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Noble Arrowsmith sailed on the Adventure as an Able Seaman on the Second Voyage. He was born in London in 1749, possibly near Leadenhall Market where his mother is listed as living in his will. He died in 1780 when serving on HMS Resource. He was probably unmarried as only his mother is mentioned in his will.
The will of NOBLE ARROWSMITH (proved on 03 May 1781 (11/1077)).
In the Name of God Amen, I Noble Arrowsmith, belonging to his Majesty's Ship Resourse, Patrick Fothringham Esqr. Commander, being of sound and disposing Mind and Memory do hereby make this my last Will and Testament
First, and Principally I commend my Soul into the hands of Almighty God, hoping for Remission of all my Sins through the Merits of Jesus Christ my blessed Saviour and Redeemer, and my Body to the Earth or Sea as it shall please God, and as for such worldly Estate and Effects which I shall be possessed of or entitled unto at the time of my decease -
I give and bequeath unto my Mother, Elizabeth Arrowsmith, living in Leadenhall Market, London, all such Wages, Sum and Sums of Money as now is or hereafter shall be due to me for my service or otherwise on board the said Ship, or any other Ship or Vessel
And do hereby nominate, constitute and appoint my said Mother, Elizabeth Aroowsmith Executor of this my last Will and Testament. And I do give and bequeath unto my said Executor all the rest and residue of my Estate whatsoever, both real and personal, hereby revoking and making void all other and former wills by me heretofore made, and do declare this to be my last Will and Testament. In Witness whereof I have hereunto set my hand and Seal this second day of November in the year of our Lord one thousand seven hundred and seventy eight, and in the (left blank) year of the Reign of our sovereign Lord George the third by the Grace of God of Great Britain, France and Ireland King, Defender of the Faith &c. Noble Arrowsmith.
Signed, Sealed, Published and declared by the said Noble Arrowsmith as and for his last Will and Testament in the presence of us who have hereunto subscribed our Names as Witnesses in the presence of the said Testator Pat. Fothringham, M Robinson.
This Will was proved at London on the third day of May in the year of our Lord one thousand seven hundred and eighty one before the Worshipful Francis Simpson, Doctor of Laws, Surrogate of the Right Worshipful Peter Calvert, Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oath of Elizabeth Arrowsmith, Widow, the Mother of the deceased and sole Executrix named in the said Will to whom Administration was granted of all and singular the Goods, Chattels and Credits of the said deceased she having been first sworn duly to administer.
John Baptisto joined the Endeavour at Jakarta for the final stages of Cook's First Voyage. Nothing is known about him prior to that. His will, below, shows he remained in the Navy. The will also records his wife living at Stoke Demarel, just outside Plymouth and Devonport.
The will of JOHN BAPTISTO (otherwise BAPTIST) (proved 14 October 1797 (11/1296)).
In the Name of God Amen, I John Baptisto, Cook of His Majesty's Ship Swiftsure, Number 35 on the Ships Books, being in bodily Health and of Sound and Disposing mind and memory, and considering the Perils and Dangers of the Seas and other uncertainties of this transitory Life do, for avoiding controversies after my Decease, make, publish and declare this my Last Will and Testament in manner following, that is to say -
First, I recommend my Soul to God that gave it and my Body I commit to the Earth or Sea as it shall please God to Order, and as for and concerning all my Worldly Estate, I give, bequeath and Dispose thereof, that is to say -
After my just Debts are Paid, all such Pension, Wages, Sum and Sums of Money, Lands, Tenements, Goods, Chattels and Estate whatsoever as shall be any ways due, owing, or belonging unto me at the time of my Decease, I give, devise and bequeath the same unto my beloved Wife Ann Baptisto, now Residing in the Parish of Stoke Damerel in the County of Devon.
And I do hereby Nominate and Appoint John Church of the said Parish of Stoke Damerel, Navy Agent, to be the Sole Executor of this my last Will and Testament, hereby revoking all former and other Wills, Testaments and Deeds of Gifts by me at any time heretofore made. And I do ordain and ratify these Presents to Stand and be for and as my only last Will and Testament. In Witness whereof to this my said Will I have set my hand and Seal the eleventh day of July in the year of our Lord one thousand seven hundred and ninety three, and in the thirty third year of the Reign of his Majesty King George the third over Great Britain, etc. John Baptisto. X his Mark.
Signed, Sealed, Published and Declared in the presence of us Chas. Boyles Captn. - Noel Swiney, Purser, - William Dee, Boatswain, - Saml. Northesk.
On the fourteenth day of October in the year of Our Lord One thousand and Seven hundred and Ninety Seven, Admon. with the Will annexed of all and Singular, the Goods, Chattels and Credits of John Baptisto otherwise Baptist late of Plymouth in the County of Devon and a Seaman belonging to His Majesty's Ship Le Caton (?) deceased, was granted to Ann Baptisto, Widow, the Relict of the said deceased and the Universal Legatee named in the said Will, John Church the Sole Executor therein named having first Renounced the Execution of the said Will having been first Sworn duly to Administer.
Robert Barber was born in Kilkenny in Ireland in 1749. He sailed on the Adventure as quartermaster during the Second Voyage. He was still in the Navy when he died in 1783.
The will of ROBERT BARBER (proved 20 July 1783 (11/1105)).
In the Name of God Amen, I Robert Barber, Master of his Majesty's Ship the Mercury, now lying at Deptford in Kent, being in bodily health and of sound and disposing mind and memory, and considering the perils and dangers of the Seas and other uncertainties of this Transitory Life, do for avoiding Controversies after my decease, make, publish and declare this my last Will and Testament in manner following, that is to say -
First, I recommend my Soul to God that gave it and my body I commit to the Earth or Sea as it shall please God to order, and as for and concerning all my Wordly Estate, I give, bequeath and dispose thereof as followeth, that is to say -
All my Prize Money, Wages, Sum and Sums of Money, Lands, Tenements, Goods, Chattels and Estate whatsoever as shall be any ways due, owing or belonging unto me at the time of my decease, I do give, devise and bequeath the same unto my two Sisters Mary Barber and Ann Barber, equally to be divided between them, share and share alike.
And I do hereby nominate and appoint my said Sisters Mary Barber and Ann Barber Joint Executrixes of this my last Will and Testament, hereby revoking all former and other Wills, Testaments and deeds of Gifts by me at any time heretofore made. And I do ordain and ratify these presents to stand and be, for and as my only last Will and Testament. In Witness of to this my said Will I have set my hand and Seal this twenty ninth day of December, in the year of Our Lord One thousand Seven hundred and Seventy nine, and in the twentieth year of the Reign of his Majesty King George the third, King over Great Britain &c. Robt. Barber.
Signed, Sealed, published and declared in the presence [ ] Darkin, Rd. Hall, Thos. Chapman.
This Will was proved at London the twentieth day of July in the year of Our Lord One thousand Seven hundred and Eighty three, before the Worshipful John Fisher, Doctor of Laws and Surrogate of the Right Worshipful Peter Calvert, Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury, lawfully constituted by the Oath of Ann Barber Spinster, the Sister and one of the Joint Executrixes named in the Will of the deceased, to whom Administration was granted of all and singular the Goods, Chattels and Credits of the said deceased, she having been first sworn duly to Administer. Power reserved of making the like grant to Mary Barber Spinster, the Sister also of the said deceased and the other Executrix named in the said Will when she shall apply for the same.
The will of WILLIAM BAYLY (proved 11 February 1811 (11/1519)).
This is the last Will and Testament of me William Bayly, late First Master of the Royal Academy in his Majesty's Dock Yard near Portsmouth and now residing near Portsea in the County of Southampton. Whereby I humbly commend my Soul to God to dispose of all my Worldly Estate & Effects in manner following, that is to say
- I give and bequeath unto my niece Mary Dark of Market Lavington in the County of Wilts, Widow, the Sum of four hundred pounds Stg (Sterling), and for her own proper use & benefit,
- I give and bequeath unto her Son Emanuel Dark the Sum of Five Hundred pounds Sterling,
- & the like Sum of Five Hundred pounds Sterling unto James Dark another of the Sons of the said Mary Dark,
- and the Sum of Four hundred pounds Sterling unto each of the daughters of the said Mary Dark as shall be born and living at the time of my decease & for their several & respective uses and benefit,
- I give & bequeath unto my Nephew Joseph Bayly, Son of my late Brother Joseph Bayly of Market Lavington aforesaid the Sum of One thousand pounds Sterling to & for his own proper use & benefit,
- I also give unto my friends Col. Mark Beaufoy of Hackney Wick in the County of Middx. and Thos. Mease of Wilton in the County of Wilts, Carpet Manufacturer, their Exors, Admors and Assigns the Sum of One thousand pounds Stock in the Navy five per Cent Anns. Upon Trust that they, the said Mark Beaufoy and Thomas Mease or the Survivor of them, or the Exors or Admors of such Survivor, do and shall pay and apply the Dividends and Interest thereof from time to time as the same shall become due and payable, unto my said Nephew Joseph Bayly & his assigns, for and during the term of his natural life, and from and after his decease, do and shall pay & apply the dividends and produce of the said Sum of One thousand pounds Navy five per Cent Anns. unto Elizabeth Bayly, the present wife of the said Joseph Bayly for & during the term of her natural life or so long thereof as she shall continue his Widow, and from & immediately after her decease or second Marriage upon Trust to have for & pay the said One thousand pounds Navy five per cent Anns. unto such of the Children of my said Nephew Joseph Bayly as shall be living at the decease of the survivor of them my said nephew Joseph Bayly and Elizabeth his Wife, or at the second Marriage of her the said Elizabeth Bayly, to be equally divided between them if more than one share & share alike and in case there shall be no child or children of my said Nephew Joseph Bayly living at the decease of the survivor of them the said Joseph Bayly and Elizabeth his Wife or at the second marriage of her the said Elizabeth Bayly, then it is my Will that the sd. Sum of One thousand pounds Navy five per Cent Anns. shall sink into and become part of the Residue of my Personal Estate.
