Will and Codicil of John Cayley of Wallington, Surrey d. 1831

Date: [unknown] [unknown]
Location: [unknown]
Surname/tag: Cayley

Will and Codicil of John Cayley of Wallington, Surrey d. 1831

Source: The National Archives, PROB-11-1784-28

Transcription by Michael Cayley, released into the public domain

Will with codicil proved 23 April 1831

Will dated 27 December 1827

In the name of God Amen. I John Cayley of Wallingon in the County of Surrey Esquire being of sound and good memory do make this my last will and testament in manner following I direct that all my just debts shall be paid with all convenient speed after my decease I give and bequeath unto my beloved wife Harriet Cayley all the household goods and furniture and all other household plate linen china books wines liquors paintings pictures maps prints drawings and utensils of gardening and provisions of every kind which shall be in and about the house and offices in which I shall reside at my death and also all my carriages and horses and the harness and happings and other articles and things thereto belonging and the furniture and implements of the stable to hold the same to my said wife as her absolute property I also give and bequeath to my said wife all her paraphernalia wearing apparel and linen and the watches rings trinkets jewels and other ornaments of her person usually worn by or reputed to belong to her and whereas my son William [miscopying - should be Edward] is already established in my Petersburgh house of trade and has realized some property while on the other hand my son William is now bringing up at the university with a view of entering into the church where his income must necessarily limited and it is at present uncertain what may be the lot of my two other sons Francis Melvil and John Now therefore taking those circumstances into consideration I di give and bequeath unto my said son William in addition to his share and interest in my residuary Estate hereinafter mentioned the sum of seven thousand pounds to be paid to him at the end of six calendar months after my decease or as soon after that period as he shall attain the age of twenty one years to and for his own use and benefit And I give and bequeath unto my said son Francis Melvil in addition to his share and interest in my said residuary Estate he sum of four thousand pounds to be paid to be paid to him when and if he shall live to attain the age of twenty two years And I give unto my said son John in addition to his share and interest in my said residuary Estate the sum of four thousand pounds when and if he shall live to attain the age of twenty two years And I do hereby declare that in case my said sons Francis Melvil and John or either of them shall die under the said age of twenty two years then the Legacy of four thousand pounds hereinbefore given to each son respectively so dying shall fall into and become part of my residuary personal Estate I give and bequeath to each of my daughters Lucy and Maria the sum of three hundred pounds to be paid to each such daughter for wedding clothes on the day of her marriage in case the same shall happen in the lifetime of my said wife but not otherwise I bequeath to my said son Edward my silver salver and [Rivers?] Bible both originally belonging to my Grandfather and which I wish to descend to his eldest son and to be preserved in the Cayley family as long as circumstances permit nut in the meantime out if respect for his mother I request that he will let the salver remain in her possession as long as she chuses I bequeath to my said son William my largest silver cup I bequeath to my said son Francis Melvil the two smaller cups I bequeath to my said son John my gold watch chain and seals I give and bequeath to my said wife my brother Henry Cayley and my friend Claude George Thornton Esquire the sum of five thousand pounds upon trust to invest the same in the purchase of English stocks or funds and to pay the dividends interest and annual proceeds thereof to Elizabeth Cayley the widow of my late brother William Cayley for her life and after her decease upon trust to pay assign and transfer the said stocks funds and securities unto her son and daughters Henry Maria and Anna equally between and among them share and share alike for their respective use and benefit I give and bequeath the several Legacies following that is to say To my sister Mrs Moberly the sum of one thousand pounds To my brothers Cornelius George and Henry the sum of two hundred pounds each To my cousin Mrs Sally Cavanaugh the sum of two hundred pounds To my mother in law Mrs Mary Raikes and her daughter Lucy Raikes the sum of one hundred pounds each To my nieces Sarah and Elizabeth Cayley and my nephew Cornelius Cayley the sum of one hundred pounds each To my cousins Jane Cozens and [Sozinta?] Cozens the sum of one hundred pounds each To my cousin John Cavanaugh the sum of one hundred pounds To my cousin Mrs Mary Percival the sum of one hundred pounds To her son Thomas Percival and her daughters Harriet and Elizabeth the sum of fifty pounds each To my nephew Captain John Moberly the sum of two hundred pounds To my niece Mrs Courtnay the sum of fifty pounds And I desire that where no direction is given to the contrary all the said several Legacies hereinbefore given shall be paid within three months after my decease I give devise and bequeath unto my said wife Harriet Cayley my said brother Henry Cayley and the said Claude George Thornton all my freehold and leasehold house outoffices and lands and all other my hereditaments and premises at Wallington now in my own occupation and which I lately purchased of Mr Bonham and also all my houses lands and premises at St Petersburgh and all other my freehold and leasehold hereditaments and premises whatsoever and wheresoever and also all my goods chattels moneys and