Nat Gould

Will of Thomas Gilbert 1720-1798

Will of Thomas Gilbert 1797

This is the last Will and Testament of me Thomas Gilbert of Cotton in the County of Stafford Esquire First I ratify and Confirm that the Settlement already made upon my dear wife Mary Gilbert and in addition to that provision thereby made for her I gave to her an Annuity of one hundred pounds during her natural life payable half yearly the first payment thereof to begin and be made at the end of six Calendar Months next after my decease and to Continue payable in proportion to the day of her death I also Give to her such parts of my Plate as she shall chuse not exceeding one hundred pounds in the whole also my Chaise and the pair of Horses usually drawing the same and the Harness and other Appendages thereto to be Chosen and delivered to her as soon as Conveniently may be after my decease I also give to my said wife the sum of one hundred pounds to be paid at the end of three Months next after my decease and I will that the Remainder of my Plate and my Linen and Furniture of all descriptions shall go in succession or with my Real Estates at Cotton aforesaid according to the limitations of my Settlement so far as the Rules of Law and Equity will permit and I direct that a Correct Inventory be taken thereof and that the person or persons who shall from time to time enter into possession of my said Estates and be thereof or entitled to the rest remainder of my said Plate and to my said Linen and Furniture shall within three months next after he she or they shall so become entitled thereto subscribe the said Inventory and give security to the satisfaction of my Trustees and Executors hereinafter named to use the same in a proper and Careful manner without suffering any wilful spoil or injury to be done thereto and that the Stock of Linen shall be kept up and with the said Plate and Furniture delivered in good condition reasonable allowance being made for the necessary wear thereof to the person or persons next entitled in succession to my said Real Estates as he she or they shall become seized thereof or intitled thereto according to the Limitations of my said Settlement and that in Case the Person or Persons who for the time being shall become seized to my said Real Estates shall refuse or neglect to subscribe the said Inventory and give such security as aforesaid within the time before for that purpose mentioned then I hereby authorize my said Trustees and Executors if they shall think fit to sell and dispose of such Plate Linen and Furniture and apply the produce thereof in Augmentation of my Personal Estate and I particularly recommend to my Eldest Son Thomas Gilbert and to the several other Persons to whom my Real Estates at Cotton aforesaid shall from time to time come and belong under the limitations of my said Settlement to permit my said Wife to enjoy during her life such Apartments and other Accommodations with and about my house at Cotton with the use of such of the said Linen and Furniture as she shall think proper and convenient for her and as shall be agreed upon between them and if they differ therein the same to be settled and decided by my said Trustees and Executor or assigns the better to assure the conformity as well of my said Son Thomas as of my Son Richard Gilbert if he shall come into possession of my said estate at Cotton I direct that in case either of them shall refuse to Comply with this my recommendation or obstruct or incommode my said Wife in the quiet and reasonable enjoyment of such apartments or other accommodations or in the use ?? Furniture ? shall be so ? settled then I revoke all benefit given to or provided for such of them or the Family as shall be guilty of such refusal obstruction or incommodation by this my will during the life of my said wife and do give the use of all my said last mentioned Plate Linen and Furniture and the Rents Interest Profits and Produce of all such parts of my Real or Personal Estates hereby given to him her or them unto her my said wife during her natural life in lieu of the said apartments and other accommodation and the use of such parts of the said Linen and Furniture hereby intended for her I Give and Bequeath unto my two Nieces Hannah and Ellen Gould Daughters of my late Sister Elizabeth Gould who now live in a House belonging to me in Oakamoor Wood in the said County of Stafford under a Lease from the Earl of Shrewsbury the said House with the Garden and all Appurtenances thereto belonging which are now in their possession during their lives and the life of the Survivor of them if the said Lease shall so long subsist ? without paying any Rent for the same I Give and Bequeath unto my said two Nieces Hannah and Ellen and unto my Niece Elizabeth another Daughter of my said late Sister Elizabeth Gould one Annuity of ten pounds each during their respective natural lives I also Give to Deborah Dean Spinster now living with me an Annuity of Five pounds during her natural life and to Elizabeth Cope my Wife's maid an Annuity of twenty pounds during her natural life the first payment of which said several last mentioned Annuities to begin and be paid at the end of Six Calendar Months next after my decease and to continue payable half yearly during the lives of the said Annuitants respectively and so in proportion to the day of their respective deaths I Give to Miss Mary Clealand my Wife's Companion an Annuity of twenty five pounds during the joint natural lives of herself and my said wife the first payment thereof to begin and be made at the end of six Calendar Months next after my death and to begin and to Continue to be