Lt Col George James Robarts CB

   Cause of his death was a long and severe illness.

  General Notes:

I George James Robarts being of sound mind and understanding do write and make this my last will and testament written in my own hand writing.

I will and direct that all my property in the public funds of Great Britain my public funds of France as also my East India stock together with my leasehold property (consisting of five houses in the Borough of Wallingford) as also a mortgage on the freeholds above and premises of one John Caid {?} Publican and barbellec {?} of the said Borough of Wallingford be sold and disposed of by my executors thereafter named so as to form one grand or principal sum or fund of money out of which capital funds I will and bequeath the following sums.

I will and bequeath to Mary Ann Harben at present residing at No 57 Welbeck Street the sum of one thousand pounds sterling for her own absolute use and I direct that my executors pay the said legacy of £1000 to the said Mary Ann Harben as soon after my decease as convenient and I so further direct and will that this said legacy of £1000 to be paid to the said Mary Ann Harben free of the legacy duty by my executors who I hereby direct will pay the said duty out of the sums to which I will and bequeath especially for this purpose.

I will and bequeath to Abraham Wildey Robarts and Charles Mills Jnr of Birchin Lane in trust for the benefit and use of Mary Ann Harben the sum of eight thousand pounds which I direct may be laid out in the manner they my executors may think most advantageous to produce the best interest to the interest and purpose that the interest of the said eight thousand pounds may be enjoyed and applied to the use and for the benefit of the said Mary Ann Harben giving the term of her natural life. I direct and will that my executors so pay the legacy duty arising out of this annuity.

Whereas by a deed of settlement dated the 11th April 1823 I did give and place in the hands and names of trustees in the said deed the sum of four thousand pounds 3 per cent console for the use and benefit of Mary Ann Harben during the term of her natural life now I do will and bequeath the said sum of ten thousand 3 per cent console after the decease of Mary Ann Harben to be equally divided between her two children hereafter named viz Georgiana Charlotte Harben Robarts and her infant brother not yet baptised but whom I purpose to name James George Harben Robarts for their joint use and benefit for. In the event of said children dying before they attain the age of twenty one years I then will and bequeath the said ten thousand pounds 3 per cent console to the survivor or in case they both die before they attain the age of twenty one years I then will and bequeath the said ten thousand pounds 3 per cent console to my nephew Henry Robarts and his heirs forever.

In life moreover {?} I will and bequeath to my two children Georgiana Charlotte Harben Robarts and George (James) Harben Robarts after the decease of their mother Mary Ann Harben in equal proportions the sum of eight thousand pounds before named in this my will and testament subject to the same provision as directed in the above paragraph viz in default of the said children dying before they reach the age of 21 years of age I then will and bequeath the said sum of eight thousand pounds to my nephew Henry Robarts and his heirs forever.

I will and bequeath to Mary Ann Harben all the remainder of my term and lease of the house situated at No 57 Welbeck Street together with all the furniture, books, plate, linen, china or porcelaine, wine, and bottles that my be in the said house or in any other house belonging to me at the time of my decease in which the said Mary Ann Harben may actually reside and I strongly recommend the said Mary Ann Harben to leave and bequeath all the above property after her decease to one or both of her children as she may think proper. I will and direct that my executors so pay all the legacy duties arising out of this property to the intent and purpose that the said Mary Ann Harben may enjoy it free of all encumbrances and deductions whatsoever.

I will and bequeath to my daughter Georgiana Charlotte Harben Robarts daughter also of the above named Mary Ann Harben the sum of ten thousand pounds sterling for her own absolute use and benefit providing that she attains the age of 21 years in default of this I will and bequeath the said ten thousand pounds sterling to her brother James George Harben Robarts provided also he attains the age of 21 years but in default of this I will and bequeath the said ten thousand pounds sterling to my nephew Henry Robarts and his heirs for ever.

On the legacies bequeathed to I will and to James George Harben Robarts the sum of ten thousand pounds sterling for his own absolute use and benefit providing that he attains the age of 21 years but in default of this I will and bequeath the said ten thousand pounds sterling to his sister Georgiana Charlotte Harben Robarts but I the event of one or both of them dying before they attain the age of 21 years I then will and bequeath to my nephew Henry Robarts and his heirs for ever.