- I also give and bequeath unto each of the sons of my said Nephew Joseph Bayly who shall be born and living at the time of my decease the Sum of Five hundred pounds Sterling to & for their several and respective use & benefit to be transferred or paid to them as they shall respectively attain the age of twenty one years, the Dividends or Interest in the mean while to be paid and applied for or towards their Maintenance & Education, provided always that in Case any or either of the Sons of my said Nephew Joseph Bayly who shall be born and living at the time of my decease shall depart this Life under the age of twenty one years it is my Will that the Legacy or respective Legacies of Five hundred pounds of him or them so dying shall sink into & become part of the Residue of my Personal Estate
- I also give & bequeath unto each of the Daus. of my said Nephew Joseph Bayly who shall be born & living at the time of my decease the Sum of Four hundred pounds Sterling to and for their several & respective uses & benefit, to be transferred or paid to them at their respective ages of twenty one years or days of marriage which ever Event shall first happen, the dividends or interest in the mean while to be paid & applied for or towards their Maintenance & Education, provided always that in Case any or either of the Daus. of my said Nephew Joseph Bayly born and living at the time of my decease shall depart this life under the age of 21 Years & unmarried the Legacy or Legacies of Four hundred pounds of her or them so dying shall sink into & be deemed part of the Residue of my Personal Estate,
- I give and bequeath unto Priscilla Maslin, the daughter of my late Nephew Thomasd Maslin of All Cannings in the County of Wilts, the Sum of Four hundred pounds Sterling to & for her own use and benefit, to be transferred or paid to her at the age of twenty one years or day of Marriage which ever Event shall first happen, the dividends and interest in the mean time to be paid and applied for or towards her Maintenance and Education provided always that in Case the sd. Priscilla Maslin shall depart this Life under the age of twenty one Years and unmarried the said Legacy of Four hundred pounds so bequeathed to her as aforesaid shall sink into & be deemed part of the Residue of my Personal Estate,
- I give and bequeath unto Sarah Maslin, the widow of my said late Nephew Thomas Maslin the Sum of One hundred pounds Sterling to & for her own proper use and benefit
- I give and bequeath unto Susannah Stephens, daughter of John Stephens of Pottern in the County of Wilts, Widow and Mealman (?) the Sum of Four hundred pounds Sterling to & for her own proper use and benefit to be transferred or paid to her at her age of twenty one years or day of Marriage, which ever Event shall first happen, the dividends and Interest to be paid and applied in the mean while for or towards her Maintenance and Education & Support provided always that if the said Susannah Stephens shall depart his Life under the age of twenty one Years and unmarried then & in such Case it is my Will and I do hereby direct that the said Sum of Four Hundred pounds Sterling so bequeathed to her as aforesaid shall sink & be deemed part of the Residue of my Personal Estate,
- I give & bequeath unto Louisa Pook, the daughter of James and Elizabeth Pook of Portsea aforesaid the Sum of Four hundred pounds sterling to be transferred and paid on her attaining the age of twenty one Years or day of Marriage which ever Event shall first happen, the dividends and interest thereof in the mean while to accumulate & go along with and be paid & transferred to the said Louisa Pook at the same time as the said Sum of Four hundred pounds so bequeathed to her as aforesaid, provided always that in Case the said Louisa Pook shall depart this Life under the age of twenty one Years and unmarried than I do hereby direct that the said Sum of Four hundred pounds so given to the said Louisa Pook as aforesaid together with all accumulations arising therefrom shall sink into & be deemed part of the Residue of my Personal Estate,
- I give and bequeath unto the said Mark Beaufoy and Thomas Mease their Exors, Admors & Assigns the Sum of One thousand pounds Navy five per Cent Anns. now standing in the transfer books kept for the same Anns. at the Bank of England in my Name under the description of William Bayly, Gent. of Hackney in the County of Middx., upon the several Trusts hereinafter mentioned and expressed of and concerning the same (that is to say) Upon Trust that they my said Trustees or the Survivor of them, his Exors or Admors do and shall duly authorize and permit my late Wife's Brother Robert Chittle of Leicester in the County of Leicester, Gent. and his Exors, Admors & Assigns to receive the Dividends and Interest of the said last mentioned Sum of One thousand pounds for & during the natural life of his sister Hannah Hulls upon condition and in order that he the said Robert Chittle his Exors, Admors or Assigns shall & do well & truly pay unto the said Hannah Hulls for and during the term of her natural Life the weekly Sum of fourteen Shillings to and for her own proper use and benefit, and from & immediately after the decease of the said Hannah Hulls Upon Trust that they, my said Trustees or the Survivor of them his Exors or Admors, do and shall transfer, assign & pay the said last mentioned Sum of One thousand pounds unto the said Robert Chittle his Exors, Admors & Assigns to and for his & their own proper use & benefit, provided always that if the said Robert Chittle his Exors, Admors or Assigns shall not well & truly pay the said weekly Sum of fourteen Shillings to the said Hannah Hulls as & when the same shall become due to her as aforesaid, then in such Case I direct that my said Trustees or the Survivor of them his Exors or Admors, shall and do, by and out of the Interest and Dividends of the last mentioned Sum of One thousand pounds pay the said weekly Sum of fourteen Shillings, or if my said Trustees or the Survivor of them his Exors or Admors shall think proper, do and shall pay the whole of such Dividends and Interest unto the said Hannah Hulls for and during the term of her natural Life, and after the decease of the said Hannah Hulls, if any part of the said Dividends or Interest shall remain unapplied by my said Trustees as aforesaid, the same shall be paid together with the said Sum of One thousand pounds unto the said Robert Chittle, his Exors, Admors or Assigns to and for his and their own proper use and benefit respectively.
