or any part thereof

when the same shall have accrued due shall alone be good and effectual

discharges to the persons or person paying the same for so much money

as in such receipts shall be acknowledged to have been received and that such

Annuity shall not be subject to the debts control or interference of any

husband of my said wife nor shall my said wife have power in any

manner to anticipate sell charge or dispose of the same or the ???ing in

payments thereof during her coverture by any future husband And I direct

and declare that it shall be lawful for my Trustees or Trustee during such time

as my said Wife shall be entitled to the rents and profits of the said Freehold

and Leasehold premises situate at Kemp Town and Clapham aforesaid the

Trusts wheerof are hereinbefore declared in favor of my said Wife during

Widowhood at the request in writing of my said Wife but not otherwise

to sell and absolutely dispose of the same premises or any of them or any

part thereof in such manner and for such sum or sums as shall be

thought advisable and to lay out the produce of any such sale or sales

in the purchase of any other dwellinghouse or dwellinghoses in any part of

England or Wales with or without gardens land and buildings thereto that

my said Wife shall wish to have purchased And I declare that subject

to the request and wishes of my said Wife hereinbefore made necessary all and

Page 47 [page 34 of the actual will]

every the powers and provisions hereinbefore contained with respect to the sale

and purchase of property generally by my Trustees or Trustee or in relation

thereto or connected therewith shall apply to and be applicable to the sales

and purchases lastly hereinbefore referred to And I declare that the monies

arising from such Sale shall until the same shall be laid out in the

purchase of other property be invested by the said Trustees or Trustee in their his or

her names or name in the Parliamentary Stocks or public funds of Great

Britain or at interest on Government or Real or leasehold securities in England

or Wales and that the stocks funds and securities to arise from such intermediate

investment as aforesaid And also all such other dwelling house or houses to be

purchased as aforesaid shall be subject to all and every the trusts and provisions

hereinbefore declared with reference to the said freehold and leasehold premises at

Kemp Town and Clapham aforesaid or as near thereto as circumstances will permit-

Secondly I direct and declare that my Trustees or Trustee do and

shall by and out of the corpus of my said Trust Estate levy and raise and

pay at the respective times hereinafter in that behalf mentioned the respective

Sums hereinafter specified as and for the respective portions of my four daughters

hereinafter named and do and shall in the meantime and until such respective

portions shall become raiseable and payable by and out of the net income of my

Trust Estate make such intermediate annual payments in lieu of interest on

such portions respectively as are hereinafter respectively mentioned (that is to say)

For the portion of my daughter Ann the sum of Forty thousand pounds to be

raised and paid on the First day of January One thousand eight hundred

and sixty with the following intermediate annual payments in lieu of

interest on the said portion namely One thousand pounds per annum

from the date of my death until the first day of January One thousand eight

hundred and fifty seven and One thousand five hundred pounds per annum from

the First day of January one thousand eight hundred and fifty seven to the

First day of January One thousand eight hundred and sixty – For the

portion of my daughter Mary the wife of the said Charles Parker the Sum of

Thirty four thousand pounds to be raised and paid on the First day of January

One thousand eight hundred and sixty with the following intermediate annual

payments in lieu of interest on such last mentioned portion namely Seven

hundred pounds per Annum from the day of my death to the First day of January

One thousand eight hundred and fifty seven and One thousand two hundred pounds

per annum from the First day of January one thousand eight hundred and

fifty seven to the First day of January One thousand eight hundred and sixty

For the portion of my daughter Sophia the wife of the said Edgar Alfred Bowring

the sum of Twenty eight thousand pounds to be raised and paid on the First

day of January one thousand eight hundred and sixty five with the following

Page 48 [page 35 of the actual will]

intermediate annual payments in lieu of interest on such last mentioned portion

namely Five hundred pounds per Annum from the day of my death until the

First day of January One thousand eight hundred and sixy and One thousand

pounds per Annum from the First day of January One thousand eight hundred

and sixty until the First day of January one thousand eight hundred and sixty

five – And for the portion of my daughter Lucy the sum of Forty thousand pounds

to be raised and paid on the First day of January One thousand eight hundred

and seventy with the following intermediate annual payments in lieu of interest

on such last mentioned portion namely Five hundred pounds per annum from the

day of my death until the First day of January One thousand eight hundred

and sixty One thousand pounds per Annum from the First day of January

one thousand eight hundred and sixy until the First day of January one thousand

eight hundred and sixty five and One thousand five hundred pounds per

Annum from the First day of January one thousand eight hundred and sixty five

until the First day of January one thousand eight hundred and seventy And

I further direct and declare that all the intermediate annual payments in

lieu of interest shall be payable by equal quarterly payments on the First day

of January, the first day of April, the first day of July and the first day of

October in every year, the fast quarterly payment to be due and payable without

deduction or apportionment on such of the same days as shall happen next after my

decease or if I shall die on some one of such quarterly days then the first quartely

payment to be due and payable without deduction or apportionment on the day

of my decease And to avoid doubt I hereby declare that every quarterly

payment falling due on the First day of January in any year shall be deemed

to be due in respect of the Quarter then just elapsed and shall to made according

to the rate of annual payment prescribed in reference to the year then just ended

And I further direct and declare that the said respective portions hereinbefore

expressed to be provided for my said four daughters shall be held by Trustees

and Trustee Upon and for the Trusts intents and purposes and with under

and subject to the powers provisoes declarations and agreements hereinafter expressed

and declared of and containing the same, that is to say,Upon Trust that my

Trustees or Trustee do and shall as and when the same portions respectively

shall become raiseable and payable lay out and invest the same portions

respectively in their his or her names in or upon any of the Parliamentary

Stocks or Public Funds of Great Britain or at interest upon Government  or

Real or Leasehold Securities in England or Wales but not in Ireland or ???

upon the Stocks Funds Shares Loan Notes Debentures Mortgages or Securities of

any Company incorporated by Act of Parliament or of any Foreign Government

or State, with power from time to time to vary and transpose such stocks

Funds or securities into or for others of the same or a like nature at their

Page 49 [page 36 of the actual will]

his or her discretion but so nevertheless that in every case where any person

who shall for the time being be beneficially entitled under the trusts hereinafter

declared to the income of the stocks funds and securities to be invested or

varied shall be of full age such investment or variation shall be made only

with the consent in writing of such person and which consent shall as

respects any such person bring a ?feine? covert be effective notwithstanding her

Covertur And upon further Trust that my Trustees und Trustee do and shall

during the life of each such daughter pay the interest dividends and annual proceeds

of the stocks funds and securities in or upon which her portion may be laid out or

invested to such daughter for her sole and separate use independently and exclusively

of her husband (if any) for the time being and of his debts controul interference

and engagements But to nevertheless that such daughter shall not have power to deprive

herself of the benefit thereof by any disposition thereof by sale mortgage charge or

otherwise in the way of anticipation and the receipts of each such daughter whether

covert or sole to be alone good and effectual discharges for the said interest dividends

