Nat Gould

Summary of the Provisions of the Will of Thomas Gilbert 1797

Summary of the Provisions of the Will of Thomas Gilbert 1797

I confirm the Settlement already made upon my dear wife Mary Gilbert, and additionally give her
- a £100 Annuity
- such of my plate as she shall choose not exceeding £100
- my Chaise and its pair of Horses and harness and other appendages
- £100 to be paid within three months

The remainder of my plate, linen and furniture to go with my Real Estates at Cotton according to my Settlement
- and an Inventory to be taken, and the person entering into possession of my Real Estates to sign it and give security to the satisfaction of my Trustees and Executors to use the plate, linen and furniture carefully without injury and the stock of linen to be kept up, and with the plate and furniture to be delivered in good condition (reasonable allowance being made for necessary wear) to the person next succeeding to my Estates
- and that if anyone succeeding refuses or neglects to sign the Inventory and give the required security, my Trustees and Executors shall have discretion to sell the plate, linen and furniture and put the proceeds into my Personal Estate

I particularly recommend to my eldest son Thomas Gilbert (and anyone else succeeding to my Real Estates at Cotton) to permit my wife to enjoy during her life such accommodation about my house at Cotton with the use of such of the linen and furniture as she shall think proper and convenient for her and as shall be agreed upon between them
- and if they differ, the matter is to be settled by my Trustees and Executors to assure the conformity of my son Thomas as of my son Richard Gilbert if he shall come into possession of my estate at Cotton
- if either of them refuse to comply or incommode my wife in the quiet enjoyment of her apartments or in the use of the plate, linen and furniture then I revoke all benefit given to them

and give the use of all my plate, linen and furniture and the profits of my Real or Personal Estates given to them unto my wife during her natural life in lieu of the accommodation, and the use of such parts of the linen and furniture intended for her I give unto my two nieces Hannah and Ellen Gould (daughters of my late sister Elizabeth Gould) who live rent-free in a house belonging to me in Oakamoor Wood in Staffordshire leased from the Earl of Shrewsbury, the house with the garden and all its other appurtenances now in their possession

I give to my two nieces Hannah and Ellen and to my niece Elizabeth (another daughter of my late sister Elizabeth Gould) an annuity of £10 each

I give Deborah Dean spinster, now living with me, an annuity of £5

I give Elizabeth Cope (my wife's maid) an annuity of £20

I give Miss Mary Clealand (my wife's Companion) an annuity of £25 during the joint lives of herself and my wife, and if Mary Clealand survives my wife then I give her an annuity of £50

I give my two Clerks William Garrett and John Johnson £50 each

I give my servant Sarah Booth £40, my coachman Ralph Spilsbury £20, and my cook Mary Boraston £20, if in my service at my death

I give my nephew David Birds £1,000 and an annuity of £50 to compensate for his care and trouble in my concerns and the execution of my Will

I give all my shares and property in the Trent & Mersey Canal, the Shropshire Canal, and the Shrewsbury Canal, and in any other Navigation, and also in all 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, my burgage and other property in Lichfield, and all my other Real and Personal Estates not hereinbefore disposed of unto my nephew David Birds and my friend Thomas Morris the younger of Newport in Shropshire gentleman and their heirs upon Trust that they shall by Sale or Mortgage of all my Trust Estates (or a competent part thereof) raise enough money to pay my just debts, funeral expenses and bequests together with the costs of proving and executing the Trusts of this Will, and pay from the annual profits of my Trust Estates (or the money to arise therefrom) the annuities given without any preference, and upon further trust that they (within two years of my decease) raise £2,500 and pay all the creditors of my son Richard Gilbert if the creditors agree in writing to accept the dividend arising from my Trust Estates in full payment and give my son a General Release from all claims and demands

- but if they refuse or neglect to enter into such written agreement to accept the dividend arising from the £2,500 in full discharge of the debts and to sign the release, then the Trusts hereinbefore declared concerning that sum shall cease and I hereby revoke that sum, and give it to my Trustees to apply it in their discretion for the personal and benefit of my son Richard, his wife and children - in default of which, or if any part shall remain unpaid in the life time of my son and daughter [[-in-law ?] to my son Thomas Gilbert and his heirs

I desire an accurate account of all my Trust Property and the profits thereof, and the payments to be made in execution of the Trusts of this my Will, to be prepared at the end of every year by David Birds and laid before my wife and my other Trustees and Executors for inspection by the 20 January in the following year (that being the time when I think they may be most conveniently closed and adjusted for the year preceding), and although the Property is somewhat precarious in its produce and duration, it is my object if practicable and my Trustees approve, it be so arranged as to effect a gradual discharge of the debts, legacies and annuities and to raise the £2,500 without selling any part of my interest in the various concerns wherein I am engaged with the Marquis of Stafford and the representatives of my late brother or prejudice the most beneficial enjoyment thereof and the prosperous progress which it has previously made and is still likely to make

If either Trustee and Executor dies before the Trusts of my Will are fulfilled, I appoint my friend the Reverend Thomas Leigh (son of Edward Leigh late of Greenhill in Staffordshire, esquire) to be a Co-Trustee and Executor with the survivor of them instead of the deceased Trustee and Executor, as if he had originally been appointed such Trustee and Executor

I appoint David Birds and Thomas Morris Executors of this my Will, and desire the former to take the active part of the Trust and Executorship so that the other may be relieved as much as possible therefrom

Hereby revoking all former Wills by me made, I declare this my last Will

In Witness whereof I have to this is my Will, contained in seven sheets of paper written on one side of each sheet, to the six first sheets signed my name and to this last sheet signed my name and set my seal 16 March 1797

- Thos. Gilbert LS –

Signed sealed published and declared by Thomas Gilbert as 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 16 February 1799 before the Right Honorable Sir William Wynne, 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 Will, to whom administration of the Goods Chattels and Credits of the deceased was granted having been first sworn by Commission duly to Administer.