securities for money bonds and other debts and all other the personal Estate and effects whatsoever in England Russia or elsewhere of or to which I shall be possessed or entitled at the time of my decease except those articles which I have given to my said wife or otherwise disposed of by this my will or shall hereafter dispose of by any Codicil thereto to have and to hold the said freehold and leasehold houses lands hereditaments and premises goods chattels abd all other the effects hereinbefore given devised and bequeathed unto my said wife Harriet Cayley my brother Henry Cayley and the said Claude George Thornton their heirs executors administrators and assigns according to the nature and qualities thereof respectively nevertheless upon the trusts and for the intents and purposes hereinafter expressed that is to say upon trust that they my said wife and said brother Henry Cayley and the said Claude George Thornton or the survivors or survivor of them or the heirs executors administrator ir assigns of such survivor do and shall with all convenient speed after my decease call in and concert into money my said personal Estate including my Estate and effects in Russia or such part thereof as shall not consist of Bank stock or funds or Government or real securities which he or they may think fit to retain on the securities existing at my death and do and shall sell and absolutely dispose of my said freehold and leasehold houses lands tenements and hereditaments respectively including my said houses lands and premises in Russia either by public auction or private contract at such times at such place or places and in such manner as they my said trustees shall in their discretion think fit and most beneficial to my Estate to any person or persons who shall be willing to become the purchaser or purchasers of the same and for the most money and for the best price or prices that may be reasonably obtained for the same and for that purpose do and shall enter into and execute all such agreements conveyances and assurances whatsoever as ti them or him shall seem meet And I direct that my said trustees or trustee for the time being do and shall by and out of the money to arise by such sale or sales and all other my residuary personal Estate pay and charge all the costs and expenses of and occasioned by such sale or sales or otherwise attending the execution of the trusts of this my will and in the next place do and shall pay and discharge my funeral expenses and the charges if proving this my will and all my just debts and also the several Legacies hereinbefore given as and when they shall become due and payable and do And shall lay out and invest the residue of the said money at interest either in or upon some or one of the parliamentary stocks or funds kf Great Britain or upon Government or real securities in England or Wales And do and shall from time to time alter change and vary the securities in or on which my trust property shall at any time after my decease be i vested as he she or they in his her or their discretion shall think fit And upon trust that they the said trustees or trustee for the time being do and shall pay unto or permit my said wife Harriet Cayley and her assigns to receive and take all the dividends interest and income of all my trust monies stocks funds and securities for and during the term of her natural life to be applied by her for her own use benefit and support and also in support of my said children Lucy Cayley William Cayley Francis Melvil Cayley Maria Cayley and John Cayley respectively as my said wife shall think proper and of which she shall be the sole judge until they shall be respectively provided for under the provisions of this my will or otherwise and from and immediately after the decease of my said wife Harriet Cayley upon trust that they my said trustees or trustee for the time being do and shall pay assign and transfer out of such seventh parts unto my said son Edward for his own use and benefit And do and shall pay assign and transfer one other of such seven parts unto my son William as and when he shall attain the age of twenty one years for his own use and benefit and do and shall pay assign and transfer one other of such seven parts unto my said son Francis Melvil as and when he shall attain the age of twenty one years for his own use and benefit and do and shall pay assign and transfer one other of such seven parts unto my said son John as and when he shall attain the age of twenty one years for his own use and benefit And do and shall pay the dividends interest and income arising from one other of such seven parts of and in my said trust monies stocks funds and securities unto my daughter Harriet Robinson the wife of Charles Robinson during her life for her sole use separate and apart from and exclusive of her present or any future husband so that the same may not be under the control of any such husband or subject or liable to his debts contracts forfeitures or engagements and so that the receipts of my said daughter Harriet Robinson may be good and sufficient discharge for the same Yet nevertheless so that my said daughter Harriet Robinson may not anticipate charge incumber or assign all or any part of the same dividends interest and income before the same shall become due and payable and from and after the decease of my said daughter Harriet Robinson Upon trust that they my said trustees or trustee for the time being do and shall pay assign and transfer the said last mentioned part or share of and in my said trust monies stocks funds and securities to the child if only one and if more than one then unto between and among all the children of my said daughter Harriet Robinson who being a sons or sons shall attain the age of twenty one years or die under thatvage leaving issue or being a daughter or daughters shall attain