A transcription of his will:
This is the last Will and Testament of me George Cooke of Stoney Thorpe in the parish of Long Itchington in the county of Warwick Gentleman wherein I mean to make a full and complete disposition of all my Estate and Effects whatsoever both Real and personal and not to die intestate as to any part thereof I give devise direct limit and appoint all my Estate at Sawbridge in the parish of Wolfhampcote in the County of Warwick which I lately purchased of Mr Robert Masters and have since [de...mised?] to him for the term of twenty one years from Lady day last to William Alder of Newbold in the County of Northampton Gent Thomas Alder of Hodnill nigh Ladbrook in the said County of Warwick Gentleman and William Henry Butler of Kenilsworth in the said County of Warwick Gentleman to hold the same and pay part thereof with the appurts unto and to the use of the said William Alder Thomas Alder and William Henry Butler their heirs and assigns for ever nevertheless upon the trusts and to and for the several ends interests and purposes hereinafter expressed and declared of and concerning the same that is to say upon trust that they the said William Alder Thomas Alder and William Henry Butler and the survivors and survivor of them and the heirs and assigns of such Survivor do and shall pay unto or otherwise will and sufficiently authorize and empower my dear Wife Martha Cooke and her assigns to receive and take the Rents and profits thereof for and during the term of her natural life for her own sole and absolute use benefit and disposal provided she shall so long continue my Widow and sole and unmarried which provision I do hereby declare is in lieu bar and satisfaction of her dower and thirds at Common Law and from and immediately after her decease or second marriage which shall first happen upon trust that they the said William Alder Thomas Alder and William Henry Butler and the Survivors and Survivor of them and the heirs and assigns of such Survivor do and shall pay the Rents and profits of my said Estate subject to the annuity of fifty pounds hereinafter given to my said Wife in the event of her second marriage unto or otherwise well and sufficiently authorize and empower my Son George Cooke to receive and take the same for and during the term of his natural life and during so long time as he shall not make any grant bargain sale mortgage assignment or disposition of the said Rents and profits of my said Estate or any part thereof or attempt or (...) so to do or commit any act whereby he shall part with or intend to part with his interest in the said Rents and profits of my said Estate for his own absolute use benefit and disposal but in case my said Son shall at any time or times hereafter make any grant bargain sale mortgage assignment or charge of or upon the said Rents and profits of my said Estate or any part thereof or attempt or agree so to do or commit any act whereby to part with or intend to part with though this intention may not be legally effected his Interest in the said Rents and profits of my said Estate or any part thereof then and in any of the said cases my will and mind is and I do hereby direct my said trustees and the Survivors and Survivor of them and the heirs and assigns of such Survivor to pay assign and dispose of the said Rents subject as aforesaid during the life of my said Son not to my said Son or to for the benefit of the person or persons to whom or in whose favor or with whom he shall or may have made or attempted to make any such grant bargain sale mortgage assignment or charge as aforesaid but to and for such uses ends interests and purposes for the maintenance and support of my said Son either in payment and discharge of the expences to be incurred by him or his family for meat drinking Cloathing washing (...) and lodging or any of them or any other expenses to be incurred by my said Son or his family or as they my said trustees or trustee for the time being shall think proper it being my will and meaning that the said Rents and profits of my said Estate shall not be in anywise liable to or be affected by the debts charges or incumbrances forfeitures or engagements of my said Son and from and immediately after the decease of my said Son my will and mind is and I do hereby direct that my said trustees and the Survivors and Survivor of them and the heirs and assigns of such Survivor shall stand possessed of and interested in my said Estate subject as aforesaid In trust for such child and children on my said Son lawfully to be begotten as shall him to attain the age of twenty one years his her and their heirs and assigns for ever if more than one in equal shares and proportions share and share alike as trustees in common and not as joint tenants and if there shall be only one such child In trust for such only child his or her heirs and assigns for ever but in case my said Son shall shall depart this life without leaving any child or children of his body lawfully begotten or leaving such all such child and children shall die under the age of twenty one years then upon trust that they my said trustees and the survivors and Survivor of them and the heirs and assigns or such Survivor do and shall pay out equal half part of the Rents and profits of my said Estate subject as aforesaid into the proper hands of my daughter Martha Cooke for and during the term of her natural life for her own sole and absolute use benefit and disposal and so that the same may not be liable or subject to the control debts contracts forfeitures or engagements of any husband with whom she may hereafter imtermarry and the Receipts and discharges of my said daughter Martha and of the person or persons she shall from time to time direct or appoint to receive the same shall from time to time be good and effectual releases and discharged to the said William Adler Thomas Alder and William Henry Butler and the Survivors and Survivor of them and the heirs and assigns of such Survivor for so much money as is with Receipts shall be acknowledged or witnessed to be received and upon further trust that they my said trustees and the Survivors and Survivor of them and the heirs and assigns of such Survivor do and shall pay one other moiety or equal half part of the Rents and profits of my said Estate subject as aforesaid into the proper hands of my daughter Jane Cooke for and during the term of her natural life for her own sole and absolute use benefit and disposal and so that the same may not be subject or liable to the controul debts contracts forfeitures or engagements of any husband with whom she may hereafter intermarry and the receipts and discharges of my said daughter Jane and of such person or persons as she shall from time to time direct and appoint to reserve(?) the same shall also be from time to time good and effectual releases and discharges to the said William