| Notes |
- He bought the St Nicholas Plantation in 1811 with his brother LawrenceTrent Cumberbatch (Brandow J.C. Genealogies of Barbados Families page528)
Will dated 13 July 1821 of EDWARD CARLETON CUMBERBATCH of St. Peter,Barbados, now resident at Clifton in co. Gloucester, Esq.
To my daughter Sarah Cave, wife of Charles Cave Esq. £4000 to be paidto her five years after my decease. To Stephen Cave of Cliftonaforesaid and the said Charles Cave £1000 upon trust for my for mygrandson Stephen Cave, son of the said Charles and Sarah Cave, at 21,and in the meantime for his education. To my brother John TrentCumberbatch in Barbados £500 cy. To my sister Ann Sandiford, widow, ofBarbados £100 per an.
Subject to a bond of £4000 due to my said daughter on her marriagewith Charles Cave, I give to my brothers L.T.C. and J.T.C. all that myone-half part of Saint Nicholas estate in St. Peter and also anotherplantation and estate called Ebworth and all other estates in St.Peter or elsewhere with the stock etc. to the use of the said L.T.C.and J.T.C. upon trust as to £400 per an. to my son Edward CarletonCumberbatch for five years after my death and then for my sonabsolutely, and if he die within the period leaving no issue, upontrust for my daughter Sarah Cave. And if my said son should marry anydaughter of Andrew Ash of Bath, musician, at any time during the saidfive years, the trusts to be void and I allow him £300 per an. forlife. sd. Edwd. C. Cumberbatch. Witnesses: R.Hampden of Barbados,Esq., Thomas Bartof of Bristol, mariner, and Jer. Osborne, solicitorof Bristol. Proved 18 February 1822 by Oath of Hon. R. Hampden(Brandow James C. Genealogies of Barbados Families).
WILL: Original Will 1822 Cumberbatch E.C. RB4 Vol 62 Page 208.Reference found in Index to Wills RB6/44 Vol (ii) 1801 - 1945.
Edward C. Cumberbatch's Will received 18th February 1822 Recorded E.B.Witnesses to each page: R. Hamden of Barbados, Thomas Barton ofBristol, Jer. Osborne of Bristol.
I Edward Cumberbatch of the Parish of Saint Peter in the Island ofBarbados now resident at Clifton in the County of Gloucester in thatpart of the United Kingdom called England, Esquire do make this mylast Will and Testament as follows (that is to say) first I directthat all my just debts, funeral and testamentary expenses be paid assoon as conveniently may be after my decease and I give and bequeathto my daughter Sarah Cave the wife of Charles Cave Esquire the sum offour hundred pounds of sterling English money the same to be payableto her at the expiration of five years from the day of my decease orat such earlier period as it may be convenient for my Executors hereinafter named to raise and pay the same and as they in their discretionshall think fit with interest for the same in the mean time and afterthe rate of five pounds per centum per annum to commence and becomputed from the end of twelve calendar months after my decease. AndI give and bequeath unto Stephen Cave of Clifton of the aforesaidEsquire and the said Charles Cave the sum of one thousand pounds oflike Sterling money upon trust for my Grandson Stephen Cave the son ofsaid Charles Cave and Sarah his wife to be paid to him my saidGrandson on his attaining the age of 21 years. And in the mean timethe said principal sum when received by the said trustees Stephen Caveand Charles Cave must be by them invested at interest in Governmentfunds or in good real or postal security at their discretion. And theinterest thereof to be paid and applied by them the said trustees inor towards the maintenance, education and bringing up of my saidGrandson or otherwise accumulated with the principal for his benefitin such manner as they shall think fit and proper. And it is my willthat the said one thousand pounds shall be paid to the said trusteesthat as the expriation of five years from my decease or at suchearlier period as it may be convenient for my Executors to raise andpay the same with interest or the same in the mean time at and afterthe rate of five pounds per centum per annum to commence and becomputed from the end of twelve calendar months from my decease. And Igive and Bequeath unto my brother John Trent Cumberbatch of the saidIsland of Barbados Esquire five hundred pounds currency of the saidIsland. Also I give and bequeath unto my sister Ann Sandiford of thesaid Island Widow one annuity or yearly sum of one hundred poundscurrency the said Island clear of all deductions whatsoever for andduring the term of her natural life to be payable and paid to her orher Assigns half yearly on the twenty