Last Will and Testament of Alexander Caldcleugh of Broad Green (National Archives reference: PROB 11/1492/136)

Summary

The will of Alexander Caldcleugh of Broad Green was made on 16 February 1806 and proved on 6 February 1809. The executors were his wife Elizabeth, his son-in-law Joseph Reid, William Borradaile of Fenchurch Street Buildings, London, and Thomas Reid of Broad Street, London.

According to the probate register copy, Alexander left:

• £1000 of the capital he had invested in his business to Joseph Reid; this money would remain in the business, but under Joseph’s name rather than his own.
• All his freehold land in Scotland to his son Alexander, subject to Alexander junior’s paying a £20 annuity to the testator’s sister Agnes Shaw.
• Everything else to his executors on trust to do the following:
  • Sell all his personal estate as soon as possible, and invest the proceeds.
  • Pay the income from these investments and from his remaining real estate to Elizabeth throughout her lifetime or until she remarried, for her maintenance and for the maintenance and education of their children.
  • If Elizabeth married again, to instead divide this income into six parts, pay one part to her and one to his daughter Mary Ann (who was married to Joseph), and use the remaining four parts for the maintenance and education of his four other children.
  • On Elizabeth’s death or remarriage, or at any time previous if they saw fit, to sell all his real estate, invest the proceeds, and transfer the investments to his children in equal shares, with Mary Ann receiving hers immediately, her sisters receiving theirs upon marriage or at the age of 21, and her brother Alexander receiving his at the age of 25 (with provision for redistribution among the survivors if any of them died before this happened).
  • To advance up to £1000 towards “placing [...] Alexander out in life” as and when they felt proper.
  • To advance up to £1000 to each daughter on her marriage, as long as her guardian(s) had consented to the marriage.
  • To grant leases of no more than 14 years on his freehold property.
• His household goods, including plate, linen, china, furniture, wine, books, and horse and carriage, to Elizabeth.
• £20 to his business partner Edward Boyd, as a token of his esteem.

He also made a proviso that the £1000 he had advanced to Joseph when marrying Mary Ann, and any sums advanced to any of his other children, should be “brought into hotchpot” before those persons received any part of his estate; that is, the sums advanced should be returned to the estate or otherwise included in the calculation of how things should be divided.

Below is my transcription of the probate register copy of the will. Bold formatting reflects a different (larger) writing style in the document, and I have added paragraph breaks to make it easier to read.

Transcription

This is the last Will and Testament of me Alexander Caldcleugh of Broad Green in the County of Surry Esquire Imprimis I direct all my just Debts and Funeral Expences [sic] to be paid as soon as conveniently may be after my decease

I give and bequeath unto my Son in Law and Partner Joseph Reid of Old Broad Street London Merchant the Sum of One thousand pounds part of my Capital employed in the Business in which I am concerned with Mr Edward Boyd and the said Joseph Reid and I direct the said sum to be transferred from my account with the said Partnership to the account of the said Joseph Reid immediately after my decease

I give and devise unto my dear Son Alexander Caldcleugh all my Freehold Estate of every discription [sic] in Leith or in any other part of Scotland to hold the same to him the said Alexander Caldcleugh his heirs and assigns for ever Subject Nevertheless to and charged and chargeable with the payment of an annuity of twenty pounds Sterling per Annum to my Sister Agnes Shaw and her assigns for and during the term of her Natural Life to be paid to her half yearly the first half yearly payment to begin and be made at the end of Six months next after my decease

And as to all my Messuages or Tenements Lands Hereditaments and Premisses [sic] situate in England and as to all the rest residue and remainder of my personal Estate and Effects whatsoever and wheresoever I give devise and bequeath the same unto my dear wife Elizabeth Caldcleugh my said Son in Law Joseph Reid and William Borradaile of Fenchurch Street Buildings London Esquire and Thomas Reid of Broad Street London Esquire their heirs Executors Administrators and assigns according to the nature and quality thereof upon the several trusts and to and for the several intents and purposes hereinafter expressed and declared concerning the same

that is to say upon trust as to my personal Estate to convert the same into money as soon as conveniently may be after my decease and to invest the same in the names of my said Trustees or the survivors or survivor of them in some or one of the public Stocks or Funds or upon Government or real Securities at Interest with power to alter and vary the same from time to time as my said trustees or trustee shall think proper

and upon trust to pay the dividends Interest and Annual Produce of my personal Estate and the Rents Issues and Profits of my real Estate unto my said dear wife Elizabeth Caldcleugh for and during the term of her natural life (provided she does not marry again) for the maintenance of herself and for the maintenance Education and bringing up of my children Margaret Fenham [sic but probably a typo for Trenham], Elizabeth, Alexander and Helen