payable half yearly and so in proportion to the day of the death of such of them as shall first happen to die and in case the said Mary Clealand shall happen to survive my said wife then I Give to her the said Mary Clealand an Annuity of Fifty pounds during the remainder of her natural life the first payment thereof to begin and be made at the end of six Calendar Months next after the death of my said wife and to Continue payable half yearly to the day of the death of the said Mary Clealand I Give to my Two Clerks William Garrett and John Johnson the Sum of Fifty pounds each to my Servant Sarah Booth the Sum of forty pounds to my coachman Ralph Spilsbury twenty pounds and to my Cook Mary Boraston twenty pounds if they shall respectively be in my Service at the time of my death to be paid to them respectively at the end of twelve Calendar Months next after my death I Give to my Nephew David Birds the sum of one thousand pounds I also give to him an Annuity of Fifty pounds during his natural life payable half yearly the first payment thereof to begin and be made at the end of six Calendar Months next after my death and to continue payable half yearly and so in proportion to the day of his death as a Compensation for his Care and Trouble in my Concerns and the execution of this my Will I Give Devise and Bequeath all my Shares Interest and Property in the Canal from the Trent to the Mersey the Shropshire Canal and the Shrewsbury Canal and in any other Navigation and also in all and every the Collieries Limeworks Lead Mines and any other Mines or Minerals wherein I am concerned in Conjunction with the Marquis of Stafford and a Representative of my late Brother John Gilbert or with any other Person or Persons my Burgage and other property in Lichfield and all other my Real and Personal Estates over which I have any Dominion and not hereinbefore disposed of unto my said Nephew David Birds and my Friend Thomas Morris the younger of Newport in the County of Salop Gentleman their Heirs Executors Administrators and Assigns according to the nature and quality of such Estates respectively upon the several Trusts and to and for the several interests and purposes hereinafter mentioned (that is to say) Upon Trust that they my said Trustees or the Survivor of them his Heirs Executors or Administrators shall and do by Sale or Mortgage of all my said Trust Estates or of a Competent Part thereof levy and raise such Sum and Sums of Money as shall be sufficient to pay and discharge all my Just Debts Funeral Expenses and Legacies hereinbefore bequeathed together with the Costs of proving and carrying into execution the Trusts of this my Will and shall and subject thereto shall and do out of the Yearly Rents Dividends Profits and Produce of my said Trust Estates or the Monies to arise therefrom pay the said several Annuities hereinbefore given without any preference or priority whatsoever and upon Further Trust that they my said Trustees or the Survivor of them his Heirs Executors or Administrators shall and do in the next place and within the space of two Years after my decease by the means aforesaid levy and raise the Sum of two thousand and five hundred pounds and pay and apply the same unto and amongst all and every now creditors of my said Son Richard Gilbert rateably and in proportion to their respective debts if all of such Creditors whose debts respectively shall amount to ten pounds or upwards and all others of them save such one or more of them whose debts Collectively shall not exceed the Sum of one hundred pounds shall within the said space of two Years agree in writing to accept the Dividend to arise therefrom in full of their respective debts and to execute to my said Son a General Release from all Claims and Demands in respect thereof But if any one or more of the Creditors of my said Son Richard whose debt or debts respectively shall amount to the Sum of ten pounds or upwards or to so many other of the said Creditors whose debts Collectively shall exceed the said Sum of one hundred pounds shall refuse or neglect to enter into such agreement in writing to accept the Dividend to arise from the said Sum of two thousand and five hundred pounds in full discharge of his her or their respective debts and to execute such Release as aforesaid then the Trusts hereinbefore declared concerning the said Sum of two thousand and five hundred pounds shall Cease and I do hereby revoke the same Sum and in that Case I give the said Sum of two thousand and five hundred pounds to my said Trustees their Executors Administrators and Assigns Upon Trust to pay and apply the same for the Peculiar and Personal support and benefit of my said Son Richard my Daughter in Law in his now Wife and his Child or Children in the same manner and with and subject to the same absolute and incontrovertible discretion in my said Trustees their Heirs Executors and Administrators with remainder in default of such Child or Children or the Issue of such Child or Children in Case any part thereof shall remain unpaid and unapplied in the life time of my said Son and Daughter or of the Survivor of them to my said Son Thomas Gilbert his Heirs Executors and Administrators as the third part of the Residue of my said Estate hereinafter bequeathed for the support and benefit of my said Son Richard and his said Wife Child and Children or the Issue of such Child or Children and the Moiety of another third part of the said Residue in like manner bequeathed after the death of my Wife are particularly expressed and directed to be paid and applied Provided always nevertheless and it is my Will that notwithstanding all the