- I give and bequeath unto each of my Exors, the said Colonel Mark Beaufoy and Thomas Mease, the Sum of One thousand pounds Sterling, to and for their own proper use and benefit respectively,
- I give and bequeath unto the said Colonel Mark Beaufoy one of my large Chromatic Telescopes, viz the one of 5 foot together with the apparatus thereto belonging, and it is my Will that the said Colonel Mk Beaufoy may also have as many of my manuscripts, Books & papers as he may think proper,
- And I also give unto my said friend Thomas Mease all my Southsea Curiosities contained in the box No. 1,
- And I give and bequeath unto Ann the Wife of the said Thomas Mease the Sum of two hundred pounds Sterling,
- I give and bequeath unto Hannah Bunking, Spinster Sister of the said Ann Mease the Sum of two hundred pounds Sterling,
- I give and bequeath unto Frances or Fanny Osman, who now keeps my house, for her Care and attention to me, the Sum of four hundred pounds Sterling, provided she remains with me until my decease, but in Case she quits my Service either by marrying or otherwise before I die, I give and bequeath to her only One hundred pounds Sterling, and I give to her provided she remains with me Five pounds Sterling to buy mourning, and also the bedstead & furniture on the second floor back Chamber, together with six months Wages,
- I give and bequeath to my man Servant and Maid Servant living with me at my decease each Five pounds Sterling to buy mourning, and also six months Wages
- And whereas the King has been lately pleased to grant unto me (in behalf of my Great Nephew William Henry Dark of Market Lavington in the said County of Wilts, one of the Sons of my said Niece Mary Dark) his Royal Licence and Authority, that he the sd. William Henry Dark and his Issue may take and use the Surname of Bayly instead of that of Dark, and also to bear the arms of Bayly, only Now I do hereby give and devise unto my said Great Nephew William Henry Dark, who by his Majys said Licence is authorized to take and use my Surname as aforesaid, all that my Leasehold Messuage with its Appurts, situate in Gloucester Street, Portman Square, in the Parish of Marylebone, in te County of Middx., now in the occupation of Mrs Gould or her undertenant Mr Holley, to hold the same to him, the said William Henry Dark, so authorized at aforesaid to take & use the Surname of Bayly, his Exors, Admors & Assigns for and during all my Estate Term and Interest therein,
- All and singular the Rest, Residue and Remainder of the personal Estate, Effects and Property which I shall be possessed of or entitled to or anyways interested in at the time of my decease, or over which I have any disposing power, whether the same consist of monies in the Funds or otherwise out on security at Interest, or of whatever description the same or any part thereof may be (after payment of my just debts, Funeral Exps. & the costs proving this my Will, and the Expences incidental to the Execution thereof and the Legacies hereinbefore given and bequeathed), I give and bequeath unto my said Great Nephew William Henry Dark so authorized as aforesaid to take & use the name of Bayly and such Son or Sons of my Nephew the said Joseph Bayly as shall be born and living at the time of my decease, to be equally divided between the said William Henry Dark and the Son or Sons of my Nephew the said Joseph Bayly, share and share alike,
- And I do hereby nominate and appoint the said Col. Mark Beaufoy and Thomas Mease, Exors of this my Will, provided always and it is my Will and I do hereby direct that my said Trustees and Exors. Shall not be answerable or accountable for any Loss that shall happen to all or any part of my Estate or Effects so as such Loss be not through their wilful neglect or default and that they shall reimburse themselves respectively all such Loss, Costs, Charges, damages and Expences as they or either of them shall be put unto or sustain in or about the Exorship. of this my Will or for or by reason of any Matter, Cause or Thing whatsoever relating to the same, and that one of them shall not be answerable or accountable for the other of them, or for the Accs., Receipts, Payments or Defaults of the other of them, but each of them for himself and for his own acts defaults Heirs, Exors & Admors only,
- And Lastly I do hereby revoke and make void all former & other will & wills by me at any time heretofore made & declare this only to be and contain my last Will and Testament. In Testimony whereof I the said William Bayly have hereto set my Hand and Seal (that is to say) my hand to the first five sheets hereunto annexed, and my hand and seal to this sixth & last sheet, in the twenty second day of September in the year of our Lord 1810 - Wm. Bayly.
Signed, sealed, published and declared by the said Wm. Bayly the Testator as & for his
last Will and Testament upon the day of the date in the presence of us who in his
presence and in the presence of each other and at his request have hereunto subscribed
our names as Witnesses
D Howard Chas. Fidlin
A Codicil to be added to and taken as part of the last Will and Testament of me William Bayly withinmentioned,
- whereby I give and bequeath unto my Friend James Bradly of Queen Street, Portsea, my new Transit Instrument with the apparatus therein & belonging,
- And I give and bequeath unto Ann Mease, wife of Thomas Mease of Wilton, and to Hannah Bunking of Turnham Green, Middx. all the wearing apparel and Trinkets belonging to my late Wife and daughter Louisa, to be equally divided between them
In Testimony whereof I have to this Codicil set my hand and Seal the 12th day of December 1810 - Wm Bayly
Signed, sealed, published and declared in the presence of
D Howard Chas. Fidlin
Proved at London with a codicil the 11th of Febry. 1811 before the Judge by the oaths of Thomas Mease & Mark Beaufoy Esqrs. the Exors. to whom Admon. was granted being sworn duly to Administer.
Bayly's will is annotated in the margin as follows: (*** Act)
On the 24th day of December 1829 Admon. with the Will and Codicil annexed of the Goods, Chattels and Credits of William Bayly, formerly First Master of the Royal Academy in his Majesty's Dockyard near Portsmouth, but late of Portsea in the County of Southampton, deceased, left unadministered by Thos. Mease and Mark Beaufoy respectfully deceased, whilst living the Executors named in the said Will, was granted to William Collins the sole Executor of the Will of Joseph Bayly deceased, whilst living the natural, lawful and only Son of Joseph Bayly (the Nephew) deceased, and as such, one of the residuary Legatees named in said Will having been sworn duly to Administer. John Thornhill and Henry Stone the Executors named in the Will of Mark Beaufoy (the serving Executor having renounced the Probate and Execution of the said Will - William Henry Dark otherwise Bayly the lawful great nephew and only other residuary Legatee having been first duly rited with the usual Intimation to accept or refuse - the letter of admon. with the Will and Codicil annexed of the unadministered goods of the said William Bayly deceased if he should by law be entitled thereto but in no wise appear. The said Joseph Bayly, the natural lawful and only child of Joseph Bayly (the Nephew) deceased as aforesaid being born and living at the time of the death of the said William Bayly, died without having taken upon himself the letter of Admon. (with the Will and Codicil annexed of the aforesaid unadministered Goods as by Acts of Court appears.
Robert Beard was a Marine Corporal on the Resolution on the Second Voyage. There is no record of his place or date of birth. He died on HMS Thunderer in 1780, when the ship sank during a hurricane in the West Indies. He was then Sergeant of Marines. He left a wife, Elizabeth, who was living in Portsmouth.
The will of ROBERT BEARD (proved on 17 August 1781 (11/1080)).
In the Name of God Amen, I Robert Beard, Serjeant of Marines on board his Majesty's Ship Thunderer, The Honorable Robert Boyle Walsingham Commr. being in bodily health and of sound and disposing mind and memory, and considering the perils and dangers of the Seas and other uncertainties of this transitory life, do for avoiding controversies after my decease, make, publish and declare this my last Will and Testament in manner following, that is to say
First, I recommend my Soul to God that gave it, and my Body I commit to the Earth or Sea as it shall please God to order, and as for and concerning all my worldly Estate, I give, bequeath and dispose thereof as followeth, That is to say -
All such Wages, Sum and Sums of Money, Lands, Tenements, Goods, Chattels and Estate whatsoever as shall in any ways due, owing or belonging unto me at the time of my decease, I do give, devise and bequeath the same unto my beloved Wife, Elizabeth Beard of Rosemary Lane, Portsmouth Common.
And I do hereby nominate and appoint the above said Elizabeth Beard, Executrix of this my last Will and Testament, hereby revoking all former and other Wills, Testaments and Deeds of Gifts by me at any time heretofore made. And I do ordain and ratify these presents to stand and be for and as my only last Will and Testament.
In Witness whereof to this my said Will I have set my hand and Seal the thirty first day of July in the Year of our Lord one thousand seven hundred and seventy nine, And in the nineteenth Year of the Reign of his Majesty King George the third over Great Britain &c. Robert Beard.
Signed, Sealed, Published and Declared in the presence of R.B.Walsingham, Jno. Monds.
This Will was proved at London the seventeenth day of August in the Year of our Lord one thousand seven hundred and eighty one before the Right Worshipful Peter Calvert, Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oath of Elizabeth Beard, Widow, the Relict of the deceased and sole Executrix named in the said Will, to whom Administration was granted of all and singular the Goods, Chattels and Credits of the said deceased, she having been first Sworn by Commission duly to Administer.
The Will of WILLIAM BEE (proved 27 July 1799 (11/1326)).
In the Name of God Amen, I William Bee of Deptford in the County of Kent, Mariner, do hereby make my Will (that is to say) I will and direct that all my Effects whatsoever and wheresoever and of what nature and kind ** after payment of my Just Debts & Funeral Charges ) may go and belong to my Eldest Daughter Mary Bee, as also such of my Annual Stipend or Salary Payable from Government as a Superannuated Gunner as may be due at the time of my decease, the same to be for her sole and seperate use and benefit, hereby revoking all former and other wills by me at any time heretofore made, and do publish and declare this only to be my last Will and Testament, hereof constituting and appointing Mr John Bee of Bankside, Coal Merchant, Sole Executor.
In Witness whereof I have to this my Will set my Hand and affixed my Seal this first day of April in the year of our Lord one thousand seven hundred and ninety nine - Wm. Bee.
Signed, sealed, published and declared by the Testator, William Bee as and for his last Will and Testament in the presence of us, who in his presence, at his request, and in the presence of each other, have subscribed our names as Witnesses attesting the execution thereof - H Flanning - J Hubert & Boro.
This Will was proved at London the twenty seventh day of July in the year of our Lord one thousand seven hundred and ninety nine, before the Worshipful Charles Coote, Doctor of Laws, Surrogate of the Right Honourable Sir William Wynne, Knight, also Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oath of John Bee the sole Executor named in the said Will, to whom Administration of all and singular the Goods, Chattels and Credits of the said deceased was granted he having first sworn duly to Administer.
Thomas Bisset was master of HMS Eagle, Cook's first ship in the Royal Navy from June 1755.
