Mr. G. J. Mussett. No: 76. A further Extract was read therefrom. Mr. Lewis stated, That as a Proof of his Marriage and also of his Death, he should next put in the Will of Sir Thomas Cave, dated the 3d of March 1777. (To Mr. Mussett.) Do you produce the original Will of Sir Thomas Cave? I do. What Date does it bear? When was it proved? It was proved, I think, with the Codicil the 4th of July 1780, by the Oath of Dame Sarah Cave, the Relict, and One Executor; Power reserved to make the like Grant to Thomas Walker, the other Executor, on his Application. (To Mr. Wright.) This is a true Copy of the Will of Sir Thomas Cave? It is. The same was delivered in, and read as follows: I, Thomas Cave of Highgate in the County of Middlesex, Esquire, do make this my last Will and Testament, as follows:-First, I will that all my Debts and Legacies and Funeral Expences be justly and truly paid, and I do hereby give and bequeath to my dear and loving Wife Sarah Cave, her Executors, Administrators, and Assigns, my House, situate in Upper Grosvenor Street in the Parish of Saint George Hanover Square in the County of Middlesex aforesaid, wherein I now dwell, with all and singular Outhouses, Stables, and Appurtenances thereunto belonging, and all my Estate, Term, and Interest of, in, and to the same, together with all the Pictures, Household Goods, and Furniture which shall be in the same House & other the Premisses at the Time of my Decease; and I do also give and bequeath unto my said dear and loving Wife Sarah Cave all my Pictures, Household Goods, and Furniture which at the Time of my Decease shall be in my House and other the Premises situate and being at Highgate in the said County of Middlesex, wherein I now also inhabit and dwell; and I also give and bequeath unto my said dear Wife all my Horses, Carriages, Books, Watches, Rings, and Jewels; and I also give and bequeath unto her all that my Plate which I at any Time have bought or which lately belonged to John Edwards, Esquire, Grandfather of the said Sarah Cave; I also give and bequeath to my said dear and loving Wife Sarah Cave all the Watches, Jewels, Rings, Plate, and Paraphernalia which she now hath or shall have at the Time of my Decease: As to the Residue of my Goods, Chattels, and Personal Estate, Money, and Money in the Funds, I give, bequeath, and dispose thereof to my dear Wife Sarah Cave, and my Friend Thomas Walker, Esquire, Serjeant at Law, their Executors, Administrators, and Assigns, in Trust, as to one Moiety thereof, to the Use of my said dear and loving Wife Sarah Cave, her Executors, Administrators, and Assigns, and as to Nine Thousand Pounds of the other Moiety thereof, in Trust for and to the Use of my Daughter, Sarah Cave, and all such other Children as I shall hereafter have by my said Wife, their Executors, Administrators, and Assigns; and in case I shall have no other Children by my said Wife, then then the said Nine thousand Pounds, in Trust, for my said Daughter Mr. G. J. Mussett. Sarah Cave, her Executors, Administrators, and Assigns; and as to the Residue of the said last-mentioned Moiety, in Trust, for and to the Use of my Son Thomas Cave and my said dear Wife in equal Shares, and to their respective Executors, Administrators, and Assigns, subject to the Provisions herein-after in that Behalf mentioned; and if my said Son Thomas Cave, and such other Son and Sons as I may hereafter have by my said Wife, shall die before they respectively attain the Age of Twenty-one Years, and if my said Daughter Sarah Cave, and such other Daughter or Daughters as I may hereafter have by my said Wife, shall die before they respectively attain the Age of Twenty-one Years or Day of Marriage, then I give the last-mentioned Moiety, and all my Cattle, Goods, Chattels, and Personal Estate to my said dear and loving Wife Sarah Cave, her Executors, Administrators, and Assigns: I also give and bequeath to my dear and honoured Father Sir Thomas Cave, Baronet, Two hundred Pounds; to my Brother Charles One hundred Pounds; to my Sisters, the Honourable Elizabeth Countess of Harborough, Margaret Moses, Maria Constantia Hetherington, Ann Marriott, and Isabella Cave, each One hundred Pounds for Mourning: I do also order and appoint that my said dear Wife and my said Friend Thomas Walker, and the Survivor of them, and the Executors of such Survivor, shall have the Custody, Tuition, and Guardianship and Education of all my Children by my said dear Wife Sarah Cave, and the Management of their Personal Estates respectively, and of all Interest, Proceed, and Advantage that shall in anywise be made by or by reason of their respective Estates or any Part thereof herein-before bequeathed, until my said Sons and Daughters shall attain