The Will of Thomas Augustus Cruwys of New Inn, Middlesex
6 April 1770
© Crown Copyright
National Archives Catalogue Reference PROB 11/956,
Records of the Prerogative Court of Canterbury, Jenner Quire Register Numbers: 102-151
Transcribed by Debbie Kennett
Thomas Augustus CRUWYS was the son of Samuel CRUWYS (1685-1747), FRS, a barrister at the Inner Temple and Lord of the Manor of Cruwys Morchard, and Susanna BRETTON of London. He was probably born in London in the early 1720s but no record of his baptism has so far been found. In 1750 Thomas was appointed as Solicitor to the Stamp Office (the forerunner of the Inland Revenue) following the retirement of his uncle Henry CRUWYS (1689-1760) of New Inn, London, and Hillersdon in Cullompton who had previously held the position. It was said that Thomas preferred his job to the "chains of a married state" and he appears to have been a bachelor when he died on 25th March 1770. Probate of his will was granted on 6th April 1770 at Doctors' Commons, London.
This is the last Will and Testament of me Thomas Augustus Cruwys of New Inn in the County of Middlesex Esquire. I give devise and bequeath all my Manors Lands Tenements Tythes and Hereditaments situate lying and being in the Counties of Devon and Middlesex or elsewhere in the Kingdom of Great Britain whereof or wherein I or any person or persons in Trust for me have or hath any Estate of Inheritance in ffee simple in possession Reversion Remainder or Expectancy with their and every of their Rights Royalties Members and Appurtenances unto Onesiphorus Sheere1 of Lovistone2 in the said County of Devon Gentleman Henry Brutton of Collumpton3 in the same County Gentleman and Ffrancis Colman of New Inn in the County of Middlesex Gentleman and their heirs to for and upon with uses Trusts Ends Intents and purposes and subject to such provisoes Conditions and Declarations as by any Revocation or Invocation absolute or Conditional Deed or Writing or Deeds or Writings duly executed and attested have or shall declare limit or appoint or any way express and for default of such Declaration Limitation or Appointment then to the use of the said Onesiphorous Sheere Henry Brutton and Ffrancis Colman their Executors Administrators and Assigns for and during the Term of five hundred years from thence next ensuing and fully to be compleat and ended upon the Trust and to and for the Ends Intents and purposes and subject to the provisoes and Declarations hereinafter mentioned expressed and declared of and concerning the same and immediately after the End Expiration or other sooner Determination of the said Term of five hundred years to the use of the first second third fourth fifth and all and every other son and sons of my own Body lawfully to be begotten severally successively and in remainder one after another in order and course as they respectively shall be in priority of Birth and the several and respective Heirs Entire of the Body and Bodies of all and every such Son and Sons lawfully issuing every Heir of such sons and the Heirs Male of his Body being always preferred and to take before a younger of them and the Heirs Male of his Body and in Default of such Issue to the use of all and every the Daughter and Daughters of my own Body lawfully to be begotten as Tenants in Common and not as joint Tenants and to the several and respective Heirs Male of the Body and Bodies of such Daughter and Daughters and in Default of such Issue To the use of the said Ffrancis Colman his heirs and assigns for ever subject nevertheless as hereinafter mentioned and I give and bequeath to the said Onesiphorous Sheere the sum of three hundred pounds and unto the said Henry Brutton the Sum of two hundred pounds and unto Elizabeth Hobbs my God Daughter and Elizabeth Hendy Daughter of Samuel Hendy of New Inn aforesaid Gentleman the sum of four hundred pounds a piece and to Samuel Lyon if living with me at the time of my death the Sum of one hundred pounds and I give and bequeath to each of my other Servants that shall be in my Service at the time of my death and hath lived with me one year preceding except my housekeeper Margaret Bowden for whom I have hereinafter provided one years wages over and above what shall be due to them respectively and my will is and I Do hereby declare that the said Manors Lands Tenements Tythes Hereditaments and Premises hereinbefore limitted to the said Onesiphorous Sheere Henry Brutton and Ffrancis Colman their Executors Administrators and assigns