Transcription of Will of Charles Marriott Caldecott 1807 – 1883, of Holbrook Grange

This is the last Will and Testament of me Charles Marriott Caldecott of Holbrook Grange in the County of Warwick Esquire. I appoint the Reverend James Powell Marriott of Cotesbach in the County of Leicester Clerk and Edmund Harris of Rugby in the County of Warwick Gentleman to be Trustees and EXECUTORS of my will And I appoint my dear wife Margaret to be Guardian and after her death the said James Powell Marriott and Edmund Harris to be Guardians of my infant children. I bequeath the household furniture plate linen china books prints pictures glass wine liquors and [offien conturnable] stores and all other my household effects of which I shall die postret? To my said wife Margaret Caldecott absolutely. And I also bequeath to my said wife four hundred pounds for her immediate use to be paid to her within one month after my decease. I devise all my real estate of whatsoever tenure and wheresoever situate (including chattels real) to which I shall at my decease be entitles either in possession [revertion] or otherwise (except such parts thereof as may be vested in me as trustee or mortgagee) unto my said wife Margaret and her assigns for her life without impeachment of waste so far as I can grant that privilege And from and after her decease I devise the said real estate unto the said James Powell Marriott and Edmund Harris their heirs and assigns upon trust to well the same either together or in parcels and either by public auction or private contract with power to invest any special or often stipulations in any contract or conditions of sale as to like or otherwise or to the payment of the purchase money or any other matters connected with the sale as my said trustees shall judge expedient and to stand possessed of the monies to arise from such sale upon the trusts hereinafter declared and contained concerning the same. I bequeath the RESIDENCES of my personal estate to the said James Powell Marriott and as Edmund Harris their executors and administrators upon trust to call in and convert into money such residue of my personal estate with power to any said trustees to continue any investment in or upon which any of my money may be secured at the time of my decease or from time to time to call in and vary the same investments for such other investments as are hereinafter mentioned). And I direct my said trustees or trustee. Out of the monies to arise from such calling in and conversion of the said residue if my personal estate and thereout and out of the money of which I shall be possessed at my death to pay my debts funeral and testamentary expenses and invest the residue of the said monies funds or government securities of the United Kingdom or upon real securities in England or Wales or upon the bonds on debentures of any Railway Company in England at the time of the investments paying dividends with liberty for my trustees with the written consent of my said wife and after her decease at the discretion of the said trustees or trustee to vary the investment from time to time for any other investments of the same or a like nature. And shall pay the annual income of the said trust monies and premises unto my said wife and her assigns during her life. And I direct that my said wife shall out of the income to be received by her maintain educate and bring up my children being sons until the age of twenty one years and being daughters until the age of twenty on years or until marriage and from and after the death of my said wife then I direct any said trustees of trustee to stand possessed of the monies to arise by the sale of mu produce of my said personal estate upon the trusts hereinafter contained of an concerning the same (that is to say). As to the sum of six thousand pounds part thereof upon trust to pay the same to my three sons Randolph, Sidney Arthur and Everard Garfoot in equal shares of two thousand pounds each when and as they shall respectively attain their respective ages of twenty one years to and for their own absolute use and benefit. And as to the sum of three thousand same to my three daughters Sophia Catherine, Merriel and Eleanor in equal ? of one thousand pounds each when and as they shall respectively attain their respective ages of twenty one years or marry with the consent of her or their guardian or guardians nevertheless as to the share of daughters subject to the trusts hereinafter mentioned. And as to the residue of the said monies and securities I devise my said trustees to trustee to stand possessed thereof upon trust to pay