Abraham Cumberbatch

Notes:

wife is a first cousin, Mary Walter is their grandmother

MARRIAGE ACT of 1695

The Government passed an Act of 1694, for taxing burials, births, marriages, bachelors of 25 years of age and upwards and childless widowers, to raise additional money to finance the war against France. (source: 6 & 7 William and Mary , c.6, "An Act for granting to his Majesty rates and duties upon Marriages, Births and Burials and upon Batchelors (sic) and Widowers for the terme of Five yeares, for carrying on the Warr against France with Vigour"). This Act became commonly known as the Marriage Act. This Act came into force on 1st May 1695 for a period of five years and was extended until 1st August 1706.

The records for Bristol are complete and a transcription of the 1696 assessment exists. In St. Stephen Parish in an area called "Head of the Key" were a family: Joseph Comerbatch & Ann wf. [wife] with ch. [children] Joseph, Ann & Abraham. They were assesed for 4 shillings for Burials, 2shillings for Births and 2 shillings and 6 pence for Marriages.

These are the Bristolian Cumberbatchs who went to Barbados, Joshua Cumberbatch, Ann his wife and his children Joshua, Ann and Abraham.

Went from Bristol to Barbados in 1705 (Lloyds of Harley Street SoG FH/LLO Volume 2 Page 8 and (Lloyds of Harley Street SoG FH/LLO Volume 3 Page 83).

ARMS: Gules, an eagle displayed between three trefoils, two in chief and one in base, Or.
CREST: An eagle's head couped.
MOTTO of Abraham Cumberbatch - Ne Tentes Aut Perfice [Attempt Not, or Accomplish - Pine L.G. A Dictionary of Mottoes Routledge & Kegan Paul: London 1983 pp 146 AND Urdang L. & Dame Robbins C. Mottoes 1st Edition Gale Research Company USA: 1986 pp 44]. Authority for the Arms were his book-plate. I have also found these listed in West Indian Bookplates SOG/WI 37 pp 21 by Vere Langford: as above but also with : 179. "ABRAHAM CUMBERBATCH" (F., 7545.) Arm. spade shield...There were three generations of these names. The first died 1753, the second 1785, and the third 1786 (ANTE, II., 84). (source: Caribbeana Volume III pp21)

THE MERCHANT

The merchant is a person who buys and sells almost every thing; and as merchandize includes all goods and wares exposed to sale in fairs or markets, so the name merchant formerly extended to every kind of traders. In France and Holland all buyers and sellers, whether in the wholesale or retail way, are called merchants. But in this country the term is appropriated to those who carry on commerce by importation and exportation, or by way of barter or exchange. To carry on the business of a merchant with a high degree of credit a man should possess a large stock of general knowledge, and a considerable capital; the one will prevent him from falling into errors, and the other will enable him to give credit to his customers both at home and abroad.
The merchant should be perfectly acquainted with all the departments of writing, arithmetic, and the keeping of books, He should be expert in the forms of invoices, account of sales, policies of insurances, in the nature of charters, bills of lading, and bills of exchange. He should understand the agreement and difference which subsist between the monies, weights, and measures of different countries, or of different counties in his own country. He ought to have a general and accurate knowledge of all the different manufactures in which he deals, at least of the places where they are best made, and of the materials of which they are composed. He should know the best season for bringing his own goods to market, and be well acquainted with the nature of exchange, according to the course of different places, and with the causes of its rise and fall. He should know what merchandizes are permitted or prohibited, as well on entering as in going out of the kingdoms or states where they are manufactured. He should know the customs due on the importation or exportation of goods, according to the usage and regulations of the places to which he trades. He should understand the best methods of packing merchandizes, either to preserve them in warehouses or to adapt them for short or long voyages. He should know the price and condition of freighting and insuring ships and goods; and if the vessels, or any part of them, are his own property, he should be acquainted with their value; the expense of first building and subsequent repairs; the wages given to the several officers and sailors who work them, and the best method of engaging them in his service. He ought to be able to write letters with ease and elegance, and to understand as many foreign languages as he can. The following are, however, the most important for him to know: the Spanish, which is used not only in Spain, but on the coast of Africa, from the Canaries to the Cape of Good Hope; the Italian, which is understood on all the coasts of the Mediterranean, and in many parts of the Levant; the German, which is understood in almost all the northern countries; and the French, which is current in most parts of Europe. Finally, the merchant should be well acquainted with the laws, customs, and regulations of the countries to which he does or may trade.
Such are the branches of knowledge necessary to a person carrying on an extensive commerce, as a merchant to foreign parts; of course, any young man intended for that business should lay the foundation by a good education, and should be very diligent during the years which he spends as clerk, to prepare himself either for business of his own, or as a partner in a house already established.
The trade carried on by merchants in this country may be divided into inland and foreign. The inland trade consists in transporting the commodities of one part of the kingdom to another. The chief articles imported into London from other parts of the island are, corn, coals, hops, woollens, cottons, and linen; corn and hops are sold by persons called factors. Woollen goods are sent up by the clothiers, and sold by the factors of Blackwell hall. Linen cloth, from Ireland and Scotland, and printed Cottons, &c. from Manchester, are consigned to the factors for those commodities.
The factors are a species of merchants who deal by commission, and sell the goods of other people consigned to them for a certain premium. Thus, a farmer in the country has a thousand quarters of wheat to sell at the London market; he cannot come conveniently to town, therefore he sends his wheat to a corn-factor, who sells it to the best advantage, receives the money, and remits it to the farmer, after having deducted his commission-money for trouble and expence.
There are also factors who deal in foreign commodities in the same manner. These are distinguished either by the countries they deal with, or by the goods usually assigned to them. Merchants export the goods of his kingdom to the proper markets, and import the commodities of other countries in exchange. They are distinguished from one another either by the goods they traffic in, or by the countries with which they have their chief correspondence. Thus a merchant who deals chiefly in tobacco is called a tobacco-merchant; a dealer in wines is a wine- merchant.
West-India merchants export all manner of materials for wearing apparel, household furniture, cutlery, and haberdashery wares, watches, jewels, and toys, likewise some goods previously obtained from the East Indies, French wines, porter, linen cloths, &c; and our ships generally touch at Ireland and take in provisions. The returns from the West-India islands are, rum, coffee, sugar, cotton, indigo, mahogany, logwood, and other woods for dyeing.
From the states of North America our merchants import tobacco, rice, indigo, timber, hemp, flax, iron, pitch, tar, turpentine, sending in return the same articles as to the West-India islands.
From the East Indies and China they import tea, rice, drugs, colours, thrown, organzine or manufactured, and raw silk, salt-petre, cotton, shawls, muslins, calicoes, and some silken pieces, but the chief export to those countries is silver bullion, tin, lead, woollens, &c. and the ships touch at Madeira and the Cape of Good Hope, for wines on their way out.
Merchants have in their dealings much business with the Custom-house, which may be readily explained. Rum, sugar, and almost all articles imported from abroad, pay certain duties to government before they can be taken away: these duties are to be accounted for at the Custom house. Many articles manufactured here, as glass, leather, &c. pay very heavy taxes: now to encourage trade, these taxes, or part of them, are returned when the same articles are exported into foreign countries. These returns are called drawbacks. Merchants, therefore, or their clerks, must go to the Custom- house, and take oath as to the quantity and quality of goods exported, in order to obtain the customary draw-backs. Merchants are frequently ships owners.
Ships are also entered inwards and outwards, when they bring or proceed with cargoes, they also pay tonnage duty in this country on their arrival, the master is required to bring an account of his cargo to the custom house, which is called a manifest or report. Bankers, though not properly merchants, are so connected with commerce as to claim notice here. A banker is a trustee to other people, and his house the repositary for their money. The business and gains of a banker may be thus described and explained:- A merchant, or gentleman, possessed of a large sum of money, not chusing to keep it in his own hands, places it for security in the custody of a banker, from whom he draws it at such times, and in such sums, as may suit his convenience. The banker, who is, or ought to be, a man of large property, knows that the several persons who have lodged money in his hands cannot have occasion for it at once; he therefore lends out upon good security, such sums as he thinks he can spare from his current demands; and from these loans, upon which he receives 5 per cent, arise his profits.
The banker deals also in exchange, that is, in remitting money from one place to another. If, for instance, I owe a man in Holland a thousand guilders, which I have promised to pay at certain period, I must apply to a banker, to whom I pay the guilders, or their equivalent in pounds sterling, and he gives me a draft for the same sum upon his correspondent in Holland, which I remit to my creditor.
Insurers, or Underwriters, are a species of merchants who insure goods from one port to another for a certain premium. If I have a ship bound with goods for the East Indies, there is a risk of its being lost at sea, or, in time of war, of being taken by an enemy; I therefore go to an under-writer and pay him 5 per cent. more or less, upon condition that he pay me as many hundred pounds as I have insured in case the vessel should be lost, or captured by the enemy. (source: The Book of Trade or Library of Useful Arts 1811 Volume II, Beryl Hurley)