Adler Thomas Alder and William Henry Butler and the Survivors and Survivor of them and the heirs and assigns of such Survivor for so much money as in such Receipts shall be acknowledged or expressed to be received and upon further trust that they my said trustees and the Survivors and Survivor of them and the heirs and assigns of such Survivor do and shall stand possessed of and interested in one undivided moiety or actual(?) half part or my said Estate after the decease of my said daughter Martha subject as aforesaid upon trust for all and every the child and children of my said daughter Martha lawfully to be begotten his her and their heirs and assigns for ever if more than one in equal [...] and proportions share and share alike as tenants in common and not as joint tenants and if but one then in trust for such one only child his or her heirs and assigns for ever and upon further trust after the decease of my said daughter Jane in the manner to stand possessed of and interested in one other undivided moiety or equal half part of my said Estate subject as aforesaid for all and every the child and children of my said daughter Jane lawfully to be begotten his her and their heirs and assigns for ever if more than one in equal shares and proportions share and share alike as tenants in common and not as joint tenants and if there shall be only one such child of my said daughter Jane In trust for such only child his or her heir and assigns for ever provided always that in case either of the said daughters shall depart this life without issue lawfully begotten or leaving issue such issue being a Son or Sons shall die under the age of twenty one years or being a Daughter or Daughters shall die under that age and unmarried then my will and mind is and I do hereby direct that my said trustees and the Survivors and Survivor of them and the heirs and assigns of such Survivor shall stand possessed of and interested in the whole of my said Estate of Sawbridge aforesaid subject as aforesaid In trust to pay the entire Rents and profits thereof into the proper hands of the Survivor of my said daughters during the term of her natural life for her own sole and separate use in like manner as the moieties or the Rents and profits thereof are above directed to be paid to each of my said daughters respectively and from and immediately after the decease of the Survivor of my said daughters upon further trust that they my said trustees and the Survivors and Survivor of them and the heirs and assigns of such Survivor do and shall stand possessed of and interested in the whole of my said Estate of Sawbridge aforesaid subject as aforesaid upon trust for all and every the child and children of such surviving daughter lawfully to be begotten his her and their heirs and assigns for ever if more than one in equal shares and proportions share and share alike as Tenants in common and not as joint tenants and if there shall be only one such child then in trust for such one only child his or her heirs and assigns for ever provided also that in case my said daughters Martha and Jane shall both die without issue or leaving issue such issue respectively being a Son or Sons shall die under that age and unmarried then I direct that my said trustees and the Survivors and Survivor of them and the heirs and assigns of such Survivor shall stand possessed of and interested in the whole of my said Estate of Sawbridge aforesaid subject as aforesaid In trust for my own right heirs for ever provided that in case my said Wife shall marry again then from and immediately after her second marriage I give and bequeath to her one annuity or yearly sum of fifty pounds during the term of her natural life to be paid and payable quarterly on the four most usual days of payment in the year the first payment thereof to begin and be make on such of the same days so shall next happen after such my said wife’s second marriage and I hereby expressly charge my said Estate at Sawbridge aforesaid with the payment of the said annunity and I give to my said Wife all such powers and remedies for the recovery thereof as Landlords have for the recovery of Rent in arrear by virtue of any act or acts of parliament whatever I give devise direct limit and appoint all my Lands and heredits situate and being in the parish of Southam in the said County of Warwick called Brandon’s Grounds which I purchased of Thomas Latimer unto my said Son George for and during the term of his natural life and from and immediately after the determination of that Estate by forfeiture or otherwise in his lifetime I give and devise the same and every part thereof unto the said William Adler Thomas Alder and William Henry Butler and to their heirs upon trust only to preserve and support the contingent remainders and uses hereinafter limited from being defeated barred or destroyed and for that purpose from time to time and at all times to make entries and bring actions as occasion may require but nevertheless to permit and suffer my said Son George to receive and have the Rents issues and profits thereof for and during the term of his natural life and from and immediately after the decease of my said Son George I give and devise all and every my said Estate at Southam aforesaid unto and to the use and behoof of the first Son of the body of my said Son George lawfully to be begotten and the heirs Male of such first Son lawfully issuing and for default of such issue to the use and behoof of the second third fourth fifth sixth and all and every other Son and Sons of my said Son George and the heirs Male of the body and bodies of such first second third fourth fifth sixth and all and every other Son and Sons lawfully to be begotten severally and successively as they shall be in seniority of age and priority of birth that is to say the eldest of such Son and Sons and the heirs male of his and their body and bodies being always to be preferred before the younger of such Son and Sons and the heirs male of his and their body and bodies lawfully to be begotten and for default of such issue then I give and devise all and every my said Estate at Southam aforesaid to the first Daughter of my said Son George lawfully begotten or to be begotten and the heirs male of such first Daughter lawfully issuing and for default of such issue then to the use and behoof of the second third fouth and all and every other daughter and daughters of my said son George Cooke and to the heirs male of the body and bodies of such second third fourth and all and every other daughter and daughters lawfully begotten or to be begotten severally and successively as they shall be by seniority of age and priority of birth and for default of such issue then I give and devise all my said Estate in the parish of Southam aforesaid to my Daughter Elizabeth Spraggett for and during the term of her natural life and from and