same to my said three sons, Randolph, Sidney Arthur and Everard Garfoot and my said three daughters Sophia Catherine, Merriel and Eleanor in equal shares and so that the interest of my said three sons and three daughters shall be vested at the times and in the manner aforesaid and so that the share of shares as well original as accruing of any or either of any said three sons dying under the age of twenty one years and of any or either of my said three daughters dying under that age without having been married with such consent as aforesaid in shall accrues to the [office] or ? of my said three sons and three daughters and if more than one in equal shares and to be vested as aforesaid and the shares of my said three daughters both in the said sum of three thousand pounds in the said residue to be received enjoyed and disposed of by them as their separate estate and their receipts to be notwithstanding coverture an effectual discharge for the same I declare that my trustees from and after the decease of my said wife shall have power to apply the whole or any part of the annual income to which each of any object being a minor of the respective trusts and provisions herein before contained concerning my trust fund shall be entitled in possession in or towards the maintenance or education or otherwise for the benefit of such object during minority whether such object being a female shall be married or not and the unapplied income shall be accumulated and the accumulations thereof shall be liable to be applied in like manner and subject to such liability shall be deemed accretions to the capital whence the same income arose and also power to apply any part not exceeding one moiety of the capital to which either of my said three sons or any male object of the same respective trusts and provisions shall be entitled in or towards the established or advancement in the world of such object I declare that the provisions hereby made for my said wife shall be accepted by her in full satisfaction of her claim to dower out of any estate of which I have been or now am or shall be seized I give and devise all the legal interests vested in me as trustee or mortgagee in any real or personal estate unto and to the use of my said trustees upon such trusts and subject to such equities as shall be [subsisting] therein respectively I declare that the receipts of my said trustees shall exonerate purchasers and offerers paying monies to such trustees by virtue of my will from all liability in respect of the application thereof to be appointed under this provision shall die or become unwilling or unable to act as trustees or trustee of my will it shall be lawful for my said wife and after her death for the trustees of trustee for the time being whereafter continuing or declining to act or if more for the executors or administrators of any deceased trustee to appoint any fit person or persons to be a trustee or trustees in the place of any trustee or trustees dying or becoming unwilling or unable to act. And I declare that the trustees or trustee for the time being of my wife shall be completed to exercise all the powers and discretions hereby confided to the trustees herein named. And I further declare that the trustees for the time being of my will shall not be answerable for each other acts or receipts nor for losses happening without their own respective trust monies all expenses incident to the execution of the trusts and powers of my will. And it being my desire that the said Edmund Harris who is my Solicitor or Attorney shall be entitled to charge and shall be paid the same professional charges I expressly direct that the said Edmund Harris and every future trustee who shall be a Solicitor or Attorney shall be entitled to charge and shall be paid the same professional charges and shall receive the same pecuniary enrolments and renumeration for all business done by him and all attendances time and trouble given or bestowed by him in or about the execution of the trusts and powers of my will or the management and administration of my trust estate real of personal in the same manner as if he had not been such executor and trustee. Lastly I revoke all other testamentary dispositions declaring this writing alone to express the whole of my will. In witness whereof I have to this my contained in this and the three preceding sheets of paper set my hand at the bottom of each the said three preceding sheets and at the foot one end of this the fourth and last sheet thereof the twenty ninth day of March in the year of our Lord one thousand eight hundred and sixty four.