and annual proceeds and from and after the death of each such daughter do and

shall stand possessed and interested of and in her said portion and the stocks

funds and securities in or upon which the same may be laid out or invested and

the interest dividends and annual proceeds thereof in trust for all and every or

such one or more exclusively of the others or other of the children or remoter

issue of such daughter (such issue to be born in the lifetime of such daughter)

and with such provision for their respective maintenance and education or advancement

and at such age day or time or respective ages days or times and if more than

one in such parts shares and proportions and with such annual sums of money

and limitations over for the benefit of the said children or remoter issue aforesaid

or some or one of them and upon such conditions with such restrictions and

in such manner as such daughter whether covert or sole shall by any deed

or deeds duly executed or by her last Will and Testament in writing or any

Codicil or Conticils thereto or any writing or writings in the nature of or purporting

to be a Will or Codicil at any time or times direct or appoint and in default

of and until such direction or appointment and so far as any such direction or

appointment shall not extend I trust for all and every the children and

child whether born in my lifetime or after my decease of such daughter who

being a Son or Sons shall attain the age of Twenty one years or being a

daughter or daughters shall attain that age or marry under that age with

the consent of her or their Guardians or Guardian for the time being such

Children if mor ethan one to take in equal shares as tenants in common

and if there shall be but one such child the whole to be in trust for such

one child Provided always and I hereby declare that no child of such daughter

who or whose issue shall take any share of stocks funds and securities under or

Page 50 [page 37 of the actual will]

by virtue of any direction or appointment to be made in pursuance of the

power hereinbefore in that behalf contained shall have or be entitled to any

further share of the same stocks funds and securities of which in such direction

or appointment shall have been made as aforesaid without bringing the share

or shares appointed to him or her or to his or her issue into hotchpot

and accounting for the same accordingly And I declare that if there shall

be no child of such my daughter who being a Son shall attain the age of

twenty one years or being a daughter shall attain that age or marry under that

age with such consent as aforesaid then after the decease of such my daughter

and such default or failure of children as aforesaid which shall last happen

my Trustees or Trustee shall stand possessed of and interested in the said

portion of such my daughter and the stocks funds and securities in or upon

which the same may be laid out or invested and of and in the interest dividends

and annual produce thereof or so much thereof respectively as shall not have

become vested or been applied in pursuance of any appointment made by such

my daughter under the power of appointment in favor of children or remoter

issue hereinbefore contained Upon and for such trust intents and purposes and

with under and subject to such powers provisoes and declarations at such my

daughter whether covert or sole shall by her last Will and Testament in writing

or any Codicil or Codicils thereto or any writing or writings in the nature of

or purporting to be a Will or Codicil at any time or times direct or appoint

And that in default of and until such last mentioned direction or appointment

And so for as any such direction or appointment shall not extend the portion

of each such daughter and the stocks funds and securities in or upon which

the same may be laid out and invested and the dividends interest and annual

produce thereof shall sink into the residue of my said Trust estate and be

subject to all and singular the trusts and provisions hereby declared of and

concerning my said trust estate Provided always and I hereby declare my

Will to be that notwithstanding all or any of the trusts hereinbefore declared

concerning the portion of each of my said daughters in favor of her children it

shall be lawful for each of my said daughters when married and notwithstanding

her coverture (but as respects either of my said daughters Ann and Lucy, not if

such daughter shall in my lifetime have married without my consent or shall

after my decease and in my wife’s lifetime have married without the consent of

my said Wife or shall after the decease of both myself and my said wife

have married whilst under age and without the concent of her Guardians or

Guardian for the time being by her last Will and Testament in writing or any

writing or writings in the nature of or purporting to be a Will or Codicil to

direct or appoint 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

Page 51 [page 38 of the actual will]

be laid out or invested shall immediately from and after her decease be paid

to her husband during his life or for any less period And I declare my

Will to be that the respective intermediate annual papments hereinbefore directed

to be made in lieu of interest on the respective portions hereinbefore expressed

to be provided for my said daughters shall be paid and applied to the same

persons for the same purposes and in the same manner in all respects as

of the said respective portions had by this my Will been made raiseable

and payable immediately after my decease and as if the said annual ^{payments in lieu of interest had in fact been interest dividends and annual} proceeds

arising from the respective stocks funds and securities whereon such portions are

hereinbefore respectively directed to be laid out and invested Provided always

and I hereby declare that in case either or both of my sid daughters Ann

and Lucy shall in my lifetime marry without my consent or shall after my

decease and in my wife’s lifetime marry without the consent of my said wife

or shall after the decease of both myself and my said wife marry whilst

under age and without the consent of her or their guardian or guardians

for the time being then and in such case and as from the date of my

decease or as from the date or respective dates of such marriage or respective

marriages the intermediate annual payments hereinbefore directed to be made in lieu

of interest on the portion or respective portions of the daughter or daughters

so marrying shall be reduced to one half of the amount hereinbefore named

and such reduced annual payments only shall thenceforth and until the same

shall cease be paid and applied to the same persons for the same purposes

and in the same manner in all respects as the annual payments originally

directed to be made would under the Clause last hereinbefore contained have been

payable or applicable And I hereby further declare my Will to be that in

case any one or more of my said daughters shall die in my lifetime leaving

children or a child who shall be living at my decease then and in such case

and notwithstanding such decease or deceased the portion or portions and annual

payments in lieu of interest thereon respectively hereinbefore expressed to be provided

for such daughter or daughters shall not be deemed to have lapsed but the said

portion or portions shall be raised at the time or respective times hereinbefore

specified for raising the same respectively and shall together with the annual

payments in lieu of interest thereon respectively be held and applied upon and for

such trusts intents and purposes and with under and subject to such powers

provisoes and declarations upon for with under and subject to which the

same are hereby directed to be held and applied from and after the deceased or respective

deceases of such daughter or daughters but not so as to give to any Deed or

Testamentary Instrument executed by any such daughter in her lifetime the

operation or effect of a valid exercise of any power of appointment hereinbefore

or in reference to the portion herein before expeiped

given to such daughter over or in reference to the portion hereinbefore expressed