Creditors of my said Son Richard Gilbert whose respective debts shall exceed the Sum of ten pounds or whose debts Collectively shall not exceed the Sum of one hundred pounds shall not agree to accept the Dividend to arise from the said Sum of two thousand and five hundred pounds in full discharge of their respective debts within the said space of two Years after my Decease albeit it shall and may be lawful to and for my said Trustees or the Survivor of them or his Executors or Administrators at any time aforesaid during the life of the said Richard Gilbert to execute the Trusts hereinbefore first declared concerning the said Sum of two thousand and five hundred pounds and to divide the same unto and amongst such of his said Creditors as shall agree to accept the same in full discharge of their respective debts and to execute such release as aforesaid in Case my said Trustees or the Survivor of them or his Executors or Administrators in their or his direction shall think proper so to do and not otherwise which discretion I hereby declare shall be absolute in the persons of my said Trustees and the Survivor of them his Executors and Administrators and shall not be Controuled or Controulable by any Court of Law or Equity But that they are said Trustees or the Survivor of them or his Executors and Administrators shall be at Liberty to carry the said first mentioned Trusts of the said Sum of two thousand and five hundred pounds into Effect or not as they or he shall think fit any thing herein contained to the contrary notwithstanding and shall not be responsible in any Court of Law or Equity for the exercise of such Discretion Provided the debts of all the Creditors of the said Richard Gilbert refusing to accept that the said Dividend and to execute such release as aforesaid do not exceed in the whole the Sum of Five hundred pounds and from and after all the Trusts and Purposes aforesaid are fully effectuated then upon Trust that they my said Trustees or the Survivor of them and his Heirs Executors or Administrators shall and do pay and apply one equal third part of the remaining rents dividends profits and produce of my said Trust Estates or of the Monies so arisen thereof unto my said Wife or her Assigns for and during the time of her natural life and upon further Trust that they my said Trustees shall and do Assign Transfer and Convey or pay and apply one other equal third part of my said Trust Estates or the Monies to arise therefrom (as also one half of the said third part wherein my said Wife will be so interested for her life after her decease) To my said son Thomas Gilbert his Heirs Executors Administrators and Assigns to and for his and their own use and benefit and upon further Trust that they my said Trustees or the Survivor of them his Heirs Executors or Administrators shall and do either assign transfer and convey the whole or any part of the remaining third part of my said Trust Estates (as also all or any part of the other half part of the said third part wherein my said Wife will be so interested for her life after her decease) in specie or pay and apply the whole or any part thereof or of the Monies to arise therefrom or the whole or any part of the yearly rents dividends profits and produce thereof in such sum and sums at such time and times and in such manner and form as they shall respectively in their Judgment and discretion think proper to and for the use and benefit of my said Son Richard Gilbert my Daughter in Law in his now Wife and such Child and Children as he may happen to have by her or by any future wife or to or for the use and benefit of any of them without being Controulable or accountable in Law or Equity in or for the exercise of such Judgment or discretion by or to my said Son or his said Wife and Child or Children or any other Person authority or Jurisdiction whatsoever and in Case my said Son Richard and his said present Wife shall both happen to die before the whole of the said third part and of the said half part of the other third part wherein my said Wife will be so interested for life as aforesaid and the Rents Dividends Profits and Produce thereof shall have been so assigned transferred and conveyed or paid and applied leaving one or more Child or Children of him the said Richard Gilbert Then Upon Trust to Assign Transfer and Convey or pay and apply so much of the same third part and the said half of the other third part wherein my Wife will be so interested or of the Rents Dividends Profits and Produce thereof as shall then remain to and amongst such Child or Children (if more than one) and the Issue of any deceased Child or Children in equal proportions the Issue of every deceased Child to take only such Share or Interest as he her or their Parent if living would have taken or been entitled unto but if no such Child or Children or Issue of any deceased Child or Children shall happen to be living at the death of the Survivor of them my said Son Richard and his said now Wife Then I Give so much of the said last mentioned third Part and of the said half part of the said other third part and the Rents Dividends Profits and Produce thereof as shall not have been so assigned transferred and conveyed or paid or applied as aforesaid unto my said Son Thomas Gilbert his Heirs Executors and Administrators absolutely for ever and it is my special desire that an account of all my said Trust Property and of the Rents Dividends Profits and Produce thereof and the payments to be made in execution of the Trusts of this my Will be properly and accurately prepared at the end of every year by the said David Birds and be laid before my said