immediately after the determination of that Estate by forfeiture or otherwise I give and devise the same and every part thereof unto the said William Adler Thomas Alder and William Henry Butler and to their heirs upon trust only to preserve and support the contingent remainders and uses hereinafter Limited from being defeated barred or destroyed and for that purpose from time to time and at all times to make entries and bring actions as occasion may be or require nevertheless to permit and suffer my said daughter Elizabeth to receive and take the Rents issues and profits thereof for and during the term of her natural life and from and immediately after the decease of my said daughter Elizabeth I give and devise all and every my said Estate at Southam aforesaid unto and to the use and behoof of the first Son of the body of my said Daughter Elizabeth lawfully begotten or to be begotten and the heirs male of such first Son lawfully issuing and for default of such issue to the use and behoof of the second third fourth fifth and all and every other Son and Sons of my said Daughter Elizabeth and the heirs male of the body and bodies of such second third fourth fifth and all and every other Son and Sons lawfully begotten or to be begotten severally and successively as they shall be in seniority of age and priority of birth that is to say the eldest of such Son and Sons and the heirs Male of his and their body and bodies being always to be preferred before the younger of such Son and Sons and the heirs Male of his and their body and bodies lawfully to or be begotten and for default of such issue then I give and devise all and every my freehold Estate at Southam aforesaid to the first Daughter of my said daughter Elizabeth lawfully begotten or to be begotten and the heirs Male of the body of such first Daughter lawfully issuing and for default of such issue then to the use and behoof of the second third fourth and all and every other daughter and daughters of my said daughter Elizabeth and to the heirs Male of the body and bodies of such second third fourth and all and every other daughter or daughters lawfully begotten or to be begotten severally and successively as they shall be in seniority of age and priority of birth and for default of all such issue then I give and devise all my said Estates in the parish of Southam aforesaid to my own right heirs for ever provided always nevertheless and it is my will that neither of the children of my said son or daughters shall come into possession of the Rents and profits of my said several Estates before their his or her age or respective ages of twenty one years and it is my will and I do hereby direct that when and as often as any or either of such children of my said Son and Daughters who shall be entitled for the time being to the possession of my said Estates or either of them by virtue of the limitations hereinbefore contained shall happen to be under the age of twenty one years that my said trustees or the Survivors or Survivor of them or the heirs & assigns of such Survivor shall receive the Rents and profits of my said several Estates from time to time until such children shall attain such his her or their age or respective ages of twenty one years and pay and apply such Rents in and towards the maintenance support and education of such child and children respectively until they shall severally attain the age of twenty one years and in case of any surplus the same and the accumulating profits thereof shall be accounted for and paid to such child at their respective ages of twenty one years all my live and dead stock corn growing corn threshed and unthreshed hay and clover [...] implements of husbandry household Goods furniture Wine Liquors plate Linen china and all other things in and about or belonging to my present farms and dwellinghouse that I may occupy at the time of my decease except such part of my household furniture plate china and Linen as my said Wife may choose to select not exceeding in value the sum of sixty pounds which I hereby give and bequeath to her accordingly in together with all benefit arising from the occupation of such farms and dwellinghouse respectively for such remaining term or interest as I may have therein subject to the payment of all Rent Rates Taxes Servants wages and all other payments connected with the occupation of my said farms and dwellinghouse which shall be due and owing at the time of my decease I give and bequeath to my said Son George for his own absolute use benefit and disposal and I particularly request that my said trustees do not meddle or interfere with him in such farms or the occupation thereof I give and bequeath to my said daughter Martha and Jane the sum of five hundred pounds each to be paid to them by my Executors hereinafter named at their respective ages of twenty one years or day or respective days of marriage which shall first happen I give and bequeath to my Brother Thomas Cooke one annuity or [...] yearly sum of twenty five pounds to be paid to him by my Executors at Christmas in each and every year during the term of his natural life and I charge the same annuity or [...] yearly sum of twenty five pounds upon the Residue of my Estate hereinafter bequeathed and as to all the rest residue and remainder of my personal Estate whether consisting of ready money Bank Notes money of my Bankers money out at interest upon mortgage or any other Security Rents due at the time of my decease Book debts and all other my personal Estate of what nature or kind whatsoever which I shall be possessed of or interested in or entitled unto at the time of my decease I give and bequeath the same subject to the payment of the annuity to my said Brother Thomas and several legacies given and bequeathed by this my will and to the payment of my funeral expences and the costs and charges of proving this my will and of all my just debts except such as are hereinbefore directed to be paid by my said Son unto the said William Adler Thomas Alder and William Henry Butler their Exors admins and assigns upon the trusts and for the several ends intents and purposes following that is to say upon trust that they the said William Adler Thomas Alder and William Henry Butler and the Survivors and Survivor of them and the Exors Admors and assigns of such Survivor do and shall by a or of their or his own proper authority and discretion either continue such part of my said Residuary Estate as shall be out upon Security at Interest at the time of my decease upon the same Securities respectively or call in and compel payment thereof or such part thereof as they or he shall think proper and again lay out and invest the same and all other my personal Estate which may be convertable into money in their or his own names or name in or upon Government or Real Securities in England to be from time to time offered and varied(?) as