Page 52 [page 39 of th actual will]

to be provided for her –

Thirdly – I direct and declare that my Trustees and Trustee do

and shall by and out of the corpus of my said trust estate levy and raise and

pay at the respective times hereinafter mentioned for the absolute use and

benefit of my two younger Sons William and Charles respectively (but as regards

my Son Charles provided he shall attain the age of twenty one years) the

respective sums hereafter respectively mentioned and also do and shall in the

meantime and until such sums shall become raisable and payable by and out

of the net income of my trust estate make such intermediate annual payments

in lieu of interest on such sums as hereinafter respectively mentioned (that is

to say) for the absolute use and benefit of my said Son William his executors

administrators and assigns the sum of Eighty thousand pounds, One moiety

thereof to be raised and payable on the First day of January one thousand

eight hundred and sixty five – Twenty thousand pounds further part thereof

to be raised and payable on the First day of January one thousand eight

hundred and seventy and Twenty thousand pounds the residue thereof to

be raised and payable on the First day of January one thousand eight

hundred and seventy five with the following intermediate annual payments

in lieu of interest until the said first moiety of the said sum of Eighty

thousands pounds shall be raised, namely, One thousand pounds per annum

from the day of my decease until the first day of January One thousand eight

hundred and sixty and One thousand five hundred pounds per annum from

the First day of January one thousand eight hundred and Sixty five and for

the absolute use and benefit of my said Son Charles his executors administrators

and assigns (provided he shall attain the age of twenty one years but not

otherwise) the sum of Eighty thousand pounds One moiety thereof to be raised

and payable on the First day of January one thousand eight hundred and

seventy five Twenty thousand pounds further part thereof to be raised and

payable on the First day of January one thousand eight hundred and eighty

and Twenty thousand pounds the residue thereof to be raised and payable

on the First day of January one thousand eight hundred and eighty five

with the following intermediate annual payments in lieu of interest until the

said first moiety of the said Sum of Eighty thousand pounds shall be raised

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, One thousand pounds per annum from the First day

of January one thousand eight hundred and sixty five to the First day of

January One thousand eight hundred and seventy and and One thousand five hundred

pounds per Annum from the First day of January one thousand eight hundred and

Page 53 [page 40 of the actual will]

seventy to the First day of January one thousand eight hundred and seventy

five And I hereby direct and declare that the said annual payments

in lieu of interest shall be payable in the same quarterly days and under and

subject to the same provisions and declarations and in the same manner in

all respects as I have hereinbefore directed and declared with respect to the

annual payments hereinbefore directed to be made in lieu of interest in respect

of the portions hereinbefore provided for my four daughters And I hereby

further direct and declare that in the event of my said wife dying

before my said Son Charles shall have attained the age of twenty one years

my Trustees or Trustee do and shall during his minority by and out of

the net income of my trust estate pay and apply such sum or sums as

my Trustees or Trustee shall think proper for or towards the maintenance and

education of such son but not exceeding the amount of Three hundred and

fifty pounds her annum –

Fourthly. I direct and declare that my Trustees or Trustee do

and shall by and out of the Corpus of my said Trust Estate levy and raise

and pay unto my Brother Lewis Cubitt his excutors administrators or assigns

the sum of Ten thousand pounds, the same to be raiseable and payable at the

expiration of two years after my decease And also do and shall in the mean

and payable by and out of the net income of my trust estate pay unto

my said Brother Lewis his executors administrators or assigns an Annuity of

Five hundred pounds in lieu of interest on the said sum of Ten thousand

pounds which last mentioned Annuity shall be payable on such quarterly

days and with such proportionate part and in such manner in all respects

as are and is hereinbefore prescribed with respect to the Annuity of Eight

thousand pounds hereinbefore directed to be paid to my said Wife

Fifthly – I direct and declare that my said Trustees and Trustee

do and shall as or by way of portions or provisions for my two Neices

Ellen Cubitt and Agnes Cubitt the daughters of my said Brother Lewis Cubitt

levy and raise by and out of the Corpus of my trust estate at the expiration

of Five years after my decease two severall sums of Two thousand pounds

each and do and shall in the meantime and until such two several sums

of Two thousand pounds shall become raiseable and payable pay out of the

net income of my trust estate two several Annuities of One hundred pounds each

as or in lieu of interest on the said two several sums of Two thousand pounds

and which two several Annuities shall be payable on such quarterly days

and with such proportionate parts and in such manner in all respects as

are and is hereinbefore prescribed with respect to the Annuity of Eight thousand

Pounds hereinbefore directed to be paid to my said Wife And I direct

Page 54 [page 41 of the actual will]

and declare that the portions hereinbefore provided for my said Nieces

shall be held by my Trustees or Trustee and the said Annuities in lieu of

interest thereon shall be paid and applied by them him or her Upon and

for such Trusts for Investment and other Trusts for the benefit of my said

Nieces respectively and their respective children, issue and husbands, and with

under and subject to such powers of appointment and other powers provisoes

declarations and agreements as are hereinbefore expressed and declared with

reference to the portions hereinbefore expressed to be provided for my said

daughters and with reference to the annual payments in lieu of interest on

such respective portions And that in the same manner in all respects as if

the clauses hereinbefore contained relating to my said daughters portions

and to the annual payments in lieu of interest thereon from and commencing

with the Clause for investment and down to and including the Clause

terminating at the thirty ninth – Sheet of this my Will and which Clause

is immediately followed by this word “Thirdly” had (with the exception of the

Clauses or passages applicable only to my daughters Ann and Lucy been

here repeated word for word substituting only for the words “daughter” or

“daughters” where they occur in such clauses the words “niece” or “nieces” as

the case may require-

Sixthly – I direct and declare that my Trustees or Trustee do and

shall as or by way of provisions for my two nephews John Cuthell and the

said Andrew Cuthell the Sons of my deceased Sister Mary Agnes Cuthell

by and out of the Corpus of my trust estate levy and raise at the

respective times hereinafter mentioned the respective sums hereinafter specified

that is to say the sum of Four thousand pounds at the expiration of Three

years from the date of my decease as a provision for my said Nephew John

Cuthell and the sum of Twenty thousand pounds at the expiration of Ten years

after my decease as a provision for my said nephew Andrew Cuthell And

I direct that my Trustees and Trustee do and shall in the meantine and

until the said Sum of Four thousand pounds shall become raiseable and

payable by and out of the net income of my trust estate pay the annual sum

of One hundred pounds as and for or in lieu of interest on the said sum of

Four thousand pounds which last mentioned annual sum shall be payable

on such quarterly days and with such proportionate part and in such manner

in all respects as are and is hereinbefore prescribed with respect to the Annuity

of Eight thousand pounds hereinbefore directed to be paid to my said Wife

And I direct that my Trustees and Trustee shall as and when the same

respectively shall become raiseable and payable hold the said respective sums of

Four thousand pounds and Twenty thousand pounds hereinbefore directed to be

raised as provisions for my said two nephews Upon and for the trusts intents

Page 55 [page 42 of the actual will]

purposed and with under and subject to the powers provisoes declarations and

agreements hereinafter expressed and declared of and concerning the same (that

is to say) Upon Trust that my Trustees or Trustee do and shall as and

when the same principal sums shall become raiseable and payable lay out and

invest the same respectively in their his or her names or name in or upon

any of the Parliamentary Stocks or Public funds of Great Britain or at interest

upon Government or Real or Leasehold securities in England or Wales but not in

Ireland or in or upon the Stocks funds shares loan notes debentures mortgages or

Securities of any Company incorporated by Act of Parliament or of any Foreign

Government or State with power from time to time to vary and transfer such

Stocks Funds or Securities into or for others of the same or a like nature at their

his or her discretion but so nevertheless that in every case where any person

who shall for the time being be beneficially entitled under the Trusts hereinafter

