The Will of Arthur Cuthbert Esq
(who died in 1787)
This is the last will and testament of me Arthur Cuthbert of Berners Street, Oxford Rd in the County of Middlesex Esquire. First I direct that all my just debts and financial expenses shall be paid as soon as may be after my decease and I desire to be interred according to the rights and ceremonies of the Church of England in my vault in Epsom Church in the County of Surrey close to the bodies of my late much beloved wife and son attended by . . . and one . . . coach only. I give unto my Brother Alexander Cuthbert of Old Burlington Street in the County of Middlesex Esquire George Marsh Esquire one of the Commissioners of His Majesty's Navy my Son-in-Law William Marsh of Berners Street aforesaid Esquire John Marsh of Bloomsbury Square in the said County of Middlesex and James Morrison of the . . . in the Tower of London Esquire the sum of Forty Thousand Pounds upon Trust that they do lay out the same as same or and of . . . Public funds or Government Securities or in Mortgage or in Mortgages of any freehold or copyhold . . . in England or Wales as they or the major part of them shall think fit and to apply the Interest and Dividends thereof or so much thereof as they shall think fit for the maintenance and Education of my youngest Daughter Sarah Cuthbert and improve the - surplus thereof until she shall marry with the Consent of my said Trustees or the Major part of them or the Major part of the survivors of them or attain the Age of Twenty One years which shall first happen. And Upon further Trust upon such her marriage with Consent or attaining the Said age which shall first happen to pay or Assign the said Forty Thousand Pounds or the Securities thereon the same shall then be placed out and all improvements thereof unto my said Daughter but in case she shall Marry under such Age without such Consent then I direct my said Trustees to stand possession of one equal eighth part thereof in Trust to pay the surplus thereof into the proper hands of my said Daughter Sarah during her life for her separate use whose Receipt alone shall be a sufficient discharge and from and immediately after her decease to assign the Principal to or amongst her child or children equally at the Age of Twenty One Years being Sons of that Age or Marriage which shall first happen being Daughters with benefit of survivorship amongst them as will in respect of assuming as Original Shares in case of any of their deaths in the mean time and the Interest to be applied for their maintenance and Education or advancement till these shares become payable and if my Daughter Sarah so marrying without such consent under the age of twenty one years shall have no child or children or being such all of them die before any son shall attain the age of twenty one years or any daughter shall attain that Age or marry then my said Trustees shall from and after the death of my said daughter Sarah shall stand possession of the said Eighth part in trust for such person or persons as she by deed or will notwithstanding her coverture and whether Covert or sold shall direct or appoint and in default of such direction or appointment in Trust for her Executors or Administrators and upon further Trust to stand possession of the remaining seven equal eighth parts the said forty thousand pounds and all improvements thereof in trust for my Son James Ramsay Cuthbert and my said daughter Amelia Marsh now the wife of the said William Marsh equally to be divided between them shares and shares alike and in case of the death of the said Amelia Marsh in the meantime I give her share thereof equally amongst her then (three ?) children and in case of the death of my said Son in the meantime I give his shares thereof to my said daughter Amelia or if she shall be then dead to and amongst her then children equally (* and if my said Daughter Sarah shall die under the said age of twenty one not having been married then I give the said forty thousand pounds and all improvements thereof unto my said son James Ramsay Cuthbert and my said Daughter Amelia Marsh equally to be divided between them an in case of the death of the said Amelia in the mean time I give her shares thereof equally amongst her then children divided and in case of the death of my said son in the mean time I give his share thereof to my said daughter Amelia or if she shall be then dead to and amongst her then children equally). I give unto my Mother Anna Littlejohn and to Alexander Littlejohn her husband and an annuity or that yearly sum of one hundred pounds to be paid to them and the survivor of them half year for their lives and the life of the longer lives of them and to commence from the quarter day next proceeding my decease. I give unto Martha the widow of my deceased brother Peter Cuthbert one annuity or that year sum of sixty pounds for her life to be paid (for half year and to commence in like manner and I direct that the same may be paid) into her own hands for her sole use whose receipt alone shall be a sufficient discharge. I give to my Mother [in law?] Phillis Hopkins one annuity or that yearly sum of three hundred pounds for her life to be paid her half yearly and to commence in like manner. I give to Arthur Cuthbert son of my said deceased brother Peter Cuthbert three thousand pounds to be paid to him when he shall attain the age of twenty one years and until he shall attain that age the same shall be laid out by my executors in the funds and