occasion shall require and upon further trust that they the said William Adler Thomas Alder and William Henry Butler and the Survivors and Survivor of them and the Exors admors and assigns of such Survivor do and shall pay the Interest dividends and proceeds of one third part of my said Residuary Estate as the same shall from time to time become payable and be received into the hands of my daughter Elizabeth Spraggett for and during the term of her natural life for her own sole absolute use and benefit independent of her present or any future husband and so that the same shall not be subject or liable to his debts forfeiture contracts or engagements and the Receipts and discharges of my said daughter Elizabeth and of such person or persons as she shall appoint to receive the said Interest dividends and annual product of one third part of my said Residuary Estate or any part thereof shall from time to time be good and effectual releases and discharges to my said trustees or trustee for the time being his Exors admors and assigns for so much money as in such Receipts shall be acknowledged or expressed to have been received and from and immediately after the decease of my said daughter Elizabeth upon this further trust that they the said William Adler Thomas Alder and William Henry Butler or the Survivors or Survivor of them or the Exors admors or assigns of such Survivor do and shall pay transfer and assign one third part of my said Residuary Estate to and amongst all and every the child and children of the body of my said daughter Elizabeth lawfully begotten or to be lawfully begotten as shall be living at the time of her decease in manner hereinafter expressed that is to say if there shall be only one such child then the said third part of my said Residuary Estate to go and be paid and payable to such only Child being a Son at the age of twenty one years or being a daughter at her age of twenty one years or on the day after marriage with the Interest dividends and annual product thereof from the time of the decease of my said Daughter Elizabeth and if there shall be two or more such children of my said Daughter Elizabeth living at the time of her decease then upon trust that they the said William Adler Thomas Alder and William Henry Butler or the Survivors or Survivor of them or the Exors admors or assigns of such Survivor do and shall pay assign transfer and set over the said one third part of my said Residuary Estate unto and amongst all and every such Children equally to be divided between them share and share alike being a Son or Sons at his or their age or respective ages of twenty one years or day or days of marriage with the Interest dividends and product of such respective shares of the said one third part of my said Residuary Estate from the time of the decease of my said daughter Elizabeth such share and shares of such Child and Children of my said daughter Elizabeth to be and become vested and transferable Interest and Interests in such Child and Children respectively being a Son or Sons at his or their age or respective ages of twenty one years or being a daughter or daughters at her or their age or respective ages of twenty one years or day or respective days of marriage altho’ the payment of such share and shares respectively is postponed until after the decease of my said daughter Elizabeth and upon this further trust that they the said William Adler Thomas Alder and William Henry Butler or the Survivors or Survivor of them or the Exors admors or assigns of such Survivor do and shall after the decease of my said daughter Elizabeth pay the Interest dividends and product of her child or childrens share of the said third part of my said Residuary Estate whose share or shares shall not be then vested or payable as and when the same Interest dividend and product shall become due and payable for and towards such child or childrens maintenance and education until such his her or their share or shares thereof shall become due and be vested and payable under the trusts aforesaid provided [...] and I do hereby declare my will and meaning to be that if any such child or children of my said daughter Elizabeth shall depart this life before the share or shares of my said Residuary Estate hereby provided for him her or them shall become vested or payable then and in such case the share hereby provided for every such child so dying shall from time to time go [...] and belong unto the Survivor or Survivors or other or others of the said Children of my said daughter Elizabeth and shall be equally divided between and amongst them if more than one share and share alike and become vested and be paid and payable to him her or them at such age or day and in such manner as is or are hereinbefore directed provided and declared containing his her or their original share and shares respectively and also that all and every the part or share and parts or shares which by virtue of this proviso shall go accrue or belong unto any such surviving or other child in case any such child shall depart this life before such his or her accruing part or share or parts or shares shall become vested shall from time to time be subject and liable to such right chance and contingency of accruer or Survivorship unto and for the benefit of the survivors and Survivor and others or other of the said children of my said daughter Elizabeth as is hereinbefore by me declared of and concerning the original share and shares of such child or children of my said daughter Elizabeth so dying as aforesaid and upon further trust as to one other third part of my said Residuary Estate to pay the dividends Interest and Product thereof into the hands of my said Daughter Martha for and during the term of her natural life for her own sole and separate use and benefit independent of any husband with whom she may hereafter intermarry in like manner as I have directed the Interest of the first mentioned third part thereof to be paid to my said daughter Elizabeth and from and immediately after the decease of the said daughter Martha upon trust to pay assign and transfer such last mentioned third part or share of my said Residuary Estate to and amongst all and every the child and children of my said daughter Martha at such ages days and times respectively and under and subject to such and the same benefit of accruer and survivorship in favor of the children of my said daughter Martha and the same application of the Interest and proceeds thereof in and for the maintenance and education of such child and children respectively during their respective minorities as is and are hereinbefore particularly expressed and declared concerning the first mentioned third part of my said Residuary Estate so given and bequeathed to or for the benefit of my said daughter Elizabeth and her children as aforesaid and upon further trust as to the remaining