Will of Dame Mary Musgrave

of Cumberland and Sussex, (Ex Kent)

I give and bequeath to my Son Sir Christopher John Musgrave Baronet the sum of One thousand pounds sterling as a token of my increasing affection for him he being in possession of the Estates of his Ancestors by the demise of his much loved brother Sir Philip Musgrave Baronet
the Legacies in funded property bequeathed by various relations to the Younger branches all devolved to my only remaining younger Son George Musgrave Esquire who is a Captain in the Army and before Lieutenant in the King’s 15th Regiment of Hussar he I now say possess (at my demise) all the Legacies bequeathed to me during my life and to benefit my younger Children

I give & bequeath to my said Son George Musgrave all the sums I now possess or may acquire of whatsoever description and all my Property howsoever circumstances all my Plate Chests deposited with Garrard Silversmith, Panton Street, Haymarket or in other hands
I also give and bequeath to George Musgrave all my Jewels Watches Books Pictures Prints of whatever else I may possess on my demise

If it be the Will of God that I should die in England it is my Wish and desire to be deposited in the most private manner in the same Vault in Eden Hall Church under the Communion Table constructed by my order for my beloved daughter Julia Musgrave and where my much lamented son Sir Philip Musgrave is also interred Should my death occur in a foreign land the Protestant burial ground is where my remains may be deposited

I request that my son George Musgrave to be my Executor I also request the Assistance of Henry Robinson Esquire Banker to be a joint Executor with my aforesaid Son I request him to accept as a lasting mark of my regard of the sum of Fifty pounds

I intreat the faithful observance of these my few bequests September 14th 1827
Mary Musgrave
Signed sealed and delivered in presence of:
Elizabeth Rogers - Andrea Roland

This is a Codicil to the last Will and Testament of me Mary Musgrave Widow of Sir John Chardin Musgrave late of Eden Hall in the County of Cumberland Baronet

Whereby I give and devise all that my Messuage or Tenement with the Appurts. [Appurtenances] situate standing and being in Brunswick Square in the Parish of Hove in the County of Sussex being No. 54 which I lately purchased of The Revd. Thomas Richard Rooper unto and to the use of my son George Musgrave now residing at Goldington in the County of Bedford Esquire his heirs and assigns for ever

Also I give and bequeath unto my said son George All my Household Goods Furniture Pictures Plate Linen China Books and other things which shall be in or about my said House and Premises at the time of my decease to ad for his own absolute use & benefit

And I hereby ratify and confirm my said Will in all other respects other than as altered or varied by this my Codicil
In Witness whereof I have hereunto set my hand & seal this eighth day of April one thousand eight hundred & thirty three
M. Musgrave

Signed sealed published and declared by the said Mary Lady Musgrave as and for a Codicil to her last Will and Testament in the presence of us who in her presence at her request and in the presence of each other have subscribed our names as Witnesses
Thomas Richd. Rooper - C. Derby - C. Derby Junr.

This is a further Codicil to the last Will and Testament of me Dame Mary Musgrave of Brunswick Square Brighton in the County of Sussex Widow bearing date the fifteenth day of September One thousand eight hundred and twenty seven and which I desire may be considered as annexed to and be taken as part thereof

Now I do hereby give and bequeath the Sum of Five thousand pounds of lawful Money of Great Britain and Ireland unto Sir George Musgrave of Eden Hall in the County of Cumberland Baronet and Sir Edmund Filmer of East Sutton Park in the County of Kent Baronet their Executors Administrators and Assigns Upon Trust to place out and invest the said sum of five thousand pounds in or upon Government securities at interest and from time to time to alter vary and transpose such securities and Funds until the money which shall be placed out thereon shall become payable by virtue of the Trusts and directions hereinafter contained

And I declare and I direct that the said money hereinbefore directed to be placed out at interest shall be in trust for my five Grandchildren vizt. Georgiana, Augusta, Edith, Harriet and Fanny daughters of Sir Christopher John Musgrave of Eden Hall aforesaid Baronet deceased equally to be divided amongst them share and share alike and to be paid or transferred to such of my Granddaughters at their respective ages of twenty one years or respective days of marriage which shall first happen unless such time or respective times shall happen in my lifetime

And in such case the part or share parts or shares of such of them as shall attain the age of twenty one years or be married in my lifetime shall become a vested interest in her or them respectively and be transmissible to her other Executors Admors. or Assigns and shall be paid or transferred immediately after my decease

And I do order and direct that in case either of my said Granddaughters Georgiana, Augusta, Edith, Harriet and Fanny shall happen to depart this life under the age of Twenty one years and without having been married then the part or share parts or shares of her or them so dying of and in the said Trust monies shall be In Trust for the others or other of them my same Granddaughters in equal shares but shall not be vested or payable sooner than their original shares

