Sarah Collcutt of Oxford (1750-1838), the daughter of grazier John and Sarah Collcutt, was quite wealthy, although the means by which she came by that wealth remains a mystery. Having no children of her own, she left her money and personal estate to her many nieces and nephews. Her will, made in 1835, is a virtual treasure trove of genealogical information. (Sarah Collcutt Will, 1835, The National Archives Public Records Office – Catalogue Reference:Prob 11/1895)
In the name of God Amen
I Sarah Collcutt of the parish of Saint Aldate in the City of Oxford
Spinster considering the uncertainty of this life and the certainty of death and
being at this time of sound and disposing mind and memory do make this my
last Will and Testament in manner following that is to say I nominate and
appoint my Niece Mary Godfrey Talmage Executrix of this my will and
after the payment of my just debts and funeral expenses and the charges of
proving this my will I give and bequeath the several pecuniary legacies
following to be respectively paid within two months of my decease that
is to say I give to my Nephew William Collcutt of the City of Oxford the sum
of one thousand four hundred pounds three pounds per centum consolidated
annuities now standing in my name at the Bank of England I give to my
Nephew Richard Collcutt of the City of Oxford the like sum of one thousand four
hundred pounds three pounds per centum consolidated annuities I give to my
Nephew Edward Collcutt of the City of Oxford the like sum of one thousand
four hundred pounds three pounds per centum consolidated annuities and I give to
my Nephew James Collcutt of the City of Oxford the like sum of one thousand
four hundred pounds three pounds per centum consolidated annuities and
whereas I hold the promissory Note of Mr Charles Talmage late of Oxford
but now of Horsepath in the County of Oxford as a security for the loan to
him of the sum of one thousand pounds now I do require that the same
sum shall be repaid by him within two months after my decease and I
give eight hundred pounds part thereof unto and between Elizabeth James
Harriet and Richard the four children of my late Niece Mary Giles
deceased the late wife of James Giles of the City of Oxford Auctioneer in equal
shares share and share alike provided that if any or either of the said
four children shall depart this life before me or within two months after my
decease then the share or shares of him her or them so dying shall go
and be paid unto between and amongst all and every the child or children
of any of the said four persons Elizabeth James Harriet and Richard who shall
be then dead in equal shares and proportions the child or children of any of the
said four persons then deceased taking the share only which his her or their
deceased parent would be entitled to if then living and if any of the said
four persons should depart this life as aforesaid without leaving any child or
children him or her surviving then I do declare that the share or shares of
him or her or them so dying shall go and be paid to the survivors or
survivor of the said four persons in equal shares share and share alike if
more than one survivor and in case all the said four persons shall
depart this life before me or within two months after my decease and
without leaving any child or children then the said sum of eight hundred
pounds shall sink into and become part of my residuary personal estate and
go and be applied according to the disposition thereof hereinafter contained
and I give the sum of two hundred pounds the remaining part of the said
one thousand pounds unto and between my said Nephews William Collcutt
and James Collcutt equally share and share alike I give to my Nephew the
Revd Daniel Basley of Luton in the County of Bedford Clerk the sum of one
hundred pounds like three pounds per centum consolidated annuities now standing
in my name at the Bank of England I give to my Niece Ann Basley of Horsepath
in the County of Oxford Single woman the sum of six hundred pounds like three
pounds per centum consolidated annuities I give all the evening apparel that
I shall die possessed of unto and equally between my two Nieces the said Ann
Basley and the said Mary Godfrey Talmage I give to my Nephew Harry John
Collcutt an annuity or clear yearly sum of twenty pounds during his life and I
bequeath to my friends William Fisher of the parish of Saint Ebbe in the City
of Oxford Builder and Robert Wyatt of the parish of Saint Aldate in the
same City Bargemaster so much capital stock three pounds per centum
consolidated annuities standing in my name at the time of my decease as
shall be sufficient to purchase an annuity of twenty pounds for the said Henry
John Collcutt during his natural life such annuity to be purchased either from
government or from out of the public offices or Companies concerned in granted
annuities as the said William Fisher and Robert Wyatt or other my trustees or
trustee acting under this my will shall deem expedient the said annuity to be
purchased as soon as practical after my decease and I declare that the said
Henry John Collcutt shall not nor shall his personal representatives in case of
his dying before the said annuity shall have been purchased be entitled to elect
to receive the price or value of the said annuity in lieu of and in substitution