Abraham Cumberbatch was a subscriber to the William Mayo Map of Barbados published in 1722 and based on surveys taken between 1717 &1721 (Genealogists' Magazine, March 1974 Vol. 17 No. 9 pp.494-496; article by C.J. Stanford citing the work of G.. Stewart Taitt). His subscription was £3 and his plantation is located in St. Andrew adjacent to the Cleland Plantation which he later bought in 1928.

WILL (source: Ernest M. Wiltshire): Will dated 22 November 1750. Abraham Cumberbatch of St. Andrew, Barbados.
Mr. Edward Clarke Parish of Great Britain, Col. Wm. Gibbons, Col. Edmund Jenkins, Wm. Sturge Esq, my grandson Abraham Carleton, and Wm: Ross to be executors and trustees.
My plantation to be kept stocked with 250 negro slaves, 100 head of cattle.
To my kinswoman Ann Sandiford £500, Mary Sandiford £200. To my sister Ann Cumberbatch £25. To my kinswomen Mary Mors wife of John Mors of Bristol £200, and Ann Cumberbatch sister of Mary Mors £100. To each of my kinsan, Dr. George Mission's children which he has by the daughter of Joseph Leacock £150 at 21. To my Godson Abel Collier £100 at 21. To my friend Edward Jones who lives with me £100. To my kinsman Dr. John Mission an annuity of £12. To my kinsman Mr. Alexander Cumberbatch £10 stlg. per an. To my granddaughter Sarah Sober £3000 cy. at 18. To my grandson Abraham Sober £300 cy. at 21. To my grandaughter Mary Sober £3000 at 18. To My grandson Cumberbatch Sober £3000 at 21 in satisfaction of an agreement made between me and their father John Sober dated 1 February 1742. To my grandson John Sober who is unprovided for by said articles £1000 at 23. £50 to each of my trustees. Residue to my grandson Abraham Carleton for life and then to his heirs in tail male, failing him to my grandson John Sober and his heirs in tail male, failing him to my grandson Abraham Sober and failing him to my grandson Cumberbatch Sober. sd A. Cumberbatch.
Wit: Isaac Skinner, George Alleyne, Tho: Sullivan, Jno. Moseley.
Proved 8 January 1751.

Abr. Cumberbatch of St. Andrew's Esq. Will dated 22 Nov 1750; proved 1753 (8, Searle). (Ante II.,84.) Names his grandchildren Sober (Brandow J.C. Genealogies of Barbados Families page 510)

Transcribed Will: Abraham Cumberbatch - Barbados

Abraham Cumberbatch Esquire

Barbados
In The Name Of God Amen
I Abraham Cumberbatch of the Parish of St. Andrews in the island of Barbados being of sound mind and perfect memory do this twenty second day of November in the Year of Our Lord one thousand seven hundred and fifty make and publish this my last Will and Testament in manner following. I give and devise all my Estate Real and personal to my good ffriends (sic) Mr. Edward Clarke Parish of Great Briton Colonel William Gibbons Colonel Edmund Jenkins William Sturge Esquire my grandson Abraham Carlton and William Kofs their heirs and executors. In trust and to enable and Authorise them to order pay and dispose of the same for the uses Intents and purposes and to such persons as are herein after named under such Restrictions and Limitations as are hereafter particularly expressed and appointed.

And to the end my Real Estate or Plantation may be kept stock'd and Improved to the best advantage my desire and Directions are that my Trustees do hire an able manager of good reputation and well skill'd (sic) in the businefs (sic) of making Sugar and Rum and kept at least the following quantity of stock that is to say two hundred and fifty Negro Slaves and one hundred head of Cattle and from time to time supply the Decrease and Deficiency by Mortality or accidents as occasion may require and I do desire and impower (sic) my said Trustees to purchase any Lands Built or without Buildings Neighbouring or adjoining to my Estate and to stock the same with Negroes and Cattle from time to time as occasion may require which new purchase shall be in Trust for the uses of this my last Will and subject to the same Management restrictions and limitations as my other Estate devised to them and 'tis my Will that such purchase may be made and maintain'd out of the profits of my Real Estate or out of the principal or interest of my personal at the discretion of my Trustees.

