Joseph Cocksedge Esqr.
29.
This is the last will and testament of me Joseph Cocksedge, late of Ham Common, but now of Edwards Square, Kensington, in the county of Middlesex, Esquire
In the first place I will and direct that all my just debts, funeral expenses and the expenses of proving this my will be paid and satisfied as soon as conveniently can be after my decease, by my executors hereinafter named, by and out of my general personal estate and effects
I give and bequeath the sum of seven hundred pounds unto my niece, Sarah Potter, wife of Youngs Potter of Pentley in the county of Norfolk, for her own use, her receipt alone to be a discharge for the same – and I direct that the same be paid to her within six months after my decease
I also give and bequeath unto the said Sarah Potter all my furniture, plate, linen, china, wearing apparel, wines and effects, except such part thereof as I have by this my will specifically bequeathed, and except my books and paintings – for her own use and benefit
I give and bequeath the sum of one hundred pounds to Elisha Collison the elder of Pocklington, Yorkshire
I also give and bequeath the sum of one hundred pounds to my goddaughter, Eliza Le Brun, formerly Eliza Wilmot, spinster, now residing in Jersey, for her own use – her receipt alone to be a discharge for the same
I also give and bequeath to Benjamin Burt of Wimbledon, builder, and William Burt of Vine Street, Piccadilly, the sum of fifty pounds each
I also give and bequeath the sum of fifty pounds unto the Treasurer for the time being of the Western Dispensary, Charles Street, Westminster, the said sum of fifty pounds to be paid out of such part of my personal estate as shall not consist of chattels real, for the use of the said Dispensary
I give and bequeath unto each of my executors hereinafter named the sum of fifty pounds for their trouble in the execution of the trusts of this my will
I also give and bequeath the sum of nineteen guineas unto my servant Elizabeth Franklin, and the sum of ten pounds unto my servant Hannah Newman, provided they shall be in my service at the time of my decease
I give and bequeath my silver cup presented to me by the Trustees of Earls Terrace, Kensington, also Doyly and Mants Bible (three volumes) to my grand-nephew Joseph Cocksedge Potter
I give unto Doctor William Bell, one of my ex[ecut]ors, my large bookcase in my back drawing room, together with the whole of Rees Cyclopaedia
I give and bequeath the sum of two hundred pounds unto John Edmonds, Messenger to the Royal Humane Society
As to the residue of all my estate and effects of what nature or kind soever, I give and bequeath the same unto William Bell of John Street, Berkeley Square, in the county of Middlesex, Doctor of Medicine, William Pepper of Kingston upon Thames in the county of Surrey, architect, and William Baly of Norfolk Street, Lynn Regis in the county of Norfolk, grocer, my executors hereinafter named, their heirs, ex[ecut]ors and adm[inistrat]ors, according to the nature and quality thereof, respectively, upon the trusts following (that is to say)
Upon trust to sell and dispose of and convert into money all such part of my estate and effects in its nature saleable except monies in the funds, and collect in and receive all such monies as may be due and owing to me at the time of my decease and stand possessed thereof and of such ready money as I may be possessed of at the time of my decease, subject to the payment of my just debts, funeral and testamentary expenses and legacies upon the trusts following
Upon trust within six months after my decease to set apart the sum of one thousand five hundred pounds New Three and a half pounds per centum Bank Annuities standing in my name in the books of the Governor and Company of the Bank of England, and pay the dividends and interest thereof unto Stibbert Cocksedge of Lynn Regis, Norfolk, during his natural life – and from and immediately after his decease I direct my said trustees to divide the capital of the said sum of one thousand five hundred pounds Bank Annuities unto and amongst such of the nine children of my aforesaid niece Sarah Potter, vizt. Susan Potter, William Potter, Sarah Potter, George Potter, Mary Potter, Joseph Cocksedge Potter, Stibbert Potter, John Potter and Thomas Potter, as shall be living at the decease of the said Stibbert Cocksedge, on their respectively attaining the age of twenty one years – share and share alike – the dividends to be applied for their maintenance until they attain that age, and in case any of them should die before attaining that age leaving issue, such issue to stand in the place and take the share of the deceased parent
And also upon this further trust, within six months after my decease to set apart the sum of seven hundred pounds New Three and a half pounds per centum Bank Annuities standing in my name at the Bank of England and pay the dividends thereof unto my late housekeeper Sarah Francis of Silver Street, Gordon Square, during the term of her natural life – and from an immediately after her decease I direct that the said principal sum of seven hundred pounds shall be transferred to the aforesaid Joseph Cocksedge Potter on his attaining his age of twenty one years, and the dividends applied to and for his maintenance, in the meantime provided that if he should die before attaining that age the said principal sum of seven hundred pounds shall sink into and become part of my residuary estate