Wife and my said other Trustees and Executors for her and his Inspection and examination on or before the twentieth day of January in the following year that being the time when I think they may be most Conveniently Closed and Adjusted for the year preceding it being my Object considering the nature of the said Property which in some respects is precarious in its produce and duration that it should if conveniently practicable and my said Trustees or the Survivor of them his Executors or Administrators shall approve thereof but not otherwise be so arranged as to effect a Gradual Discharge of said Debts Legacies and Annuities and to raise the said Sum of two thousand and five hundred pounds without selling any part of my Interest in the various concerns wherein I am engaged with the said Marquis of Stafford and the Representatives of my said late Brother or any degree prejudice or incommodation most beneficial enjoyment thereof and the prosperous progress which has heretofore been made and is still likely to be made therein provided always and it is my will that in Case either of my said Trustees and said Executors shall die before the Trusts of this my Will are fulfilled then I appoint my Friend the Reverend Thomas Leigh Son of Edward Leigh late of Greenhill in the said County of Stafford Esquire to be a Co Trustee and Executor with the survivor of them in the Place or Stead of such deceased Trustee and Executor and from the time of the decease of such survivor Trustee and Executor and from the time of the decease of such Trustee and Executor as shall first die all my said Trust Estates or so much thereof as shall not have been previously sold disposed of and applied as is otherwise before directed shall immediately become invested in the said Thomas Leigh Jointly with my said surviving Trustee and Executor and their Heirs Executors and Administrators according to the respective natures and qualities of such Estates upon and for the same Trusts and Interests and Purposes and with the same Powers and discretion in all respects as the same are hereby vested in the said David Birds and Thomas Morris their Heirs Executors and Administrators or as if the said Thomas Leigh had originally been appointed such Trustee and Executor in the stead of him who shall so first die Provided further and I hereby declare that the receipt and receipts of my said Trustees or the Survivor of them his Heirs Executors or Administrators shall be an absolute discharge to any Purchaser or Purchasers Mortgagee or Mortgagees of my said Trust Estates or any Part or Parts thereof and to all and every other Person or Persons from time to time interested therein or connected therewith for so much Money as in such receipt or receipts shall be expressed to be received and that such Purchaser or Purchasers Mortgagee or Mortgagees or other Person or Persons shall not afterwards be answerable or accountable for the misapplication or non application thereof or any part thereof and I also declare that my said Trustees their Heirs Executors and Administrators respectively shall not be responsible for any more or other of my said Estates than they shall severally actually receive nor the one for the other nor for the Acts receipts or defaults of the other of them but each for his own Act receipt and default only nor for any loss that may happen by defect in Title or Value of any Fund or Security in or upon which any of my Trust Property or the Rents Dividends Profits and Produce thereof shall be invested or secured by the failure of any Bank Banker or other Person with whom the same shall be lodged for Safe Custody nor for any involuntarily loss whatsoever and that it shall be lawful for my said Trustees their respective Heirs Executors and Administrators to deduct and retain out of the said Trust Estates and the Rents Dividends Profits and Produce thereof for all Costs Charges Damages and Expences which they or any of them shall or may sustain pay or be put unto in or about the Execution of the Trusts hereby in them respectively reposed Lastly I nominate and appoint the said David Birds and Thomas Morris Executors of this my Will and I desire the former to take upon himself the Active Part of the said Trust and Executorship that my said other Trustee and Executor may be relieved as much as possible therefrom and hereby revoking all former Wills by me made I declare this only to be my last [Will] In Witness whereof I the said Thomas Gilbert have to this is my Will contained in seven sheets of paper written on one side of each sheet to the six first sheets thereof subscribed my Name and to this last sheet subscribed my Name and set my Seal the sixteenth day of March in the Year of our Lord one thousand seven hundred and ninety seven

- Thos. Gilbert LS –

Signed Sealed Published and Declared by the above named Testator Thomas Gilbert as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have subscribed our names as Witnesses thereto - The Words “ which are now in their possession" between the thirteenth and fourteenth lines on the second sheet being first interlineated - Hugh Bennett – Richd. Hughes – Thos. Rodding

This Will was proved at London the sixteenth day of February in the Year of our Lord one thousand seven hundred and ninety nine before the Right Honorable Sir William Wynne Knight Doctor of Law Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oaths of David Birds and Thomas Morris the younger the Executors named in the said Will to whom Administration of all and singular the Goods Chattels and Credits of the deceased was granted having been first sworn by Commission duly to Administer