third part of my said Residuary Estate to pay and apply both the principal and interest thereof for the benefit of my said Daughter Jane and her issue lawfully to be begotten in like manner in all respects whatsoever as is hereinbefore expressed and declared of and concerning the shares of my said Residuary Estate hereinbefore given to or for the benefit of my said Daughters Elizabeth and Martha and their issue respectively provided always nevertheless and my will and mind is that in case either of my said daughters shall die without issue or having issue such issue shall not live to acquire Interest in the portion of my said Residuary Estate hereby intended for them that then my said trustees or the Survivors or Survivor of them or the Exors admors or assigns of such Survivor shall stand possessed of and interested in the share or portion shares or portions of my said Daughter or Daughters so dying without issue or whose issue shall not acquire a vested Interest therein as aforesaid upon trust to pay the Interest of such last mentioned share or shares portion or portions respectively to my surviving Daughters or Daughter or her or their life or lives respectively for her and their own sole and separate use and benefit independent of her or their husband or husbands for the time being in like manner as is hereinbefore directed with respect to the Interest of her and their original portion or portions of my said Residuary Estate and from and immediately after the decease of the Survivor of my said Daughters upon trust to pay assign and transfer the principal of the portion or portions of my said daughters respectively so dying as last aforesaid unto and amongst all and every such child and children of my said daughter and daughters respectively as shall live to acquire a vested Interest in the original portion or portions of his her or their parent or parents respectively in equal shares and proportions if more than one share and share alike and if there shall be only one such child then the whole to such one child provided always that in case there shall be no child or children of my said daughters or other of them living at the time of the decease of the Survivor of them my said daughters or being such they shall all die without acquiring a vested Interest in the portions hereby intended for them respectively as aforesaid then my will is that my said trustees and the Survivors and Survivor of them and the Exors admors and assigns of such Survivor shall pay assign and transfer the whole of my said Residuary Estate to such person or persons as for the time being should and would have been my next of kin and loyal Representative and to for and upon no other use trust and intent or purpose whatsoever and in order that my will may be the better carried to execution I do direct my said trustees for the time being to employ my Solicitor Mr Robert Poole of Kenilworth so long as he shall conduct himself faithfully and honestly and they shall think it necessary to employ my Solicitor in soliciting managing and transacting all such business as shall be incident to the trusts hereby in them reposed and in receiving and paying over to them my said trustees the Interest money and product of my said Estate and Effects from time to time as the same shall become due and payable and further direct that my said trustees for the time being together with the said Robert Poole if he shall so long live shall meet together once in every year until the trusts of this my will shall finally be carried into execution and that they my said trustees do at such meetings examine and audit the said Robert Pooles accounts and the accounts of each other which accounts respectively shall be fairly written or transcribed into a Book or Books to be kept by the said Robert Poole for that purpose which book or books respectively shall be produced at such annual meetings and be signed by my said trustees for the time being upon their approval thereof and after they shall be so signed Copies thereof respectively shall be made and delivered by the said Robert Poole to each of my said trustees in a reasonable time after each successive annual meeting and I do further direct that at such Meetings my said trustees shall give directions to the said Robert Poole relative to the management of my Estates and the placing out of all surplus monies if any from time to time remaining in their hands and all other things necessary to be done in the execution of the trusts of this my will and I further direct my said trustees immediately after my decease to take possession of all my titles deeds and Securities for recovery of what nature soever and retain the same in their custody or possession until the trusts of this my will shall be finally performed and my will is that the said Robert Poole shall make a schedule or inventory of all my said title deeds and Securities for money and deliver a copy of such Inventory or Schedule to each of my said trustees and daughters for their use respectively and I do hereby empower my said trustees for the time being to pay to the said Robert Poole his reasonable costs and charges for managing and transacting the several matters aforesaid I [...] my said trustees for the time being to place all such monies as they have occasion to deposit with a banker for safe custody or otherwise in the Bank of Messrs Whitehead Weston & Greenway of Warwick until proper Securities for the same can or may be found provided always and my will and mind is and I do hereby direct that it shall and may be lawful to and for the several trustees constituted or to be constituted by virtue of this my will and to and for each and every of them then and each and every of their heirs Executors and admors respectively by and out of the said trust monies hereinbefore mentioned to deduct and reimburse to himself and themselves and to allow to his and their cotrustees from time to time respectively all such costs charges damages and expences as they and every or any of them shall be put unto pay suffer or sustain for or by reason of any of the trusts hereby in them reposed or in the management or execution thereof or of or by reason of any the matter or thing in anywise relating thereto and that none of the said trustees their heirs exors or admors shall be answerable or accountable for any more money than what they shall respectively actually receive by virtue of the trusts aforesaid nor shall any of them be charged or chargeable with or accountable for the Receipt or Receipts of the other of them but each for his own acts Receipts and defaults only nor shall they or any or either of them be answerable or accountable for the insufficiency or deficiency of any Security or Securities whereon the said monies or any part thereof shall or may be invested nor for any Banker agent or other person or persons who shall or may be employed