I will and direct that the legacy duty Georgiana Charlotte Harben Robarts and James George Harben Robarts be paid by my executors out of the residue of my property.

George Francis Stuart Andrews the sum of ten thousand pounds sterling for his sole use and benefit providing that he attains the age of 21 years but in default thereof I will and bequeath the said ten thousand pounds sterling to my nephew Henry Robarts and his heirs for ever.

I constitute and appoint my brother Abram Wildey Robarts and my much esteemed friend Charles Mills Jnr of Birchin Lane trustees and guardians to the several persons before named in this my last will and testament and I earnestly implore and request that they would have the goodness to act and to attend particularly to the education and well being of Georgiana Charlotte Harben Robarts and see that she is properly and virtuously and properly brought up and educated. I further will and direct that the Georgiana C H Robarts is not on any account whatsoever to dispose of herself in marriage without the prior consent of her guardians either before or after she attains 21 years of age on pain of forfeiting two thirds of the value of the legacies bequeathed to her in this my will.

I earnestly recommend the said Georgiana Charlotte Harben Robarts and her brother to the favourable notice of my Mother, sisters and family in general and I hope and trust they will have some feeling or consideration for the circumstances of their birth and do all in their power to make them respectable and happy in life {the following three lines are heavily scored out and annotated "erased by myself George J Robarts" and are illegible}.

I will and bequeath to my sister in law Charlotte Robarts wife of Abram Wildey Robarts the sum of two hundred guineas as a token of my regard.

I will and bequeath to my Uncle the Rt Hon George Tierney and his wife Anna Maria Tierney the sum of one hundred pounds cash and their three children viz Maria, Madeline and George the sum of fifty pounds cash as a small token of my regard.

I will and bequeath to my brother in law John Madocks of Glanywern county of Denbigh the sum of one hundred pounds as a small token of my regard and remembrance.

I will and bequeath to my friend the Marquis of Salisbury all my guns firearms and shooting tackle of every description.

I will and bequeath my gold repeating watch makers (Le Roy of Paris) together with the chain, as also all my gold seals, medal of the Battle of Vittoria, as also my gold enamelled Cross as Companion of the Military Order of the State {?} to my daughter Georgiana Charlotte Harben Robarts.

I will and bequeath to my valet as also my head groom provided they have lived two years in my service at the time of my decease the amount of one years wages respectively as a legacy to be paid to them free of duty and I leave to the discretion of my executers to reward any other servants I may have out of the residue of my property.

I will and direct that all my just debts of whatsoever description be faithfully discharged by my executors as also the expenses attending my funeral which I most positively direct may be as plain as possible to consist merely of the hearse drawn by one pair of horses and one or two mourning coaches as may be necessary in like manner drawn by one pair of horses.

I will and bequeath to my valued friend Charles Mills Junior the sum of three hundred guineas to purchase a piece of plate or any other article he may think proper as a small token of my regard.

After the payment of all my debts, funeral expenses and legacies contained in this my last will and testament I constitute and appoint my brothers and sisters that may actually survive me joint residuary legatees to inherit and enjoy all the remainder of my property which I will and bequeath in the following manner viz one half to my eldest brother Abram Wildey Robarts and the other half in equal proportions to my brother James and my surviving sisters.

I constitute and appoint my brother Abram Wildey Robarts and Charles Mills Junior executors to this my last will and testament which is written on five sheets of common writing paper definitely in my own handwriting. Having thus arranged my worldly affairs I most earnestly and devoutly implore the mercy of my Creator for the remission of any manifold sins and for a joyful resurrection in the world to come and I hope to depart this life in the same peace and goodwill to all them as I feel at this moment of writing.

This my last will and testament is written on five sheets of common writing paper (in following numbers) this twenty fourth day of November in the year of our Saviour 1823 and each sheet is signed by myself with my hand George James Robarts 24 November 1823 witnesses.

I hereby add this codicil to my last will and testament this eighteenth day of January 1824. I will and bequeath to my nephew Henry Robarts (second son of my brother Abraham) all my plate which is deposited at the banking house and which I purchased of my deceased and lamented brother William Tierney Robarts. I also give and bequeath to the said Henry Robarts my nephew all my books, maps, bronzes etc etc which are at present in Grosvenor Street with the exception of a small edition of the British poets in one hundred volumes which I will and bequeath to Georgiana Charlotte Harben Robarts I also give and bequeath the said Charlotte Harben Robarts a small case containing a set of instruments for the teeth which formerly belonged to Joseph Napoleon Bonarparte and was taken out of his carriage with the baggage at the Battle of Vitoria in Spain George James Robarts 18 Jany 1824 Lower Grosvenor Street.