their respective Ages of Twenty-one Years, or my said Daughters shall be married with the Approbation and good liking of my said Wife and my said Friend Thomas Walker, or the Survivor, or the Executors of such Survivor: And my Will and Meaning is, that my said dear Wife and my said Friend Thomas Walker, during the respective Minorities of my said Sons, shall give and allow unto them respectively out of their respective Portions and Estates hereby bequeathed such Maintenance, Learning, and Education at the Universities, Trades, Professions, or otherwise as they in their Discretions shall think fit; and if by reason of their Trades or Professions, or Marriage, there shall be Occasion for the laying out any Sum or Sums of Money for their respective Advantages, I leave it to the Discretion of my said dear Wife and my said Friend Thomas Walker, and the Survivor of them, and the Executors of such Survivor, to lay out the same out of the Portions and Estates herein-before bequeathed to them respectively, although they shall not have attained their respective Ages, and the same shall be allowed out of the respective Portions and Estates above mentioned; any thing herein herein contained to the contrary notwithstanding: And I will that they do allow unto my Daughter or Daughters such Maintenance, Learning, and Education as my said loving Wife and my said Friend, or the Survivor of them, or the Executors of such Survivor, in their Discretion shall think fit: And in case any of my said Children shall die before the Age of Twenty-one, or Marriage of my said Daughters with the Consent of my Executors as aforesaid, then I will that such the Share and Interest of such Child so dying shall be paid to the Survivors or Survivor of such Children equally amongst them, Share and Share alike, in like Manner and subject to the same Provisions as their principal and original Shares Mr. G. J. Mussett. respectively are above limited: And I do hereby revoke all former Wills by me made, and appoint my said dear Wife Sarah Cave and my Friend Thomas Walker Executors of this my last Will and Testament: And I do hereby give and bequeath unto my Friend Thomas Walker, for his Care and Pains in and about the executing and performing this my Will, the Sum of Five hundred Pounds: And I will that my said Executors and the Survivors of them shall be saved harmless and indemnified out of my Estate of and from all Damages and Expences which shall or may happen to come to them or any of them for or by reason of their or any of their taking upon them the Execution of this my Will. In witness whereof I the said Thomas Cave have to this my last Will and Testament, contained in Three Sheets of Paper, to the first Two Sheets thereof set my Hand, and to the last Sheet my Hand and Seal, this Third Day of March in the Year of our Lord One thousand seven hundred and seventy-seven. THOMAS CAve. Signed, sealed, published, and declared by the said Thomas (L. s.) JOHN SMITH, Lincoln's Inn.-ANT HODGSON.-John Herd. Whereas since the making of the above Will my much honoured Father Sir Thomas Cave, Baronet, is dead, and many Changes have happened in my Family, I the said Thomas Cave, now Sir Thomas Cave, Baronet, do make and publish this as a Codicil to my said last Will and Testament; and do hereby revoke the several Legacies I have by my said Will given to my Brother Charles, and to my Sisters, the Honourable Elizabeth Countess of Harborough, Margaret Moses, Maria Constantia Hetherington, Ann Marriott, and Isabella Cave; & I do hereby give to my dear and loving Wife Dame Sarah Cave the Sum of Eight hundred Pounds, over and above the several Sums, Legacies, and Bequests I have before given to her by my said Will. In witness whereof I have hereunto set my Hand this Twenty-eight Day of April in the Year of our Lord One thousand seven hundred and seventynine. Witness, ANT' HODGSON. THO. CAVE. Proved at London, with a Codicil, the 4th Day of July 1780, before the Worshipful Andrew Coltee Ducarel, Doctor of Laws and Surrogate, by the Oath of Dame Sarah Cave, Widow, the Relict and One of the Exors, to whom Admon was granted, having been first sworn duly to adm; Power reserved of making the like Grant to Thomas Walker, Esqr, the other Exor, when he shall apply for the same. Mr. Lewis stated, That to prove the Marriage of Sir Thomas Cave with Sarah Edwards, they being the Father and Mother of the Petitioner in this Case, he should produce an Extract from the Marriage Register of the Parish of St. Olave's, Jewry. The Witnesses were directed to withdraw. Then ( 179 ) Then The Reverend HENRY ROXBY MAUDE was called in; and Rev. H. R. Maude. having been sworn, was examined as follows: (Mr. Lewis.) Are you the Rector of the Parish of