declared to the income of the Stocks funds and securities to be invested or

varied shall be of full age such investment or variation shall be made

only with the consent in writing of such person And upon further trust

that my Trustees or Trustee do and shall pay the dividends interest and

annual proceeds of the Stocks funds and securities to arise from each

provision hereinbefore expressed to be made for each of my said Nephew unto each

such nephew during his life or until he shall be outlawed or be found and

declared a Bankrupt or become an Insolvent Debtor within the meaning of

some Act of Parliament for the relief of Insolvent Debtors or shall assign

charge or incumber the said dividends interest and annual proceeds or some

part thereof or shall do some act or thing whereby the same or some part

thereof might if the same belonged absolutely to such nephew become vested in

or payable to some other person or persons and from and after the death of

each such nephew or other sooner determination of the said trust hereinbefore

declared for his benefit do and shall pay the dividends interest and annual proceeds

of the Stocks funds and securities to arise from the provision hereinbefore expressed

to be made for him unto the surviving wife (if any) of each such Nephew

and her assigns during her life or until she shall marry again and from

and after her death or second marriage whichever event shall first happen do

and shall stand posessed of and interested in as well the stocks funds and

securities to arise from the provision hereinbefore expressed to be made for each

of my said nephews as the dividends interest and annual proceeds thenceforth to

accrue due for the same In Trust for all and every or such one or more

exclusively of the others or other of the children of such nephew with such

provision for their respective maintenance and education or advancement at such

age day or time or respective ages days or times and if more than one in such

parts shares and proportions and with such annual sums of money and

Page 56 [page 43 of the actual will]

limitations over for the benefit of the said children or some or one of them

and upon such conditions with such restrictions and in such manner as such

nephew shall notwithstanding the previous determination of the trust hereinbefore

declared for his benefit by any deed or deeds duly executed or by his last Will

and Testament or any Codicil or Codicils thereto at any time or times direct or

appoint And in default of and until such direction or appointment and so far

as any such direction or appointment shall not extend In Trust for all and

every the children and child whether born in my lifetime or to be born after

my decease of such nephew who being a Son or Sons shall attain the age of twenty

one years or being a daughter or daughters shall attain that age or marry

under that age with – the consent of her or their Guardian or Guardians for the

time being such children if more than one to take in equal shares as tenants

in common And if there shall be but one such child the whole to be in trust

for such only child Provided always and I hereby declare that no child or

children of either of my said nephews taking any share of stocks funds and

securities under or by virtue of any direction or appointment to be made by his

her or their father in pursuance of the power hereinbefore in that behalf

contained shall have or be entitled to any further share of the same stocks

funds and securities of which no such direction or appointment shall have

been made as aforesaid without bringing his her or their appointed share or

shares into hotchpot and accounting for the same accordingly And I declare

that if there shall be no child of such my newphew who being a Son shall

attain the age of twenty one years or being a daughter shall attain that

age or marry under that age with such consent as aforesaid then from and

after the decease of such nephew or other sooner determination of the trust

hereinbefore declared for his benefit And such default or failure of children

my Trustees and Trustee shall stand possessed of and interested in the stocks

funds and securities arising from the provision hereinbefore made for such

nephew and the interest dividends and annual produce thereof Upon Trust

for such Nephew his executors administrators and assigns absolutely And I

hereby declare and direct that the said annual sum of One hundred pounds

hereinbefore directed to be paid in lieu of interest on the said sum of four

thousand pounds hereby provided for my nephew John Cuthell shall be paid

and applied to the same persons for the same purposes and in the same

manner in all respects as if the said sum of Four thousand pounds had

by this my Will been made raiseable and payable immediately after my

decease and the said sum of One hundred pounds had in fact been

interest dividends and annual produce of stocks funds and securities arising

from the investment of the said sum of Four thousand pounds pursuant

to the trust for investment hereinbefore in that behalf contained And I

Page 57 [page 44 of the actual will]

hereby further declare that in case either of my said Nephews shall die in my

lifetime leaving either a wife or or more child or children living at my

decease then and in such case and not withstanding the decease of such nephew

the provision hereinbefore expressed to be made for him shall not be deemed

to have lapsed but the same shall be raised at the time hereinbefore specified

for raising the same And the same together with as respects the provision made

for my nephew John Cuthell any annual payments in lieu of interest shall be

held and applied upon and for the trusts intents and purposes and with

under and subject to the powers provisoes declarations and agreement upon for

with under and subject to which the same are hereby directed to be held

and applied from and after the decease of such nephew but not so as to give

to any deed or testamentary instrument executed by any such nephew in his

lifetime the operation or effect of a valid exercise of any power of appointment

hereinbefore given to such nephew ever or in reference to the provision hereinbefore

expressed to be made for him –

Seventhly  I direct and declare that my Trustees and Trustee

do and shall at and by way of provision for my wife’s Sister Martha Bayley

by and out of the corpus of my Trust Estate levy and raise at the expiration

of Five years from the day of my decease the sum of Four thousand pounds

and do and shall in the meantime and until the said sum of Four thousand

pounds shall become raiseable and payable by and out of the net income of

my said trust estate pay the annual sum of Two hundred pounds as for or

in lieu of interest on the said sum of Four thousand pounds which last

mentioned annual sum shall be payable on such quarterly days and with such

proportionate parts and in such manner in all respects as are and is hereinbefore

prescribed with respect to the Annuity of Eight thousand pounds hereinbefore directed

to be paid to my said Wife And I direct and declare that my trustees

and trustee do and shall lay out and invest the said Sum of Four

thousand pounds as and when the same shall become payable in like manner

as is hereinbefore prescribed with reference to the portions hereinbefore expressed to

be provided for my four daughters nevertheless with the consent of the said Martha

Bayley or other the person for the time beneficially entitled as hereinbefore prescribed

with reference to the stocks funds and securities arising from the portions

expressed to be provided for my said daughters And do and shall pay the

dividends interest and annual proceeds f the stocks funds and securities to

arise from the said sum of Four thousand pounds unto the said Martha Bayley

until she shall be found and declared a Bankrupt or become an Insolvent

Debtor within the meaning of some Act of Parliament for the relief of Insolvent

Debtors or shall assign charge or incumber the said dividends interest and

or some past thereof or shall do some act

annual proceeds or some part thereof or shall do some act or thing as hereby

Page 58 [page 45 of the actual will]

the same or some part thereof might if the same belonged absolutly to the said

Martha Bayley become vested in or payable to some other person or persons

And from and after the death of the said Martha Bayley or other the sooner

determination of the trust hereinbefore declared for her benefit do and shall stand

possessed and interested of and in the said sum of Four thousand pounds and

the stocks funds and securities in or upon which the same may be laid out or

invested and the dividends interest and annual proceeds thereof In Trust for all

and every or such are or more exclusively of the others or other of the

children of the said Martha Bayley with such provision for their respective maintenance

and education and advancement at such age day or time or respective ages days

or times and if more than one in such parts shares and proportions and with

such annual sums of money and limitations over for the benefit of the said

children or some or one of them and upon such conditions with such

restrictions and in such manner as the said Martha Bayley whether covert or

sole and notwithstanding the previous determination of the trust hereinbefore declared