The will of THOMAS BISSET (proved 09 August 1762 (11/878)).
In the name of God, amen
I, Thomas Bisset, Master of His Majesty's Ship Stirling Castle, Captain Michael Everitt, Commander, being in bodily health and of sound and disposing mind and memory and considering the perils and dangers of the seas and other uncertainties of this transitory life, do for avoiding controversies after my decease make, publish and declare this my last will and testament in manner following:
That is to say first I recommend my soul to God that gave it and my body I commit to the earth or sea as it shall please God to order and as for and concerning all my worldly estate I give, bequeath and dispose thereof as followeth:
That is to say unto my beloved wife Jannet Bisset living in the parish of New Church, Plymouth in the County of Devon, all my wages, sum and sums of money, lands, tenements, goods, chattels and estate whatsoever as shall be anyways due, owing or belonging to me at the time of my decease, I do give, devise and bequeath the same unto my beloved wife Jannet Bisset living in the said place and I do hereby nominate and appoint my beloved wife Jannet Bisset living in the said place to be sole executrix of this my last will and testament, hereby revoking all former and other wills, testaments and deeds of gift by me at any time hereforeto made and I do ordain and ratify those presents to stand and be for and as my only last will and testament.
In witness thereof to this my said will I have set my hand and seal the twenty eighth day of August in the year of our Lord one thousand seven hundred and sixty and in the thirty fourth year of the reign of His Majesty King George the Second over Great Britain. Thomas Bisset.
Signed, sealed, published and declared in the presence of Michael Everitt, James Butler, John Horsnaill.
This will was proved at London on the ninth day of August in the year of our Lord one thousand seven hundred and sixty two before the Right Worshipful Sir Edward Simpson, Knight, Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oath of Jannet Bisset, widow the relict of the said deceased and sole executrix named in the said will to who administration of all and singular, the goods and chattels and credits of the said deceased was granted. She having both first sworn by commission duly to administer.
Notes for Bisset's will:
New Church, Plymouth was a popular name for Charles' Church, the church in the eastern
part of early Plymouth. The church was severely damaged in the Second World War and is
now the centre of a roundabout!
John Horsnaill, one of the witnesses to the will, was clerk to Hugh Palliser from 1764
in Newfoundland and, as such, wrote the letters of command sent to James Cook.
William Bligh would later become known for being the captain of HMS Bounty on the infamous mutiny voyage in 1789 and for his tenure of the Governorship of New South Wales.
The will of WILLIAM BLIGH (proved 20 April 1818 (11/1603)).
This is the last Will and Testament of me William Bligh of Durham Place, Lambeth in the County of Surrey, Esquire, Captain in his Majesty's Navy and also Governor General and Commander in Chief in and over his Majesty's Colony of New South Wales. I direct that all my just debts and funeral and testamentary expences be in the first place paid and satisfied out of my personal Estate as soon as conveniently may be after my decease.
I give and bequeath unto my daughter Harriet, the Wife of Henry Barker, the sum of one hundred pounds of lawful money of Great Britain, to be paid to her as soon as conveniently may be after my decease in order to in order to place her upon an equality with my Daughter Mary Putland who has already received from me the sum of two hundred pounds.
I give unto each of my four younger Daughters Elizabeth, Frances, Jane and Ann, the sum of two hundred pounds to be paid or transferred to them upon their attaining the age of twenty one years, or day of marriage with or without the consent of my dear Wife, which shall first happen,
And I direct that the [ ] shall be invested in the public funds of Great Britain in the names of my Executors and that the dividends to arose therefrom shall in the mean time be paid be paid and applied in such manner as I shall hereinafter direct concerning the dividends to arise from the Residue of my personal Estate I give and bequeath all the Rest, Residue and Remainder of my personal Estate and Effects whatsoever and wheresoever unto and for the use of the Right Honourable John Earl of Darnley and Dugall Campbell of Saltspring Estate in the Island of Jamaica Esquire my Executors hereinafter named, their executors, administrators and assigns upon trust nevertheless as soon as conveniently may be after my decease absolutely to sell and dispose of all such parts of my Personal Estate and Effects,(except as hereafter mentioned) as shall not consist of money or securities for money and as shall be in their nature saleable by public auction or private Contact and in such manner as they my said trustees shall think most adviseable and also to derive and get in all debts and sums of money that shall be due or owing to me at my decease, and to convert into money all other parts of my personal Estate, and my will is and I direct that they , my said trustees and the survivor of them his executors and administrators shall stand and be possessed of all the clear monies arising from such sale or sales and to [ ] and got in as aforesaid together with all other the Residue of my said personal Estate (after payment of my debts, funeral and testamentary expences and legacies) Upon trust to lay out and invest the same in their or his names or name in some or one of the Government Stocks or Funds of Great Britain or other Government Securities and to stand and be possessed thereof upon trust for and during the life of my said Wife to pay one moiety or equal half part of the Dividends, interest and annual product of such Stocks, Funds or securities to my said Wife for her own sole separate and independant use and not to be liable to the debts, contracts or engagements of any husband with whom she may hereafter intermarry and for which her receipt alone notwithstanding her Coverture shall be sufficient discharge to my said Executors so as such receipt be signed and given by my said Wife after the dividends shall become due and not by anticipation
And upon further trust, to pay and dispose of the remaining moiety or half part of such dividends and interest unto and equally between my four younger Daughters Elizabeth, Frances, Jane and Ann, or such of them as shall be unmarried at the time of my decease.
And I direct and declare that it shall and may be lawful for my said trustees upon the marriage of any or either of my said four younger Daughters with the consent or my Wife during her lifetime, to be testified by writing under her hand, to transfer to her or them so marrying such share of and in the principal Stocks, Funds or securities to the interest and dividends whereof she or they would be entitled under the trusts hereinbefore declared during the life of my said Wife, but otherwise us transfer or division of the said Stocks, funds or securities shall be made until after the death of my said Wife as hereinafter directed and declared and from and after the decease of my said Wife,
I direct that they my said Trustees and Executors and the survivor of them his executors and administrators shall stand possessed of and interested in the said Stocks, funds and securities to be purchased with the produce of my said Estate and the dividend, interest and annual proceeds thereof in trust for all my Daughters Harriett Barker, Mary Putland, Elizabeth Bligh, Frances Bligh, Jane Bligh, and Ann Bligh, or such of them as shall be living, and the Issue of such as shall be dead, in equal parts, shares and proportions, the shares of such of them as shall be living and shall have attained the age of twenty one years or be married to be transferred to them immediately, and the shares of such of them as shall be under the said age and unmarried to be transferred to them upon their attaining the same or marrying, which shall first happen, and the interest and dividends thereof in the mean time to be paid and applied in and towards their support and maintenance, and the share or shares of the Issue of such of my said daughters as shall be dead to be transferred to such issue respectively in equal proportions upon their attaining the age of twenty one years, or if females upon them marrying before that age and the interest dividends and annual produce in the mean time to be in vested in the public funds to accumulate for his, her or their benefit and in case any or either of my said daughters shall happen to die before her or their share or shares of and in the said principal Stocks, funds and securities shall become payable or transferable without leaving any lawful issue her or them surviving, I direct that such share or shares of her or them so dying both as to the principal and as to the interest dividends and annual proceeds thereof shall from and after her or their decease sink into and be considered as part of the residue of my personal Estate and it is my Will and I hereby further direct that the interest and dividends to become payable to my Daughters under the bequest hereinbefore contained shall until they respectively attain the age of twenty one years or marry before that age be paid to their Guardian or Guardians for the time being for their support and maintenance,
And my Will is and I do declare that my said Executors shall permit and suffer my dear Wife Elizabeth Bligh to have the use and occupation of my said Dwellinghouse with the appurtenances in Durham Place aforesaid to reside therein with my unmarried Children for and during the term of her natural life, if she shall so long continue a Widow, without paying any rent or other compensation for the same to my said Executors, and from and after her decease, or ceasing to be a Widow as aforesaid shall permit and suffer such of my Daughters Elizabeth, Frances, Jane and Ann as shall be then single and unmarried and such of them as shall respectively continue unmarried to have the like use and occupation of my said Dwellinghouse with the appurtenances without paying any rent or other compensation for the same until the youngest of my unmarried daughters shall attain the age of twenty one years, and from and after the period last mentioned I direct that the same shall sink into the residue of my personal Estate.