fifth day of March and thetwenty ninth day of September in each and every year. The first ofsuch half yearly payments to commence and be made on such of the saidday as they shall first and next happen after my decease. Also I giveand bequeath to my true and faithful servant Thomas Gibbs one annuityor yearly sum of twenty pounds currency of the said Island for andduring the term of his natural life to be payable and paid to him orhis Assigns half yearly on the said twenty fifth day of March and thetwenty ninth day of September in each and every year. The first ofsuch half yearly payments to commence and be made on such of the saiddays as shall first and next happen after my decease subject to acharge and chargeable with said legacies and annuities and also withthe sum of four thousand pounds secured by my bond on the marriage ofmy daughter with the said Charles Cave. I give, devise and bequeathunto my brothers Lawrence Trent Cumberbatch of the said Island ofBarbados and the said John Trent Cumberbatch all that my undividedmoity or half part of and in certain Plantations and Estate situate inthe said Parish of Saint Peter in the said Island of Barbados and theyare commonly called or known by the name of Saint Nicholas Estate andalso of and in another Plantation and Estate situated in the sameParish commonly called or known by the name of Ebworth and also allother my Plantation and Estates and parts and shares of Plantationsand Estates, Messuages, Land, Tenements, Hereditaments, Premises andReal Estate whatsoever whether in possession, reversion, remainder orexpectancy situate in the said Parish of Saint Peter or elsewhere inthe said Island of Barbados and all negroes, men, women and childrenand the increase and progeny of the same and also the houses and othercattle, coppers, boilers, cisterns and plantation tools and all otherimplements, goods and chattels whatsoever and stores of or belongingto the said Estates and premises respectfully or of which I may beseized or possessed and likewise all monies and securities for money,goods or chattels and effects and all other my personal Estates andEffects whatsoever and wheresoever and of what nature or kind soeverthe same may be or consist of at the time of my decease to hold thesame unto and to the use of the said Lawrence Trent Cumberbatch & JohnTrent Cumberbatch their heirs, Executors, administrators and assignsaccording to the nature of the several tenures which I hold or shallor maybe intilled. And to to the same at the time of my decease uponthe several trusts nevertheless and the several ends, intents andpurposes hereinafter mentioned expressed and declared of andconcerning the same (that is to say) as to the fore and concerning thesaid Plantations, Estates and Premises the appurtenances and all othermy said Real Estate upon trust that they the said Lawrence TrentCumberbatch & John Trent Cumberbatch and their heirs do and shall takeupon themselves and himself the management and direction of the saidPlantations and the Real Estate with the appurtenances and do andshall from time to time conduct, carry-on and improve and by alllawful means protect and defend the same as they in their discretionshall judge fit and do and shall ship and consign the crop and produceof the said Plantations or Real Estate from time to time as they shallthink fit or expedient. And for the purposes aforesaid it shall belawful for my said trustees to purchase any negroes, or other slaves,and cattle, houses, mules, steers, plantation tools, implements,utensils live and dead stock for the use of the said Plantations orEstates necessary to keep up the working stock of the same and to buyin the said Island of Barbados such provisions or other stores for theuse of the said Plantations and Estates and the new and other slaves,cattle, houses, mules, steers and other livestock from time to timebelonging to the said Plantations and Premises as shall be deemednecessary for that purpose and to appoint any Overseer or Overseers,Keepers and European Mechanics or any Agent or Agents, Attorney orAttorneys to act under the said trustees for the time being in theirplace and to allow them such salary or salaries, commission orcommissions or other compensation for his or their or their servicesrespectfully as they the said Lawrence Trent Cumberbatch and JohnTrent Cumberbatch or the survivor of them or their heirs, Executors oradministrators of such survivors shall in his or their discretionthink fit and proper. And as to for and concerning my said personalEstate and aspects