the interest applied for his maintenance and Education and in case of his death before such age having Issue then the said Legacy shall go to or be equally divided among his child or children to be paid him her or them at the Age of twenty one years with benefit of survivorship among them as well in respect of assuming as original shares in case of any of their deaths under that age and the interest to be applied for their maintenance and Education till that Age. And for want of such Issue then I direct the said Legacy shall fall unto the residue of my Estate. I give unto Arthur Gray the eldest son of my sister Mary Gray three thousand pounds to be paid to him at his Age of twenty one years and until he shall attain such age the same to be laid out by my executors in the funds and the interest applied for his maintenance and Education and in case of his death before such Age leaving Issue then the same Legacy shall go to and be equally divided among his child or children to be paid to him her or them at the age of twenty one years with such benefit of survivorship as aforesaid. In case of any of their deaths under that Age and the Interest to be applied for their maintenance and Education till that age and for want of such Issue then I direct the last mentioned Legacy shall fall unto the residue of my estate. I give unto Margaret Cuthbert daughter of my deceased brother Peter Cuthbert the sum of five hundred pounds to be paid her on her marriage with consent of her grandmother Anna Littlejohn or at her age of twenty one years which shall first happen and in the meantime the same to be laid out by my Executors in the funds and the Interest applied for her maintenance and Education but in case the said Margaret Cuthbert shall marry under the said Age without such consent or shall die under that age not having been married with such consent then I direct such last mentioned Legacy shall fall into the residue of my Estate. I give to the daughters and younger sons of my Sister Mary Gray by her present husband five hundred pounds such to be paid to sons at the Age of twenty one years and to daughters at that age or marriage which shall first happen and in the mean time the said Legacy to be laid out by my Executors in the funds and the Interest applied for their respective maintenance and Education with benefit of Survivorship amongst them in case of any of their deaths before their said Legacies shall become payable as will in respect of assuming as Original Shares. I give to my said Sister the said Mary Gray and to her present husband one annuity or that yearly sum of Eighty pounds to be paid to them and the survivors of them half yearly for their lives and the life of the longer liver of them and to commence from the Quarter day next proceeding my decease. I give to my cousin James Ramsay now of Edinburgh one annuity or that yearly sum of fifty pounds for his life to be paid half yearly and to commence from the quarter day next proceeding my decease. I give to Jane Dove the Governess to my daughter the sum of one thousand pounds to be paid within one month after my decease I give to my said Trustees the said Alexander Cuthbert George Marsh William Marsh John Marsh and James Morrison the sum of five hundred pounds each and I charge and make liable all my personal estate with the payment of the said annuities and Legacies and with other Legacies as I shall give by any codicil to this my will or other writing in my own hand. I give and devise my capital messuage and mansion house called Woodcote situate in the parish of Epsom in the County of Surry and all lands Parks tythes and hereditaments whatsoever to the same belonging with the Appurtenances unto and to the use of my said Trustees my said Brother Alexander Cuthbert, George Marsh, William Marsh, John Marsh and James Morrison and their Heirs in Trust as soon after my decease as conveniently can be to sell and dispose thereof together or in parcels with or by public auction or otherwise as my said Trustees or the Survivors or Survivor of them or his Heirs shall see fit and I hereby direct my said Trustees for the time being to stand possession of the . . . Monies arising by such sale or sales and of the rents and profits of the said hereditaments till sold as part of the residue of my personal Estate and apply the same accordingly. And for facilitating such sale or sales as aforesaid I hereby devise that it shall be lawful for my said Trustees for the time being from time to time and at all times upon payment of the Monies arising upon the sale of all or any part of the hereditaments hereby made saleable to sign and give a proper Receipt and Receipts for such Monies which Receipt shall at all times shall be good and sufficient discharge to any purchaser or purchasers for the purchase Monies for which such premises or any part thereof shall be sold and which in such Receipts shall be expected to be . . . And such purchasers respectively shall not afterwards be answerable for any loss misappropriation or nonapplitation of such purchase Monies. I give all my Leasehold Estates and all the residue of my personal estate and effects of what nature or kind prove and such Monies Legacies and other provisions shall in . . . of the directions aforesaid be considered as or constitute part of my personal estate and all my mortgages in fee and for years and the lands and hereditaments therein . . . for all my estate and interest therein unto the said Alexander