The Will of Thomas Collett (Ref. 14L11) of Bourton-on-the-Water

was made on 5th January 1818 and

proved on 13th February 1818

Page 1

 

 

 

In the name of God Amen I Thomas Collett of Bourton-on-the-Water in the County of Gloucester gentleman do hereby revoke all Wills codicils and other testamentary dispositions made by me at any time or times heretofore and publish and declare this to be my last Will and Testament

 

I direct that my funeral and testamentary expenses and all debts owing by me at my decease shall be paid immediately upon or after my decease out of my personal estate but if that shall be insufficient to answer the same I charge my real estate with the deficiency

 

I give devise and bequeath unto my friends James Ashwin of Bourton-on-the-Water aforesaid gentleman John Beale of the same place gentleman and John North Wilkins of the same place gentleman their heirs executors admins and assigns all that messuage or tenement with the garden and appurtenances books and other effects in my said dwelling house to hold the same unto the said James Ashwin, John Beale and John North Wilkins their heirs executors admins and assigns according to the nature and quality thereof  respectively upon trust that they do and shall permit and suffer my wife Ann Collett to enjoy the said messuage and premises during her life if she so long continue my widow without paying rent for the same and also permit her during such period  and upon the same condition to use and enjoy the said furniture, plate, linen, china, books and effects and immediately after the marriage or decease of my said wife which shall first happen I direct that the dwelling house and various furniture and other effects shall be considered part of the residue of my estate and disposed of in a manner hereinafter directed

 

And whereas Messrs William Hall and John Ansell the trustees named in the settlement made upon my marriage with my present wife did some years since at my request sell out the sum of seven hundred and fifty three pounds five shillings and eleven pence there and for continue consolidated bank annuities part of the property comprised in such settlement and land in the product thereof accounting to five hundred pounds upon the security of my bond for repayment thereof now I do hereby direct that my executors hereinafter named will out of the first monies that shall come to their hands pay to the said William Hall as the surviving trustee not merely the said sum of five hundred pounds but also such further sum as will enable him to replace the said sum of seven hundred and fifty three pounds five shillings and eleven pence consolidated bank annuities upon such of the trusts of the said settlement as remain to be performed   

 

I give and devise unto the said James Ashwin, John Beale and John North Wilkins all that messuage or tenement with the outbuildings, orchard, garden and appurtenances belonging thereto situate in Bourton-on-the-Water aforesaid in the occupation of Edward Baker and also all those several closes of land called Cold Pait Burn Lake, Thompsons Ground Corn Hill Lake and the other lands which I inherit from my father in Bourton-on-the-Water aforesaid called my Bourton Estate containing in the whole one hundred and seventy acres or thereabouts with their and each and every of their appurtenances

 


 

The Will of Thomas Collett (Ref. 14L11) of Bourton-on-the-Water

made on 5th January 1818 and

proved on 13th February 1818

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To hold the same subject to the payment to my said wife of the sum of one hundred pounds per annum charged thereon by my said marriage settlement unto and to the use of the said James Ashwin, John Beale and John North Wilkins their heirs and assigns forever upon the trust nevertheless hereinafter mentioned that is to say upon trust that the said James Ashwin, John Beale and John North Wilkins and the survivor of them or the heirs and assigns of such survivor do and shall from and immediately or soon after my decease as to them shall seem advisable by sale mortgage or other disposition of the said messuage or tenement close of land, hereditament and premises or such part thereof as to them shall seem moot levy and raise the principal sum of two thousand one hundred pounds of lawful money of Great Britain and stand and be possessed of and interested in the said sum of two thousand and one hundred pounds when the same shall be so raised upon trust that they my said trustees so and shall pay the sum of three hundred pounds part of the said sum of two thousand one hundred pounds unto each of my children hereinafter mentioned that is to say Mary Collett, Anne Collett, Elizabeth Collett, John Collett, Henrietta Collett, Robert Collett and Emma Collett as and when they shall respectively attain the age of twenty one years

 