And I direct that the Ground rent and taxes of and for my said Dwellinghouse and its appurtenances shall be paid and sustained by and out of my personal Estate. And my Will is and I also direct that my said Executor shall within three months next after my decease raise an Inventory in writing to be taken of all my household furniture, plate, linen, china, books, pictures, prints, wines, liquors and other effects in my said Dwelling house and shall permit the same to remain and continue therein to be used by my said Wife and my Daughters, the occupier or occupiers of the said house for the time being during such time as she or they shall reside in and occupy the said house and from and after the expiration of the said trusts I direct that the said household furniture, plate, linen, china, books, pictures, prints and other Effects shall sink into and become part of the Residue of my personal Estate, but I direct and declare that it shall and may be lawful to and for my said Executors, Trustees at any time after the decease of my said Wife, or her marrying again and before the youngest of my Daughters unmarried shall have attained the age of twenty one years with the consent and approbation of such of my Daughters intitled to the use and occupation of my said Dwellinghouse, furniture and effects who shall have attained the age of twenty one years and of the Guardian of such of my said Daughters who shall be under that age to sell and dispose of the said house, furniture and effects and to lay out and invest the monies arising by such sale deducting the expences attending the same in the public funds or upon Government securities in trust to pay, apply and dispose on the dividends, interest and annual produce thereof from time to time unto and amongst all my Daughters who would have been intitled to the use and occupation of the said Dwelling House and Effects under the trusts aforesaid in equal shares and proportions for such time only as they would have been intitled to such use and occupation, and from and after the expiration of the trust lastly hereinbefore declared I direct that the Stocks, funds and securities so to be purchased as aforesaid and the Dividends interest and annual produce thereof shall go in such monies as is herein directed of and concerning the said house and Effects in case the sale thereof had been delayed until the youngest of my Daughters unmarried shall have attained the age of twenty one years.
And it is my Will that my said Executors shall be at liberty to proceed to the sale of my premises in the Parish of Marylebone in the County of Middlesex or not as they may think fit
And I hereby nominate, constitute and appoint the said Earl of Darnley and Dugall Campbell Executors of this my Will and my said dear Wife Elizabeth during her life, and after her death the said Earl of Darnley and Dugal Campbell Guardian and Guardians of my Infant and unmarried children and my Will is and I do hereby declare that the receipt and receipts of my said Trustees or the survivor of them or the heirs and executors or administrators of such survivor shall be good and sufficient discharge or good and sufficient discharges to the purchaser or purchasers of all or any part of my said Real and Personal Estate and his, her or their heirs executors and administrators for the money to arise from the sale thereof and that such purchaser or purchasers shall not be answerable or accountable for any loss misapplication or nonapplication of the said purchase money or any part thereof or be obliged to see to the application and disposition thereof or of any part thereof and I direct that they my said Trustees Executors or either of them their or either of their heirs executors or administrators shall not be charged with or accountable for any more of the trust monies Estates and Premises than they respectively shall actually receive or shall come to their respective hands by virtue of this my Will nor with or for any loss that shall happen to the same or any part thereof so as such loss happen without their wilful default nor one of them for the other of them or for the acts, deeds, receipts or disbursements of the other of them but each of them only for his own acts, deeds, receipts or disbursements.
And also that it shall and may be lawful for them my said Trustees and Executors and each of them their and each of their heirs executors and administrators in the first place by and out of the trust Estates monies and premises to deduct retain to and reimburse him and themselves all such loss, costs, charges and expences as they or either of them shall respectively sustain expend or be put unto by reason of the trusts hereby in them reposed or the execution thereof at any time relating thereto.
And lastly I hereby revoke annul and make void all and every former and other Will and Wills by me at any time heretofore made and declare this to be my last Will and Testament. In Witness whereof I the said William Bligh have hereunto and to two other parts of this my last Will and Testament contained in six sheets of paper set my hand to the first five sheets thereof and to the sixth and last sheet thereof my hand and seal this twenty fourth day of October in the year of our Lord one thousand eight hundred and five. Wm. Bligh.
Signed, Sealed Published and Declared by the within named Testator William Bligh as and for his last Will and Testament in the presence of us who in his presence and at his request and in the presence of each other have hereunto and to two other parts thereof set our hands as Witnesses, R Gatty, Angel Court, Throgmorton Street, Tho. Gatty his Clerk.
On the 20th April 1818 Admon. (Williamo) of the Goods & P of William Bligh of Farmingham House in the Co.of Kent Esqr. a Vice Admiral of the Blue in his Majesty's Navy, deceased, was granted to Harriett Maria (in the Will written Harriett) Barker (Wife of Henry Aston Barker Esqr.) Elizabeth Bligh (Wife of Richard Bligh Esqr.) & Frances Bligh Spr. the Daurs. & three of the Exors Legatees being first sworn duly to Admr. - The Rt. Honble John Earl of Darnley the survg. Exor. & survg. Residl. Legatee in trust named in the Will having first renounced, and Elizabeth Bligh the Wife of the Testator & Residl. Legatee for life, dying in his lifetime.
The will of JAMES BURNEY (proved on 06 February 1822 (11/1653)).
I James Burney believing myself by the blessing of God to be sound in mind, I do hereby revoke all former Wills made by me if any are in existence and shall appear, and I declare the following written on this sheet of paper to be my last and only Will and Testament to the time of the date hereof -
Whereas in consideration of a marriage between Mr John Thomas Payne of Pall Mall, Bootseller, and my only daughter Sarah I have given to them a house I possessed in Mitcham in the County of Surrey, formerly called or now called Beldawe House which is at present in the occupation of Samuel Boddington Esqr. with the premises and every thing thereunto belonging, to be solely and wholly their rightful property, so now by this my Will I bequeath to my Wife Sarah my house in James Street, Westminster No. 26, which house was devised to me by the last Will of my kind and worthy friend Mr John Hayes and in which house I at present reside with the Yard or Garden and all the premises, outbuildings and fixtures thereunto appertaining during her natural life, she keeping the same in reasonable repair and after her decease I will the said house, garden and premises, outbuildings and fixtures as aforesaid to be the property of my Son Martin Charles Burney, or if he should not be living to his legitimate issue divided in equal shares if more than one Child and without difference in whether male or female, if my said Son Martin Charles shall have died without leaving legitimate issue then I bequeath the Rent and profits of the said House in James Street, Westminster to his Widow if she shall be living during her natural life and after her decease to my own legal heir or heirs, the furniture of the said House No 26 James Street, Westminster, including prints in frames that have usually been hung up in the Ground Floor and in the second story or bed Rooms I bequeath to my Wife Sarah, and also all the books which were given to me or to herself by her Father and all other books which she has been used to consider as her own. James Burney.
Signed, sealed and delivered this twenty sixth day of October in the year of our Lord eighteen hundred and twenty one. Henry Bates, James Street, Buckingham Gate. M.H.Staples, Hairpin St., Red Lion Square. J.Loveday, Servant to Mr Bates.
Codicil in addition to my Will in my own handwriting one hundred pounds Stock which I have in the four per Cent Stock of which Edw. Burney by virtue of a power of attorney receives the dividend to be applied as by the said power directed the said one hundred pounds Stock I bequeath to Mr John Thomas Payne and his Wife Sarah my daughter and my Son in Law on condition that they pay the dividends thereof as they become due to my Sister Mrs Esther Burney now of Lark Hall Place near Bath, for and to her own use, having given a portion of my unsold publications to the aforesaid John Thomas Payne my Son in Law the remainder with all other my property liable to the payment of my just debts and Funeral which I desire to be of the plainest and most quiet kind and to such legacies as may hereafter set down I will be divided equally between my Wife Sarah and my Son Martin Charles Burney, whom I desire jointly to be my Executors. To my Nephew Alexander Darblay S Coopwath (?) fifty guineas, to my Cousin James Sampson ten guineas and ten sets of my Chronological History of South Seas Discoveries, to my Cousins Betty and Fanny Sleep five guineas each and five sets of the said Voyages, to Mary Standal and old Molly one shilling per week to each. Signed by me this twenty eighth of October eighteen hundred and twenty one. James Burney.
Febry. 4, 1822 Appeared personally Molesworth Phillips of Brook Street, ? Square in the Parish of Saint Mary, Lambeth in the County of Surry, Lieut. Col. Of Marines and Charles Lamb of the East India House, London, Gentleman, and made oath that they knew and were well acquainted with James Burney late of James Street, Westminster in the County of Middlesex Esquire deceased for some time before and to the time of his death @ also with his manner and character of handwriting and subscription having often seen him write and subscribe his name and having now viewed and carefully perused and inspected the paper writing hereunto annexed purporting to be and containing a Codicil to the last Will and Testament of the said deceased beginning "Codicil in addition to my Will in my own handwriting" ending "to my Cousins Betty and Fanny Sleep five guineas each and five sets of the said voyages, to Mary Standal and old Molly one shilling Pr. Week to each, signed by me this twenty eighth of October eighteen hundred and twenty one" and subscribed thus "James Burney" they these deponents upon carefully and particularly noting the contents of the said Codicil also the said subscription thereto set and subscribed make oath that they verily and in their consciences believe the whole body, series and contents of the said Codicil and the subscription thereto to be all of the proper handwriting and subscription of the said James Burney Esqr. deceased. M. Phillips. Chas. Lamb. same day the said Molesworth Phillips and Chales Lamb were duly sworn to the truth of this affidavit before me John John Danberry Sur. Pr. J Seurlock Not. Pub.