for her benefit shall by any deed or deeds duly executed or by her last Will

and Testament in writing or any Codicil or Codicils thereto or any writing

or writings in the nature of or purpoerting to be a Will or Codicil at any time

or times direct or appoint And in default of and until such direction or

appointment and so far as any such direction or appointment shall not extend

In trust for all and every the children and child (whether born in my lifetime

or to be born after my decease of the said Martha Bayley who being a

Son or Sons shall attain the age of twenty one years or being a daughter

daughters shall attain that age or marry under that age with the

consent of her or their guardian or guardians for the time being such

children if more than one to take in equal shared as tenants in common

quarded for the time being such

And if there shall be but one such child the whole to be in trust for such

one child Provided always and I hereby declare that no child of the

said Martha Bayley who shall take any share of stocks funds or securities

under or by virtue of any direction or appointment made by the said Martha

Bayley shall be entitled to any further or other share of the same stocks funds

and securities of which no such direction or appointment shall have been

made as aforesaid without bringing his her or their appointed share or shares

into hotchpot and accounting for the same accordingly And I declare

that if there shall be no child of the said Martha Bayley who being a Son

shall attain the age of twenty one years or being a daughter shall attain

that age or marry under that age with such consent as aforesaid then from

and after the decease of the said Martha Bayley or other the sooner determination

of the trust hereinbefore declared for her benefit and such default or failure of

children as aforesaid my Trustees or Trustee shall stand possessed of and interested

Page 59 [page 46 of the actual will]

in the said sum of Four thousand pounds and the stocks funds and securities

in or upon which the same may be laid out or invested and of and in the

interest dividends and annual proceeds thereof Upon and for such trusts interests

and purposes and with under and subject to such powers provisoes and

declarations as the said Martha Bayley whether covert or sole shall by her

last Will and Testament in writing or any Codicil or Codicils thereto or any writing

or writings in the nature of or purporting to be a Will or Codicil at any

time or times direct or appoint and that in default of and until such last

mentioned direction or appointment and so far as any such direction or

appointment shall not extend the said sum of Four thousand pounds and the

stocks funds and securities in or upon which the some may be laid out or

invested and the dividends interest and annual proceeds thereof shall sink into

the residue of my Trust Estate and be subject to the general trusts and

provisions by this my Will declared of and concerning my Trust Estate And

I hereby direct and declare that the said annual sum of Two hundred

pounds hereinbefore directed to be paid in lieu of interest on the said sum of Four

thousand pounds shall be paid and applied to the same persons and in the

same manner in all respects as if the said sum of Four thousand pounds had

by this my Will been made raiseable or payable immediately after my decease

And as if the said annual sum of Two hundred pounds had in fact been

interest dividends and annual produce arising from stocks funds and securities

produced by the investment of the said sum of Four thousand pounds

And I hereby further declare that if the said Martha Bayley shall

die in my lifetime leaving any child or children who shall be living at my

death then and in such case and notwithstanding the decease of the said Martha

Bayley the said sum of Four thousand pounds and the said annuity of Two

hundred pounds hereinbefore directed to be paid in lieu of interest thereon shall not

be deemed to have lapsed but the same shall be raised at the time hereinbefore

specified for raising the same and be held and applied upon and for such

trusts intents and purposes and with under and subject to such powers

provisoes and declarations upon for with under and subject to which the said

Sum of Four thousand pounds and annual sum in lieu of interest thereon are

hereby directed to be held and applied from and after the decease of the said

Martha Bayley but not so as to give to any deed or testamentary instrument

executed by the said Martha Bayley in her lifetime the operation or effect of a

valid exercise of any power of appointment hereinbefore given to the said Martha

Bayley over or in reference to the said sum of Four thousand pounds and

annual payment in line of interest thereon –

Eighthly  I direct and declare that Trustees or Trustees do

and shall as soon as conveniently may after my decease by and out of

Page 60 [page 47 of the actual will]

Corpus of my Estate purchase of and from Government an Annuity of Fifty two

pounde to commence from my decease and to be payable during the life of

my Coachman William Hamsher unto him for his use and benefit And

also an Annuity of Twenty six pounds to commence from my decease and

to be payable during the life of my Housekeeper Mrs Emmerson unto her for

her use and benefit And I direct and declare that in case it shall prove

inconvenient or unpracticable to purchase the said Annuities or either of them

my Trustees or Trustee do and shall in the meantime or in default of the

purchase thereof pay the same Annuities out of the net income of my Trust

Estate to the said two Annuitants by equal half yearly payments And I

direct that the Legacy Duty payable in respect of the bequests made by this

Clause shall be payable out of my Trust Estate –

Ninthly  I declare that save as respects the interest given to my

Wife during her Widowhood in the freehold and leasehold premises situated at

Kemp Town and Clapham hereinbefore mentioned, nothing in this my Will

contained shall be deemed to confer on any of the bequests made or sums directed

to be paid in and by the eight previous Clauses or paragraphs of this my

Will any right of preference or priority but in the event of the corpus of

my Trust Estate being inadequate to answer and satisfy in full all the bequests

or sums hereinbefore directed to be paid out of the said corpus, the said bequests

or sums shall abate pro rata and in the event of the net income of my trust

estate being inadequate to answer and satisfy in full all the sums ^hereinbefore directed to

be paid out of net income, the said last mentioned sums shall in each

year during which such inadequacy shall occur abate rateably and no sums

directed to be paid out of net income shall be chargeable upon or payable

out of the corpus of my trust estate But in case the said net income shall

during any year or years be inadequate as aforesaid and there shall in any

Subsequent year or years be any surplus net income after meeting all charges

then such subsequent surplus net income shall be applicable in and or towards

payment and satisfaction pro rata of the amounts previously deducted by way of

abatement Provided always that no subsequent surplus net income shall be

liable to the satisfaction of any amounts which shall have been deducted by way

of abatement more than Six years previously to the time when the existence of

such surplus net income shall be ascertained –

Lastly  I declare and direct that subject and without prejudice to

the general powers of disposition and management hereinbefore contained and subject

to the payment and discharge of my funeral and testamentary expences and debts

and incumbrances as hereinbefore directed And subject to the payment and

satisfaction of the bequests specified under the eight heads or paragraphs

hereinbefore contained my said Trustees and Trustee do and shall stand possessed

Page 61 [page 48 of the actual will]

of the corpus of my trust estate and the income thereof upon and for such

trusts intents and purposes and with under and subject to such powers provisoes

and declarations as shall or may most nearly correspond with and be similar to

the uses trusts intents purposes powers provisoes and declarations hereinbefore limited

and declared of and concerning the freehold hereditaments and premises hereinbefore

devised in strict settlement or at near thereto as the different tenure and quality