And I do direct that until my said children shall attain the age of twenty one years the legacies of three hundred pounds hereinbefore given to them respectively shall be invested by my said trustees in government or real securities in the names of such trustees and the interest dividends and annual produce thereof paid to my said wife for and towards the maintenance and education of my said children and upon further trust that they my said trustees or the survivors or survivor of them or the heirs and assigns of such survivor do and shall from and immediately after the decease of my said wife by any or either of the ways and means aforesaid levy and raise the further sum of two thousand one hundred pounds of like lawful money of Great Britain and so and shall pay apply and divide the same into and actually amongst my said seven children hereinbefore mentioned or as and when they shall respectively attain the age of twenty one years and do and shall during the minorities of my said children respectively lay out and invest his her and their last mentioned legacies in the names or name of such trustees or trustee in government or real securities and pay and apply the interest, dividends and annual produce of such shares and share for and towards the maintenance and education of the children or child for whose benefit the sum shall be invested and subject to said jointure of one hundred pounds per annum to my said wife and to the payment of the said several sums of two thousand one hundred pounds and two thousand one hundred pounds hereinbefore directed to be raised and applied for the benefit of my said seven children my said trustees and survivors and survivor of them and the heirs and assigns of such survivor shall stand seized of the said messuage and other hereditaments lastly devised to them upon trust for my son Thomas Collett his heirs and assigns forever provided always

 


 

The Will of Thomas Collett (Ref. 14L11) of Bourton-on-the-Water

made on 5th January 1818 and

proved on 13th February 1818

Page 3

 

 

 

And I do hereby declare that the said several legacies of three hundred pounds and three hundred pounds hereinbefore by me given to or for the benefit of my said sons and daughters Mary Collett, Anne Collett, Elizabeth Collett, John Collett, Henrietta Collett, Robert Collett and Emma Collett as well those payable during my said wife’s life to such of my said children as shall attain the age of twenty one and as those directed to be raised and paid after her death shall be considered vested in trusts immediately on my decease provided always and it is nevertheless my will and desire that in case any of my said seven last mentioned children shall die before he she or they shall respectively attain the age of twenty one years without leaving any issue of his her or their respective bodies living at his her or their decease or born in due time after 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 then and in every such case as with the legacy hereby originally given and the legacy or legacies accruing to him her or them by virtue of this proviso shall be in trust for the survivors or survivor of my said sons and daughters Mary, Anne, Elizabeth, John, Henrietta, Robert and Emma Collett to be divided between them in equal shares and proportions

 

I give devise and bequeath all those to freehold closes called Georges Ground and South Lake containing eighteen acres or thereabouts and also all that freehold close called the Buryfield Close containing three acres or thereabouts with the barn thereto belonging and also that close called Side-of-the-Hill containing four acres and also all those several closes called Cracomb containing thirty acres or thereabouts and also all those two cottages in the occupations of Thomas Gorton and myself severally situate within the said Parish of Bourton-on-the-Water and also all of the rest residue and remainder of my estate and effects whether real or personal and wheresoever situate or being of which I was owner at the time of my decease shall be seized possessed or entitled to in possession reversion or remainder or exp……. except the said messuage and lands hereinbefore devised to my said son Thomas Collett and the estates which are vested in me In trust only with their rights members and appurtenances to have and to hold the same unto and to the use of the said James Ashwin, John Beale and John North Wilkins their heirs executors admins and assigns according to the nature and quality thereof  respectively upon trust that they the said James Ashwin, John Beale and John North Wilkins and the survivors and survivor of them and the heirs executors administrators and assigns of such survivor do and shall with all convenient speed after my decease call in and convert into money my said personal estate except the furniture which my wife is to enjoy for her life if she remains my widow and do and shall absolutely sell and dispose of my said freehold closes, cottages and other real estate except my present dwelling house which it is my will may not be sold during my said wife’s life if she remains single either entirely altogether or in parcels by public auction or private contract to any person or persons willing to become the purchaser or purchasers thereof respectively for such price or prices or sum or sums of money as to the said trustees or the survivors or survivor of them or the heirs executors administrators or assigns of such survivor shall seem meet and reasonable and for facilitating such sale or sales do and shall enter into make and execute all such contracts covenants agreements conveyances assurances and other acts deeds and things which my said trustees or the trustees or trustee for the time being of this my Will shall seem meet

 


 