Charles M. Caldecott

Signed by the said Charles Marriott Caldecott the testator as and for his last will and testament in the joint presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses

Geo V Kefford Tho Henderson { Clerks to Mr Edmund Harris Solr Rugby

This is a codicil to the last Will and Testament of me Charles Marriott Caldecott of Holbrook Grange in the County of Warwick Esquire which will bears date the twenty ninth day of March one thousand eight hundred and sixty four. I hereby revoke all codicils to my said will heretofore made by me and declare this to be the only codicil to my said will. Whereas the Reverend James Powell Marriott named in and appointed by my said wife to be an executor and trustee thereof and who afterwards assumed the names of “Goulton” and “Constable” in lieu of his surname of Marriott sometime since departed this life. Now I thereby appoint my eldest son Charles Thomas Caldecott Colonel late of Her Majesty’s 7th Regiment of Foot now residing at Holbrook Grange aforesaid to be a Trustee and Executor of my said will in the place of the said Reverend James Powell Goulton Constable with all the estates trusts and powers by my said will vested or given in or to the said James Powell Goulton Constable jointly with Edmund Harris therein named or intended so to be to the intent that my said will and this codicil shall take effect as it every devise and bequest upon trust therein contained and generally throughout my said will and this codicil in the name of the said Charles Thomas Caldecott had been substituted for that of the said James Powell Goulton Constable. And whereas by my said wife I have directed my trustees or trustee out of the monies to arise from the sale calling in and convention of my real and the residue of my personal estate as therein mentioned after payment of my debts funeral and testamentary expenses to invest the residue of the said monies in the names or name of the said trustees or trustee in the public blocks or funds or government securities of the United Kingdom or upon real securities in England or Wales or upon the bonds or debentures of any Railway Company in England at the time of the investments paying dividends and as therein mentioned. Now I hereby direct that my said trustees or trustee shall have power to invest the said residue not only in the before mentioned securities but also in Colonial Government securities and in guaranteed or preference stock of any Railway Company in Great Britain or India incorporated by Act of Parliament and paying a dividend on its ordinary block. And whereas since the date of my said will my son Sydney Arthur Caldecott has departed this life. And whereas by my said will I have directed my trustees or trustee therein named to stand possessed of two several sums of six thousand pounds and three thousand pounds part of the monies to arise by the sale of my real estates and the monies and securities the produce of the sale of my personal estate as in the said will mentioned. How I do hereby revoke and annul the said direction and bequests as to the said above mentioned respective sums of six thousand pounds and three thousand pounds and do hereby direct and declare that from and after the death of my dear wife Margaret (to whom I have by my said wife given the rents interest dividends and annual produce of my said real and personal estate for her life). They my said trustees to trustee do and shall stand possessed of the said monies so to arise or be produced as aforesaid and the blocks fund and securities in or upon which the same may be then invested upon trust thereout to pay to each of my children Sophia Catherine, Merriel, Eleanor and Everard Garfoot Caldecott, the sum of two thousand pounds to and for his and his own absolute use and benefit. And to pay to each of my sons Francis James Caldecott  and Randolph Caldecott the sum of one thousand pounds to and for his own absolute use and benefit. And to pay and divide the residue of the said trust monies on the stocks funds and securities in or upon which the same may be then invested unto and between my three sons the said Randolph, Everard Garfoot and Francis James Caldecott and my said three daughters Sophia Catherine, Merriel and Eleanor Caldecott in equal ? And proportions and the respective legacies of two thousand pounds hereby given to each of my said three daughters and their respective shares of and in the residue of the said trust monies shall be received enjoyed and disposed of by them as their separate estate and their respective receipts notwithstanding ? Shall be an effectual discharge for the ? In all other  respects I herein confirm my said will. In witness whereof I have hereunto set my hand this hereby first day of March one thousand eight hundred and eighty three.

Charles M Caldecott – signed published and declared by the testator Charles Marriott Caldecott as and for a codicil to his last will and testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses – A. J. Cavanna Butler to C. M. Caldecott Esq of Holbrook Grange – J Bell Coachman to C. M. Caldecott Esq of Holbrook Grange.

This is a second codicil to the last Will and Testament of me Charles Marriott Caldecott of Holbrook Grange in the County of Warwick Esquire which will bears date the twenty ninth day of March one thousand eight hundred and sixty four and the first codicil whereof bears date the twenty first day of March one thousand eight hundred and eight three. I bequeath to Charles Oldham of Long Lawford in the said county of Warwick Labourer now in my employ the sum of fifteen pounds and fifteen shillings and to Henry Thompson of Long Lawford aforesaid Labourer now in my employ the sum of ten pounds and ten shilling for long service upon my estate. Also to John Bell Coachman now in my employ who has not yet had length of service but who has shown such affectionate anxiety to alleviate my sufferings in my painful and hopeless disease the sum of ten pounds and ten shillings and to Edward Hancox Gardener now in my employ the sum of seven pounds and seven shillings. And in all other respects I confirm my said will and codicil. In witness whereof I have hereunto set my hand this twenty third day of November one thousand eight hundred and eight three.

Charles M. Caldecott – signed published and declared by the testator Charles Marriott Caldecott as and for a second codicil to his last will and testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses – George W. Browne Butler to C. M. Caldecott Esq – Holbrook Grange – Arthur  Morson Clerk to Mr Edmd Harris Solr Rugby.

On the 28th February 1884 Probate of this Will with two Codicils thereto was granted to Edmund Harris and Charles Thomas Caldecott the Executors.

To see the image file of this Will please go to the person file of Charles Marriott Caldecott which can be found here – Charles Marriott Caldecott, J.P. D.L. b. 9 Jun 1807 Rugby, Warwickshire, England d. 30 Nov 1883 Little Lawford, Warwickshire, England (one-name.net)



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