of such portion of my trust estate as may not be freehold and the rules of Law

and equity will permit but not so as to increase or multiply charges Provided

always and I hereby declare my Will to be that such portions of my said trust

estate as shall consist of hereditaments holden for any Lease or Leases for

years or of other personal estate shall not nor shall any undivided share or

shares thereof vest absolutely in any person by this my Will made tenant in tail

male or tenant in tail general by purchase of the said freehold hereditaments herein

before devised in strict settlement or of any undivided share or shares thereof unless

such person or persons shall attain the age of twenty one years But the same

leasehold hereditaments or other personal estate shall be on the decease of any such

person being tenant in tail male or in tail general by purchase under or by

virtue of this my Will go devolve and remain in the same manner as if the

same had been freehold of inheritance and had been included in the devise

in strict settlement hereinbefore contained Provided also and I hereby direct

and declare that it shall be lawful for my Trustees and Trustee from time to

time provided they he or she shall think it expedient so to do to convey

and assure any freehold hereditaments forming part of my trust estate for the

time being vested in them him or her and which in their his or her opinion

shall be no longer required for the payment or discharge of the said funeral

and testamentary expences debt and incumbrances nor for the purpose of answering

and satisfying the bequests specified under the eight heads or paragraphs

hereinbefore referred to, To the uses upon and for the trusts intents and purposes

and with under and subject to the powers provisoes and declarations hereinbefore

limited and declared of and concerning the freehold hereditaments and premises herein

before devised in strict settlement Provided also and I hereby declare that it

shall be lawfull for my Trustees and Trustee provided they he or she shall to

think fit to levy and raise all or any of the portions or sums hereinbefore

directed to be levied and raised previously to the times hereinbefore fixed for levying

and raising the same in which case the annual payments or annuities herein

before respectivly directed to be made in lieu of interest on such portions or sums

shall as from the time of such portions or sums being raised and paid

cease and determine Provided also and I hereby declare that it shall be

lawful for my Trustees or Trustee if they he or she shall so think fit in?stead?

of levying or raising all or any of the Pecuniary Sums hereinbefore

Page 62 [page 49 of the actual will]

directed to be levied and raised to appropriate or allot in lieu thereof an equivalent

portion of any real or personal estate for the time being forming part of the corpus

of my Trust Estate and to convey or assign or declare the trusts of the ssid

portions of real or personal estate so to be appropriated which said portions of real

or personal estate so conveyed or assigned or whereof the trusts shall be so declared

shall thenceforth be freed and discharged from the general trusts in this my Will

contained concerning my trust estate and be subject only to the trusts and provisions

applicable to the pecuniary sum in lieu of which the said portions of real

personal estate shall have been appropriated or allotted but with the addition of a

trust for sale and conversion of the same portions of real and personal estate

into stocks funds and securities And I declare that as regards the interests of

all persons beneficially entitled any such portions of real estate which may be

appropriated or allotted as aforesaid shall until such sale and conversion be

deemed and taken to be personal estate and be in equity transmissible accordingly

And I direct and declare that the Opinion and decision of the said Trustees or

Trustee as to the value of any freehold leasehold or copyhoold hereditaments or other

real or personal estate to be allotted and appropriated under the provisions

last hereinbefore contained shall to all intents and purposes be final and

conclusive and bind all parties And I suggest (but not so as to fetter or

limit the judgment or discretion of my trustees or trustee in the matter as a general

rule for estimating the value of any leasehold premises which may be allotted as aforesaid

that (subject nevertheless to the peculiar circumstances of each case the value of

leasehold property held in lease for a term of which fifty years or more shall

be unexpired and which shall be underlet at a rack rent ^{for a term} of which Seven years or

more shall be unexpired shall be taken at Sixteen times the amount of the net

rackrent And where the same shall be underlet at an improved Ground Rent and

Fifty years or more shall be unexpired of the Underlease the value thereof shall be

taken at Twenty two times the amount of the net improved Ground rent regard being

had in all cases to the value and proximity of the reversion expectant on the

determination of the particular estate Provided also and I hereby direct and

declare that in order to avoid all doubt and and question as to what may be the

amount of the net annual income of my Trust estate whether arising from

My said business or from any other portion of my trust estate or in reference

to the provision respecting net income contained in the Ninth Clause or paragraph

of this my will it shall and may be lawful for my Trustees or Trustee to

decide and determine what ought to be deemed and considered to be the amount

of such net income And also in the event of any inadequacy thereof what

abatement or abatements ought to be made in respect of any sum or sums

payable out of net income and also in case of there being at one time an

inadequacy of net income and then a surplus net income what portion or

Page 63 [page 50 of the actual will]

portions of such surplus net income ought or ought not to be applied towards

satisfying any amount or amounts previously deducted by way of abatement

And I expressly declare that the principles to be adopted in estimating the

profits of my said business either in reference to unproductive Capital or to

deterioration of machinery or depreciation of Stock in trade or otherwise shall be Up

entirely to the discretion of my Trustees or Trustee who shall from time to time

decide and declare whether having regard to all circumstances it ought to be

considered that any profits have been made from my said business during any

year, and if any, what the ammount thereof ought to be taken at And I declare

that the decision and declaration of my Trustees or Trustee in reference to all or

any of the matters by this proviso referred to their decision and determination

shall be final and conclusive upon all parties interested under this my Will

and my Trustees or Trustee shall not be bound to give any statement or

reason to justify or explain the decision or determination at which they may

have arrived it being my intention that they he or she shall have full

complete and uncontrolled discretion in this matter And I hereby direct

that at the end of the year in which my death shall occur an account

shall be taken and a valuation made of all my Stock in trade And of all

houses lands hereditaments and other property estate and effects whatsoever for

the time being vested in the Trustees or Trustee of this my Will And of all

debts liabilities and charges so as to show as truly as possible an exact

Statement of affairs And I further direct that a similar account shall

be taken at the end of every year during the continuance of the trusts of

this my Will Provided always and I hereby further declare that it shall

be lawful for my Trustees or Trustee at any time or times if they he ^or she

shall think fit so to do [but so that in regard to any stocks funds or

securities in which any person may have a prior estate for life or other prior

interest the same be done with his or her consent in writing which consent

shall as respects any such person being a feine covert be valid and effectual

notwithstanding her Coverture] to raise and apply all or any part of parts

of the then vested or then presumptive share of any or every child of any of

my said four daughters or of either of my said Nieces Ellen Cubitt and Agnes

Cubitt or of either of my said nephews John Cuthell and Andrew Cuthell or of

my said Sister in Law Martha Bayley of and in the respective Stocks

funds and securities hereinbefore respectively directed to be held in trust for the

children of such daughters nieces nephews and Sister in Law for or towards the

respective preferment advancement or benefit of such child Provided also and

I hereby further declare that [subject and without prejudice to and after the

determination of any prior interests for life or other prior interests which my said

daughters nieces nephews and Sister in Law or the husbands of any such

Page 64 [page 51 of the actual will]

daughters or nieces or any other person may have or take in the respective stocks

funds and securities hereinbefore directed to be held in trust for the children of

