Simon's Family History

Last Will & Testament
of
Thomas GALBREATH - 1799

In the Name of God Amen, I Thomas Galbreath of Colebrooke Row in the Parish of Saint Mary Islington and County of Middlesex Esquire being of sound and disposing mind memory and understanding do make this my last will and testament in manner following that is to say I desire to be buried decently and without any funeral pomp at the discretion of my Executors herein after named but wish them to consult with my beloved wife therein I will and direct that all my just debts funeral expenses and the expenses of proving this will and carrying the several trusts thereof unto execution be in the first place fully paid and satisfied out of my Estate

I give unto my dearly beloved wife Elizabeth Augusta Galbreath the sum of One Hundred Pounds and do will and direct that the same be paid unto her within one month next after my decease for her immediate use

I also give to my said wife for her own absolute use and benefit such part and parts of my household furniture and supliments of household or other articles or things belonging to me as she shall elect and chuse within one month next after my decease to the amount in value of one hundred pounds at a fair appraisement whereas

I have already paid and advanced unto my son David Galbreath the sum of five hundred pounds

Unto William Sharpe of Paisley in that part of Great Britain called Scotland Manufacturer with my daughter Margaret as a marriage portion the sum of five hundred pounds

And unto my daughter Catherine the sum of five hundred pounds

Now therefore I do hereby declare will and direct that the said three several sums of five hundred pounds (making together one thousand five hundred pounds) be considered as part of my Estate herein next after by me given in trust for the use benefit and behoof of my said wife and all my dear children and be taken and considered on a division or distribution of the residue of my said Estate pursuant to the trusts of this my will as to with the respective shares of my said son David and daughters Margaret and Catherine in the said residue before then received by them any thing in this my will contained to the contrary thereof in any wise notwithstanding

I give devise and bequeath unto my son in law the said William Sharp and to my esteemed friends Thomas Freeman of Dyers Court Aldermanbury in the City of London Warehouseman and James Dobit of Crane Court Fleet Street in the same City Gentleman all that my leasehold messuage or tenement situate in Colebrooke Row aforesaid wherein I now reside and all my Estate right title form and interest therein all my ready money in the publick stocks or funds Securities for money of every kind all sum and sums of money whatsoever or however and all the rest residue and remainder of my worldly Estate whatsoever and wherever and of what nature kind or quality soever to have hold receive and take the same unto the said William Sharp Thomas Freeman and James Dobit their executors administrators and assigns upon trust ....

for the use benefit and behoof of my said wife Elizabeth Augusta and all and every my children as is living (that is to say) my said daughter Margaret (the wife of the said William Sharp) my said son David my son James my son John my said daughter Catherine my daughter Elizabeth my son Peter my daughter Augusta and also such other child or children as I may hereafter happen to have by my said now wife whether born in my life time or in due time after my decease equally share and share alike ....

but nevertheless as to the said share of my said wife of and in the said residue upon trust that they my said executors do and shall as soon as possible may be after my decease lay out and invest the same in the purchase of three pounds per cent Consolidated Bank annuities in their joint names or in the names or name of the survivor or survivors of them and one or more new and other trustee or trustees to be named and appointed as herein after mentioned or directed and authorised and from thenceforth for and during the natural life of my said wife to pay to her the dividend and interest to accrue and become due thereon when and as the same shall become due and be received or to permit and suffer her to receive the same to and for her own sole and separate use and not to be subject or liable to the debts controul or engagements of any after taken husband and her receipt alone from time to time notwithstanding her coverture shall be a good and sufficient discharge and from and after the decease of my said wife upon trust to divide and pay or of assign and transfer the said share or principal money to laid out and invested for the benefit of my said wife as aforesaid unto and amongst all and every my said children ....