And I do Authorize my said Trustees to sell ship off or dispose of any Rum aways (sic) or Disorderly Negroes and also to ship the produce of my Estate either to England or other Markets or to dispose of the same in this Island as they shall think fitt (sic) and as to the Moneys which shall arise from the Annual produce of my Real Estate or which may come to their Hands by Receipt of Principal Sums or Interest due to me or may hereafter become due to them and Received as Trustees after payment of my debts ffuneral (sic) Charges and Legacies hereby given and and (sic) the purchase made as Directed or until (sic) the same are paid or can be made my Will and desire is that such Moneys be put out at Interest either in the publick (sic) ffunds (sic) in England or on Judgment (sic) or Mortgage in this Island at such reasonable Interest as my said Trustees can procure tho' (sic) the same shou'd (sic) be lefs (sic) than the Currant (sic) Interest of this Island and 'tis (sic) my Will that my said Trustees shall not be personally answerable by reason of their purchasing any bad or defeezable Title in any of the particulars before mentioned or by the Insolvency of any person or by Defect of them to stay forbear or Compound with and Debtor to my Estate or to them as Trustees and to sell any Estate or effects which may come to their Islands in satisfaction for any Debt for such price as they can procure tho' (sic) the same should be lefs (sic) than the value they received it at. And to prevent the Trouble my said Trustees may be apprehensive of from long Accounts in my Affairs 'tis my Will and desire they bring a Bill in the Honourable Court of Chancery for this Island established for leave to Account Annually before a Master of the said Court, concerning their Transactions in this trust and therein exhibit a true Inventory of my Estate as they shall receive it at my death the Chargo (sic Cargo) of which proceedings as also all other exposures in all matters relating to this Trust and their Transactions therein is to be defrayed and born by my Estate.

I give and bequeath unto my Kinswoman Ann Sandiford the sum of five hundred pounds Currant (sic) Money that is to say two hundred and fifty pounds thereof that day twelve months after my decease, and the remaining sum of two hundred and fifty pounds that day twelve months after the first payment. Also the sum of twenty five pounds to buy her Mourning.

I give and bequeath unto my Kinswoman Mary Sandiford the sum of two hundred pounds Current Money that is to say one hundred pounds thereof that day twelve months after my decease and the remaining sum of one hundred pounds that day twelve months after the first payment also the sum of twenty five pounds Current Money to buy her Mourning.

I also give unto my sister Ann Cumberbatch the sum of twenty five pounds Current Money to buy her Mourning. I give and bequeath unto my Kinswoman Mary Mors the Wife of John Mors of Bristol in the Kingdom of Great Britain the sum of two hundred pounds Sterling Money of Great Britain that is to say one hundred pounds thereof that day twelve months after my decease and the remaining sum of one hundred pounds that day twelve months after the first payment.

I also give and bequeath unto my Kinswoman Ann Cumberbatch sister to the said Mary Mors the sum of one hundred pounds Sterling Money of Great Britain that is to say fifty pounds thereof that day twelve months after my decease and the remaining sum of fifty pounds that day twelve months after the first payment I also give and bequeath unto each of my Kinsman Doctor George Missons Children which he had by the Daughter of Mr Joseph Seacock (Leacock?) the sum of one hundred and fifty pounds Current Money to be paid when they respectively attain the Age of twenty one years and if either of them should die before he or she attain the Age aforesaid his or her Legacy so dying is to be equally divided amongst the survivors at the time aforesaid. And I do give each of them one Annuity of six pounds Current Money per Annum for their better support and maintenance untill (sic) their Legacys become due and no longer.

I give and bequeath unto my Godson Abel Coller the sum of one hundred pounds Currant (sic) Money to be paid him when he shall attain the Age of twenty one years and I do also give him one Annuity of six pounds Currant Money per Annum to be paid towards his better support and maintenance untill (sic) his Legacy become due and no longer.
I give and bequeath unto my good ffriend (sic) Mr. Edward Jones who now lives with me the sum of one hundred pounds Currant (sic) Money to be paid him that day twelve months after my decease.

I also give unto my Kinswoman Doctor John Misson one Annuity of twelve pounds Currant Money per Annum during his natural life and to commence from my decease.

I also give to my Kinsman Mr Alexander Cumberbatch one Annuity of ten pounds Sterling Money of Great Britain per Annum during his natural life and to commence from my decease.
I give and bequeath my [inserted] to my Grand Daughter Sarah Sober the sum of three thousand pounds Currant Money to be paid her when she shall attain the Age of eighteen years.

I give and bequeath unto my Grand Son Abraham Sober the sum of three thousand pounds Currant Money to be paid him when he shall attain the Age of twenty one years old.

I give and bequeath unto my Grand Daughter Mary Sober the sum of three thousand pounds Currant (sic) Money to be paid her when she shall attain the Age of eighteen years.

I give and bequeath unto my Grandson Cumberbatch Sober the sum of three thousand pounds Currant (sic) Money to be paid him when he shall attain the Age of twenty one which said Legacies are in full satisfaction of the Moneys by me agreed to be paid and settled in Arcticles of Agreement between myself and their ffather (sic) John Sober bearing date ffeb 1 1742 and of all other Demands by them or the said Sober or any other person on their behalf against my said Estate should one or more of my said Grand Children die before he or she attain the Ages aforesaid the said Legacies of such Grand Child so dying shall go to and be equally divided between the survivor or survivors.

I give and bequeath unto my Grand Son John Sober who is now unprovided for in the said Articles the sum of one thousand pounds Currant (sic) Money to be paid him when he shall attain the Age of twenty three years but to be paid and allowed Legal Interest from the Age of twenty one years.

I give unto each of my aforesaid Trustees the sum of fifty pounds Currant (sic) Money as an acknowledgement for their trouble.

All the rest and residue of my Estate with the Improvements Additions and Interest I give and appoint and order to be and remain to and for the use of my Grandson Abraham Carlton to be received by him under the Trustees aforesaid during the term of his natural life only and from and after his decease the same to be and remain to the use of the first son of the said Abraham Carleton and the Heirs of the body of such first son lawfully begotten and for default of such Ifsue (sic) then to remain to the use and behoof? of the second third fourth fifth and all and every other Son and Sons of my said Grand Son Abraham Carleton lawfully begotten provided that my said Grandson Abraham Carleton take upon him the Sirname (sic) of Cumberbatch it being my Intentions that my Estate should continue thro' all the Limitations thereof in the name of Cumberbatch.

And I so further appoint that in default of Male Ifsue (sic) of the Body of my said Grandson Abraham Carleton lawfully begotten and then to be and remain to my Grandson John Sober during his natural life and after his death to his first second third fourth fifth and all and every other son and sons of my said Grandson John Sober lawfully begotten.

And I so further appoint that in default of Male Ifsue (sic) of the Body of my said Grandson John Sober lawfully begotten and then to be and remain to my Grandson Abraham Sober during his natural life and after his death to his first second third fourth fifth and all and every other son and sons of my said Grandson Abraham Sober lawfully begotten.

And I so further appoint that in default of Male Ifsue (sic) of the Body of my said Grandson Abraham Sober lawfully begotten and then to be and remain to my Grandson Cumberbatch Sober during his natural life and after his death to his first second third fourth fifth and all and every other son and sons of my said Grandson Cumberbatch Sober lawfully begotten.

And I so further appoint that in default of Male Ifsue (sic) of the persons lawfully begotten then to be and remain to my own right Heirs for ever subject and chargeable with the payment of the sum of one thousand pounds Currant (sic) Money to be paid each of the ffemales (sic) lawfully begotten of the Bodys of the said Abraham Carleton Abraham Sober and Cumberbatch Sober (so dying without Male Ifsue as aforesaid) which is to be paid at the Age of twenty one years.