or entrusted by them any or either or them in the management or disposition of all or any of the said monies nor shall they any or either of them be answerable or accountable for any involuntary loss of all or any of the said trust monies but shall be acquitted and saved harmless in respect of all such acts matters and things as shall be done by them respectively in pursuance hereof in the execution or management of the several trusts hereby in them reposed unless the same shall happen through their or his willful neglect or default provided also and I do hereby direct that in case any or either of them the said trustees or trustee or any future trustees or trustee shall happen to die or be desirous to be discharged from or neglect or refuse to act in the trust hereby created at any time or times before the same trusts shall be finally performed or otherwise determined then it shall and may be lawful to and for the Survivors or Survivor of them and the Exors admors or assigns of such Survivor by any writing or [...] under his or their hand and Seal or hands and Seals and to be attested by two or more credible witnesses from time to time to nominate and appoint concerning the first mentioned third part of my said Residuary Estate so given and bequeathed to or for the benefit of my said daughter Elizabeth and her Children as aforesaid and upon further trust as to the remaining third part of my said Residuary Estate to pay and apply both the principal and interest thereof for the benefit of my said daughter Jane and her issue lawfully to be begotten in like manner in all respects whatsoever as is hereinbefore expressed and declared of and containing the shares of my said Residuary Estate hereinbefore given to or for the benefit of my said daughters Elizabeth and Martha and their issue respectively provided always nevertheless and my Will and mind is that in case either of my said daughters shall die without issue or having issue such issue shall not live to acquire a vested interest in the portion of my said Residuary Estate hereby intended for them that then my said trustees or the Survivors or Survivor of them or the Exors admors or assigns of such Survivor shall stand possessed of and interested in the share or portion shares or portions of my said Daughter or Daughters so dying without issue or whose issue shall not acquire a vested Interest therein as aforesaid upon trust to pay the Interest of such last mentioned share or shares portion or portions respectively to my surviving Daughters or Daughter for her or their life or lives respectively for her and their own sole and separate use and benefit independent of her or their husband or husbands for the time being in like manner as is hereinbefore directed with respect to the Interest of her and their original portion or portions of my said Residuary Estate and from and immediately after the decease of the Survivor of my said Daughters upon trust to pay assign and transfer the principal of the portion or portions of my said daughters respectively so dying as last aforesaid unto and amongst all and every such child and children of my said daughter and daughters respectively as shall live to acquire a vested interest in the original portion or portions of his her or their parent or parents respectively in equal shares and proportions if more than one share and share alike and if there shall be only one such child then the whole to such one Child provided always that in case there shall be no child or children of my said daughters or either of them living at the time of the decease of the Survivor of them my said daughters or being such they shall all die without acquiring a vested Interest in the portions hereby intended for them respectively as aforesaid then my will is that my said trustees and the Survivors and Survivor of them and the Exors admors and assigns of such Survivor shall pay assign and transfer the whole of my said Residuary Estate to such pesron or persons as for the time being should and would have been my next of kin and legal Representative and to for and upon no other use trust and intent or purpose whatsoever and isn order than my will may be the better carried into execution do direct my said trustees for the time being to employ my Solicitor Mr Robert Poole of Kenilworth so long as he shall conduct himself faithfully and honestly and they shall think it necessary to employ a Solicitor in soliciting managing and transacting all such business as shall be incident to the trusts hereby in them reposed and in receiving and paying over to them my said trustees the Interest money and product of my said Estate and Effects from time to time as the same shall become due and payable and I further direct that my said trustees for the time being together with the said Robert Poole if he shall so long live shall meet together once in every year until the trusts of this my Will shall finally be carried into execution and that they my said trustees do at such meetings examine and audit the said Robert Pooles accounts and the accounts of each other which accounts respectively shall be fairly written or transcribed into a Book or Books to be kept by the said Robert Poole for that purpose which book or books respectively shall be produced at such annual meetings and be signed by my said trustees for time being upon their approval thereof and after they shall be so signed copies thereof respectively shall be made and delivered by the said Robert Poole to each of my said trustees in a reasonable time after each successive annual meeting and I do further direct that at such Meetings my said trustees shall give directions to the said Robert Poole relative to the management of my Estates and the placing out of all surplus monies if any from time to time remaining in their hands and all other things necessary to be done in the execution of the trusts of this my will and I further direct my said trustees immediately after my decease to take possession of all my titles deeds and Securities for money of what nature soever and retain the same in their custody or possession until the trusts of this my will shall be finally performed and my will is that the said Robert Poole shall make a schedule or inventory of all my said titles deeds and Securities for money and deliver a copy of such Inventory or Schedule to each of my said trustees and daughters for their use respectively and I do hereby empower my said trustees for the time being to pay to the said Robert Poole his reasonable costs and charges for managing and transacting the several matters aforesaid I [...] my said trustees for the time being to place all such monies as they may have occasion to deposit with a banker for safe custody or otherwise in the Bank of Messrs Whitehead Weston & Greenway of Warwick until proper Securities for the same can or may be found provided always