and in case of the second Marriage of my said Dear wife then upon trust to pay her one sixth part of the Dividends Interest and annual produce of my personal Estate and also of the rents and profits of my real Estate during the term of her natural life and to pay and apply one other sixth part thereof unto my daughter Mary Ann the wife of the said Joseph Reid during the life of my said wife and to apply the remaining Four sixth parts of the said Dividends Interest and Rents for and towards the maintenance Education and bringing up of my said Four Children Margaret Fenham [sic], Elizabeth, Alexander and Helen

and from and immediately after the decease of my said wife (or upon her second Marriage or at any time previous thereto if my said trustees or trustee shall think [sic] I direct my said trustees or trustee for the time being to make sale and dispose of all and Singular my said Messuages or Tenements Lands Hereditaments and premises so devised to them as aforesaid either by public sale or private contract, and either together or in parcels for the best price or prices that can be had or gotten for them

and I direct that the receipt or receipts of my said trustees for the purchase money shall be a sufficient discharge to the purchaser or the purchasers thereof and he she or they shall not be bound to see to the application thereof or be answerable for the misapplication or nonapplication thereof

and I direct that the money to arrive by sale of my said Freehold Estates shall be invested by my said trustees in their or his Names or name in some or one of the public Stocks or Funds or upon Government or real Securities at Interest and that they shall stand possessed thereof and of all the residue of my personal Estate upon trust immediately after the decease of my said wife for all my said Children Mary Ann the wife of the said Joseph Reid Margaret Fenham [sic], Elizabeth Alexander and Helen in equal shares and proportions

the share of my Daughter Mary Ann Reid to be paid assigned or transferred to her immediately after the decease of my said wife and the shares of my other Four Children to be paid assigned or transferred to them as follows the shares of Daughters at the Age of twenty one or Marriage and the share of my son at the Age of twenty five years

and in case either of my four Children last named shall die without having acquired a vested interest in his or her share then I give the share of him or her so dying equally between the Survivors or Survivor of them and the said Mary Ann Reid in equal shares and proportions to be paid assigned or transferred at the same time as their original shares and such benefit of accruer or Survivorship I direct shall extend to the accruing or Surviving as well as to the Original Shares Notwithstanding the trusts hereinbefore declared

I do hereby authorize and empower my Trustee or Trustees for the time being to advance any Sum not exceeding One Thousand Pounds out of my personal Estate towards placing my Son Alexander out in life at a fit age and when they shall think proper

and in Case of the Marriage of either of my Daughters with the Consent of their Guardians or Guardian for the time being or the Major part of them to advance to the daughter so marrying such Sum of money as my said trustees shall think proper not exceeding one thousand pounds

I hereby authorize my Trustees or Trustee for the time being to grant Leases of my Freehold property for any term not exceeding Fourteen years at the best improved yearly Rent; if they shall think proper to grant such Leases

I give and bequeath unto my Dear Wife Elizabeth all my household Goods Plate Linen China and household Furniture of every description and also my Stock of Wine and Legacies [sic: “Liquors” probably intended] and all my Books together with my Chariott [sic] and horses and their harnesses to and for her own use and benefit

and I do hereby nominate Constitute and appoint my said dear wife Elizabeth my said Son in Law Joseph Reid and the said William Borradale [sic] and Thomas Reid Executors of this my will and Guardians of the persons and Fortunes of my children

Whereas I advanced my Son in Law Joseph Reid the Sum of One thousand pounds upon his Marriage with my Daughter Mary Ann Now I do hereby direct that previous to my said Daughter Mary Ann taking any share of my property hereinbefore given to her upon the death of my wife the said Sum of One Thousand Pounds shall be brought into Hotchpot and I direct that any sum which may be advanced to either of my other Daughters or to my Son under the power aforesaid may also be brought into hotchpot previous to their receiving any part of my Estate

I give to my partner Mr Edward Boyd twenty pounds as a token of my esteem

In Witness whereof I have set my hand to the first six sheets my Hand and Seal to this seventh and last sheet this sixteenth day of February One thousand Eight hundred and Six [hash symbol] Alex: Caldcleugh [SS]

Signed Sealed published and delivered by the said Alexander Caldcleugh the Testator as and for his Last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses [symbol] Alex:r Gordon Oxford Court Surgeon [symbol] Thomas Dawes Angel Court Throgmorton Street [symbol] George Flitch Servant to Mr Reid

This Will was proved at London the Sixth day of February in the year of Our Lord One thousand Eight hundred and Nine before the Worshipful Samuel Pearce Parson Doctor of Laws and Surrogate of the Right Honorable Sir William Wynne Knight Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oaths of Elizabeth Caldcleugh Widow the relict Joseph Reid Esq:r William Borradaile Esquire and Thomas Reid Esquire the Executors named in the said Will to whom administration was granted of all and Singular the Goods Chattels and Credits of the said Deceased having been first Sworn duly to administer