upon trust that they my said trustees do and shallmake, sell and dispose of and convert into money all such part andparts thereof and shall not consist of money and securities for moneyand call in and collect all debts and monies on security as the samebecome due and do and shall place the same out at interest in suchGovernment Real or Personal securities as they my said trustees shallthink fit and from time to time alter, vary and change the securitiesat their discretion. And as to the whole of my said Plantations andEstates and Real and Personal Estates and purposes herein beforegiven, devised and bequeathed as aforesaid upon trust that they mysaid trustees do and shall and out of the rent, issues and annualproduce dividends and interests of my said Real and Personal Estatethey allow my son Edward Carlton Cumberbatch and his Assigns for thespace of five years next after my decease one annuity or yearly sum offour hundred pounds sterling English money clear of all deductionswhatsoever to be paid and payable to him or them half yearly on thetwenty fifth day of March and the twenty ninth day of September ineach and every year. The first payment thereof to be made on such ofthe said days as shall first and next happen after my decease andsubject thereto do and shall during the said period of five years anduntil the end or expiration thereof and accumulate the residue of thesaid lands, issues, annual produce and income of my said Real andPersonal Estates and hold the same as part of my general PersonalEstate and effects to be paid and applied as hereafter directed andfrom immediately thereupon and after the expiration of the said term aperiod of five years then as to all my said Real and Personal Estatesand effects and the accumulation thereof as aforesaid upon trust formy said son Edward Carlton Cumberbatch if he shall be then living hisheirs, Executors and Administrators and Assigns according to thetenures hereof and to be conveyed, assigned and transferred to him andthem accordingly and incase my said son shall happen to depart thislife before the end or expiration of the said term of five yearsleaving one or more child or children by any wife he may hereaftermarry (accepted as hereinafter mentioned) then in trust and for thebenefit of his eldest or only son his heirs, executors, administratorsand assigns forever. And in case there shall be no such son then intrust and for the benefit for all and every the daughters of my saidson then living if more than one equally to divided between andamongst them as tenants in common and not as joint tenants and totheir respective heirs, executors, administrators and assigns forever.And if but one such daughter then in trust for the benefit of suchonly daughter her heirs, executors, administrators and assigns but incase there shall be no such child or children of my said son then fromand immediately after such is deceased before the expiration of thesaid term of five years as aforesaid in trust and for the benefit ofmy said daughter Sarah Cave, her heirs, executors, administrators andassigns forever. Provided always and it is my will and meaning and Ido hereby express, declare and direct that in any case my said sonshall inter-marry with any daughter of Andrew Ash of the City of Bathmusician and at any time during the said state or term of five yearsthen in such case the said several trusts herein before declared ofand concerning my said Plantations and Real and Personal Estates andpremises so given to the said Lawrence Trent Cumberbatch and JohnTrent Cumberbatch as aforesaid shall cease determine and becomeabsolutely void. And then and from thence forth the said LawrenceTrent Cumberbatch and John Trent Cumberbatch and their heirs,executors, administrators and assigns shall stand be seized andpossessed of the said Plantations and Real and Personal Estate andeffects. In trust out of events, issues, annual produce, dividends andinterest thereof to pay and allow to my said son and his assigns forand during the term of his natural life one annuity or clear yearlysum of three hundred pounds sterling money as aforesaid. The same tobe paid half yearly on the said twenty fifth day of March and thetwenty ninth day of September in each and every year during such hisnatural life. The first payment thereof to begin and be made on thefirst such days as shall happen next after such marriage and subjectto the said annuity. In trust and for the benefit of my said daughterSarah Cave or her heirs, executors, administrators and assigns foreverprovided always and I do