for the said Term of five hundred years are and were so limitted to them upon the Trusts and for the purposes and subject to the Declarations and provisoes hereinafter mentioned expressed and declared of and concerning the same Term that is to say upon Trust that they the said Trustees their Executors Administrators and Assigns shall and do in the first place by Mortgage or Device of a competent part of the premisses comprised in the said Term of five hundred years for all or any part of the term of by or out of the Rents and Profits of the same premisses in the mean time until such Sale or Mortgage shall be made or by all or any the Ways and Means aforementioned raise and levy such sum and Sums of Money as will be necessary and sufficient to answer pay and satisfy so much and such part of the just Debts I shall owe at the time of my death and the pecuniary Legacies in and by this my Will given and bequeathed and such other Legacies as I shall by any Codicil or Writing under my Hand hereafter give bequeath and dispose of as my personal Estate shall fall short or be deficient to pay and shall and do pay apply and dispose of the Money so to be raised in for and towards the supplying such Deficiency accordingly and I give and bequeath unto my Cousin Henry Shortrudge Cruwys one clear Annuity or yearly Sum of fifty pounds of Lawful Money of Great Britain payable out of all my said Manors Messuages Lands Tenements Hereditaments and premisses which I do hereby charge with the payment thereof subject nevertheless to the said Term of five hundred years clear of all Taxes and declarations whatsoever for and during the Term hereinafter mentioned to be paid into the proper hands of my said Cousin Henry Shortrudge Cruwys but not in the hands of any other person or persons whatsoever by four equal Quarterly payments in the year that is to say the twenty fifth Day of March the twenty fourth Day of June the twenty ninth Day of September and the twenty fifth day of December by even and equal portions the first of the said payments to be made on such of the said Daies as shall next happen after my decease and it is my express Will and Meaning that the said Annuity shall only continue to be paid and payable to my said Cousin Henry Shortrudge Cruwys in manner aforesaid during so many years of his Life as he my said Cousin Henry Shortrudge Cruwys shall not alien sell or assign the same to any person or persons whomsoever But if my said Cousin Henry Shortrudge Cruwys shall alien sell or assign the same or if my said Cousin Henry Shortrudge Cruwys shall at any time hereafter come to the possession and be wholly possessed of all or any part of my late Uncle Henry Cruwys's personal Estate to the Amount or Value of two thousand pounds Sterling Money of Great Britain or shall by Virtue of any Will Deed or Settlement made by John Cruwys Clerk be possessed or entitled to any part of the ancient Estate of the Cruwys's situate within the parish of East Morchard in the County of Devon or any other parish within the said County then and in either of such Cases the said Annuity shall cease determine and be utterly void because I mean to give [?] him the said Annuity upon a Supposition that the said John Cruwys will do nothing for him or that I may in my Life time compleatly lay out and invest the personal Estate of my late Deceased Uncle Henry Cruwys in Lands of Inheritance in ffee simple and the same shall sink into my Real Estate for the benefit of the person who shall be intitled to the same by virtue of this my Will and I give and bequeath unto my old servant Margaret Bowden one clear Annuity or yearly Sum of ten pounds for and during her natural Life the said Annuity to be chargeable upon and payable out of my said Real Estate subject nevertheless to the said Term of five hundred years as aforesaid without any Deduction or abatement for or in respect of any Taxes or other Impositions whatsoever at or on the ffeasts of Saint Michael the Archangel and the Annunciation of the Blessed Virgin Mary in every year by equal portions the first payment thereof to begin and be made at or on such of the said ffeasts as shall first and next happen after my decease and I do hereby will and direct that over and above the said annuity my Executors shall pay unto her immediately after my death the Sum of ten pounds that she may not be destitute of a Maintenance before the first payment of the said annuity shall commence And as to the Rest and Residue of my personal