Proved at London 6th Febry. 1822 before the Worshipful John Danberry, Doctor of Laws @ Surr. by the oaths of Sarah Burney Widow the Relict @ Martin Charles Burney the Son the Exors. named in the said Codicil to whom Admon. was granted having been first sworn duly to Admon.
Isaac Carley (Carly) was a Marine Private on the Resolution on the Third Voyage. During the voyage, he was punished on 2 November 1777 for neglect of duty. There is no record of his place or date of birth. He died in 1786 while serving on HMS Revenge. He was probably unmarried as no family member is mentioned in the will, which was witnessed by two of the quartermasters from the Resolution, Whealan and Harding.
The will of ISAAC CARLY (proved on 26 June 1786 (11/1143)).
In the Name of God Amen, I Isaac Carly, late belonging to his Majesty's Sloop [the word "Sloop" is crossed through] Resolution and now belonging to the 4th rate Ship of War the Revenge, being of sound and disposing Mind and Memory do hereby make this my last Will and Testament.
First and principally I commend my Soul into the Hands of Almighty God hoping for remission of all my Sins through the Merits of Jesus Christ my blessed Saviour and Redeemer, and my Body to the Earth or Sea as it shall please God, and as for such Worldly Estate and Effects which I shall be possessed of or intitled unto at the time of my decease, I give and bequeath the same as followeth, that is to say -
I give and bequeath unto my trusty Friend Peter McMullen, Attorney at Law, all such Wages, Sum and Sums of Money as now is or hereafter shall be due to me for my Service or otherwise on Board the said Ship or any other Ship or vessel,
And I do hereby nominate, constitute and appoint the said Peter McMullen Sole Executor of this my last Will and Testament, And I do give and bequeath unto my said Executor all the Rest and Residue of my Estate whatsoever both Real and Personal hereby revoking and making void all other and former Wills by me heretofore made and do declare this to be my last Will and Testament. In Witness whereof I have hereunto set my hand and Seal this tenth day of November (?) in the year of our Lord one thousand seven hundred and eighty, and in the twenty first year of the Reign of our Sovereign Lord George the Third by the Grace of God of Great Britain, France and Ireland King, Defender of the Faith Isaac Carly.
Signed, Sealed, Published and Declared by the said Isaac Carly as and for his last Will and Testament in the presence of us who have hereunto subscribed our names as Witnesses in the presence of the said Testator. Patt. Whealon, James Harding, William Farren.
This Will was proven at London the twenty sixth day of June in the year of our Lord one thousand seven hundred and eighty six, before the Worshipful George Harris, Doctor of Laws, Surrogate of the Right Worshipful Peter Calvert, Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oath of Peter McMullen the Sole Executor named in the said Will to whom Administration was granted of all and singular the Goods, Chattels and Credits of the said Deceased, having been first sworn duly to Administer.
The will of JOHN CAVE (proved 18 February 1784 (11/1113)).
In the Name of God Amen, I John Cave of East Smithfield in the County of Middlesex, Mariner, being well in Body and of sound and disposing Mind and Memory, Do hereby make this my last Will and Testament in manner and form following. First and Principally I render my Soul unto Almighty God hoping for Remission of all my Sins through the Merits of Jesus Christ my Blessed Lord and Saviour, my Body I commit to the Earth or Sea as it shall please God
And as to such Worldly Estate and Effects as I am now or hereafter shall be possessed of, interested in, or intitled unto, I give and dispose of the same as follows, that is to say, I give and bequeath unto my Dear and loving wife Mary Cave all such wages, Sum and Sums of Money, Security for Money, Debts, Dues and Demands whatsoever now due, owing, payable or belonging or which shall or may at the time of my decease become due and payable to me for my Service or otherwise on board any Ship or Vessel I may be employed.
All the rest, residue and Remainder of my Estate and Effects whatsoever and wheresoever and of what nature or kind soever, the same may be or consist, and of which I shall die possessed, interested in or intitled unto, both Real and Personal, I give devise and bequeath unto my Dear wife Mary Cave. To hold to her, her Heirs, Executors, Administrators and Assigns for ever.
And lastly I do hereby nominate, constitute and appoint my said Wife whole and Sole Executrix of this my last Will and Testament, hereby revoking and making null and void all former or other wills by me at any time heretofore made, and I do declare these presents only to be and contain my last Will and Testament. In Witness whereof I the said John Cave, the Testator, have to this my said last Will contained in one sheet of paper set my Hand and Seal this twentieth day of August in the Year of our Lord one thousand seven hundred and seventy. John Cave
Signed, sealed, published and declared by the said John Cave the Testator as and
for his last Will and Testament in the Presence of us who in his presence at his
request and in the presence of each other have subscribed our Names at Witnesses
hereunto
Matw. Hesse J May J Sims.
This Will was proved at London the eighteenth day of February in the Year of our Lord one thousand seven hundred and eighty four before the Worshipful Andrew Coltee Ducarel, Doctor of Laws, Surrogate of the Right Worshipful Peter Calvert also Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oath of Mary Cave, Widow, the Relict of the deceased and the Sole Executrix named in the said Will, to whom Administration was granted of all and singular the Goods, Chattels and Credits of the said deceased , having been first sworn duly to Administer.
Charles Clerke, who was born in Weathersfield, Essex in 1743, sailed on all three of Cook's voyages. He became a close friend and was one of the most important members of the crew. He had already sailed to the Pacific with Byron when he joined Endeavour as Master's mate in 1768 for the First Voyage. Clerke kept a Journal on that voyage. He was promoted to 2nd Lieutenant for the Second Voyage on Resolution and this time kept a Journal and Log. For the Third Voyage, Clerke was promoted to Commander of the Discovery, the companion vessel to Cook's Resolution. Clerke maintained a Log and Proceedings through the voyage.
Clerke assumed command of the expedition after the death of Cook at Kealakekua Bay and transferred to the Resolution. He was already in very poor health but took the ships north to attempt once more to find the Northwest Passage. The ships crossed the Arctic Circle but were foiled by ice and Clerke headed for Petropavlosk in Kamchatka. He died of tuberculosis crossing the Bering Ssea on 2x June 1779. There is a memorial to him in Petropavlosk.
Various features commemorate Clerke including Clerke Point on Vancouver Island, Clerke Peninsula in Nootka Sound, Clerke's Rocks in South Georgia, Port Clerke in Tierra del Fuego and Clerke Island off northern Queensland. Clerke never married. The Dictionary of National Biography has a short article about Clerke (DNB 4, p.502) and there is a biography, In the wake of Captain Cook: the life and times of Captain Charles Clerke, R.N., 1741-79. by G. Cowley and L. Deacon.
Two wills (11/1070 and 11/1067) exist.
The First will of CHARLES CLERKE (proved on (11/)).
In the name of God Amen, I Charles Clerke, Captain of his Majesties Sloop Discovery, do make this my last will and testament.
I give to my honoured father Joseph Clerke of Weathersfield in Essex, Esquire, ten Guineas and my Gold Watch, to my dear Brother Sir John Clerke, Captain in his Majesties Navy ten Guineas, to my Brother Joseph Clerke of Ipswich, Attorney at Law, one Guinea, and to my good friend Sir Robert Ainslie, at present his Majesties Ambassador at Constantinople, one hundred pounds, to my good friend Doctor Maty of the British Museum fifty pounds, to my good friend Gawler Rickman Attorney at Law in Tooks Court, Castle Yard, Holborn, twenty pounds, and the rest and residue of my Effects whatsoever or wheresoever, whether real or personal that at this time or at any time heresoafter shall belong to me I do hereby give and bequeath the same to my loving Sister Sarah Clerke of Weathersfield aforesaid,
and I do hereby appoint Edward Thompson of Kew, Captain in his Majesty's Navy and James Sykes of Crutched Friars, London, Merchant, my Executors, to each of whom I bequeath a Legacy of thirty pounds.
In witness whereof I have hereunto set my hand and seal this 29 day of July 1776, Charles Clerke. Sealed and Delivered by the Testator Captn. Charles Clerke as his Art and Deed and published as his last Will and Testament in the presence of us John Cantiloe - Robt. Berney.