the age of twenty one years or marry which as to each of them respectively shall first happen And in case each of the sons of my said daughter Harriet Robinson should depart this life under the age of twenty one years and without leaving issue living at his death and each of her daughters should depart this life under the age of twenty one years and without having been married then I direct that the said last mentioned seventh part or share shall be held in trust for such person or persons and for such ends intents and purposes and in such parts shares and proportions as my said daughter Harriet Robinson either before or after failure of issue as last mentioned notwithstanding her coverture by her last will and testament in writing or any codicil or codicils thereto to be by her executed in the presence of and attested by two or more credible witnesses shall direct and appoint And for want of such direction or appointment the said last mentioned seventh part or share shall be held in trust for the person or persons who at the decease of my said daughter Harriet Robinson of whjch shall last happen such failure of her issue as aforesaid shall be of the blood and kin to my said daughter Harriet Robinson and who would ne entitled to the same under the Statute for the distribution of the effects of persons dying intestate in cSe my said daughter died intestate and unmarried And I direct that my said trustees or trustee for the time being do and shall pay the dividends interest and income rising from one other of such seven parts of and in my said trust monies stocks funds and securities unto my daughter Lucy during her life for her use separate and apart from and exclusive of any husband she shall marry so that the same may not be under the control of any such husband or subject or liable to his debts contracts forfeitures or engagements and so that the receipts of my said daughter Lucy may be good and sufficient discharges for the same yet nevertheless so that my said daughter Lucy may not anticipate charge incumber or assign all or any part of the same dividends interest and income before the same shall become due and payable And from and after the decease of my said daughter Lucy Upon trust that they my said trustees or trustee for the time being do and shall pay assign and transfer the said last mentioned part of share to the child if only one and if more than one … [identical provision for contingencies as for daughter Harriet] And I direct that my said trustees or trustee for the time being pay and apply so much of the dividends interest and annual proceeds of the remaining seventh part of my said trust monies stocks funds and securities as they shall think proper in for and towards the maintenance education and support of my said daughter Maria until she shall attain the age of twenty one years or marry And from and after my said daughter Maria shall attain the age of twenty one years or marry then I direct that my said trustees or trustee for the time being shall stand possessed of the said last mentioned seventh part or share of and in my said trust monies stocks funds and securities upon and for the like trusts intents and purposes and under and subject to the same powers [?] and declarations for the benefit of my said daughter Maria her issue appointees and next of kin in all respects as are hereinbefore expressed declared and contained of and concerning the seventh part or share in my said trust monies stocks funds and securities the trusts whereof are declared for the benefit of my said daughter Lucy her appointees and next of kin respectively provided always and I do hereby declare that in case any or either of my said sons William Francis Melvil and John shall die under the age of twenty one years and without leaving issue living at his or their death or respective deaths or in case my said daughter shall die under the age of twenty one years and without having been married then the share if each son or daughter so dying as aforesaid as well original as accruing of and in my said residuary Estate shall go and belong to the survivors of my said children respectively including the said Harriet Robinson Lucy Cayley and Edward Cayley in equal shares and proportions and the shares of my said daughters respectively to be held upon the like trusts ends intents and purposes as are hereinbefore declared concerning their original shares or as near thereto as circumstances will admit of And whereas on the marriage of my said daughter Harriet Robinson I advanced as her marriage portion the sum of five thousand pounds and which was invested in the purchase of certain British stocks or funds and by the settlement made previous to and in contemplation of the said marriage the said stock was declared to be held after the decease of my said daughter Harriet Robinson and on failure of her issue in trust for me my Executors administrators and assigns Now if do hereby give and bequeath to my said daughter Harriet Robinson all my contingent right or interest in the said stock for her own use and benefit And I do hereby declare that notwithstanding the trusts hereinbefore contained the said sum of five thousand pounds so advanced on the marriage of my said daughter Harriet Robinson as aforesaid shall be taken and considered as part of my residuary Estate and that my said daughter Harriet Robinson and her issue shall not have or be entitled to any share in my said residuary Estate without bringing the said sum of five thousand pounds into [?] and accounting for the same accordingly provided also and I do hereby further direct notwithstanding the trusts hereinbefore contained and the prior interests if my said wife in my said residuary Estate that in case either or both of my said daughters Lucy and Maria shall marry in the life time of my said wife my said trustees or trustee