And lastly I do so appoint the said Mr Edward Clarke Parish of the Kingdom of Great Britain Colonel William Gibbons Colonel Emund Jenkins William Sturge Esquire my Grandson Abraham Carleton and William Kofs to be my Executors of this my Will and Testament contained in three sheets of paper.

In Witnefs (sic) whereof I have hereto set my hand and seal to each sheet. A. Cumberbatch sign'd seal'd publish'd and Declared by the said Abraham Cumberbatch as and for his last Will and Testament in the presence of us who were present at the signing and seating thereof Isaac Skinner George Alleyne Thomas Sulevn John Moseley.

MEMO `Tis my desire and order that both my Kinswomen Ann Sandiford and Mary Sandiford be allowed and paid interest at eight per Cent per Annum for their respective Legacys from the time of my death till paid. Witnefs (sic) my Hand this 22nd of November 1750. A Cumberbatch. Isaac Skinner George Alleyne Thomas Suleven John Moseley.

THIS WILL with a codicil was proved at London before the Worshipfull Andrew Coltee Ducarol Doctor of Laws surrogate to the Right Honourable Sir George Lee Knight also Doctor of Laws Master Keeper or Commifsary (sic) of the prerogative Court of Canterbury lawfully constituted on the twenty sixth day of January in the Year of Our Lord one thousand seven hundred and fifty three [1753] by the Oath of Edward Clarke Parish Esquire one of the Executors named in the said Will to whom Administration was granted of all and singular the goods Chattels and Credits of the deceased being first sworn duly to administer power resources of making the like grant to William Gibbons Edmund Jenkins William Sturge Abraham Carlton and William Kofs Esquires the other Executors named in the said Will when they or either of them shall apply for the same.

Source: Index to PCC Wills 1750 - 1800: 1753 CUMBERBATCH Abraham Esq. Foreign Parts Jan 8: PROB11/799

Will 1753 Abr. Cumberbatch 8 Searle (Caribbeana Volume II pp. 200)

Abraham married Mary Ann Misson. Mary (daughter of George Misson) was born Abt 1688; died , Saint Thomas, Barbados, West Indies; was buried 10 Oct 1757, Saint Thomas Parish Church, Saint Thomas, Barbados, West Indies. [Group Sheet]

Notes:

given name also spelled Anne

marriage entry is Mrs. Ann Cumberbatch - was she previously married to a Mr. Cumberbatch; there were two spinsters both with Mrs. married in 1730?

Died in childbirth

Buried 12 Sep 1727?

Her age on 12 October 1715 was either 8yrs, 4yrs or 1 month. The 1715 census also lists Abraham and his wife as having 3 daughters (Barbados and America David L. Kent 1980).

The Will of GOLD, Mary, being very sick and weak. St. Philips Parish, 20 Aug 1718, RB6/4, p.566. My cousins Elizabeth Pollard, John Pollard, and Ann Cumberbatch jr, if Ann Cumberbatch dies before 21 her share to her sisters Mary Cumberbatch and Sarah Cumberbatch;...
(Mcree Sanders J. Barbados Records: Wills and Administrations Vol III 1701 - 1725). As Ann is mentioned first 1718 I have assumed she is eldest.

There is a burial entry for 22nd November 1725 - Died of consumption (Brandow J.C. Genealogies of Barbados Families page 536). However, she married Edward on 5 June 1726!

Consumption is now known as Tuberculosis - the effect of the disease was that of wasting away. Other 'wasting' diseases such as dissentry were also called consumption. Consumption killed Mozart, Chopin and other figures in the arts and sciences at early ages.

Ann married Colonel Edward Carleton 5 Jun 1726, Saint Thomas, Barbados, West Indies. Edward (son of John Carleton and Apple) was born Abt 1704; was buried 25 Jul 1765, Saint James, Barbados, West Indies. [Group Sheet]

Notes:

Her age on 12 October 1715 was either 8yrs, 4yrs or 1 month. The 1715 census also lists Abraham and his wife as having 3 daughters (Barbados and America David L. Kent 1980).

Mary married John Sober 24 Aug 1731. John (son of John Sober and Rebecca Trent) was born 1715, The Castle, Saint Peter, Barbados, West Indies; died Mar 1763, Saint Michael, Barbados, West Indies; was buried , Saint Faith’s under Saint Paul’s Cathedral, London, London, England. [Group Sheet]

Notes:

Born Abraham Carlton; "assumed the name of Cumberbatch"

"He was a Member of the Council of Barbadoes for thirty years."

Died at College Green

Inherited the Cleland and The Farm plantations from his grandfather Abraham Cumberbatch's will, in which he insisted that Abraham Carleton adopted and use the name Cumberbatch (Brandow J.C. Genealogies of Barbados Families page 527).

Carleton's Name. A Petition of Abraham Cumberbatch, heretofore called Abraham Carleton, was presented to the House [of Parliament], and read; setting forth, That Abraham Cumberbatch, late of the Parish of Saint Andrew, in the Island of Barbadoes, in America, Esquire, deceased, by his last Will and Testament, bearing Date the 22nd Day of November 1750, after several Legacies therein given, gave all the rest of his Eftate, with the Improvements, Additions, and Interest, to and for the Use of the Petitioner, by the Name and Description of his Grandson Abraham Carleton, to be received by him under the Trustees appointed by his said Will, during the Term of his natural Life, with Remainders to the Petitioner's First and and other Sons successively, in Tail Male, with Remainders over, upon Condition, that the petitioner should take upon him the Surname of Cumberbatch; declaring by his said Will, that it was his Intention that his Estate should continue through all the Limitations thereof, in the Name of Cumberbatch; and that the Petitioner, upon the Death of the said Abraham Cumberbatch, which happened on or about the 25th Day of December 1750, became possessed of the Premises given him by the said Will; and hath taken upon himself, and used, the Surname of Cumberbatch; and is desirous that the said Surname may be established on him, and his Issue Male, by Authority of Parliament : And therefore praying the House to give leave to bring in a Bill, for enabling the Petitioner, and his Issue Male, to take and use the Surname of Cumberbatch.
Ordered, That Leave be given to bring in a Bill, pursuant to the Prayer of the said Petition: And that Mr. Alderman Bethell, and Mr. Nathanael Newnham, do prepare, and bring in, the same. (The Journal of the House of Commons 1753 Volume 26 Page 537-538 26o Geo II Parl 4 Sess 6 A.1753), also quoted in Collections for a Genealogical Account of the Family of Comberbach by G.W. Marshall LL.B London:1866

Index of The Journal of the House of Commons 1753 Volume 26 - 26th Geo. II Parl. 4 Seff 6. A. 1753 :
Carlton, Abraham, Petition for a Bill to take the Name of Cumberbatch, presented: and Bill ordered, 26 Jan. Read, 1 Feb. Committed, 5. Reported, and to be ingrossed, 14. Passed, 21. Agreed to by the Lords, 28. Royal Assent , 8 Mar (Journals of the House of Commons from January the 17th 1750 in the twenty-fourth Year of the Reign of King George the Second to April the 6th 1754 in the twenty-seventh Year of the Reign of King George the Second - Reprinted by Order of the House of Commons 1803).