such daughters nieces nephews and sister in law or in the annual payments

hereinbefore directed to be made in lieu of interest) it shall be lawful for my

said Trustees or Trustee during the minority or minorities of any child or children

of any of my said daughters nieces nephews and Sister in Law to pay and apply

all or so much as my said Trustees or Trustee shall think proper of the interest

dividends and annual produce of the then expectant or presumptive share or

shares of such child or children of and in the said respective stocks funds or securities

or of or in any annual payments hereinbefore directed to be made in lieu of interest

for or towards his her or their respective maintenance and education or otherwise

for his her or their benefit And I declare that my said Trustees or

Trustee do and shall accumulate all the residue (if any) of such interest

dividends and annual produce and of such annual payments in lieu of interest

in the way of compound interest by investing the same and all the resulting

income and produce thereof from time to time in or upon stocks funds or

securities of the class hereinbefore prescribed for investment in reference to the

principal sum from which such interest dividends and annual produce shall have

arisen or in lieu of interest on which such annual payments shall have been made

And do and shall hold all such accumulations for the benefit of the person

or persons who under the trusts herein contained shall become entitled to the

principal fund from which the same respectively shall have proceeded or (as

respects any accumulations arising from annual payments in lieu of interest

to the principal fund in lieu of interest on which such annual payments shall

have been made with power for my Trustees or Trustee to resort to the accumulation

of any preceding year or years and to apply the same as to my said Trustees

or Trustee shall seem meet towards the maintenance and education of the child

or children who shall for the time being be presumptively entitled to the same

respectively in like manner as such accumulations might have been applied under

the power hereinbefore contained in case the same accumulations had been interest

dividends or annual produce arising from the original Trust fund in the year

in which the same shall be so applied for maintenance and education –

Provided always and I hereby declare my Will to be that it shall be lawful

for my Trustee or Trustee when and so soon as or at any time after any

principal sum of money hereinbefore directed to be raised as a portion or provision

for any one of my said daughters nephews or neices or for my Sister in law

shall be raised pursuant to the provisions of this my Will with the

consent in writing of such daughter nephew niece or Sister in Law

(and as regards females whether then covert or sole) to pay assign convey

or otherwise transfer such principal sum of money or such part of my trust

Page 65 [page 52 of the actual will]

estate (if any) as may have been appropriated in lieu or satisfaction thereof

under the trusts hereinbefore contained unto a distinct set of Trustees not

exceeding three in number to be nominated by such daughter nephew niece

or Sister in law and approved of by my Trustees or Trustee Upon such

trusts and with all such powers and authorities (to be declared by deed duly

executed) as shall as nearly as may be correspond with the trusts powers and

authorities by this my Will declared and given of and concerning or in respect of

the portion or provision directed to be raised for such daughter nephew niece or

Sister in Law so as that such distinct set of Trustees and their Successors shall

thenceforth so far as regards the portion provision in question stand in the place

and stead of my Trustees or Trustee And every such deed shall contain

such powers of appointing new Trustees from time to time and for the

undemnification of Trustees and making the receipts of Trustees sufficient

discharges and for the investment of the Trust fund and the change of

securities and the purchasing leasing sale or exchange of any freehold copyhold

or leasehold messuages lands or hereditaments and other such powers provisoes

and conditions as my Trustees or Trustee and such daughter nephew niece or

Sister in law shall think proper and advisable Provided also and I hereby

declare that it shall be lawful for my said Trustees or Trustee to compromise

or compound any Action Suit proceeding difference dispute claim or demand

relating to my Trust Estate or any part thereof upon any terms which they he or

she shall think proper And to refer any such difference dispute claim or

demand to arbitration And to do all acts and execute all instruments expedient

for such purposes or any of them And in all cases in which any questions of law

or equity shall arise in relation to my said Trust Estate to settle and arrange

the same in such manner as shall be advised by their or his or her Counsel

And to abandon or relinquish any claim in relation to all or any part of my said

Trust Estate which their his or her Counsel shall advise them him or her

to abandon or relinquish land to adjust settle and approve all accounts in

relation to ^{all or any part of my said Trust Estate and generally to compromise settle and} adjust all claims accounts demands and questions in anywise

relating to or affecting my said Trust Estate and to execute and do all

releases and things in relation to the premises as fully and absolutely to all

intents and purposes as my Trustees or Trustee could do if they he or she were

or was the absolute Owners or Owner of my said Trust Estate Provided

Always and it is hereby agreed and declared that the receipt or receipts in writing

of my said Wife my said son George and my said nephew Andrew Cuthell or the

Survivors or survivor of them or the heirs executors or administrators of such

Survivor or of the Trustees or Trustee for the time being acting in the execution

of the trusts of these presents for the purchase money of any property

hereby directed or authorized to be sold and for any other monies stocks funds

Page 66 [page 53 of the actual will]

securities paid or transferred to them or him under or by virtue of these

presents or in the execution of any of the trusts hereof shall be an effectual

discharge or effectual discharges for such monies stocks funds or securities

And that the person or persons to whom the same shall be given his her

or their heirs executors administrators or assigns shall not afterwards be answerable

or accountable for any loss misapplication or nonapplication of such monies stocks

funds or securities or be in any wise obliged or concerned to see to the application

therof Provided always and I do hereby declare my Will to be that if

the said Charles Parker, Edgar Alfred Bowring, my said Wife, my said Son

George, my said nephew Andrew Cuthell or any future Trustee or Trustees to be

appointed in their his or her place or respective places shall die or be abroad

for twelve Calendar months at one time be desirous of being discharged

of and from or refuse or decline or become incapable to act in the trusts

or powers hereby in them respectively reposed or to them respectively given as

aforesaid before the said respective trusts or powers shall have been fully executed

performed or discharged or shall have become incapable of taking effect (And

I hereby declare that in the event of my wife marrying again she shall

for the purposes of this provision be deemed to have became incapable to act

in the trusts or powers reposed in her) then and in such case and when

and so often as the same shall happen it shall be lawful for the

surviving or continuing Trustee or Trustees for the time being And for this

purpose any Trustee or Trustees retiring from or declining to act in the Trusts

reposed in him or her shall if willing to act in the exercise of this present

power be considered a continuing Trustee or continuing Trustees for the executors

or administratoors of the last surviving or continuing Trustee for the time being

by writing under his their or her hands or hand to nominate substitute or

appoint one or more person or persons to be a Trustee or Trustees in the stead

or place of the Trustee or Trustees so dying or being abroad or desiring to

be discharged or refusing declining or becoming incapable to act as aforesaid

And that when and so often as any new Trustee or Trustees shall be nominated

and appointed as aforesaid all the trust estates monies and premises (if any

which shall then be vested in the Trustee or Trustees so being abroad or

desiring to be discharged or refusing declining or becoming incapable to act as

aforesaid either soley jointly with the other Trustee or Trustees of the same

respectively or in the heirs executors or administrators of the last surviving

Trustee of the same respectively (as the case may be) shall with all

convenient speed be conveyed assigned and transferred in such sort and manner

and so as that the same shall and may be legally and effectually vested

in the surviving or continuing Trustee or Trustees of the same respectively and

such new and other Trustee or Trustees or if there shall be no continuing

Page 67 [page 54 of the actual will]