for the time being do and shall upon the marriage of my said daughters respectively set apart so much my said stocks or funds as according to the current price of stocks on the day her marriage shall be of the value of five thousand pounds sterling as part of the share of such daughter in my said residuary Estate and do and shall thenceforth stand possessed of the said stocks or funds so set apart and the dividends interest and proceeds thereof Upon and for the like trusts ends intents and purposes in all respects as after the death of my said wife are hereinbefore expressed and declared or referred to concerning the remaining part of the share of such daughter in my said residuary Estate and the dividends interest and proceeds thereof provided further and I do hereby declare and direct that in case either of my said sons Francis Melvil and John shall become a partner in the business now carrying on at St Petersburgh under the firm of Thornton Cayley and Company within twelve calendar months after my decease and before such son shall attain the age of twenty two years my said trustees or trustee for the time being shall (with the consent of my said wife but not otherwise during her life and after her death then of their own authority) allow such son to retain such part of my share in the capital of the said concern as shall be equal to his share and interest therein to enable him to carry on the same And in case either of my said sons shall become a partner in the said concern after the expiration of twelve calendar months from my decease and before he shall attain of twenty two years then I direct my said trustees or trustee for the time being but with such consent as aforesaid or as the case may be of their own authority to lend and advance to such son out of my residuary Estate such sum as shall be equal to the amount of the capital which shall be required to bring into the said concern in either of the aforesaid cases the son so becoming a partner as aforesaid shall pay to my said trustees or trustee the money so retained by or advance to him at his convenience or at such times and in such manner and either with or without interest in the mean time as my said wife shall direct and if the same shall not be paid in the life time of my said wife such son shall accept and take the same as part of his share in my residuary Estate provided always and I do hereby declare that it shall be lawful for my said trustees or trustee for the time being subject and without prejudice to the prior life interests of their parents to apply all or any part of the dividends interest income arising from the portion of each any or either of the children taking interests under this my will during his or her minority in or towards his or her maintenance education schooling clothing or advancement in such manner as my said trustees or trustee for the time being shall think fit and after the determination of the prior interests of their parents or in the life time of all any or either of their parents with the consent in writing of the person or persons for the time being entitled to prior life interests in the said trust monies stocks funds and securities to advance and pay to and for each any or either of the same children notwithstanding his or her minority any part not exceeding one half of their vested or expectant share of the same children respectively of and in all the said trust monies stocks funds and securities for placing out any such cild or issue being a male to any profession or employment or in the purchase of a commission commissions or promotion for him in the army or in the education of any issue being a male at any University or Universities or any other Seminary of learning or any of the Inns of Court or of Chancery or for the advancement or preferment in the world or in marriage of any such child or issue being either male or female and further that all money and other property which shall be advanced to or for such of the same children respectively shall be taken and considered as a part of his or her portion or share and shall be deducted and allowed out of the same notwithstanding his or her death before his or her portion shall be absolutely vested in him or her and notwithstanding the right to the same portion may afterwards be defeated or avoided And further that so much of the dividends interest and annual income arising from the portion or share of each of the same children respectively as shall not be applied for the maintenance education and advancement of the child respectively to whom the same portion or share shall belong shall from time to time be added to the principal of the same portion or share and be improved at interest together with the same and as part thereof by way or in the nature of compound interest and follow and be subject to all the limitations trusts and dispositions either for children or other persons hereinbefore expressed declared and contained of and concerning the principal of the same portion or share until the same principal or the securities in which the same shall be invested shall become payable or is or are hereby directed to be paid assigned and transferred … [there follow some lengthy provisions relating to administration of the estate] … I nominate constitute and appoint my said wife Harriet Cayley my said brother Henry Cayley and the said Claude George Thornton to be Executrix and Executors in trust of this my will and revoking all former wills made by me at any time heretofore I do declare this writing alone contained in eleven sheets of paper to be my last will and testament In witness whereof to the first ten sheets hereof subscribed my name and to this eleventh and last sheet subscribed my name and affixed my seal this eleventh day of December in the year of our Lord one thousand eight hundred and twenty seven.