for the annuity hereinbefore directed to be purchased any rule of equity to the
contrary thereof notwithstanding I also give and bequeath to the said William
Fisher and Robert Wyatt the capital stock or sum of eight hundred pounds three
pounds per centum consolidated bank annuities upon trust to pay and apply or
cause to be paid and applied the dividends interest and annual produce thence
arising and as the same shall from time to time arise and become due unto my
said Nephew William Collcutt and Elizabeth his wife for and during their joint and
separate lives and so that if the said Elizabeth Collcutt should survive her said
husband my trustees or trustee for the time being shall permit or empower her to
receive the same for and during the term of her natural life for her sole and
separate use exclusively of any future husband (her own receipt being then a
sufficient discharge for the same) and so that neither the said William Collcutt
nor the said Elizabeth his wife if she survives him shall in any event have
power to alien or anticipate the same and after the decease of both the said
William Collcutt and Elizabeth his wife I give and bequeath the said stock or sum
of eight hundred pounds unto between and amongst all and singular the children
of the said William Collcutt who shall survive him and the said Elizabeth
his wife that is to say not only his children born of the body of the said
Elizabeth but those also born of the bodies of his the said William Collcutts two
previous wives or of either of them in equal shares share and share alike
I also give and bequeath to the said William Fisher and Robert Wyatt the
capital stock or sum of one thousand two hundred pounds three pounds per centum
consolidated annuities in trust to pay the interest dividends and annual produce
thereof as the same shall from time to time become and be due and payable
unto and equally between my two Nieces Elizabeth Forster the wife of William
Forster of the City of Oxford and Sarah Collins the wife of John Collins for their
respective sole and separate uses and permit the same to be received by them
respectively free from the debts control or engagements of their several present
or any future husbands and the receipts of the said Elizabeth Forster and Sarah
Collins respectively alone shall at all times be sufficient discharges for the same
and I further direct and declare that if at any time the said Elizabeth Forster or
Sarah Collins shall be minded and desirous to receive the whole or any part of
the six hundred pounds stock or sum (such being the principal amount or share
of each of them of and in the said bequest of one thousand two hundred pounds
stock as aforesaid) it shall be lawful for my said trustees or trustee for the time
being and I so hereby direct them or him upon the said Elizabeth Forster or Sarah
Collins signifying to them or him in writing her desire as aforesaid to pay and
apply the whole or any part as aforesaid of the said two several sums or stock
of six hundred pounds (being the half parts of the said one thousand two hundred
pounds stock as aforesaid) to the said Elizabeth Forster and Sarah Collins
respectively personally or as they or either of them shall from time to time direct
or appoint and in default of such direction or appointment in the life time of
the said Elizabeth Forster or Sarah Collins then my said trustees or trustee for
the time being shall pay apply and dispose of the said one thousand and two
hundred pounds stock or the said respective original or remaining shares of
the said Elizabeth Forster and Sarah Collins in the same as they the said
Elizabeth Forster ad Sarah Collins shall by their last Will and Testament
respectively direct and appoint concerning the same and as to for and concerning
my furniture place linen china books cash in the house household goods and
all and singular other the articles in my house at the time of my decease
and all the Residue and Remainder of my moneys stock chattels
rights credits and personal estate not hereinbefore specifically bequeathed of
which I shall be possessed at the time of my decease or which I am empowered
to dispose of I give and bequeath the same and all and singular the interest
or dividends arising from any part thereof unto the said William Fisher and
Robert Wyatt in trust for the said Mary Godfrey Talmage and to and for her
own sole and separate use and benefit free from the debts control or
engagements of her present or any future husband and the receipt of the said Mary
Godfrey Talmage alone for the same or any part or parts thereof shall at all
times be a sufficient discharge to my trustees or trustee and I further direct and
declare that if at any time or times the said Mary Godfrey Talmage should
be minded and desirous to receive the whole or any part of the said property
or residuary moneys stocks or other estate it shall be lawful for my said trustees
or trustee for the time being and I so hereby direct them or him upon the
said Mary Godfrey Talmage signifying to them or him in writing her desire
as aforesaid to give apply or pay the whole or any part as aforesaid to her
the said Mary Godfrey Talmage personally or as she shall from time to
time direct or appoint and in default of such direction or appointment in the