Appeared personally Thomas London of Lombard Street London Gentleman and Reuben Baldwin of the same place Gentleman and made oath that they knew and were well acquainted with George James Robarts late of Lower Grosvenor Street in the county of Middlesex Esquire Lieutenant Colonel in his Majesty's army deceased and with the manner and character of his handwriting and subscription having frequently seen him write and write and subscribe his name and having now carefully viewed and perused the paper writings hereunto {illegible} purporting to be and contain the last will and testament with a codicil theretoof the said deceased. The said will beginning thus "I George James Robarts being of sound mind and understanding do write and make this my last will and testament written in my own hand writing." ending thus "this twenty fourth day of November in the year of our Saviour 1823 and each sheet is signed by myself with my hand" and thus subscribed "George James Robarts 24 November 1823" and having the word witnesses at the end thereof and having observed the names George James Robarts written in the margins of the first side of the first, second, third and fourth sheets of paper on which the said will is written and in the margin of the third side of the said third sheet and having also observed the words "the said" {illegible} between the fourteenth and fifteenth lines of the said second sheet over the words "either of the said" which are obliterated in the said fifteenth line the words "or both" written over the words "or either" which are obliterated in the first line of the said third sheet the words "erased by myself George James Robarts" written under an obliteration of the thirteenth, fourteenth, fifteenth and part of the sixteenth line of the third side of the said third sheet and part of the twelfth line of the first side of the said fourth sheet the said codicil being written under conclusion of the said will on the said fifth sheet and beginning thus "I hereby add this codicil to my last will and testament this eighteenth day of January 1824" ending thus "and was taken out of his carriage with the baggage at the Battle of Vitoria in Spain George James Robarts 18 Jany 1824 Lower Grosvenor Street" and thus subscribed "George James Robarts" they lastly made oath that they verily and in their consciences believe the whole body {illegible} and contents of the said will and codicil beginning and ending respectively as aforesaid together with the names "George James Robarts" set and subscribed to the said will and codicil and so as aforesaid several times written in the margin of the said will and also the several above merited interlicatious {?} and additions to be all of the proper handwriting and subscription of the said George James Robarts deceased of London - signed T London, R Baldwin on the 27th day of October 1829 the said Thomas London and Reuben Baldwin were duly sworn to the truth of this affidavit by me John Danberry.

Proved at London with a codicil 30th October 1829.

Reports of Cases Decided in the High Court of Chancery

CASES IN CHANCERY. 558

ROLLS.-1830; May 26. MILLS v. ROBARTS.

Where a testator gives legacies to children, provided they attain twenty-one, with a gift over if the children die before twenty-one, and appoints trustees and guardians to the children, with a request that they will attend to their education, the children are entitled to the interest of their legacies for their maintenance and education, until they attain twenty-one or die under that age.

GEORGE JAMES ROBARTS by his last will, after bequeathing a legacy to Mary Ann Harben, and giving to Charles Mills and Abraham Wildey Robarts a sum of £8OOO in trust, to pay to her the interest during her life, referred to a settlement which he had previously made of £10,000 three per cent. consolidated bank annuities for the benefit of Mary Ann Harben during her life, and then proceeded in the following words:- "

"I do will and bequeath this said sum of £1O.OOO three per cent. consols, after the decease of Mary Ann Harben, to be equally divided between her two children hereafter named : viz. Georgiana Charlotte Harben Robarts, and her infant brother not yet baptized, but whom I purpose to name, James George Harben Robarts, for their joint use and benefit for ever. In the event of the said children dying before they attain the age of twenty-one years, I then will and bequeath the said £10,000 three per cent. consols to the survivor; or in case they both die before they attain the age of twenty- one years, I then will and bequeath the said £10,OOO three per cent. consols to my nephew Harry Robarts and his heirs for ever. In like manner I will and bequeath to my two children, Georgiana Charlotte Harben Robarts and James George Harben Robarts, after the decease of their mother, Mary Ann Harben, in equal proportions, the sum of £8000 before named in this my will and testament, subject to the same provision as is directed in the above paragraph; viz. in the event of the said children dying before they attain twenty-one years of age, I then will and bequeath the said sum of £8000 to my nephew Harry Robarts and his heirs for ever."