St. Olave's, Jewry? I am. Do you produce the Marriage Register of that Parish? I do. Will you turn to the Marriage of Sir Thomas Cave and Mary Edwards? Of Thomas Cave, Esquire, in the Year 1765. The same was read as follows: Thomas Cave, Esquire, of the Parish of St. Pancras, Batchelor, and Sarah Edwards of this Parish, Spinster, were married in this Church, by License, this Sixteenth Day of November, in the Year One thousand seven hundred and sixty-five, by me EDW. YARDLEY, Archdeacon of Cardigan. This Marriage was solemnized ƒ THOMAS CAVE. · SARAH EDWards. No. 77. between us Mr. Lewis stated, That to prove the Thirty-eighth Proposition, that Sir Thomas Cave, the Seventh Baronet, (No. 36. in the Pedigree), was the only Son of Sir Thomas Cave (No. 35. in the Pedigree), he should put in the Will of his Father, dated the 3d of March 1777. Then Mr. GEORGE JAMES MUSSETT was again called in, and further examined as follows: (Mr. Lewis.) Do you produce the original Will of Sir Thomas Cave from the Prerogative Court? I do. What Date does it bear? It is the one I produced just now, dated the 3d of March 1777. A further Extract was read therefrom. Mr. Lewis stated, That to prove that Sir Thomas Cave (No. 36. in the Pedigree) died on the 15th of January 1792 without Issue, leaving Sarah Cave, now Sarah Otway Cave, Widow, (No. 37. in the Pedigree) his only Sister, the Petitioner, his Heir, he proposed to put in the Master's Report bearing Date the 20th of February 1810, made in pursuance of a Decree of the 9th of March 1798, in the Cause Sir Charles Cave, Baronet, against Robert Halford and others, the Petitioner being a Defendant to that Suit, and the Suit being instituted to carry into execution the Trusts of the Will of Sir Thomas Cave. Mr. Solicitor General objected to this without some Evidence showing the Pendency of the Suit, and who were the Parties. Mr. G. J. Mussett. (40.) Ꮓ Ꮓ Mr. Mr. G. J. Mussett. No. 78. Mr. Lewis undertook to put in the Bill and Answer, if the Evidence might be received de bene esse. In pursuance of a Decree made in these Causes dated the Ninth of March One thousand seven hundred and ninety-eight, whereby it is, in the first-mentioned Cause, referred to me to enquire what Estates and Premises of which the Testator Sir Thomas Cave in the Pleadings named died seized are not included in the several Indentures of Settlement dated the Twenty-sixth Days of May One thousand seven hundred and ninety-one, I have been attended by the Solicitor for the Plaintiffs and by the Solicitors for the Defendants; and I find, by a State of Facts laid before me, that the said Testator Sir Thomas Cave, Baronet, being in December One thousand seven hundred and ninety seized in Fee Simple of divers Real Estates in the County of Leicester, subject to a Mortgage for Fourteen thousand five hundred Pounds to Sir Francis Henry Drake, Baronet, and being also at the same Time seized to him and the Heirs of his Body in divers other Real Estates in the Counties of Leicester and Northampton, subject to Two Mortgages for Six thousand Pounds and Five thousand Pounds to Robert Gosling, Esquire, and an Annuity of One thousand four hundred Pounds, payable to Dame Sarah Cave, his Mother; he the said Sir Thomas Cave did, in Hilary Term One thousand seven hundred and ninety-one, suffer a Common Recovery of the said Estates, wherein he had an Estate Tail, the Uses whereof were declared to enure to himself in Fee; and being thereby become seized of the said Estates in Fee Simple, he duly made his Will dated the Thirteenth of March One thousand seven nundred and ninety-one, which was executed and attested in such Manner as is required to pass Real Estates, and thereby, in case of his Death without Issue living at his Death, he gave and devised all that his Mansion House called Stanford Hall, with the Park thereto belonging, and all his Manors of Stanford, Wester Hill, and Stormesworth, and also his Rectory of Stanford and Advowson of the Church of Stanford, and all his Messuages or Tenements, Tithes, Lands, and Hereditaments situate in Stanford, Downton, Wester Hill, and Stormesworth aforesaid, in the said Counties; and also all those his Manors of Swinford and South Kilworth, with the Advowson of the Church of Swinford, and also his Impropriate Rectory of Swinford, and all his Messuages or Tenements, Farms, Lands, Tithes, and Hereditaments in Swinford and South Kilworth aforesaid; and also all that his Manor at Husband's Bosworth in the said County, and his Advowson of the Vicarage of Thedingworth in the said County; and also all other his Real Estate (subject to such Jointure or Jointures as he might there.. after make upon the Woman he might happen to marry), unto the said Defendants, |