Scope and Content
i) Henry Aldrich Cotton of Stanford in the Vale, Berkshire, clerk and Honorary Canon of Westminster, surviving executor of will of Sarah Margaret Colburne, deceased
ii) i) as legatee under above will
iii) Margaret Mildred Aldrich Cotton of Stanford in the Vale, spinster, also legatee
iv) Athelstan Chamberlain of Jhansi, India, also legatee
v) Lawrence Read Colburne Higgins of Bedford, esquire, sole executor of will of John Colburne, deceased
vi) i) and v) as trustees of settlement
recites: a) Marriage Settlement 15 June 1868
i) John Colburne
ii) Sarah Margaret Cotton
iii) William Aldrich Cotton
iv) Henry Aldrich Cotton
Henry Piers
i) is entitled to stocks and securities shown in first part of annexed schedule
iii) entitled to stocks and securities shown in second part of annexed schedule
and these transferred on marriage to iv) upon trusts ....
b) Further Settlement 12 September 1881
i) John Colburne and wife Sarah Margaret, nee Cotton
ii) Henry Aldrich Cotton
Henry Piers
Marriage of i) solemnised 16 June 1868
By wills of Margaret Pereira Cotton, mother of Sarah Margaret Colburne, and Ellen Cotton, aunt of Sarah Margaret Colburne, Sarah Margaret Colburne entitled to property shown in third part of schedule
this property transferred to ii) upon trusts ....
c) Will dated 18 March 1882, proved 4 November 1882 (Northampton) Sarah Margaret Colburne
recites: Marriage Settlement. see a)
no issue of marriage therefore after death of John Colburne and payment of debts:
to brother Henry Aldrich Cotton, £800
to niece Margaret Mildred Aldrich Cotton, £1,500
to nephew Athelstan Chamberlain, £1,000 and also to raise and invest £1,000 and pay income to brother Francis Cotton for life, and after to stand possessed of trust premises and income in trust for brother, Henry Aldrich Cotton
d) Sarah Margaret Colburne died 19 April 1882, husband John Colburne survived her. Trustees paid legacies out of trust fund, see part 5 of schedule
e) Appointment of Trustee
i) John Colburne
ii) Henry Aldrich Cotton
iii) Lawrence Read Higgins
recites: death of Henry Piers 30 November 1901
iii) appointed trustee to marriage settlement, see a), in his place
f) Will dated 28 May 1901, proved 16 May 1904 (Northampton) John Colburne
appoints nephew Lawrence Read Higgins sole executor
died 15 March 1904
At death, trust fund consisted of property in part 6 of schedule and these stocks and shares were sold out and paid to v) as sole executor
At death of John Colburne, trust fund of Sarah Margaret Colburne consisted of property in part 7 of schedule
£560 mentioned in part 7 was advanced by trustees to Sarah Margaret Colburne upon mortgage of "Ellesmere Lodge", Bedford [?50 Bushmead Avenue], subject to a prior mortgage to secure £800. After death of John Colburne, interest on £560 in arrears and iv) took over property and after paying prior mortgage of £800, £122..16..7 remained, see part 8 of schedule.
Property offered for sale by public auction on 22 November 1904 but withdrawn as did not reach reserve price of £1,000
In order to wind up estate to which £560 owing, trustees made:
g) Agreement 13 January 1905
i) George Croxton Walker as agent for vi)
ii) Joseph Horton Mitchell
consideration: £950
- messuage known as "Ellesmere Lodge", Bedford
see part 8 of schedule
Trust fund of Sarah Margaret Colburne now amounted to £3,835..0..4, see part 9 of schedule, after various payments £3,676..4..0 remained, see part 10 of schedule
Trustees paid to ii) £683..18..10 in full discharge of £800 legacy
Trustees paid to iii) £1,282..17..10 in full discharge of £1,500 legacy
Trustees paid to iv) £854..18..8 in full discharge of £800 legacy and have retained £854..18..8 for £1,000 legacy to be held in trust for Francis Cotton for life
now: i) and ii), iii), iv) and v) release vi) from all claims on estate
schedule attached
signatures: i), iii), iv)
witnesses: C H Woodford, clerk to Mark Whyley, solicitor, Bedford
Henry Maxwell Chamberlain, schoolmaster, St Edmunds School, Canterbury
Mark Whyley, solicitor, Bedford