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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