All the rest, residue and remainder of my estate and effects of what nature or kind soever not hereinbefore bequeathed or disposed of, and except such part thereof as it is my intention to bequeath by a codicil hereafter, I give and direct shall be equally divided between such of the aforesaid nine children of my niece, Sarah Potter, as shall be living at the time of my decease, on their respectively attaining the age of twenty one years – share and share alike – and the interest, dividends and produce thereof to be applied for their maintenance until they attain that age, and in case any of them should die before attaining twenty one years leaving issue, such issue to stand in the place and take the share of the deceased parent
And I do hereby nominate and appoint the aforesaid William Bell, William Pepper and William Baly executors of this my will
And I do hereby declare that the receipt or receipts of my said trustees or the survivors or survivor of them or the heirs, ex[ecut]ors or adm[inistrato]rs of such survivor or other the trustees or trustee of my said estate for the time being shall be a good and sufficient discharge or good and sufficient discharges to the purchaser or purchasers thereof or any part thereof for so much of the said purchase money as in such receipt or receipts shall be acknowledged or expressed to be received – and that the purchaser or purchasers thereof shall not afterwards be answerable or accountable for the misapplication or non-application thereof or of any part thereof – provided always and I do hereby declare my will to be in case the said William Bell, William Pepper and William Baly, or either of them, or any trustee or trustees to be appointed in the place and stead of them or either of them in pursuance of the power next hereinafter contained shall die or be desirous of being discharged from, or refuse or neglect to act in the execution of the trusts aforesaid before the same trusts shall be fully executed and performed or otherwise determined, that then and so often it shall and may be lawful to and for the survivors or survivor of them the said William Bell, William Pepper and William Baly to substitute, nominate and appoint any other proper person or persons to be a trustee or trustees for the purposes aforesaid in the place or stead of them or him so dying or [Note – long text follows, not transcribed, about the rights of the trustees]
And I do hereby revoke and make void all former wills by me at any time heretofore made, hereby declaring this only to be my last will and testament
In witness whereof I the said Joseph Cocksedge the testator have to this my last will and testament written on four sheets of paper set my hand and seal this twenty sixth day of January one thousand eight hundred and thirty eight
J Cocksedge
Signed, sealed and declared by Joseph Cocksedge, the above named testator, as and for his last will and testament, in the presence of us, present at the same time, who, in his presence and in the presence of each other have hereunto set our names as witnesses – the word “my” on the twelfth side from the bottom of the second sheet having been first written on an erasure
Geo Fred Abraham, G[rea]t Marlb[o]ro[ugh] St[reet], sol[icito]r
Thomas Warington, 16 Edwardes Square, Kensington
Appeared personally William Bell of John Street, Berkeley Square, in the county of Middlesex, Esquire, Doctor of Medicine, and made oath that he is one of the executors named in the last will and testament, now hereunto annexed, of Joseph Cocksedge, formerly of Ham Common in the county of Surrey, and late of Edwards Square, Kensington, in the county of Middlesex, gentleman and esquire, deceased, the said will bearing date the twenty sixth day of January one thousand eight hundred and thirty eight – and referring to the words “and except such part thereof as it is my intention to bequeath by a codicil hereafter” in the twenty seventh and twenty eighth lines of the second sheet of the said will, the same forming part of a clause purporting to dispose of the residue of the estate and effects of the said deceased, he further made oath that he hath made a very diligent search among the papers of moment and concern of him the said deceased, but hath been unable to discover any writing of a testamentary nature purporting to be or of the nature of a codicil to the said will, and that he doth therefore verily believe that the said decease[d] did not make or execute any codicil to his said will
Wm Bell
On the second day of January one thousand eight hundred and forty the said William Bell was duly sworn to the truth of this affidavit
Before me W C Curteis, surr[ogate]
Pr J R Burchett, N[otary] P[ublic]
Proved at London the 3rd Jan[uar]y 1840 before the Worshipful William Calverley Curteis, Doctor of Laws and Surrogate, by the oaths of William Bell, Esqr., Doctor of Medicine, and William Pepper, two of the ex[ecut]ors to whom adm[inistrati]on was granted, having been first sworn duly to adm[iniste]r – power reserved of making the like grant to William Baly the other ex[ecut]or when he shall apply for the same
(Prerogative Court of Canterbury, PROB11/1921, probate 3rd January 1840)
Our Family 2 