Estate whatsoever and wheresoever after payment of my ffuneral charges and the above Legacies except the said Annuities and also the costs and Charges of proving and executing this my Will I give and bequeath to my Executor hereinafter named and I make constitute and appoint the said Ffrancis Colman whole and sole Executor of this my last Will and Testament and I do hereby will and declare that my Trustees shall not nor shall either of them be answerable or accountable for any Moneys to be received by virtue of or under the Trusts hereinbefore declared any otherwise than each of them for such Sum and Sums of Money as he or they shall respectively actually receive and that no one of them shall be answerable or accountable for the acts Receipts Neglects or Defaults of the other of them and also that my said Trustees their respective Executors and Administrators shall and may out of the Estates and Effects hereby trusted in them respectively retain to and reimburse themselves respectively all Costs Charges Damages and Expenses that they respectively shall or may sustain or be put into in and about the Execution of the Trusts hereby in them respectively reposed and I do hereby revoke all former and other Wills by me made and declare this to be my last Will In Witness whereof I the said Thomas Augustus Cruwys the Testator have to this my last Will and Testament and also to a Duplicate thereof both of the same Tenor and Effect set my Hand and Seal the fifteenth Day of June in the ninth year of the Reign of our Sovereign Lord George the third King of Great Britain and in the year of our Lord one thousand seven hundred and sixty nine - Thos Augustus Cruwys - Signed Sealed published and declared by the said Thomas Augustus Cruwys the Testator as and for his last Will and Testament in the presence of us who at his Bequest have subscribed our Names as Witnesses hereto in his presence and in the presence of each other Thomas Darley of New Inn - George Mortimer - Cha: Lucas.
Whereas since the making of my last Will and testament bearing date the fifteenth Day of June last Mr Henry Brutton hath for and on the behalf of me bid and contracted for the absolute purchase of divers Messuages Lands Tenements and Hereditaments situate in Ponsford4 in the County of Devon late the Estate of Mr John Salter deceased at and for the price or Sum of £1000 Now by way of Codicil to my said Will I do hereby confirm the said Contract and do order and direct my Executor named in my said Will to carry the same into Execution as soon as conveniently may be and I do hereby give devise and bequeath all and singular the said premises so contracted for as aforesaid to such person and persons for such Estates Rights and Interest and to for and upon such uses trusts Intents and purposes and subject to such Charges and Limitations as are particularly mentioned and expressed in my said Will of and concerning all other my Manors Messuages Lands Tenements and Hereditaments therein contained and in all other Respects I do hereby ratify and confirm my said Will and declare this to be a Codicil thereto in Witness whereof I have hereunto set my Hand and Seal this twenty seventh day of July in the year of our Lord one thousand seven hundred and sixty nine Thos Augs Cruwys - Signed Sealed published declared and delivered by the said Thomas Augustus Cruwys as and for a Codicil to his last Will and Testament in the presence of us who in his presence and at his Request have hereunto subscribed our Names as Witnesses - George Mortimer - Geo. Ffrith - Cha: Lucas
This Will was proved at London with a Codicil on the sixth Day of April in the year of our Lord one thousand seven hundred and seventy before the Worshipful George Harmon [?] Doctor of Lawe and Surrogate of the Right Worshipful George Hay also Doctor of Lawe Master Keeper or Commissary of the prerogative Court of Canterbury lawfully constituted by the oath of Ffrancis Colman Esquire the sole Executor named in the said will to whom Administration of the Goods Chattels and Credits of the Deceased was granted he having been first sworn duly to administer.
1 He is probably the Onesiphorous Sheer who was baptised on 21st January 1719 at St James's Church, Huish by Hatherleigh, Devon, the son of Onesiphorous and Grace Sheer.
2 Lovistone is a barton in the parish of Huish.
4 Ponsford is a small hamlet in the parish of Cullompton.
Acknowledgement: I would like to thank Elizabeth Glover Howard for her invaluable advice and assistance.