Cuthbert, George Marsh, William Marsh, John Morrison and their Heirs Executors, and Administrators according to the Nature and Quality of the same . . . respectively on trust that they so invest all my said personal Estate (Leaseholds excepted) in some or all of the public funds or Governments Securities or on Mortgages of any freehold or Copyhold lands Tenements or Hereditaments in England or Wales as they or the major part thereof them shall think fit (with full power and authority to alter vary and change the said Mortgages or securities from time to time at their discretion and so pay and apply the Rents and Profits of my Leasehold Estates and the dividends or Interest of the same funds or mortgages or so much thereof as they shall think fit for the maintenance and Education of my said Son James Ramsay Cuthbert and improve the Surplus thereof until he shall attain his Age of twenty one years or die in the mean time and while and as soon as my said son shall attain such age then upon further trust to pay transfer and assign my said Leasehold estates and all the rest residue and remainder of my said personal estate and effects or the securities whereon the same shall have been placed out and all improvements thereof into my said son James Ramsay Cuthbert. But if the die under the age of twenty one years leaving issue then I will and direct my said Leasehold estate and all the rest residue and remainder of my said personal estate and all securities for the same and all improvements thereof shall go to all and every whether one or more the child and children of my said son to be equally divided between them if more than one at their respective ages of twenty one years being sons or at that age or marriage which shall first happen being daughters and in the mean time the Interest thereof to be applied for their maintenance and education and the surplus improved for their benefit with benefit of survivorship in case of any of their deaths before their heirs shall become payable as will in respect of surviving as original shares but in case my said son shall die under the age of twenty one years without leaving issue living at his death then I will and direct my said trustees to pay assign and transfer my said leasehold estates and all the residue of my personal estate and effects and all securities for the same and all improvements thereof unto my two daughters Amelia Marsh and Sarah Cuthbert and unto the before named Arthur Cuthbert son of my said deceased brother Peter Cuthbert and unto Robert Cuthbert third son of my said Brother Alexander Cuthbert and unto the before named Arthur Gray or such of them as shall be then living to be equally divided between them share and share alike but in case any of them the said Amelia Marsh, Sarah Cuthbert, Arthur Cuthbert, Robert Cuthbert and Arthur Gray dying in the mean time shall leave issue which shall be living at the death of my said son under the age of twenty one years without leaving Issue as aforesaid then the share or shares of him her or them do dying shall go to his her or their Issue respectively which respective Issue shall take (if more than one equally among them) the share which the parent of such respective issue would have been entitled to if then living and it is my will that during the minority of my said Son it shall be lawful for my said Trustees for the time being by Indenture or Indentures to be Sealed and Delivered by them in the presence of two or more reliable witnesses to . . . or Lease all or any of my Leasehold Estates to any person or persons for any term of years not exceeding twenty one years in possession but not in Revision remainder or expectancy so as upon every such Lease there be reserved and made payable during the . . . thereof the best and most improved yearly Rent or Rents that can be reasonably had or obtained for the same without taking any Money or other thing by way of funds or interest for or in respect of any such lease or leases and I nominate and appoint the said Alexander Cuthbert, George Marsh, William Marsh, John Marsh and James Morrison and the survivors and survivor of them guardians and guardian of the respective persons and estates of my said two children Sarah and James Ramsay Cuthbert during their respective minorities [and I nominate and appoint the said Alexander Cuthbert, George Marsh, William Marsh, John Marsh and James Morrison Executors of the my last will and Testament ] and my mind and will is that neither of my said trustees and Executors their heirs Executors and Administrators shall be answerable or accountable with or for the Acts Receipts rights and defaults (of the other or others of them his heirs exors or admins but for his or . . . Receipts or . . . and defaults) only And also that it shall and may be lawful to and for my said trustees and executors and each of them their and each of their executors and administrators in the first place by and out of my trust estates and effects to direct and reimburse themselves all such costs charges damages and expenses as they or either of them shall sustain expend lay out bear pay suffer or be put unto for or by reason or on account of the trusts hereby in them reposed or the management and execution or in defence thereof or in any wise relating thereto and as I am desirous to prevent the waste of any part of my property by litigious suits respecting the true meaning and plain purpose of this my Will I do hereby direct all and every persons and person