Will of
Collingwood (Little Coll) 
Banks
1734 - 1755, 5th Apr 1755

proved 5 July 1756

In the name of God Amen I Collingwood Banks of Christ Church in [sic]
being of sound mind though of weak body do make my last Will and
Testament vizt. After the payment of my just debts funeral expenses
and the legacies hereinafter bequeathed I give all my money and
securities for money goods chattels and personal estate and whatsoever
else I have power to dispose of unto my brother Robert Banks
Hodgkinson Esqr and Thomas Wallis of Lincoln's Inn in the County of
Middlesex Esqr their executors administrators and assigns Upon the
trusts and for the purposes following vizt. In trust for my brother
George Banks during his life and from and after his decease in trust
for such child of the said George Banks lawfully begotten male or
female as shall be living at the time of his death and shall first
attain the age of 21 years and the executors and administrators of
such child and in the meantime in trust to apply the interest and
produce thereof from and after the decease of the said George Banks to
and for the use and benefit of the eldest child of the said George
Banks male or female until such child of the said George Banks shall
attain his or her age of 21 years And in case the said George Banks
shall leave no child lawfully begotten who shall live to attain the
said age of 21 years then in trust for my sister Mrs Margaret Banks
during her life and from and after her decease in trust for
such daughter of the said Margaret Banks as shall be living at the
time of her death and shall first attain the age of 21 years and the
executors and administrators of such daughter and in the meantime to
apply the interest and produce thereof from and after the decease of
the said Margaret Banks to and for the use and benefit of the eldest
daughter of the said Margaret Banks for the time being until some
daughter of the said Margaret Banks shall attain her age of 21 years
And in case no daughter of the said Margaret Banks shall attain the
age of 21 years then in trust for such son of the said Margaret Banks
as shall be living at the time of her death and shall first attain the
age of 21 years and the executors and administrators of such son and
in the meantime to apply the interest and produce thereof to and for
the use and benefit of the eldest son of the said Margaret Banks for
the time being until some son of the said Margaret Banks shall attain
his age of 21 years And in case the said Margaret Banks shall leave no
child who shall live to attain the age of 21 years then in trust for
my sister Mrs Maria Letitia Banks during her life and from and after
her decease then in trust for such daughter of the said Maria Letitia
Banks as shall be living at the time of her death and shall first
attain the age of 21 years and the executors and administrators of
such daughter and in the meantime in trust to apply the interest and
produce thereof from and after the decease of the said Maria Letitia
Banks to and for the use and benefit of the eldest daughter of the
said Maria Letitia Banks for the time being until some daughter of the
said Maria Letitia Banks shall attain her age of 21 years and in case
no daughter of the said Maria Letitia Banks shall attain the age of 21
years then in trust for such son of the said Maria Letitia Banks as
shall be living at her death and shall first attain the age of 21
years and the executors and administrators of such son and in the
meantime in trust to apply the interest and produce thereof to and for
the use and benefit of the eldest son of the said Maria Letitia Banks
for the time being until some son of the said Maria Letitia Banks
shall attain the age of 21 years And in case the said Maria Letitia
Banks shall leave no child who shall five to attain the age of 21
years then in trust for my brother William Banks Esqr during his life
and from and after his decease in trust for such youngest child of the
said William Banks male or female as shall be living at his death and
shall attain the age of 21 years and in the meantime in trust to apply
the interest and produce thereof to and for the use and benefit of the
youngest child of the said William Banks male or female for the time
being until the youngest child male or female of the said William
Banks shall attain his or her age of 21 years Provided always and my
will is in case such youngest child shall be a daughter and shall
marry in the lifetime of the said William Banks without his consent or
in case the said William Banks shall leave no youngest child who shall
live
to attain his or her age of 21 years then and in either of the said
cases I give all my said money and securities for money goods chattels
personal estate and whatsoever else I have power to dispose of (after
payment of my just debts funeral expenses and the legacys hereinafter
bequeathed as aforesaid) unto my said brother William Banks his
executors administrators and assigns absolutely 1 further give to my
said brother William Banks 30 guineas to buy a diamond ring and to my
brothers Robert Banks Hodgkinson and Thomas Wallis 10 guineas apiece
for the like purpose To my sisters Sarah Banks Maria Letitia Banks Mrs
Hawley and Margaret Banks 5 guineas apiece for the like purpose To my
uncle and aunt Collingwood and to Mr Joseph Banks 3 guineas apiece for
the like purpose To Col William Hooke James Agar Esqr Joseph Musgrave
Esqr Mr Pemberton and Mr Weston Students of Christs Church a common
mourning ring apiece To my dear brother in law Doctor James Hawley 40
guineas to buy a piece of plate as a small acknowledgment of his great
care and tenderness of me and as a testimony of my great regard and
affection for him I likewise give a ring to the Reverend Mr Holliwell
Student of Christ Church as a mark of my friendship and regard for him
I direct my Trustees either to pay or secure unto Mrs Kirkham of Kirby
in Lincolnshire Widow during her life the yearly sum of "12 free from
all taxes and deductions by quarterly payments at the four usual
feasts vizt Michaelmas Christmas Lady day and Midsummer day and that
the first of the said payments shall begin and be made on such of the
said quarter days as shall first happen next after my decease I make
my said Trustees Robert Banks Hodgkinson Esqr and Thomas Wallis Esqr
joint executors of this my last Will hereby revoking all other wills
by me at any time heretofore made In case I die in Oxford I desire to
be buried privately in Christ Church my will is that my said trustees
out of my personal estate shall reimburse themselves such costs
charges and expenses as they may respectively sustain by reason of the
execution of the trusts hereby in them reposed And that my said
trustees shall not be answerable for any loss that may happen in the
execution of the said trusts so as the same happen without their
wilful default and that the}' shall not be answerable one for another
nor for the acts receipts or defaults of the other but each of them
for his own acts receipts and defaults only In Witness whereof I the
said Collingwood Banks have set my hand to this last sheet of my will
which is contained on four sheets of paper this 5th day of April in
the year of our Lord 1755 Collingwood Banks Signed published and
declared by the said Testator Collingwood Banks as and for his last
will and testament in the presence of Jas. Hume John Stevens Proved in
the Prerogative Court of the Archbishop of Canterbury by the said R.
B. Hodgkinson and Thos Wallis the Executors the 5th July 1756.