hereby declare it to be my will and meaningthat in any case either of my said trusstees herein named or any othertrustee or trustees to be appointed under this present provision ortheir respective heirs, executors or administrators shall depart thislife or decline or become incapable to act in the trust hereby createdthen and in such case as often as it shall so happen it shall and maybe lawful for the surviving or continuing trustee or trustees for thetime being of this my will by any writing under his hand to appoint atrustee in the room of the trustee so dying or declining or becomingincapable to act and upon the appointment of every such new trusteethe said trust estate monies, effects and premises shall be vested insuch new trustee jointly with the surviving or continuing trusteesolely on as occasion shall require. And every such new trustee shallhave the same powers and authorities as the trustee in whose room heshall be so appointed. And I hereby declare that the trustees herebyappointed or to be appointed as herein before is mentioned shall notbe charged or chargeable with or for any more monies than theyrespectively shall actually receive under or by virtue of the trusthereby created and in them and him reposed nor shall they or neitherof them be answerable or accountable for any bank, banker, broker,agent, attorney or officer or other person or persons with whom or inwhose hands the trust money or any part thereof shall or may bedeposited or lodged for safe custody or otherwise in the execution orperformance of the said trusts nor any of them. Nor for theresponsibility of any person or persons into whom any of the produceor the proceeds of the said trust estates and premises or may be soldin the execution or performance of the said trusts or any of them northe payments of any promissary note or notes or bill or bills orexchange or other written security or securities which shall or may behad or received by them or in respect or in payment for the saidproduce or proceeds or any part thereof or otherwise in theperformance an execution of the said trusts or any of them. Nor forany other loss, damage or deficiency that shall or may arise or happento or in the said trust, estates and premises in the execution orperformance of all or any of the said trusts unless the same shallhappen by or through the wilful defanet (sic) of them the saidtrustees respectfully or their respective heirs, executors,administrators or assigns and that it shall and may be lawful to andfor them respectively buy with and out of all or any of the moniesthat shall come to their respective hands under or by virtue of thesame trusts to reimburse, retain, satisfy and pay unto for themselvesrespectively and to pay and to allow to their respective co-trusteeand co-trustees all costs, charges, losses, damages and expenseswhatsoever which they respectively shall or may pay, bear, suffer,sustain, incur, be at or to be put into for or by reason or means ofthe said trusts or in relation thereto.
And lastly I hereby nominate, constitute and appoint the said LawrenceTrent Cumberbatch & John Trent Cumberbatch executors of this my Willand hereby revoking all former and other wills by me at any timeheretofore made. I do declare this only to be my last Will andTestament in witness whereof I have to this my last Will and Testamentcontained in six sheets of paper to the five first sheets thereof setmy hand and to the sixth and last my hand and the seal on thethirtieth day of July in the year of Our Lord one thousand eighthundred and twenty one. Signed, sealed, published and declared by thesaid Testator Edward Carlton Cumberbatch as and for his last Will andTestament in the presence of us who at his request in his presence andin the presence of each other have subscribed our names as witnesseshereto. R. Hamden of Barbados Esquire, Thomas Barton of Bristol, Jer.Osborne of Bristol. Edward C. Cumberbatch [Seal]
BARBADOS. By his Excellency The Governor. The honourable Ren. Hamdenone of the subscribing witnesses to the foregoing Will this daypresently appeared before me and made Oath on the Holy Evangelists ofAlmighty God that he was present and did see Edward CarltonCumberbatch the Testator therein named, since deceased, sign, seal,publish and declare the same as and for his last Will and Testamentand that he was at the executing thereof of sound and disposing mindand memory to the best of his the Deponent's judgement and belief.Given at The Government House eighteenth day of February 1822. HenryWarde.
|
1765 - 1821 (~ 55 years)