who may consider themselves himself or herself interested in or entitled to any part of my estate and effects under and by virtue of this my will in no wise to prosecute their, his or her claims by any suit or suits either in Law or Equity but that such persons or person to leave their his or her claim to the determination of two indifferent persons one to be chosen by each party interested in the matter in question and the award and determination of such two persons shall be final and conclusive between the parties in difference and in case such two arbitrators shall not agree then such two arbitrators so indifferently chosen as aforesaid shall nominate and choose a third and the award opinion and determination of such third person shall be final and conclusive between the parties in difference and in order to prevent the possibility of difference as to the choice of such third person or umpire it is my will that in case the said two arbitrators so to be chosen as aforesaid shall differ in the choice of such third person to be named as umpire each arbitrator shall write the name of the umpire of his choice on paper such umpire to be a person in no wise related to the parties interested in the matter in question which name shall be folded up and put into a box and then the umpire is to be drawn for and the person whose name is first drawn shall be the third person or umpire to determine such questions as may be in controversy and his determination shall be final and conclusive as aforesaid and I do hereby declare that all and every persons and person who shall commence any action at law or suit in equity for or respecting any part of my estate and effects contrary to the true meaning of this my will in that behalf last mentioned shall thereby forfeit all right title or benefit whatsoever which otherwise they or she may derive by virtue of this my last and that being my last will and directions last above mentioned shall be placed in bar to such actions or suite. (and I do hereby revoke all former and other wills . . . at any time or theretofore made and executed) And I do hereby publish and declare this to be my only last will and testament. In witness whereof I the said Arthur Cuthbert have to this my last will and testament set my hand and seal this third day of July in the year of our Lord one thousand seven hundred and eighty seven. I having at the same time executed a counterpart thereof in the presence of the witnesses here to Arthur Cuthber Signed sealed and published and declared by the said Estator Arthur Cuthbert as and for his last will and testament in the presence of us who in his presence and at his request and in the presence of each other have subscribed our named as witnesses . . . likewise to another part of the above . . . will at this same time Thos Astley Maberley, Norton Gorden, Thos Orchard, William Geivens, Clerks to . . .
I the above named Arthur Cuthbert do make and declare this to be a codicil to my fore going last will and testament in manner following (that is to say) I do (notwithstanding what is contained in the body of my said will) appoint my brother Alexander Cuthbert to be sole guardian of my son James Ramsay Cuthbert as to the mode and manner of his education and places or residence until he shall attain his age of twenty one years but I will and direct that the trust and guardianship of my said son's estates shall remain as expressed and provided for in the body of my will. I give to my Butler Robert Glen for his long and faithful service the sum of five hundred pounds. I give to Peter Fish my Body Servant for his diligent and attached services about my person the sum of three hundred pounds together with all my clothes and wearing apparel of every sort and kind. I give to Mrs Morris my Housekeeper for her long and faithful services the sum of two hundred pounds. I give to my servants James Plumer and Jonathan Durand for their long and faithful service the sum of one hundred pounds apiece. I give to each of my other servants who shall be living with me at the time of my death one years wages over and above what I may owe them for wages or otherwise at my death all which said several legacies . . . shall be paid to the said several legators within one calendar month next after my death. In witness whereof I the said Arthur Cuthbert have to this my Codicil set my hand and seal this twenty first day of July One Thousand Seven Hundred and Eighty Seven (Arthur Cuthbert) Signed Sealed published and declared by the said Estator as and for a witness to his last will and testament in the presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses hereto W Percival, H George, Both of Bath - Lewis Cuthbert [probably Lewis Cuthbert of Castlehill in Scotland, then Jamacia, then Bristol ].
This Will was proved at (with a codicil) London the twenty third day of January in the year of our Lord One Thousand Seven Hundred and Eighty Eight before the Worshipful George Davis Doctor of Laws and Surrogate of the Right Worshipful Peter . . . Doctor of Laws Master Keeper or Commissary of the Perogation Court of Canterbury lawfully constituted by the oathes of Alexander Cuthbert Esquire the Brother, George Marsh, William Marsh, John Marsh, Esquires and James Morrison Esquire the Executors to whom administration was granted of all and Singular the Goods, Chattels and Credits of the deceased having been first Sworn duly to Oath.
This will is in the Public Record Office at Kew (Prob 11/1161).