And it is my Will and mind and I do hereby declare that all and every the share and shares of my said Granddaughters Granddaughters Georgiana, Augusta, Edith, Harriet and Fanny so directed to survive and accrue shall from time to time survive and accrue together with their original share and shares until such Original share or shares shall by virtue of this my Codicil become vested and that the said accruing shares of my same Granddaughters shall follow the same Trusts as their original shares

Provided always and I do hereby declare and direct that the interest dividends and annual produce of the respective shares of my said Granddaughters Georgiana, Augusta, Edith, Harriet and Fanny of and in the money hereinbefore directed to be invested or placed out at interest shall be laid out and accumulated in or upon Government Securities at interest and that all accumulations shall be upon the same of the like Trusts as are herein before declared concerning the respective shares of the Capital from whence such interest dividends and annual produce shall arise

And I declare and direct that if the said Sir George Musgrave and Sir Edmund Filmer or either of them shall die or refuse or decline to act in the aforesaid Trusts of this my Codicil then a new Trustee or Trustees may be appointed by the surviving or continuing Trustee or Trustees and the said Trust monies and Premises shall in that case be assigned and transferred so as to be vested in such new Trustee or Trustees and such surviving or continuing Trustees or Trustee Upon the same Trusts and with the same powers as are hereinbefore mentioned and declared and so from time to time as often as that case shall happen

And I declare that my said Trustees and the Trustees or Trustee for the time being of this my Codicil shall not be accountable one for another and by no means for involuntary losses and that they shall be allowed and may retain to and reimburse themselves all the Costs Charges damages & expences to be occasioned by the due execution of the Trusts hereby in them reposed

In Witness whereof I have hereunto set my hand & seal this nineteenth day of November one thousand eight hundred & thirty four
M. Musgrave

Signed sealed published and declared by the said Dame Mary Musgrave to be a further Codicil to her last Will and Testament and to be taken as part thereof in the presence of us
Henry Robinson Junr. of Henrietta Street, London, Banker - C. Derby Temple (Inns of)

This is a further Codicil to the last Will and Testament of me Mary Dowager Lady Musgrave Widow of Sir john Chardin Musgrave late of Edenhall in the County of Cumberland Baronet deceased and which I desire may be annexed to and taken as part thereof

I request that on my decease my Funeral may be quite private I order that my mortal remains shall be deposited in the vault beneath the Chancel of Edenhall Church near my dear Sons Sir Philip and Sir Christopher John Musgrave and my dear Daughter Julia

I give and bequeath to my only surviving Brother The Reverend Francis Filmer of Woodbury near Honiton Devonshire the sum of two hundred Guineas as a token of my regard and affection
I give and bequeath unto my faithful Servant Elizabeth Rogers the sum of three hundred and fifty Guineas

I give and bequeath to my dear Son Sir George Musgrave and after his death to the Owner or Proprietor of Evenhall for the time being the Sum of One hundred Guineas free of legacy duty Upon Trust to pay and apply the interest thereof yearly to and or the benefit of the Parish Schools of Edenhall aforesaid in such proportions and manner as he shall thin fit and proper

And I do hereby ratify & Confirm my said Will and the Codicils thereto before by me made and all the Gifts devises Bequests Matters and things therein contained

In Witness whereof I have hereunto set my hand & seal this tenth day of November one thousand eight hundred & thirty six
M. Musgrave

Signed and sealed by the above named Mary Dowager Lady Musgrave and by her published and declared as and for a further Codicil to her last Will and Testament in the presence of us who have subscribed our names as Witnesses thereto in the presence of
Tho. D. Bleasmill - Eliza Toll

Proved at London with three Codicils 1st May 1838 before the Judge by the Oath of Sir George Musgrave Baronet (heretofore George Musgrave Esqr.) the son the surviving Executor to whom Admon. was granted having been first sworn by Requisition duly to administer.
Exd.

Notes:
Mary daughter of the Rev. Edmund Filmer, Rector of Crundale (& brother of Sir John Filmer, Earl) & Annabella Christiana (nee Honywood) was baptised 8 Mar 1761 at Crundale, Kent.
John Chardin Musgrave, Esq. ba otp & Mary Filmer sp otp were married by Faculty Office Licence 13 Jul 1791 at St Marylebone, MDX.
Dame Mary Musgrave died 9 Jan 1838 age 76 at Brighton, Sussex.
See Will of Sir Edmund Filmer of East Sutton 1810

Transcribed by Shelagh Mason 30th August 2020

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