Document Reference: Will of Robert CUBITT, other family names mentioned

Transcribed by: Patricia Banks
Date Added: September 25, 2002

Will of Robert CUBITT of Brunstead; mentioning several CUBITT descendents and Martha who was married to Thomas COCK of Bacton.



In the Name of God Amen I Robert CUBITT of Brunstead in the County of Norfolk, yeoman, being at this time Weak in body, but of Perfect Disposing Mind and Memory, thanks be given to God for the same, Do make and Ordain this my last Will and Testament in manner and form following

First of all I recommend my Soul into the hands of Almighty God that gave, and my Body I recommend to the Earth to be Buried in a Christian like and Decent manner at the Discretion of my Executors herein after named and as touching such Worldly Estate wherewith it hath pleased God to bless me with in this life I give and Dispose of as follows, Item all and every my Houses, Lands, Tenements, and Hereditaments whatsoever as well Copyhold as freehold Scituate lying and being in Honing and Edingthorpe or any Town or place whatsoever in the County aforesaid.

I give and bequeath unto my beloved son Thomas CUBITT and to his heirs and or assigns forever, Providing and upon Condition that he, the said Thomas CUBITT, my Son, his heirs or assigns do truely pay or cause to be paid these legacys or Sums of Money by me herein after given to such Persons as I shall give and Bequeath the same as followeth.

Item I give and Bequeath unto my beloved Daughter, Mary CUBITT, the just sum of One Hundred and fifty Pounds of good and lawfull money of Great Britain to be paid to her within one year next after my decease.

Item I give and Bequeath unto my beloved Daughter, Martha, the wife of Thomas COCK of Bacton, the Just Sum of fifty Pounds of good and lawful Money of Great Britain to be paid to her within two years next after my decease, Both which Legacies or Sums of Money by me above Bequeathed I will shall be paid and performed by the above named Thomas CUBITT, my son, his Heirs or assigns in or at the Porch of the Parish Church of Honing aforesaid at the times of above mentioned for the payment thereof

But my Mind and Will further is that if the said Thomas CUBITT, my son, his heirs, or assigns shall make any default in of payment of either the said Legacies or Sums of Money by me above Bequeathed at the times above mentioned for the Payment thereof contrary to the true intent and meaning of this my Will That then and from thence forth it, shall and may be lawfull to and for my said legatees or either of them to whom Default of payment shall be made into the Promises above Bequeathed to the said Thomas CUBITT, my Son, his Heirs, and assigns to enter and the Sums every part thereof to hold, possess, and enjoy until with the clear Rents, Issues and Profitts they or either of them shall be fully paid and satisfied together with such Charges as they shall Sustain by,reason of Non Payment thereof.

Item I give and Bequeath unto my Grand Daughter, Hannah CUBITT, Daughter of the above said Thomas CUBITT, my son, the Just Sum of Ten Pounds of lawfull Money of Great Britain to be paid to her by my Executors hereafter named as soon as she shall attain to the age of twenty one years if she shall so long live.

All the Rest and Residue of my Goods, Chattels and Personal Estate whatsoever not before given I Give and Bequeath unto my two sons, James CUBITT and Robert CUBITT, to be equally Divided between them, share and share alike, and I do hereby Nominate, Constitute, and Appoint the said James CUBITT and Robert CUBITT, my sons, Executors of this my last will and testament they taking my debts and paying my debts and causing my body to be decently buried.

And I do hereby Disannull, revoke, and make void all other Wills by me heretofore made Declaring this only to be my last Will and Testament contained on one Sheet of Paper.

In witness whereof I have hereunto Set my hand and Seal this Ninth day of May in the year of our Lord, according to the Computation of the Church of England, One Thousand Seven Hundred and forty four. Robt. Cubitt

Signed, Sealed, Published and Declared by the said Testator to be his last Will and Testament in presence of us Eliz: GRAND, Elizabeth WRIGHT, her mark, John MARSTON.

Proved by James CUBITT, one of testators, of 10th Nov 1744. power reserved for the other.