This Will was proved at London before the Worshipful Andrew Colter Durant, Doctor of Laws, Surrogate of the High and Worshipful Peter Calvert, also Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury, lawfully constituted on the twenty sixth day of July in the year of our Lord one thousand seven hundred and eighty by the oath of James Sykes one of the executors named in the said will to whom Administration was granted of all and singular the Goods, Chattels and Credits of the Deceased having been first sworn duly to administer power reserved of making the life grant to Edward Thompson Esquire, the other Executor named in the said will, when he shall apply for the same.
Commentary on Clerke's will by Cliff Thornton.
James Colnett was born in Plymouth in 1752. He accompanied Cook on the Second Voyage as a Midshipman on the Resolution. He was the first European to sight New Caledonia and Cape Colnett and Mount Colnett commemorate that sighting. In 1785, Colnett was given command of the Prince of Wales and led a fur trading expedition to the Northwest coast of America. He was one of the protagonists with the Spanish at Nootka Sound and his arrest led to the Nootka Sound incident and nearly to war between Spain and Britain.
In the 1790s he returned to the Royal Navy and was given command of the Argonaut, in which he sailed to the Mexican coast and around the southeast Pacific, including the Galapagos Islands. Various features still bear his name. He later commanded the Glatton transporting convicts to Australia. He died in 1806.
The will of JAMES COLNETT (proved on 03 November 1806 (11/1451)).
In the Name of God Amen, I James Colnett, late of His Majesty's Ship Glatton, being of sound and disposing Mind, Memory and understanding do make and publish this my last Will and Testament in manner and form following, that is to say,
I desire to be buried at Mile End by the side of the late Mr Binmar.
I give and bequeath unto my Nephew James Poet of His Majesty's Ship Minerva all my wearing Apparel, nautical and warlike Instruments, Books, Charts, Linen, Household Linen and Furniture, he paying to his Sister Elizabeth Sinderby the Sum of Ten Pounds.
Also, I give and bequeath unto John Binmar of Mile End Green, Merchant and James Hobbs of Bow Street, London, Banker, all my Estates and the rest of my Effects both real and personal of every kind whatsoever to hold them, their heirs, Executors, Administrators and Assigns upon Trust, to sell and dispose of, collect, and get in the same, and to invest the whole of the Monies arising therefrom in their joint Names in some or one of the Public Funds or on such real Security or Securities as my said Trustees shall think proper to and for the Uses, Intents and Purposes hereinafter declared, that is to say -
I direct my funeral Expences and just Debts to be fully paid and satisfied.
I then give to my worthy Friend Mary Gay of Gosport a Mourning Ring which I beg she will accept as a remembrance or token of Gratitude for the many Kindnesses I received from her in the early part of my Life, and the Friendship I shall ever retain for her.
I also give to Mr. Jeremiah Sinderby and Elizabeth his Wife, Mr. John Binmar and (space) Binmar his Mother, James Hobbs, Mrs. Simpson Mr (space) Mr. Mackhering (?) and Miss Sarah Davis each a Mourning Ring.
Also, I give to my Sister Martha Colnett, Twenty Pounds per annum to be paid her half yearly during her natural Life, the said Annuity to be Paid to her by my said Trustees out of the Interest or Dividends of my said Trust Monies.
Also, I will and direct that my said Trustees and the Survivor of them and the Executors and Admors of such Survivor shall and do apply such part of the Interest or Dividends of the said Trust Monies as they shall think proper in the Education, Clothing and Maintenance of my natural Daughter Elizabeth Caroline Colnett, Daughter of Catherine Aulce in the habit of working for Mr Monk, Leadenhall Street, Hatter, until she shall attain the age of twenty one years or day of Marriage, provided such Marriage be with the Consent of my said Trustees, or that Survivor of them, his Executors or Administrator, and when she attains the age of twenty one years or day of Marriage with such Consent as aforesaid, I direct my said Trustees and the Survivor or them to pay and apply the Residue or the Interest or Dividend of my said Trust Monies and Premises to her my said Daughter and to her only, during her natural Life for her sole use and benefit independent of any Husband with whom she may hereafter intermarry, nor shall the same be sold or assigned over or in any manner changed or incumbered, and in case she should sell, assign over, or in any manner incumber the same, or marry without such consent as aforesaid, then I direct the same to go into the residue and be disposed of as hereafter mentioned, but should she marry with such Consent and have any Child or Children born in Wedlock, I direct that such Child or Children shall after the decease of my said daughter and Sister have and be entitled to all my said Trust Monies equally, share and share alike, when and as they shall attain the age of twenty one years with Maintenance in the mean time, but in case the said Elizabeth Caroline Colnett should die without leaving such Issue or leaving such Issue and he, she, or they should all die under the age of twenty one years without leaving Issue, Then In Trust for my said Nephew James Poet.
And I do hereby nominate and appoint the said John Binmar and James Hobbs Executors of this my last Will and Testament and Guardian to my said Daughter Elizabeth Caroline Colnett during her Minority, and my Will is that my Trustees and Executors and the Survivor of them and the said Executors and Administrators of such Survivor, shall and may at all times in the first place reimburse and indemnify themselves and himself respectively out of the said Trust Monies, and deduct and retain to themselves and himself respectively all such Costs, Charges, Damages and Expences as they or either of them shall or may at any time expend or be put unto for or by reason or means of all, any or either of the Trust hereby in them reposed and neither of them shall be answerable for any Loss that may Happen to any of the said Trust Premises unless by wilful neglect, nor one for the other nor for more Monies than shall actually come to each of their Hands respectively, but each for his own Acts, Deeds, Receipts, Neglects or Defaults only and I do hereby revoke and make void all former Wills by me made and do declare this to be my last Will and Testament as Witness my Hand and Seal this thirtieth day of August One thousand eight hundred and six J Colnett.
Signed, sealed, published and declared by the said Testator James Colnett as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other subscribe our Names as Witness hereof several interlineations being first made in the first Part (?) thereof - William Street of the Stork Ex: Cont. W.Glasier Union Street, Palace Yard.
This Will was proved at London the third day of November in the Year of our Lord One thousand eight hundred and six before the Worshipful Charles Coote, Doctor of Laws and Surrogate of the Right Honourable Sir William Wynne, Knight, Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oath of John Clemens Binmar Esquire (in the Will written John Binmar) one of the Executors named in the said Will to whom Administration was granted of all and singular the Goods, Chattels and Credits of the said deceased, having been first sworn duly to administer. Power reserved of making the like Grant to James Palmer Hobbs Esquire named in the said Will when he shall apply for the same.
Love Constable was a Midshipman on Cook's Second Voyage sailing on the Adventure. His age and place of birth are unknown. He kept a log on the voyage. He was later promoted to Lieutenant. His will records that he was married to Elizabeth Constable.
The will of LOVE CONSTABLE (proved on 12 January 1795 (11/1254)).
In the Name of God, Amen, I Love Constable, Lieut. Royal Navy, being in Bodily Health and of sound and Disposing Mind and Memory and considering the uncertainties of this Transitory Life after my Decease make, publish and Declare this my last Will and Testament in manner following -
To my beloved Wife Elizabeth Constable, I Will all Wages, Prize Monies, Sum and Sums of Money in the Bank of England, Lands, Tenements, Goods, Chattels and Estates.
I also Will to my Brother, Richard Constable, a Mourning Ring
And I do hereby nominate, and appoint Mr Benj. Pidcock of Woolwich, Executor of this my last Will and Testament, hereby revoking all former and other Wills, Testaments and Deeds of Gifts by me at any time, and this my only and last Will and Testament. In Witness whereof to this my said Will I have set my hand and Seal L. Constable. Signed and Sealed in the presence of us Wm. Mitchell Jnos. Price 28 Feby. 1793.
This Will was proved at London the twelfth Day of January in the year of our Lord one thousand seven hundred and ninety five, before the Worshipful James Henry Arnold, Doctor of Laws, Surrogate of the Right Honourable Sir William Wynne, Knight, also Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oath of Benjamin Pidcock the Sole Executor named in the said Will to whom Administration of all and singular, the Goods, Chattels and Credits of the Deceased was granted, having been first sworn duly to Administer.
The will of JAMES COOK (proved 24 January 1780 (11/1060)).
In the Name of God Amen, I James Cook, Commander of his Majesty's Sloop the Resolution, being of sound and disposing mind, memory and understanding (praise be to God) do make and publish this my last Will and Testament in the manner following (that is to say) -
First, my Will is that all my just debts and Funeral Expences be fully paid and satisfied,and after payment thereof I do hereby give and bequeath to my dear Father Mr James Cook of Redcar in the County of York, for and during his natural Life one Annuity or clear yearly Sum of Ten Pounds ten Shillings, to be paid and payable to him by my Executrix and Trustees hereinafter named, half yearly in even and equal portions at Michaelmas and Ladyday, the first payment to begin and be made on such of those Feasts which shall first and next happen after my death. And I do charge and make chargeable the whole of my Real and Personal Estate with the payment thereof accordingly.