life time of the said Mary Godfrey Talmage then my said trustees or trustee for
the time being shall pay apply and dispose of the said residuary property
moneys and stock so bequeathed for the use of the said Mary Godfrey Talmage
as aforesaid or any remaining parts thereof as she the said Mary Godfrey
Talmage shall by her last Will and Testament direct or appoint concerning the
same provided always and I hereby declare that in case the said William Fisher
and Robert Wyatt or either of them shall die in my lifetime or shall renounce
the execution of the trusts hereby created or in case the said William Fisher
and Robert Wyatt or any trustee or trustees to be appointed under this present
provision shall die or shall be absent from the United Kingdom for the space
of six calendar months at one time or shall otherwise become unwilling or
unable to act in the aforesaid trusts then and so often as the same shall happen
it shall be lawful for the said Mary Godfrey Talmage and after her decease or of
her becoming incapable of exercising this present power then for the surviving
or continuing trustee or if there be no such trustee then for the retiring or
renouncing trustees or trustee for the time being or if there be no such last
mentioned trustee then for the executors or administrators of the last deceased
trustee to nominate any fit person or persons to supply the place or places of
the trustees or trustee respectively so dying residing abroad or becoming unwilling
or unable to act as aforesaid and that immediately after such appointment the
said trust moneys or stocks shall be conveyed or transferred in such manner
that the same may vest in such new trustees or trustee jointly with the
surviving or continuing trustees or trustee or in such new trustees or trustee solely
as the case may require and such new trustee or trustee shall have and be
capable of exercising all the powers and authorities whatsoever hereinbefore
contained in the same manner to all intents and purposes as if they he or she had
been appointed trustees or a trustee by this my will provided also that the trustees for the
time being of this my will shall be charged and chargeable with such same only as they
respectively shall actually receive by virtue of the trusts hereby reposed in them
notwithstanding their joining in any receipt or receipts or doing any other act for the sake
of conformity and that they or any of them shall not be answerable or accountable for
involuntary misfortune loss or damage which may happen in the execution of the
aforesaid trusts or in relation thereto provided also and I hereby lastly declare that
it shall be lawful for the said trustees or trustee for the time being by and out of the
money which shall come to their or his hands by virtue of the trusts aforesaid to
deduct retain and reimburse for themselves respectively or himself and also to allow
to each other all costs charges damages and expenses and fees for professional advice
which they or any of them may sustain disburse or incur in or about the execution of
the aforesaid trusts or in relation thereto and I hereby nominate and appoint the
said William Fisher and Robert Wyatt Trustees of this my will and I herby revoke
all former wills by me made and declare this to be my last Will and Testament
In Witness whereof I have hereunto set my hand and seal this third day of
December in the year of our Lord one thousand eight hundred and thirty five _____
Sarah Collcutt(LT)___ Signed sealed published and declared by the said Sarah
Collcutt the Testatrix as and for be her last Will and Testament in the presence of us
who in her presence have hereunto subscribed our names as witnesses___ John
M Davenport Oxford___Robert Davenport___John Bradstreet his Clerk
This is a Codicil to the last Will and Testament of me Sarah
Collcutt of the parish of Saint Aldate in the City of Oxford Spinster Whereas by my Will
bearing date the third day of December one thousand eight hundred and thirty
five I gave eight hundred pounds (part of a certain sum of one thousand
pounds secured by the promissory Note of Mr Charles Talmage unto and
between Elizabeth James Harriet and Richard the four children of my late
Niece Mary Giles deceased the late wife of James Giles of the City of
Oxford Auctioneer in equal shares share and share alike provided that if
any or either of the said four children should depart this life before me or
within two months after my decease then that the share or shares of him her
or them so dying should go and be paid unto between and amongst all and
every the child or children of any of the said four persons Elizabeth James Harriet
and Richard who should be then dead in equal shares and proportions the
child or children of any of the said four persons then deceased taking the share only
which his her or their deceased parent would be entitled to if then living and if
any of the said four persons should depart this life as aforesaid without leaving
any child or children him or her surviving then I did declare that the share or shares
of him her or them so dying should go and be paid to the survivors and survivor
of the said four persons in equal shares share and share alike if more than
one survivor and in case all the said four persons should depart this life before