" I will and bequeath," continued the testator in a subsequent part of his will, " to my daughter Georgiana Charlotte Harben Robarts, daughter also of the above named Mary Ann Harben, the sum of £1O.OOO sterling, for her own absolute use and benefit, provided she attains the age of twenty-one years ; in default of this, I will and bequeath the said £10,000 sterling, to her brother James George Harben Robarts, provided also he attains the age of twenty-one years, but in default of this, I will and bequeath the said £10,OOO to my nephew Harry Robarts and his heirs for ever. I will and bequeath to James George Harben Robarts the sum of £10,000 sterling, for his own absolute use and benefit, provided he attains the age of twenty-one years ; but in default thereof, I will and bequeath the said £10,000 sterling, to his sister Georgiana Charlotte Harben Robarts ; but in the event of one or both of them dying before they attain the age of twenty-one years, I then will and bequeath the said £10,OOO to my nephew Harry Robarts and his heirs for ever. I will and bequeath that the legacy duty on the legacies bequeathed to Georgiana Charlotte Harben Robarts, and James George Harben Robarts, be paid by my executors out of the residue of my property. I will and bequeath to George Francis Stuart the sum of £10,000 sterling, for his sole use and absolute disposal, provided he attains the age of twenty-one years ; but in default thereof, I then will and bequeath the said £10,000 to my nephew Harry Robarts and his heirs for ever. I constitute and appoint my brother Abraham Wildey Robarts, and my much esteemed friend Charles Mills, junior, of Birchin Lane trustees and guardians to the several persons before named in this my last will and testament : and I earnestly implore and request that they would have the goodness to act, and to attend particularly to the education and well being of Georgiana Charlotte Harben Robarts, and see that she is properly and virtuously brought up and educated ; and I further will and direct that the said Georgiana Charlotte Harben Robarts is on no account to dispose of herself in marriage without the previous consent of her guardians, either before or after she attains twenty-one years of age, on pain of forfeiting two-thirds of the value of the legacies bequeathed to her in this my will. I earnestly recommend the said Georgiana Charlotte Harben Robarts and her brother to the favourable notice of my mother, sisters, and family in general ; and I hope and trust, they will have some feeling consideration for the circumstances of their birth, and to do all in their power
to make them respectable and happy in life."

The testator concluded his will by bequeathing the residue of his property to his brothers and sisters, and appointing Charles Mills and Abraham Wildey Robarts his executors. The bill was filed by one of the executors ; and the question in the cause was, whether, the two children, Georgiana Charlotte Harben Robarts and James George Harben Robarts, were entitled to interest on their legacies of £10,000 each for their maintenance and education during their minorities.

Mr. J. Russell, for the plaintiff.

Mr. Pemberton and Mr. Roots, for the children of Mary Anne Harben: Though the legacies are given to the children, only provided they respectively attain the age of twenty one, the testator has placed himself in loco parentis towards these children, and they are entitled to the interest of the money for their support and maintenance. Inckdon v. Northcote,(a) Acherly v. Vemon.(b) These two children have no immediate provision, except the legacies in question. What, then, did the testator mean by appointing Mr. Robarts and Mr. Mills trustees and guardians to them, and requesting those gentlemen to take care of their education ? They could be trustees only of the legacies, and it was only out of the interest of the legacies that the expense of the education of the legatees could be defrayed. The testator, therefore, must have meant to postpone the possession, and not the vesting of the legacies. Branstrom v. Wilkinson.(a)

Mr. Tinney and Mr. Rolfe, for the residuary legatees:-These legacies are expressly given only on condition that the legatees attain twenty-one ; if they do not attain that age, there is no bequest to them, and all that was intended for them goes over to other persons. How, then, can they be entitled to any benefit from this bequest, until the annexed condition is fulfilled ? In Branstrom v. Wilkinson the legacy was given, when the child attained twenty-one ; and the father of the legatee was appointed trustee of the legacy during her minority. The word " when" is not so strong as the word " provided ;" and, though in the present case trustees are appointed, yet the trust is not expressly referred to the legacies of £10,000. The testator seems to have used the words " trustees" and " guardians" as synonymous. His object was to appoint guardians for these illegitimate children, who might superintend their education ; that was a purpose which he could not legally effect and it is difficult to conceive how the use of this vague term can control the clear unequivocal import of the words of direct bequest. The testator had made a large provision for the mother; and, upon her death, the principal, amounting to £18,000 consols, was to go to the children. The children might, during their minority, become entitled to this property; and, therefore, the appointment of trustees was not superfluous.