ARMS: Gules, an eagle displayed between three trefoils, two in chief and one in base, Or.
CREST: An eagle's head couped.
MOTTO of Abraham Cumberbatch - Ne tentes aut perfice [Attempt Not, or Accomplish - Pine L.G. A Dictionary of Mottoes Routledge & Kegan Paul: London 1983 pp 146 AND Urdang L. & Dame Robbins C. Mottoes 1st Edition Gale Research Company USA: 1986 pp 44]. Authority for the Arms were his book-plate. I have also found these listed in West Indian Bookplates SOG/WI 37 pp 21 by Vere Langford: as above but also with : 179. "ABRAHAM CUMBERBATCH" (F., 7545.) Arm. spade shield...There were three generations of these names. The first died 1753, the second 1785, and the third 1786 (ANTE, II., 84).

Will dated 26 April 1785 of Abraham Cumberbatch of Saint Andrew, Barbados, intending shortly for England. To my wife Eliza £3000 cy. in full of our marriage articles, and the further sum of £1000 cy. All my plate and that of my grandfather Abraham Cumberbatch to my wife and six negroes and one-half my furniture. The other half of my furniture to my son Abraham. All my lands in the Parish of St. Peter to be purchased by my son Abraham and my stonewall house in Speightstown and the money to go to pay the legacy to my wife. The residue to be divided between my sons Lawrence Trent Cumberbatch, Edward Carleton Cumberbatch, and John Trent Cumberbatch.
WHEREAS my grandfather Abraham Cumberbatch directed that 250 slaves be kept on his plantation: I direct that all others to be sold and the money divided between my three sons. On the marriage of my said daughter Ann Sandiford with Mr. William Sandiford. I promised £3000: I direct any balance due to be paid to her. To my two grandchildren Alexander and Abraham Cumberbatch Sandiford, children of my said daughter Ann.
I appoint my wife Elizabeth and son Abraham Executrix and executor. sd. A. Cumberbatch. Witnesses: Wm. Craigg, Wm. Bovell, Wm. Cadogan. Proved 15 December 1785 by Oath of Wm. Bovell before Governor D. Parry (Brandow James C. Genealogies of Barbados Families pp.539).

Abraham Carlton Cumberbatch 1727-1785
He was born in Barbados, the son of Edward Carlton and Ann Cumberbatch. Under the terms of the will of his maternal grandfather, he would inherit all his grandfather's estate if he changed his name to Cumberbatch, thereby retaining that name here in Barbados, which would otherwise have died out on his grandfather's death. In those days you could only change your surname by an Act of the Westminster Parliament and this was duly done. Thereafter, all the male descendants, even to this day, added Carlton as their last Christian name.

He married Elizabeth Trent, daughter of Lawrence Trent of Barbados, and they had four sons and one daughter. One of their sons, Edward Cumberbatch, was the father of Sarah, who married, in 1818, Charles Cave, fourth son of Stephen Cave and Anne Daniel. Sarah Cave nee Cumberbatch would later inherit St Nicholas Abbey in Barbados from her brothers.

Abraham Cumberbatch, as he now became, was a member of the Barbados Legislative Assembly for thirty years, and indeed, at the time of his death in 1785, he was the senior member of that Assembly. Towards the end of his life, he had failing health and went to England to try and recover, but sadly he died in Bristol.

He is buried in Bristol Cathedral where there is a fine memorial to him. (source: A Family History Leaflet from St. Nicholas Abbey written by Lt. Col. Stephen Cave).

Monumental Inscription : Bristol Cathedral: Choir vestry leading out of the east cloister, high up on the north wall:

To the Memory of ABRAHAM CUMBERBATCH Esqr : A Native and Inhabitant of the Island of Barbados, Senior Member of his Majesty's Council of that Island, to which honorable board he had belonged near Thirty Years. He bore a long and painful Illness with uncommon Patience and Fortitude, and came to England in hopes of receiving Benefit from a change of Climate and died in this City July 25, 1785.

1785, July 30. Abraham Cumberbatch Esqr was buried by the Precentor (Cathedral Burial Register).
1785, Sat. July 30. Monday, died at lodgings in College Green, - Cumberland (sic), Esq ; a West India Merchant.
The ARMS noted by Rev. J. Woodward in 1867, were : 1, Cumberbatch (Gules, an eagle displayed between three trefoils, two in chief and one in base, Or. ) Quarterly, 1 and 4, Sable, two swords in saltire proper, hilted Or, between three coronets of the last, one in chief, two in flanks ; 2 and 3, Vert, a fess dancettee Ermine. This tablet was in 1867 in the north aisle near his son's.

North transept, floor marbles over vault:; ABRAHAM CUMBERBATCH Esqr 1785 The Honble Abraham Cumberbatch Esqr Eldest son of the above, died June 16th 1796. (source: Caribbeana Volume II Page 84)

Monument in Bristol Cathedral - Choir Vestry leading out of the east cloister, high up on the north wall :-
To the Memory
of ABRAHAM CUMBERBATCH Esqr:
A Native and Inhabitant of the Island of Barbados,
Senior Member of his MAJESTY'S Council of that Island,
to which honorable board he had belonged near Thirty Years.
He bore a long and painful Ilness
with uncommon Patience and Fortitude,
and came to England in hopes of receiving Benefit
from a change if Climate
and died in this City July 25, 1785. (Source: Caribbeana Vol II p. 84)

The title "Honourable" was granted as he was a member of His Majesty's Council of Barbados - roughly similar to England's House of Lords. He was also a Senior Member of His Majesty's Council of Barbados. Members of the Barbados legaslative Assembly, such as his son Abraham, were entitled to be called "Esquire".
"The local importance of these titles is indicated by the fact that members of the Assembly and judges by custom might use four horses to their coaches while members of the Council drove a team of six." (Genealogists Magazine March 1974, Vol.17 No. 9 p.494).

Abraham married Elizabeth Trent Abt 1750. Elizabeth (daughter of Lawrence Trent and Jane Somers) was born Abt 1725, of, Barbados, West Indies; died 26 Jan 1794, Barbados, West Indies; was buried , , Barbados, West Indies. [Group Sheet]

Sarah married Doctor William Sandiford 1772. William was born , of, Barbados, West Indies; died Bef 7 Feb 1782. [Group Sheet]

Sarah married John Frewen 7 Feb 1782, Saint Michael, Barbados, West Indies. [Group Sheet]

Notes:

Born at Sober Castle

[BarbadosCumberbatchSettlers.FTW]

1st Son and heir, of Sober Castle, born 1739; of Queens College Oxford("Q. Coll., Oxf.") matric(ulated) 8 April 1756; at 17; presented fontto St. Peter's in 1767; named in 1772 in the will of his brother Abr.;dead 1795; bur(ied) in St. Faith's under St. Paul's Cath(edral)(Brandow J.C. Genealogies of Barbados Families).