and my will and mind is and I do hereby direct that it shall and may be lawful to and for the several trustees constituted or to be constituted by virtue of this my will and to and for each and every of them their and each and every of their heirs Executors and admors respectively by and out of the said trust monies hereinbefore mentioned to deduct and reimburse to himself and themselves and to allow to his and their cotrustees from time to time respectively all such costs charges damages and expences as they and every or any of them shall be put into pay suffer or sustain for or by reason of any of the trusts hereby in them reposed or in the management or execution thereof or of or by reason of any other matter or thing in anywise relating thereto and that none of the said trustees their heirs Exors or admors shall be answerable or accountable for any more money than what they shall respectively actually receive by virtue of the trusts aforesaid nor shall any of them be charged or chargeable with or accountable for the Receipt or Receipts of the other of them but each for his own acts Receipts and defaults only nor shall they or any or either of them be answerable or accountable for the insufficiency or deficiency of any Security or Securities wherever the said monies or any part thereof shall or may be invested nor for any Banker agent or other person or persons who shall or may be employed or interested by them any or either of them in the management or disposition of all or any of the said trust monies nor shall they any or either of them be answerable or accountable for any involuntary loss of all or any of the said trust monies but shall be admitted and saved harmless in respect of all such acts matters and things as shall be done by them respectively in pursuance thereof in the execution of management of the several trusts hereby in them reposed unless the same shall happen through their or her willful neglect or default provided also and I do hereby direct that in case any or either of them the said trustees or trustee or any future trustees or trustee shall happen to die or be serious to be discharged from or neglect or refuse to act in the trusts hereby [...] at any time or times before the same trusts shall be finally performed or otherwise determined then it shall and may be lawful to and for the Survivors or Survivor of them and the Exors admors or assigns of such Survivor by any writing or writings under his or their hand and seal or hands and seals and to be attested by two or more credible witnesses from time to time to nominate and appoint any other person or persons to be trustee or trustees in the stead or place of the trustee or trustees so dying or desiring to be discharged or refusing or declining or becoming incapable to act as aforesaid and that when and so often as any such new trustee or trustees shall be nominated and appointed as aforesaid all the trust Estates monies and premises which shall then be vested in the trustee or trustees dying or desiring to be discharged or refusing or declining or becoming incapable to act as aforesaid either solely or jointly with the other trustee or trustees shall be thereupon with all convenient speed conveyed assigned and transferred in such manner and so as that the same shall and may be legally and effectually vested in the surviving or continuing trustee or trustees or if there shall be no continuing or surviving trustee or trustees then in such [...] trustee or trustees his and their heirs Exors admors and assigns respectively upon the several uses trusts ends intents and purposes hereinbefore declared of and concerning the same trust Estates monies and promises respectively or such of them as shall and may be subsisting and capable of taking effect and that any such new trustee or trustees shall and may in all things act and assist in the management carrying on and execution of the trusts to which they shall be so appointed in conjunction with the other then surviving or continuing trustee or trustees and if there shall not be any such surviving or continuing trustee or trustees then by himself and themselves as fully and effectually and with all the same power and powers authority and authorities of consent and approbation discretion of calling in laying out and investing compounding compromising and giving and signing effectual indemnifications and discharges to mortgages or others and all other powers and authorities whatsoever as if he or they had been originally in and by this my will appointed trustee or trustees for the purposes for which such new trustee or trustees their or his heirs Exors or admors in or to whose plan such new trustee or trustees shall respectively come or succeed are and is enabled to do or could or might have done under and by virtue of this my will if then living or continuing to act in the trusts hereby reposed in them and my Will is that such substitution or nomination of a new trustee shall be made on the death or resignation of any of the said trustees or within three calendar months next after such event shall take place and lastly I do hereby nominate constitute and appoint the said William Alder Thomas Alder and William Henry Butler joint Executors of this my Will and I request their acceptance of twenty pounds a piece for the trouble hereby imposed on them In Witness whereof I the said George Cooke the Testator have to this my last Will and Testament contained in fourteen sheets of paper to the first thirteen sheets thereof set my hand and to this last sheet thereof my hand and Seal this fifth day of July in the year of our Lord one thousand eight hundred and eighteen H Geo Cooke * Signed Sealed published and declared by the said George Cooke the Testator as and for his last will and Testament in the presence of us whose names are hereinunder written whoall of us in his presences and in the presence of each other subscribed our names as Witnesses thereto H Geo Lowdell Creston Mash H Henry Makepease