Codicil dated 26 July 1830

This is a codicil to the said last will and testament of me John Cayley of Wallington in the County of Surrey Esquire dated the eleventh day of December one thousand eight hundred and twenty seven Whereas I have in and by my sad will bequeathed to each of my sons Francis Melvil and John in addition to his share in my residuary Estate the sum of four thousand pounds to be paid to such sons respectively when and if they shall attain the age of twenty two years Now I do hereby declare and direct that in case either or both of my said sons Francis Melvil and John shall before he or they shall attain the age of twenty two years become a partner or partners in my St Petersburg Establishment then I revoke the Legacy of four thousand pounds so given to each such son so becoming aa partner as aforesaid and direct that the said Legacy shall fall into and become part of my residuary personal Estate but in case either or both of my said sons Francis Melvil and John shall during the life of my said wife and after he or they shall have respectively attained the age of twenty two years become a partner or partners in my said St Petersburg Establishment then I direct that the said Legacy of four thousand pounds so given to each such son so becoming a partner as last aforesaid shall be taken and considered as part of my residuary personal Estate and shall at the death of my wife be brought into [?] and accounted for by such son or sons accordingly And whereas since the date of my said will my daughter Lucy has intermarried with the Reverend Charles Edward Hutchinson and upon such marriage I advanced to or for the benefit of my said daughter Lucy the sum of five thousand pounds sterling as her marriage portion Now I do hereby that the said sum of five thousand pounds shall be taken and considered as part of my residuary personal Estate and that my said daughter or her issue shall not have or be entitled to any share of my residuary Estate without bringing the said sum of five thousand pounds into [?] and accounting for the same accordingly And I do hereby authorize and empower the trustees or trustee for the time being of my said will at any time and from time to time so long as any or either of them my said wife my said brother Henry Cayley and the said Claude George Thornton shall be living and acting under the trusts of my said will to retain any shares bonds or stick of any company whether British or foreign and also ny foreign stock and also any securities whether real or personal which I may possess at my death and also to lay out and invest any part of my personal Estate in the purchase of any such shares bonds stocks and real and personal securities and also to lend the same on security either real or personal to any person or persons whomsoever either in Great Britain or elsewhere but the discretionary power hereby given to my said trustees or trustee shall cease on the death or resignation of all of them my said wife the said Henry Cayley and Claude George Thornton I give and bequeath to my son in law Charles Robinson and to George Smith Thornton of Marbew[?] Hill Hertford five hundred pounds to be laud out by them in the purchase of public stocks or funds such stocks or funds to be held by them In trust for Michael Frederick Halliday and Jane Meliora[?] Halliday son and daughter of my old friend and brother in law Captain Michael Halliday RN to be equally divided between them and to be paid and transferred at their respective ages of twenty one years And in case of either of them dying under that age his or her share shall be held In trust for the survivor and shall be paid and transferred at the age aforesaid And I direct that during their minorities the interest and dividends of their shares respectively shall be applied towards their maintenance But in case both of them shall die under twenty one the said stock shall be transferred to the Trustees and Executors of my said will to be held as part of my residuary Estate And in all other respects I confirm my said will Dated the twenty sixth day of July one thousand eight hundred and thirty