Eldest son (Brandow J.C. Genealogies of Barbados Families page 509)

John married Martha Bersheba. Martha died 1795, Margate, Kent, England. [Group Sheet]

John married Penelope Blake 6 Nov 1760, , , England. Penelope (daughter of Major Martin Blake) was born , Sevenoaks, Kent, England; died 29 Jan 1774; was buried 2 Feb 1774, Abbey Church of Saint Peter and Saint Paul "Bath Abbey", Bath, Somerset, England. [Group Sheet]

Notes:

Buried in a crypt

[BarbadosCumberbatchSettlers.FTW]

Will (source: Ernest M. Wiltshire): Abraham Sober of Kensington Esq.Will dated 30 March 1772. My Mother-in-law Mrs. Mary Sober £300. Mysister Sarah Sandiford, wife of Dr. S. of B. £1000. All residue to mysister Mary Sober and my brothers John Sober and Cumberbatch Sober,Ex'ors.
Proved 1 June 1772 by Mary S., spr., power reserved to the others.

*** RELATIONSHIPS TO BE CHECKED ***

Will dated 30 Mar. and proved 16 June 1772 (243, Taverner) (BrandowJ.C. Genealogies of Barbados Families)

Notes:

Buried in a crypt

[BarbadosCumberbatchSettlers.FTW]

WILL (source: Ernest M. Wiltshire): Mary Sober. Will dated 28 July1792. To be buried under St. Pauls with my dear mother Mrs. Mary S. Tomy sister Mrs. Sarah Frewin £30. Mrs. Judith S. £30. Mary CumberbatchCumberbatch £25 a year. Sarah S. £500. Johannes S. £500. Elletson S.now in the E. I., £2000. Penelope Wentworth S. £3000, plate, linen,furniture. To John S., now in Scotland, £20 a year. Abr. CumberbatchS. £20 a year. All residue in money, land or negroes to my brotherCumberbatch S. and his son Sampsonn Wood S. equally and Ex'ors. On 5Sep 1793 appeared Daniel Coxe of John Str, St. George, Hanover Sq.Esq, Cumberbatch Sober of Welbeck Str. Esq, and Judith Sober his wife,and Penelope Wentwrth Sober of the same place, spr. P.W.S. swore heraunt died 24 of last month and sealed the will with her arms. Cumb. S.is the brother of decd. Testx of St. Mary le bone spr.
Proved 6 Sept 1793 by C.S. Esq, the brother; power reserved to S.W.SEsq.

*** RELATIONSHIPS TO BE CHECKED ***

Will dated 28 July 1792 ; proved 6 Sept. 1793 (478, Dodwell) (BrandowJ.C. Genealogies of Barbados Families)

Notes:

Died at age 85 at Upper George Street, Portmann Square; Bryanston Square?

Cumberbatch married Judith Wood 17 Feb 1765, Saint Michael, Barbados, West Indies. Judith (daughter of Samson Wood, Junior and Judith Richards) was christened 25 Mar 1749, Saint Michael, Barbados, West Indies; died 30 Jan 1833, London, London, England, United Kingdom. [Group Sheet]

Notes:

Died at his seat at Fairwater

Was the Eldest son (Bristol Cathedral Register Trasncripts 1669 - 1837 SOG GL/R 31)

ARMS: Gules, an eagle displayed between three trefoils, two in chief and one in base, Or.
CREST: An eagle's head couped.
MOTTO of Abraham Cumberbatch - Ne Tentes Aut Perfice [Attempt Not, or Accomplish - Pine L.G. A Dictionary of Mottoes Routledge & Kegan Paul: London 1983 pp 146 AND Urdang L. & Dame Robbins C. Mottoes 1st Edition Gale Research Company USA: 1986 pp 44]. Authority for the Arms were his book-plate. I have also found these listed in West Indian Bookplates SOG/WI 37 pp 21 by Vere Langford: as above but also with : 179. "ABRAHAM CUMBERBATCH" (F., 7545.) Arm. spade shield...There were three generations of these names. The first died 1753, the second 1785, and the third 1786 (ANTE, II., 84). (source: Caribbeana Volume III pp21)

The Honourable Abraham Cumberbatch one of his Majesty's Council for Barbadoes, 1768; died 16 June 1796, buried Bristol Cathedral - Marshall G.W. - Collections for a Genealogical Account of the Family of Comberbatch.

Transcription of Will:

The Hon[oura]ble Abraham Cumberbatch

Barbados Ent. Augst 5th 1796

In The Name of God Amen
I Abraham Cumberbatch of the Parish of St. Andrew and Island abovesaid being of sound disposing mind and memory but being about to depart this Island so make and ordain this to be my last Will and Testament in my own handwriting and in manner and form following ffirst (sic) I direct that all my just debt and ffuneral (sic) expenses shall be fully paid and satisfied.

I give and bequeath unto my beloved Wife Mary Cumberbatch ^ Cumberbatch the sum of one hundred and eighty pounds per Annum to be paid her Annually out of the crops of my said Estate in addition to the sum of three thousand pounds which was settled upon her for her Marriage Portion (by Lease @ Release of Clelands & the Farm Plantations) and which was in lieu of dower.

I also give her the living up out of my Plantations with as much Sugar Rum & Plantation provisions as may be necessary for her house use as long as she remains my widow. If she should marry again then the above mentioned yearly sum one hundred and eighty pounds with a living if? upon & the supplies from my said Estate to be null void and of no longer effect.

I give & bequeath to my dear Brothers Lawrence Trent Cumberbatch Edward Carlton Cumberbatch & John Trent Cumberbatch the sum of one thousand pounds each to be paid them as soon as convenient out of the profits arising from my Estate.

I give to me dear Sister Mrs. Ann Sandiford widow of William Sandiford the sum of ffive (sic) hundred pounds to be paid in life manner as my Brothers but least the difference I have made between my Brothers & Sister might be supposed to proved from my not bearing her the same natural love and affection which I have for them may perhaps make it necessary for me too add that my only reason for this difference was in consequence of her having derived many advantages from the Estates during my Father's life which they were not benefited by.

I give an bequeath to my Nephew Abraham Cumberbatch Sandiford Son of Mrs Ann Sandiford the sum of ffifty (sic) pounds.

All the Rest residue & Remainder of my Estate both Real & Personal of what nature and find so ever both here and elsewhere I give and bequeath to my beloved son Abraham Parry Cumberbatch & to his Heirs for ever but if my said son Abraham Parry Cumberbatch should die before he attains the Age of twenty one years in order to comply with the last wish of my Great Grand Father Abraham Cumberbatch from whom the Estates have been handed down & who soernid? to desire that they might be kept in the Family and Name I do direct and desire that my Brother Lawrence Trent Cumberbatch take possession of my said Estates and that the work necessary for the Plantations might be kept up and the Profits arising from the crops be equally divided between the said Lawrence Trent Cumberbatch Edward Carlton Cumberbatch & John Trent Cumberbatch allowing my sister Mrs Ann Sandiford Fifty pounds per Annum during her natural life out should my abovesaid Brother Lawrence Trent Cumberbatch die then my Brother Edward Carlton Cumberbatch to take possession of the said Estates following the within directions of keeping up the Estates & the Profits to be equally divided between the said Edward Carlton Cumberbatch & John Trent Cumberbatch and should the said Edward Carlton Cumberbatch die then my Brother John Trent Cumberbatch to take possssion of my said Estates to himself & his Heirs for ever. But should he die before either of my abovementioned Brothers my Estates to go in life manner to my last surviving Brother & to his Heirs for ever.