Whereas I George Cooke of Stoney Thorpe in the parish of Long Itchington in the County of Warwick Gentleman have made and duly [...] my last Will and Testament in writing bearing date the fifth day of July in the year of our Lord one thousand eight hundred and eighteen and whereas since the date and execution thereof I have purchased of the trustees of the late Mrs Minniford a freehold messuage or tenement in Southam in the said county of Warwick now in the occupation of Mrs Laxton Surgeon and I am also become possessed of and intitled unto a freehold Estate at Witnash in the said County of Warwick under the Will of my father George Cooke lately deceased which is now in the occupation of Nicholas Wright subject nevertheless to and charged and chargeable with the payment of various legacies given and bequeathed by the said will of my said deceased father which said several legacies it is my intention to pay off and discharge out of my own personal Estate in order thereby to exonerate the said Estate of Witnash aforesaid from payment of the said several and respective legacies now I do hereby give and devise my said messuage or tenement in Southam aforesaid with the appurts to the same belonging unto my Daughter Jane Cooke her heirs and assigns for ever and as to my said Estate Lands and heredits at Witnash aforesaid I give and devise the same and every part and parcel thereof with the appurts unto William Alder Thomas Alder and William Henry Butler the trustees and Exors named and appointed in my said Will to hold the same and every part thereof with the appurts into and to the use of the said William Alder Thomas Alder and William Henry Butler their heirs and assigns for ever nevertheless upon the trusts and to and for the several ends intents and purposes hereinafter expressed and declared of and concerning the same that is to say upon trust to receive the Rents issues and profits thereof until my Daughter Jane shall attain the age of twenty one years and pay the same over to my three Daughters Elizabeth the wife of Richard Spraggett Martha and Jane from time to time as the same shall become due and be received in equal shares and proportions and upon further trust that they my said trustees and the Survivors or Survivor of them and the heirs or assigns of such Survivor do and shall at such convenient time after my said Daughter Jane shall attain her age of twenty one years as they or he shall think proper make sale and absolutely dispose of the said Estate Heredits and premises of Witnash aforesaid either together or in parcels by public auction or private contract to any person or persons who shall be willing to become and be the purchaser or purchasers thereof for the most money that can reasonably be had and gotten for the same and convey and assure the said Estate Heredits and premises when sold unto and to the use of the purchaser or purchasers thereof in fee simple or as he or they direct or appoint and my will and mind is and I do hereby direct that my said trustees and the Survivors and Survivor of them his Exors admors and assigns shall stand possessed of and interested in the money to arise by such Sale or Sales as aforesaid upon trust to lay out and invest the same in their or his own names or name in or upon Government or Real Security in England to be from time to time altered and varied as occasion shall require and do and shall pay the Interest dividends and proceeds thereof as the same shall from time to time become payable and be received into the proper hands of my said three Daughters in equal shares and proportions for and during the term of their respective natural lives for their own sole absolute use and benefit independent of any present or future husband or husbands with whom they or either of them now are or may hereafter intermarry so as that the same shall not be subject or liable to the debts forfeitures or engagements of their respective husbands and I direct that the Receipts of my said Daughters respectively and of such person or persons as they respectively shall appoint to receive the Interest dividends and proceeds of their respect shares of the monies to arise by such Sale or Sales as aforesaid shall from time to time be good and effectual releases and discharges to my said trustees or trustees for the time being their or his Exors admors and assigns for so much money as in such Receipt or Receipts shall be acknowledged or expressed to be received and upon the death of any or either of my said daughters without issue upon further trust to pay the Interest or the share of the product of my said Estate at Witnash aforesaid of her or them so dying to the Survivors or Survivor of them for and during the term of her and their natural life or lives exclusively for her or their separate use in the same manner as the Interest of her and their original share or shares are made payable but in case any or either of my said Daughters shall leave issue lawfully begotten then upon trust to pay assign and transfer the part or share of such deceased daughter or daughters as well original as accruing unto such her or their issue share and share alike if more than one when and so soon as they severally and respectively attain their several and respective ages of twenty one years and to pay and apply the Interest dividends and product thereof in the mean time for and towards their respective maintenance and education and I do hereby declare and direct that the Receipt and Receipts of my said trustees and the Survivor of them and his heirs shall be a good and effectual discharge and discharges to the purchaser or purchasers of my said Estate at Witnash aforesaid for so much money as in such Receipt or Receipts shall be expressed or be acknowledged to be received and that such purchaser or purchasers shall not afterwards be obliged to see to the application of such purchase money or any part thereof or be answerable or accountable for any loss misapplication or nonapplication thereof or of any part thereof and I do further direct that my said trustees and the Survivors or Survivor of them and the Exors admors or assigns of such Survivor shall have the power of substituting a new trustee or trustees for the purpose of carrying the trusts contained in this Codicil to my Will into execution in like manner in all respects as they are authorized and empowered to do by virtue of a proviso contained in my said will as to the trusts thereof and that the clause of indemnity therein contained shall also extend to the trusts of this my Codicil it being my intention that my said trustees shall in no case be answerable or responsible for any involuntary loss or damage which may happen or be sustained in respect of the trust monies and Estates comprised in my said Will and Codicil respectively or either of them and lastly I do hereby confirm my said will in every particular thereof in witness sothereof I have to this Codicil contained in three sheets of paper to the first two sheets thereof set my hand and to this third and last sheet my hand and Seal his thirty first day of May in the year of our Lord one thousand eight hundred and nineteen Geo Cooke * Signed Sealed published and declared by the said George Cooke as and for a Codicil to be annexed to his last Will & Testament and to be taken as part thereof in the presence of us whose names are hereunder written who all of us in his presence and in the presence of each other subscribe our names as Witnesses thereto Rob Poole Jno Rupell M Moore
Proved at London with a Codicil 11th Oct 1819 before the Judge by the oaths of William Alder Thomas Alder William Henry Butler the Exors to whom admon was granted having been sworn by comon: duly to adm:
Extracted from the Registry of the Prerogative Court of York