save and except my children by my first marriage share and share alike in such manner as their shares are hereinafter made payable or directed to be paid and as to the share of my said son James of and in the said residue upon trust to lay out and invest the same in like manner as hereinbefore mentioned and directed respecting my said wife's share and to pay to him my said son for and during the term of his natural life the dividends and interest from thenceforth to accrue and become due thereon from time to time when and as the same shall be received or otherwise to pay and apply such interest and dividends for and towards the maintenance of my said son for and during the term of his life as to them my said trustees shall seem necessary and proper and from and after the decease of my said son James leaving issue of his body lawfully begotten one or more children then as to the said share or principal money invested therewith as aforesaid and all interest from thenceforth to accrue due upon trust for all such children if more than one share and share alike and if but one child for such only child payable to the son and sons at twenty one years and to the daughter and daughters at twenty one years or day or days of marriage which shall first happen with benefit of survivorship and the dividends and interest thereof to be paid and applied in the mean time for and towards his her and their maintenance and education and in case of the death of my said son James without leaving issue one or more children surviving or leaving issue and they shall all die the son or sons under twenty one years and the daughter or daughters under that age and unmarried then as to the said share of my said son James or principal or money invested for his benefit upon trust for all and every my other children then living and the children of such of them as shall be then dead equally share and share alike the child or children of my deceased child or children only having or receiving what the father or mother would have been entitled unto if living and no more and as to the several shares of such other of my said children of and in the said residue of my Estate being sons who shall have attained the age of twenty one years at my decease and of such other of my said children being daughters who shall have attained that age or be married upon trust to pay or assign and transfer the same unto my last mentioned sons and daughters respectively within one year next after my decease and as to the several shares of such other of my said children of and in the said residue being a son or sons who shall not have attained the age of twenty one years at my decease upon trust to lay out and invest the same in the purchase of three pounds per cent Consolidated Bank annuities in the joint names of them my said trustees as aforesaid and to pay or assign and transfer the same to him and them respectively on his and their respectively attaining the age of twenty one years and pay and apply the dividends and interest to accrue due on their several and respective shares the mean time for and towards their maintenance and education and as to the several shares of such other of my said children of and in the said residue being a daughter or daughters who shall not have attained the age of twenty one years or be married at my decease upon trust to lay out and invest the same as aforesaid and to pay and assign and transfer the same to her and them respectively on her and their respectively attaining the age of twenty one years or day or days of marriage which shall first happen and to pay and apply the dividends and interest to accrue due on their several and respective shares in the mean time for and towards their maintenance and education and so as no part or share of our infant son or daughters dividends or interest shall go and be paid for and towards the maintenance and education of another and in case of the death of one or more of my said children who shall be living at my decease being a son or sons under the age of twenty one years or being a daughter or daughters under that age and unmarried then as to the share and shares of such son or sons and daughter or daughters so dying upon trust for all survivors of my said children equally share and share alike and to pay or assign and transfer the same unto them severally at the several and respective times and in like manner as their respective original shares of the said residue is hereinbefore limited or directed and appointed to be paid or assigned and transferred together with the dividends and interest which may have accrued and become due thereon and remaining unapplied for the maintenance of such deceased son or daughter and in case of the death of one or more of my said sons or daughters in my life time leaving issue one or more child or children him her or them surviving then as to the share and shares of the said residue of him her and them so dying in trust for the child and children of the deceased son and sons daughter and daughters respectively so and in such way and manner as the child and children of each of my said sons and daughters so dying shall have and receive the share and respective shares of him and her father or mother and the dividends and interest to accrue due thereon and so more and for the better and more ready ascertaining the amount of the several shares of my said wife and children of and in the said residue or trust Estate and bringing the same speedily into a narrow compass

My mind is and I do hereby will and direct authorise and empower my said trustees and executors hereinafter named forthwith and as soon after my decease as possibly may be by one or more sale or sales or otherwise as to them may seem moot and proper to convert collect get in and receive the whole of the said trust Estate into ready money and thereupon lay out and invest the same in the purchase of three pounds per cent Consolidated Bank annuities in the joint names or in the names or name of the survivors and survivor of them and any new or other trustee or trustees hereafter to be named and appointed in pursuant of the power hereinafter by me given and the said three pounds per cent Bank annuities when so purchased as aforesaid to set apart divide pay assign and transfer so and such way and manner as my said wife and children may severally have and receive equal shares of my said Estate according to the trusts aforesaid and to the true intent of this my will