I do hereby nominate constitute and appoint Mary Cumberbatch Cumberbatch Lawrence Trent Cumberbatch Edward Carlton Cumberbatch & John Trent Cumberbatch to be Guardians of the Body of my son Abraham Parry Cumberbatch and also the said Mary Cumberbatch (as long as she remains my widow) to be Executrix and my said brother Lawrence Trent Cumberbatch ^ Edward Carlton Cumberbatch & John Trent Cumberbatch to be Executors of this my last Will & Testament hereby revoking and making void all former Wills by me before made.

In witness whereof I have hereunto set my hand & seal the whole being in my own handwriting as aforementioned this seventh day of May one thousand seven hundred and ninety five [7th May 1795]. A. Cumberbatch {seal} signed sealed & delivered in the presence of us and each of us in the Presence of the above & declared to be the last Will & Testament of A. Cumberbatch Benj. Sandiford - Thos Sandiford.

Barbados - By His Excellency [Thomas Sandiford Governor of the Island of Barbados]

Thomas Sandiford one of the subscribing witnesses to the within written Will this day personally appeared before me and made oath on the Holy Evangelist of Almighty God that he was present and did see the Hon'ble Abraham Cumberbatch the Testator herein named (since deceased) sign seal publish and declare the same as and for his last Will & Testament & that he was at the Executing thereof of a sound and disposing mind and memory to the best of his this deponents Judgment (sic) & Relief given at Pilgrim this 5th day of August 1796 G.P. Ricketts.

A true copy from the Secretary's Office attested this 17th day of Augst 1796 Robert Wimberly.

Appeared Personally Mary Cumberbatch Cumberbatch of Baker Street in the Parish of Saint Marylebone in the County of Middlesex London and made Oath that she knows and is well acquainted with Robert Wimberley Esquire Secretary to his Excellency Governor of the Island of Barbados & also with his manner and character of handwriting & subscription having frequently seen him write & also write and subscribe his name and having now carefully viewed the name Robert Wimberley now appearing set and subscribed __ the paper writing hereto annexed purporting to be and contain a true & authentic copy of the last Will and Testament of the Honorable Abraham Cumberbatch late of the said Island of Barbadoes (sic) Esquire deceased she said that she both verify and in her conscience believe the said name so subscribed to be of the proper handwriting and subscription of the said Robert Wimberley Secretary as aforesaid of the Governor of the said Island of Barbados Mary Cumberbatch Cumberbatch 22 Novr 1796. The said Mary Cumberbatch Cumberbatch was duly sworn to tell the truth of this affadavit before me J ffisher Surr. Pr. J. Bush

This Will was proved at London the twenty third day of November [23rd November] in the Year of Our Lord one thousand seven hundred and ninety six [1796] before the Worshipful John Fisher doctor of laws and surrogate of the Right Honorable Sir William Wymie Knight also doctor os laws and Master Keeper or Commifsary (sic) of the Prerogative Court of Canterbury lawfully constituted by the Oath of Mary Cumberbatch Cumberbatch widow the Relick (sic) of the deceased and one of the Executors named in the said Will during her widowhood to whom Administration was granted of all and singular the Goods Chattels and Credits of the deceased having been first sworn duly to administer power reserved of making the life Grant to Lawrence Trent Cumberbatch Edward Carlton Cumberbatch and John Cumberbatch the Brothers of the said deceased and other Executors named in the said Will when they or either of them shall apply for the same.

Source: PCC Wills Index 1750-1800: 1796 CUMBERBATCH Abrahm Foreign Parts Nov 545: PROB11/1281

Monumental Inscription at Bristol Cathedral : North choir aisle, north wall:-

To the Memory of The Honble. Abraham Cumberbatch Esqr. One of His Majesty's Members of Council of the Island of Barbado (sic) Who died of a Malignant Fever, at his Seat at Fairwater, near Taunton, June 16th 1796, In the 42nd Year of his age.

Above the tablet is an urn surmounted by a shield bearing : Gules, and eagle displayed between three trefoils Or. (The crest used is : An eagle's head couped. Motto- Ne Tentes Aut Perfice]. 1796, June 21. Abraham Cumberbatch (Cathedral Burial Register) (source: Caribbeana Volume II page 84).

North transept, floor marbles over vault:; ABRAHAM CUMBERBATCH Esqr 1785 | The Honble Abraham Cumberbatch Esqr Eldest son of the above, died June 16th 1796.

(source: Caribbeana Volume II Page 84)

Monument in Bristol Cathedral

To the Memory
of
The Honble Abraham Cumberbatch Esqr
One of His Majesty's
Members of Council, late of the Island of Barbado (sic),
Who died of a Malignant Fever, at His seat at Fairwater,
near Taunton, June 16th 1796,
In the 42nd Year of His Age,
This Monument is erected by His affectionate Widow;
Beloved and respected when living,
and lamented when dead,
by all who knew him.

In Manhoods Prime, here found a hasty End,
The tender Father, Husband, Brother, Friend:
Tho' blest (sic) with Wealth, no headstrong Passion reign'd,
No spot of Vice, his polish'd Manners stain'd.
Ye sorrowing Friends, who silent, now draw near,
To wash his Marble, with the falling Tear;
Mourn not his Recompence, thus early given,
Submit with Rev'rence to the Will of Heaven;
Go, tread the upright Path he ever trod;
By Men Rever'd, and Welcom'd by his GOD. (source: photo of monument)

Above the tablet is an urn surmounted by a shield bearing: Gules, an eagle displayed between three trefoils Or. (The crest used is: An eagle's head couped. Motto - NE TENTES AUT PERFICE) (Source: Caribbeana Vol II p. 84)

The title "Honourable" was granted as he was a member of His Majesty's Council of Barbados - roughly similar to England's House of Lords. Abraham Parry's grandfather was also a Senior Member of His Majesty's Council of Barbados. Members of the Barbados legaslative Assembly were entitled to be called "Esquire".
"The local importance of these titles is indicated by the fact that members of the Assembly and judges by custom might use four horses to their coaches while members of the Council drove a team of six." (Genealogists Magazine March 1974, Vol.17 No. 9 p.494).

Abraham married Mary Cumberbatch Sober 17 Feb 1784, Saint Peter, Barbados, West Indies. Mary (daughter of Cumberbatch Sober, Esquire and Judith Wood) was christened 29 Nov 1765, Saint Michael, Barbados, West Indies; died Abt 1827, Brighton, Sussex, England, United Kingdom. [Group Sheet]

Notes:

Died between13 Jul 1821 and Dec 1833 according to will[s]?