Trustee or Trustees of the same respectively then in such new Trustees solely

upon the trusts hereinbefore declared of and concerning the same Trust

estates monies and premises respectively or such of the same Trusts as may be

then subsisting or capable of taking effect And I do hereby declare that

the Trustee or Trustees so to be nominated substituted or appointed as

aforesaid shall and may either before or after the said Trust Estates monies

and premises (if any) shall have been so vested in him or them solely

or jointly as aforesaid in all things act and assist in the management

carrying on and execution of all the trusts and powers to which he or they

shall be so appointed in comjunction with the other then surviving or

continuing Trustee or Trustees of the same respectively if there shall be

any such surviving or continuing Trustee or Trustees and if not then by

himself or themselves as fully and effectually and shall and may have

and exercise all the same power and powers authority and authorities to

all intents effects constructions and purposes whatsoever as if he or they had

been originally in and by this my Will nominated a Trustee or Trustees respectively

shall be appointed Trustee or Trustees And as the Trustee or Trustees in

this my Will named his or their heirs executors or administrators in or to

whose place such new Trustee or Trustees shall respectively come or

succeed are or is enabled to do or could or might have done under and

by virtue of this my Will if then living and continuing to act in

the trusts or powers hereby reposed on or limited to him or them

Provided always and I do hereby declare that the said several

Trustees hereby nominated and appointed or to be appointed by virtue of the

Proviso lastly hereinbefore contained and each and every of them and the

heirs executors administrators and assigns of them each and every of them

shall be charged and chargeable respectively only for such monies is they

shall respectively actually receive by virtue of the trusts hereby in them

reposed notwithstanding his their or any of their giving or signing

or joining in giving or signing any receipt or receipts for the sake of

conformity and any one or more of them shall not be answerable or

accountable for the other or others of them or for the acts receipts neglects

or defaults of the other or others of them but each and every of them

only for his and their own acts receipts neglects or defaults respectively

And that any one or more of them shall not be answerable or

accountable for any Banker Broker or other person with whom or in

whose hands any part of the said trust monies shall or may be

deposited or lodged for safe custody or otherwise in the execution of the Trusts

of this my Will or any of them And that they or any of them

or any

Page 68 [page 55 of the actual will]

shall not be answerable or accountable for the insufficiency or deficiency

of any security or securities stocks or funds in or upon which the said

trust monies or any part thereof shall be placed out or invested

nor for any other misfortune loss or damage which may happen in

the execution of the aforesaid trusts or in relation thereto except the same

shall happen by or through their own wilful default respectively And also

that it shall be lawful for them the said Trustees in this my Will

named and such future Trustee or Trustees so to be appointed as

aforesaid and every or any of them their and every of their heirs executors

administrators and assigns by and out of the monies which shall come to

their respective hands by virtue of the trusts aforesaid to retain to and

reimburse himself and themselves respectively and also to allow to his and

their Cotrustee and Cotrustees all costs charges damages and expences which

they or any of them shall or may suffer sustain expend disburse be

at or be put unto in or about the execution of the aforesaid

Trusts or in relation thereto Provided also and I hereby declare

that it shall be lawful for my Trustees or Trustee (meaning thereby

according to the definition or explanation hereinbefore contained, the

Trustees or Trustee for the time being of my General Residuary

Trust Estate only and not the said Charles Parker and Edgar Alfred

Bowring or any Trustees or Trustee to be appointed in the place of

them or either of them) to retain out of the net income of my

Trust Estate as a compensation for the trouble and loss of time of

such Trustees or Trustee such annual amount as my said Trustees

or Trustee may agree upon not exceeding One hundred pounds per annum

for each Trustee Provided always and I declare that my

said Nephew Andrew Cothell shall not be entitled to receive any

such Compensation during such time as he shall under the provision

hereinbefore in that behalf contained be in the receipt of a Salary for

Management And I hereby appoint my said Wife to be the

sole Guardian of any Infant Child and Children which I may

leave at the time of my decease, during the minority or respective

minorities of such my Infant Child or Children And in the

event of my said Wife dying before all such Infant Children

shall have attained the age of Twenty one years I appoint

my said son George and my said Nephew Andrew Cuthell and

the Survivor of them to be the Guardians and Guardian

of such child or children during the minority or minorities of

such child or children And I hereby appoint my said Wife my

Page 69 [probate]

Proved at London with four Codicils 10^th of Jan[uar]y 1856

Before the Worshipful Alfred Waddilove Doctor of Laws

& Surrogate, by the Oaths of Mary Anne Cubitt widow

the Relict, George Cubitt Esq[ui]re the Son and Andrew Cuthell

Esquire the Nephew, the Executors to whom Adm[initrati]on was –

granted having been first sworn to administer –

Page 70 [page [56] of the actual will]

said Son Gearge and my said Nephew Andrew Cuthell to be the Executrix

and Executors of this my Will In Witness whereof I the said

Thomas Cubitt the testator have to this my last Will and Testament

contained in Fifty six Sheets of Paper, set my hand and seal, that is to

say, my hand to the first Fifty five sheets thereof and my hand and seal

to this fifty sixth and last sheet thereof this First day of August

in the year of Our Lord One thousand eight hundred and fifty five

Signed sealed published and acknowledged                     }

by the said Thomas Cubitt the testator as and for his last    }

Will and Testament in the presence of us (present at the      }         Tho[ma]s Cubitt (seal)

same time) who at his request, in his presence and in the     }

presence of each other have hereunto subscribed our Names     }

as Witnesses:

                          James Hopgood

                          14 King Williams Strand

                                    Sol[icito]r

                          Jos: Hr Barnes

                          Cl[er]k to Mr Ja[me]s Hopgood.

                                                         31th December 1855.

Mary Anne Cubitt Widow the Relict George Cubitt, Esquire

the Son and Andrew Cuthell Esquire the Nephew the Executors

named in this Will with four Codicils thereto were duly

sworn to the truth and faithful performance thereof

as usual that the whole of the Goods Chattels and

Credits of the Deceased are in value upwards of One Million

pounds and that he died on the twentieth day of December

instant (1855)

Upper value           }

?Dame? Jellicoe ???   }

The Testater Thomas Cubitt was late of                            A Waddilove

Denbies near Dorking in the County of

Surry and of Lyall Street Belgrave Square

in the County of Middlesex Builder

deceased The Testator died at the same place.

Page 76

1st

August 1855

Sumry

Will 44 God! Je Midt

Will

Thomas Cubill

–í–æ—Å—Å

14

Jan 7 1856

Ext

353

Riste

PRO 10 7453

[1] Binding is hiding the first word of this sentence.

[2] I’m not 100% certain of this word. Could do with an image of higher resolution to see the finer details of the text.