THE MASTER of THE ROLLS :-The testator appoints two gentlemen to be trustees and guardians of these children, and requests them to attend to their education ; and the case of Branstrom v. Wilkinson is an authority directly in point, that they are entitled to the interest of the sums given to them until they attain twenty-one, or die under that age. The same principle applies to the legacy given to George Francis Stuart.

  Research Notes:

1213. LIEUT.-CoL. GEORGE JAMES ROBARTS, C.B. CORNET 23d dragoons 8th Dec., 1803; Lieut. 19th Oct., 1804 ; Lieut. 10th dragoons 23d Nov., 1804 ; Capt. 3d April, 1806 ; Capt. 10th dragoons 25th April, 1806 ; Maj. 1st Aug., 1811; L.-Col. in the army 2d June, 1813; Maj. 7th light dragoons 12th Aug., 1810: he is now on the half-pay of the 9th dragoons. This officer served in Spain and Portugal, and commanded the 10th hussars at the battle of Vittoria, for which he has received a medal: he is a Companion of the Bath.

ROBARTS, LIEUT.-Col. GEORGE JAMES, C.B. sat for Wallingford in the Parliaments of 1820-26, resigning his seat in the latter parliament, in the same year that he was returned. Adopting the military profession he entered the army as cornet in the 23rd dragoons, in 1803; received his commission as lieutenant of the 10th dragoons, in 1804; was promoted to the rank of captain, in 1806; major, in 1811; brevet lieutenant-colonel, 2nd June, 1813; was appointed major of the 7th light dragoons, in 1819; and was subsequently on the half pay of the 9th dragoons. He served in Spain and Portugal, and commanded the 10th hussars at the battle of Vittoria, for which he received a medal. Mr. Robarts who was brother to A. W. ROBARTS, Esq. so many years M.P. for Maidstone (for whom see KENT) died the 16th October, 1829, in the 47th year of his age. His political principles were liberal.

The Royal Military Chronicle: Or, British Officers Monthly Register 1813

We have much satisfaction in being enabled to mention with so much just praise the name of Major Robarts ; a friend and contributor to this work, and to whom the army, in common with the country, is peculiarly indebted for embellishing the military character with all the chastities of Christian life. It is no small praise, in difficult times, to perform even the duties of an arduous profession; but it is a greater praise, and the proof of a noble mind, to carry a liberal and generous enthusiasm into such performance; and by thus outstripping the mere quantum of due service to become a benefactor instead of a servant. It does not belong to our uncourtly language to give a due eulogy to a character of this kind; but let the sincerity of our praise excuse any rusticity in our style. I pretend to nothing but to write my own language as it is spoken in good company.

¹⁷⁵

  Noted events in his life were:

• He worked as a MP for Wallingford, Berkshire from 6 Mar 1820 to 16 Dec 1826. Mr. Wells presented a petition from Maidstone, against any further concessions to the Catholics. The hon. member expressed himself inimical to any further grants to the Catholic body.

Mr. Robarts said, that, although the petition was carried at a very respectable meeting of the inhabitants of Maidstone, he was able to state, that a vast number of the people in that town entertained opposite sentiments with respect to religious toleration. He had formerly been adverse to what was commonly called Catholic emancipation, but, after having heard the speeches of the Attorney-general for Ireland, and of the Secretary of state for foreign affairs, his views had been entirely changed, and he much regretted that he had ever voted against the Catholic claims. So firm were his sentiments upon the subject, that as long as he should have a seat in that House, no consideration whatever would induce him to withhold his support from the measures intended to relieve the Catholics from their political disqualifications.

George had a relationship with Mary Ann Harben. (Mary Ann Harben was born in 1797 in Brighton, Sussex ³⁴ and died 1879 ? in Hendon Registration District ¹⁴².)