Ann married Doctor William Sandiford. William died Bef 7 May 1795. [Group Sheet]

Notes:

Died at Saint Nicholas Plantation, age 71

1811 purchased Saint Nicholas Plantation with Edward Carleton Cumberbatch

Lawrence married Elizabeth NOT MARRIED. Elizabeth was buried 23 Mar 1824, Saint Peter, Barbados, West Indies. [Group Sheet]

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.

Edward married Sarah Howell 9 Sep 1794, Saint Peter, Barbados, West Indies. Sarah was born Abt 1770; was buried 14 Oct 1797, , Barbados, West Indies. [Group Sheet]

Notes:

had a different mother?

Died 19 Nov 1822?

Notes:

[BarbadosCumberbatchSettlers.FTW]

Will (source Ernest M. Wiltshire): In the will of his step-motherMartha Bersheba Sober, dated 26 Apr 1795: "I have left my estate toHope Elletson Sober for his life only, as I believe his atachment tothe Indian is not legal and his ch are illegitimate in justice to therest of my husband's family. His handsome legacy from his grandmotherand aunt."
Perhaps the ancestor of the coloured SOBERS, or perhaps refers to the East Indies: In the will of his grandmother May Sober, dated 28 July1792: "Elletson S. now in the E.I., 2000lbs."

*** RELATIONSHIPS TO BE CHECKED ***

Hope Elletson Sober, in the E.I. in 1789 ;? left natural children by Indian woman (Brandow J.C. Genealogies of Barbados Families)

John married Anna Ann Middleton. [Group Sheet]

Notes:

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WILL (Source Ernest M. Wiltshire): Will proved 7 April 1814
"My wife Ann the dau of the late Tho. Kemp, M.P. for Lewes, Co.Sussex, all my estate and sole Ex'trix, she paying to each of my bros& sister 100 gns.

Capt. Dragoon Guards ; died in L (London) 7 Dec. 1813; at 42. (248,Bridport) (Brandow J.C. Genealogies of Barbados Families)

1st King's Dragoon Guards. 1804
On the 12th November 1804 a General Court Martial commenced for the trial of Lt Colonel John Elliott, on three charges preffered against him by Captain Abraham Cumberbatch Sober, also of the King's Dragoon Guards. The trial continued by adjournements until the 21st November by virtue of a special warrant signed by the King. George III, directed by the Judge Advocate General, the Rt Hon Sir Charles Morgan Bart. It was held at the Castle Tavern, Brightelmstone (Now Brighton) with Major General Lennox as President, 14 Officers as members, and Deputy Judge Advocate James Charles Michell.
The three charges brought against Elliott by Sobers were as follows:
1st: For disobedience of General Orders concerning the sale of Cast (no longer fit for service) horses, dated January 7th 1802 in not causing such horses to be sold by Public Auction in several instances.
viz: At Bristol on the 12th March 1803: At Exeter 4th November 1803: At Chichester June 20th 1804: which last is in disobedience of Brigade Orders issued by Major General Hugonin dated June 13th 1804.
2nd: For carrying on an improper Traffic with the Bat (Baggage) and Cast horses between the dates of November 4th 1803 and 9th September 1804, highly disgraceful to the situation he holds in the regiment and thereby defrauding the Government.
3rd: For making requisitions and receiving Coals and Candles as a Barrack allowance, during the period the King's Dragoon Guards were quartered in Arundel Barracks whilst he lodged in the town of Arundel and not in the Barracks between the 1st April 1804 and September 6th 1804: Contrary to an express order on tha head.
On the morning of Wednesday 21st November the Opinion and Sentence of the Court was read out:
1st Charge: Not guilty of causing horses to be sold by public auction at Bristol. Guilty of causing two Cast horses to be sold at Exeter: Guilty of not causing seven Cast horses to be sold at Chichester which was also in disobedience of Brigade Orders
2nd Charge: Guilty
3rd Charge: Guilty but the court was acknowledged that Elliott was unaware of the order until it was transmitted to him and that he had volunarily refunded the Coals and Candles previous to the knowledge that the charge was to be brought against him.
''Although deeply impressed with the many honourable Testimonies and to the good Character of the said Lt Colonel John Elliott and the length of his military service, yet, regarding the charges of which they have found him Guilty, as a breach of the Articles of War, do with great regret, feel it is their duty to adjudge and do hereby adjudge the said Lt Colonel John Elliott to be dismissed form His Majesty's Service''.
The King subsequently approved the opinion of the Court Martial and confirmed the sentence

Abraham married Ann Kemp. Ann (daughter of Thomas Kemp) died 1855. [Group Sheet]

Notes:

middle name Cumberbatch?

Christened Mary Sober by R. S.

Mary married The Honourable Abraham Cumberbatch, Esquire 17 Feb 1784, Saint Peter, Barbados, West Indies. Abraham (son of Abraham Carleton Cumberbatch and Elizabeth Trent) was born 1754, , Barbados, West Indies; died 16 Jun 1796, Taunton, Somerset, England, United Kingdom; was buried 21 Jun 1796, Bristol Cathedral, Bristol, Gloucester, England, United Kingdom. [Group Sheet]

Mary married William Smith Forth, Esquire 20 Nov 1797, Church of England, Saint Marylebone, London, England, United Kingdom. William was born Cal 1772; was buried 2 Oct 1831, Brighthelmston, Sussex, England, United Kingdom. [Group Sheet]

Notes:

given name also spelled Sampson

Died at Upper George Street, Portman Square

WILL (source Ernest M. Wiltshire) : Sampson Wood Sober of the Parishof St. Peter and Island of B'o. Will dated 18 Apr 1799.
My wife Jennett S. 1000lbs and plate. My dau Judith S. at 18 3000lbs.My dau Eliz. Jennett S. 3000lbs at 18. To my son Harrison Walke S. mysugar work plantation in St. Peter with the slaves, and all residueremr to my 2 daus. My wife, my father Cumberbatch S. Esq, my wife'suncle Tho. Walke Esq., Ex'ors and G.
In the presence of Jno Howell, P. W. Sandiford, Wm Cadogan.
Proved 22 April 1811 by Jennett S. wid., and C. S., Esq, the father.

Will dated 18 April 1799 ; proved 22 April 1811 (198, Crickitt)(Brandow J.C. Genealogies of Barbados Families page 511)

Samson married Jennett Walke 15 Oct 1792, Saint Peter, Barbados, West Indies. Jennett (daughter of John W. Walke and Mary Harrison) was born Cal 1773, , Barbados, West Indies; died 1 Dec 1815, Southampton, Hampshire, England. [Group Sheet]

Notes:

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Monumental Inscription: St. Peter's Font, Barbados (Brandow J.C.Genealogies of Barbados Families page 511)

Sarah married Samson Tickel Wood, Junior 8 Apr 1795, Shoreditch, London, England. Samson (son of Samson Wood, Junior and Judith Richards) was christened 15 Dec 1750, Saint Michael, Barbados, West Indies. [Group Sheet]