and I do hereby also authorize and empower my said trustees and executors during the minority of all and every or any of my younger children from time to time to pay and apply all or any part or parts of the dividends and interest of his her and their respective shares of and in the said residue of my Estate for and towards his her and their several maintenances and education or preferment in the world and as to them my said trustees shall seem necessary and proper and my will and desire is that my said dear wife shall be made a reasonable allowance for the maintenance or the maintenance and education of such one or more of my children under the age of twenty one years and unmarried as shall remain and continue with her or be with her for any short space of time and to be paid for such maintenance and education out of the dividends and interest of their respective shares such allowance to be at and after such rate as may be agreed on between her and my said trustees executors provided always

and my will further is that in case the said William Sharp shall after my decease have occasion to come from Scotland to London for the execution of this my will or all or any of the trusts thereof or otherwise concerning the same then I order and direct that the said William Sharp shall be fully paid out of the said residue all his chaise and coach hire and travelling expenses to and from London and during his necessary stay in London on the business of my will any thing herein contained to the contrary notwithstanding

and I do hereby nominate and appoint the said William Sharp Thomas Freeman and James Dobit executors of this my will and give to each of them ten guineas for a Ring provided also and my will is and I do hereby direct that in case any or either of them the said William Sharp Thomas Freeman and James Dobit shall happen to depart this life before the trusts hereby created and in them reposed shall be fully performed and executed then and in such case it shall and may be lawful to and for the survivors and survivor of them by and with the consent and approbation of my said wife during her life (to be testified in writing under her hand) and after her decease at their own discretion to nominate and appoint one or more new executors or executors in the room and stead of the trustee or trustees who shall so die and so from time to time as often as any new trustee or trustees shall depart this life it shall and may be lawful to and for the survivors and survivor of the said trustees by and with the consent and approbation as aforesaid during the life of my said wife and after her decease at their own discretion to nominate and appoint other new trustee or trustees in manner and for the purpose aforesaid and I do also will and direct that when and so often as any new trustee or trustees shall be nominated and appointed as aforesaid that the said trust premises shall or thereupon with all convenient speed assigned transferred and assured in such way and manner as that the same may become and be legally and effectually vested in the former surviving trustees or trustee and such new trustee or trustees upon the trusts aforesaid and that every such new trustee or trustees shall and may in all things act in the management carrying on and execution of the trusts aforesaid and every or any of them in conjunction with the others or other of them who shall survive as fully and effectually in all respects and to all intents and purposes as if he or they had been actually named in and appointed by virtue of the power hereinbefore contained or any or either of them their any or either of their executors or administrators shall not be charged or chargeable with or accountable for any more of the aforesaid trust monies or premises than what they respectively shall actually receive or shall come to their respective hands by virtue of this my will nor with or for any loss or damage which may happen of or to the same or any part thereof so as such loss or damage happen without their respective wilful default nor any one for the acts deeds receipts or disbursements of the others or other of them but each of them only for his own acts deeds receipts and disbursements and that it shall and may be lawful to and for them my said trustee and executors hereby appointed and such new trustee or trustees to be appointed by virtue of this my will and each and every of them their and each and every of their executors and administrators in the first place by and out of the aforesaid respective trust monies to deduct and reimburse themselves respectively all such loss costs charges damages and expenses as they any or either of them shall respectively sustain expend or be put upon for or by reason of the said several trusts hereby in them respectively reposed or the management or execution thereof or any other thing on any wise relating thereunto

and lastly I do hereby revoke and make void all former and other will and wills by me at any time heretofore made and declare this to be my last will and testament in witness whereof I have herein set my hand and seal the second day of April in the year of our Lord one thousand seven hundred and ninety eight
Thos Galbreath

signed sealed published and declared by the said testator Thomas Galbreath as and for his last will and testament in the presence of us who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses thereto ---
John Thomas Crane Court Fleet Street Eileen Jones Clk to Mess. Dobit & Thomas

This Will was proved at London the tenth day of June in the year of our Lord one thousand seven hundred and ninety nine before the Worshipful Samuel Pearce Parson Doctor of Laws Surrogate of the Right Honourable Sir William Wynne Knight also Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oaths of William Sharp James Dobit and Thomas Freeman the executors named in the said will to whom administration of all and singular the goods chattels and credits of the said deceased was granted having been first sworn duly to administer.


PCC will (Prerogative Court of Canterbury) 1799 GALBREATH, Thomas, esq. Middx Jun 433

Acknowledgement to the The National Archives, Record Class PROB 11.


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