The Will of Thomas Collett (Ref. 14L11) of Bourton-on-the-Water

made on 5th January 1818 and

proved on 13th February 1818

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And I do hereby declare that the receipt or receipts of my said trustees or the survivors or survivor of them or the heirs executors administrators or assigns of such survivor for any sum or sums of money payable to them or him under or by virtue of the trusts of this my Will shall be a sufficient and effectual discharge and sufficient and effectual discharge for the same respectively or so much thereof respectively as in such receipts respectively shall be acknowledged to be received 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 misapplications or be obliged or concerned to see to the application of the money therein mentioned to be received and upon further trust that they my said trustees or the survivors or survivor of them or the executors administrators or assigns of such survivor do and shall stand and be possessed of the monies which shall come to their hands by the sales hereinbefore directed to be made upon trust that they the said trustees and the survivors and survivor of them and the executors administrators

and assigns of such survivor do and shall in the first place pay satisfy and discharge all my just debts funeral and testamentary expenses and do and shall stand and be possessed of  the clear residue of the said trust monies after payment of the said debts and expenses upon trust for my said children Mary, Anne, Elizabeth, John, Henrietta, Robert and Emma Collett to be divided between and among them in equal shares and proportions as and when they shall respectively attain the age of twenty one years and to be in the meantime invested upon such and those decent securities and to be subject to the like benefit of survivorship in form of my said seven children last mentioned as well of original as of accruing share and to all such of the provisions and conditions as are hereinbefore mentioned expressed and declared of and concerning the legacies of three hundred pounds a piece hereinbefore directed to be raised and paid to my said seven last mentioned children after my wife’s decease   

 

I give and devise unto the said James Ashwin, John Beale and John North Wilkins their heirs executors administrators and assigns respectively all the estates which at my decease shall be rested in me upon any trusts and of which I have power to dispose by my Will with their appurtenances to hold to them their heirs executors administrators and assigns respectively according to the nature and quality of the same upon the trusts subsisting therein respectively

 

And I do hereby direct that my said trustees shall not be answerable the one for the other of them or for the security receipts for conformity or for any involuntary loss and that it shall be lawful for them to reimburse themselves their costs and expenses in discharging their trusts

 


 

The Will of Thomas Collett (Ref. 14L11) of Bourton-on-the-Water

made on 5th January 1818 and

proved on 13th February 1818

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And lastly I make nominate and appoint the said James Ashwin, John Beale and John North Wilkins executors of this my Will in witness whereof I have to this my Will contained in five sheets of paper set my hand to the first four sheets and to this fifth and last sheet thereof my hand and seal this fifth day of January in the year of our Lord one thousand eight hundred and eighteen

 

Thomas Collett signed sealed published and declared by the said testator Thomas Collett as and for his last Will and Testament in the presence of us who at his request and in his presence and in the sight and presence of each other have hereunto subscribed our names as witnesses

 

W Kendall, Stephen Betteridge and Thomas Insell

 

 

 

 

I Thomas Collett do make this as a Codicil to my above written last Will and Testament which I publish at the same time therewith and direct maybe taken as part thereof I devise that the sum of five hundred pounds or such further sum as is therein directed to be paid to Mr William Hall for the purpose therein mentioned be a charge upon the freehold estate thereby given to my son Thomas and I hereby give my trustees full power and authority to raise upon the said estate the sum of which they may be called upon to pay to the said William Hall by will or any of the ways or means which they are thereby empowered to use and exercise for raising the several other sums by my said Will charged upon such estates and in all other respects I ratify and confirm my said Will in witness thereof I have hereunto set my hand and seal the day and year above written  

 

Thomas Collett signed sealed published and declared by the testator as a Codicil to his last Will in our presence who at his request in his presence and in the presence of each other have set our names as witnesses

 

W Kendall, Stephen Betteridge and Thomas Insell

 

 

The children of Thomas Collett (Ref. 14L11) and Ann Tilling were:

Mary Collett (Ref. 14M20), Anne Collett (Ref. 14M21)

Elizabeth Collett (Ref. 14M22), John Collett (Ref. 14M25)

Henrietta Collett (Ref. 14M26), Robert Collett (Ref. 14M27)

and Emma Collett (Ref. 14M28)

 

Their first born son, referred to separately, was Thomas Collett (Ref. 14M24)

 

Their only other child was Martha (Ref. 14M23) who had died seven years earlier

 

The Trustee James Ashwin was the husband of Elizabeth Collett (Ref. 14L4)

and therefore the cousin by law of Thomas Collett (Ref. 14L11)

 

The Trustee John Beale was the father of John Beale (1804 to pre1881) who married

Mrs Mary Collett after her husband Thomas Collett (Ref. 14M24) died in 1869