me or within two months after my decease and without leaving any child or
children then that the said sum of eight hundred pounds should sink into and
become part of my residuary personal estate and should go and be applied
according to the disposition thereof thereinafter contained now I do hereby revoke
the said recited legacy and do instead thereof give unto them the said
Elizabeth James Harriet and Richard the sum of one hundred pounds each to be
paid and applied out of the aforesaid sum of eight hundred pounds part of the
said sum secured by the Note of the said Charles Talmage with the same
proviso in case of the death of any of the said four Legatees before me or
within two months after my decease as is contained in my said will in that behalf
so far as the same is varied only by the present bequest of one hundred pounds
each in lieu of eight hundred pounds in the whole and as to the four hundred
pounds which will remain of the aforesaid eight hundred pounds after payment of these
legacies hereinbefore given I direct that the same shall sink into and become
part of my residuary personal estate and shall belong and pass to and I hereby
give and bequeath the same four hundred pounds unto William Fisher and Robert
Wyatt in my will named in trust solely for my Niece Mary Godfrey Talmage
therein also named for her own separate use and benefit free from the debts
control or engagements of her present or any future husband and the receipt of the
said Mary Godfrey Talmage alone for the same or any part thereof shall at all
times be a sufficient discharge to the said William Fisher and Robert Wyatt
or any trustees or trustee for the time being and whereas in my said will the
legatees William Collcutt Richard Collcutt Edward Collcutt and James Collcutt are
severally called my Nephews and I am told that there would be a difficulty in
proving by a Parochial Register that they are the sons of my late brother
James Collcutt Now I do direct that it shall not be necessary in order to the
last manner legatees becoming possessed of their legacies that they or any of
them should in any way formally prove themselves to be my Nephews but to
prevent any dispute as to identity I declare that the said legatees are
William Collcutt residing in the parish of Saint Aldate in the City of Oxford
Innkeeper Richard Collcutt residing in the parish of Marston near to the same
City Butcher Edward Collcutt residing at Walton Place in the City of Oxford
Accountant and James Collcutt residing at or near Jericho in the same City
Tailor and I confirm the said will in every particular in which the same is
not hereby altered In Witness whereof I have hereunto set my hand
and seal this fifth day of July one thousand eight hundred and thirty six____Sarah
Collcutt(LT)__ Signed sealed published and declared by the Testatrix Sarah
Collcutt as and to be a Codicil to her last Will and Testament—in the presence
of us who in her presence have hereunto subscribed our names as witnesses
Eve Dean___John M Davenport
This is the second Codicil to the last Will and Testament of me
Sarah Collcutt of the parish of Saint Aldate in the City of Oxford Spinster
whereas in and by my last Will and Testament bearing date on or about the
third day of December one thousand eight hundred and thirty five I have given and
bequeathed to my Nephew Edward Collcutt of the City of oxford in the former
Codicil to my will described as residing in Walton Place in the City of Oxford
accountant the sum of one thousand four hundred pound three pounds per
centum consolidated annuities now I hereby revoke such legacy or sum and in
lieu thereof I give and bequeath to my said Nephew Edward Collcutt the reduced
legacy or sum of seven hundred pounds three pounds per centum consolidated
annuities and I give and bequeath the remaining sum seven hundred pounds
three pounds per centum consolidated annuities (being the residue and
remainder of the aforesaid one thousand four hundred pounds unto William
Fisher and Robert Wyatt in my said will named in trust solely for my Niece
Mary Godfrey Talmage therein also named for her own separate use and
benefit free from the debts control or arrangements of her present or any future
husband and the receipt of the said Mary Godfrey Talmage alone for the same
or any part thereof shall at all times be a sufficient discharge to the said
William Fisher and Robert Wyatt or any trustees or trustee for the time being
and in all other respects I confirm my said Will and the said Codicil thereto In
Witness whereof I have hereunto set my hand and seal this twenty seventh
day of July one thousand eight hundred and thirty six___Sarah Collcutt (LT)
Signed sealed published and declared by the Testatrix Sarah Cullcutt as and to
be the second Codicil to her last Will and Testament in the presence of us who in
her presence have hereunto subscribed our names as witnesses___Rebecca
Hadland Oxford___John M Davenport Oxford
Proved at London (with two Codicils) 7th May 1838 before the Judge
by the Oath of Mary Godfrey Talmage (wife of Charles Talmage) the Niece
the sole Executrix to whom admon was granted having been first sworn (by
____) duly to administor.
(Amanuensis Monday is a daily blogging prompt hosted by Geneabloggers)
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