Also, I give to my dear and loving Elizabeth Cook all my Leasehold Messuages, Tenements and Premises with the Appurtenances wherein I now dwell, situate and being in Mile End Old Town in the County of Middlesex for the term of her natural Life, and after her decease I give the same to all my Childen which are borne in my lifetime or in due time after my death, in equal shares and proportions.
Also, I give to each of my Sisters Christiana Cocker and Margaret Fleck, the Sum or Legacy of ten Pounds.
And I give to my good friends Thomas Dyall of Mile End Old Town aforesaid, Gentleman, and Richard Wise of Rumford in the County of Essex, Gentleman, ten Pounds a piece as a mark of the great Regard I have for them.
And as to all the Rest, Residue and Remainder of my real and personal Estates of what nature and kind soever the same shall happen to be at the time of my decease, I give, devise and bequeath one third part thereof unto my said Wife Elizabeth Cook for her own proper use and benefit for ever. And I give, devise and bequeath the remaining two third parts thereof unto my said Wife and unto the said Thomas Dyall and Richard Wise, to hold to them and the survivors and survivor of them his, her or their Executors, Administrators or Assigns, in Trust nevertheless for the use and benefit of all and every my Child and Children, whether born in my Life time or in due time after my decease, in equal shares and proportions, and my Will is that their portion and portions shall be placed out at Interest upon Government or such other Securities as my said Trustees or the survivors or survivor of them shall think fit until such time and times as the same shall become payable as hereinafter is mentioned, that is to say my Will is and I do direct that the portion and portions of such of them as shall be a Son or Sons shall be paid to him or them at [?] or their age or ages of twenty one years, and of such of them as shall be a Daughter or Daughters upon her or their attaining the age of twenty one years or upon the day or days of her or their marriage or marriages which shall first happen, provided nevertheless such marriage be had with the Consent of my said Wife and not otherwise provided.
Also, I do hereby give full power and authority unto my said Trustees and the survivors or survivor of them, his, her or their Executors and Administrators to apply such part of the portion or portions of my said Children till the same shall become payable in placing him, her or them out Apprentice or Apprentices or otherwise in their Advancement in the World as they in their discretion shall think fit and in the mean time I order and direct that the Interest, Dividends and Produce of their said portions be paid and applied in and towards their maintenance and Education respectively, and my Will is and I do hereby declare that if any or either of my said Children shall happen to die before his, her or their portion or portions shall become payable then the portion or portions of him, her or them so dying, or so much thereof as shall remain unapplied for the purpose aforesaid, shall go to the survivor and survivors of them and shall be paid and payable to him, her or them in such and the same manner as his, her and their original portion or portions is and are made payable as aforesaid.
Also, my Will is that my said Trustees shall not be answerable or accountable for any Loss that may happen in placing out my said Estates as aforesaid or otherwise howsoever, unless such Loss shall be occasioned by or through their wilful default or Neglect, and that they shall not be answerable the one for the other of them, but each of them for his, her and their own act and deed only.
And I do also direct that they shall be indemnified of, from and against all Costs and Damages which they shall sustain by reason or on account of the Trust hereby reposed in them.
And I do hereby nominate, constitute and appoint my said Wife and the said Thomas Dyall and Richard Wise joint Executrix and Executors of this my Will, and Trustees on behalf of my said Children, and hereby revoking all former Wills I declare this to be my last Will and Testament. In Witness whereof I have to this my last Will and Testament consisting of two Sheets of Paper set my hand to the first Sheet, and my hand and seal to the last Sheet thereof, this fourteenth day of June in the year of our Lord one thousand seven hundred and seventy six. Jams. Cook.
Signed, sealed, published and declared by the said Testator as and for his last Will
and Testament consisting of two Sheets of Paper in the presence of us who at his
request and in his presence and in the presence of each other have subscribed our names
as Witnesses to the due Execution thereof - Alen Bassett, Clements Inn.
Nath. Austen, Joseph Neeld. Clks to Mr Bassett.
This Will was proved at London the twenty fourth day of January in the year of our Lord one thousand seven hundred and eighty before the Worshipfull Andrew Coltee Ducarel, Doctor of Laws, Surrogate of the Right Worshipful Peter Calvert, Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oaths of Elizabeth Cook Widow, the Relict of the deceased and Thomas Dyall, two of the Executors named in the said Will to whom Administration of all and singular the Goods, Chattels and Credits of the said deceased was granted having been first sworn duly to administer, power reserved of making the like Grant to Richard Wise the other Executor named in the said Will when he shall apply for the same.
The will ofROBERT PALLISER COOPER (proved on 23 November 1805 (11/1433)).
This is the last Will and Testament of me Admiral Robert Palliser Cooper of Portsea in the County of Southampton, whereby I dispose of my Estate and Effects, that is to say
I first charge the same with and to the payment of my just Debts and financial Expences.
And I give and devise unto my beloved Sister in Law, Eleanor Mouldon, in gratitude for her great care and attention toward and for me, all that my Messuage or Dwellinghouse with the Garden, Coachhouse, Stables and Appurtenances thereto belonging, situated in or adjoining a Lane called the Laxe (?) Lane in the Parish of Portsea aforesaid. To hold the same unto and to the use of her, my said Sister in Law Eleanor Mouldon, her heirs and Assigns for ever.
And I give and bequeath unto her, my said Sister in Law, Eleanor Mouldon, all my household Goods and Furniture, Plate, Linen, China, Books and other my Effects in and abouting my present dwellinghouse to and for her own Use and disposal.
And as to my Monies in the Public Stocks or Funds, and elsewhere on Security or otherwise (after payment of my just Debts and Funeral Expences as aforesaid and the charge and expence of proving this my Will) I give and bequeath one Moiety or half part of the Dividends, Interest and Proceeds thereof during the natural Life of her the said Eleanor Mouldon unto and for her Use and benefit. And the other Moiety or half part of such Dividends and Interest unto and for my Sister Elizabeth Clarke. And the Principal or Capital Stock or such my Monies at Interest in the Funds or elsewhere I give and bequeath unto the Survivor of them, my said Sister in Law Eleanor Mouldon and my Sister Elizabeth Clarke to and for their sole Use, Benefit and disposal of such Survivor.
Lastly I give all other my Effects and personal Estate whatsoever unto her my said Sister in Law Eleanor Mouldon, and constitute and appoint her sole Executrix of this my Will, hereby revoking all former Wills by me made.
In Witness whereof I have hereto set my Hand and Seal this tenth Day of March in the forty second Year of the Reign of our Sovereign Lord George the Third by the Grace of God of the United Kingdom of Great Britain and Ireland King, Defender of the Faith, and in the year of our Lord One thousand eight hundred and two. Robt. P. Cooper.
Signed sealed published and declared by the said Robert Palliser Cooper the Testator as and for his last Will and Testament on the Day of the Date in the presence of us who in his presence, in the presence of each other, and at his request have subscribed our names as witnesses thereto. Jas. Hancock. Danl. Lowe. Chas. T. Purkis.
On the twenty third day of November in the year of our Lord One thousand eight hundred and five, Administration (with the Will annexed) of all and singular, the Goods, Chattels and Credits of Robert Palliser Cooper Esquire, late of Portsea in the County of Southampton and an Admiral in his Majesty's Navy deceased, was granted to Elizabeth Clarke (Wife of William Clarke Esqr.) the natural and lawful Sister, having been first sworn by Commission duly to Administer, Eleanor Mouldon Spinster, the sole Executrix and residuary legatee dying in the lifetime of the said Testator and Elizabeth Clarke, widow the Relict having first renounced.
The will of RICHARD CORBETT (proved 10 April 1795 (11/1259)).
In the Name of God Amen - I Richard Corbett, late of his Majesty's Ship of War the Mohawk, but now of the Kings Yard at Deptford in the County of Kent, Carpenter, being of sound and disposing Mind and Memory do hereby make this my last Will and Testament. First and principally I commend my Soul into the hands of Almighty God hoping for Remission of all my Sins through the Merits of Jesus Christ my blessed Saviour and Redeemer, and my body to the Earth or Sea as it shall please God,
And as for such Worldly Estate and Effects which I shall be possessed of or entitled unto at the time of my Decease, I give and bequeath the same as followeth (that is to say) I give and bequeath unto my Loving Wife Susannah Corbett all such Wages, Sum and Sums of Money as now is or hereafter shall be due to me for my Service or otherwise on Board the said Ship or any other Ship or Vessel that I may hereafter sail or be in and also all other my Estate and Effects whatsoever and wheresoever as I was, am or hereafter shall be possessed of or entitled unto at the time of my Death.
And I do hereby nominate, constitute and appoint my Dear and Loving Wife Susannah Corbett the sole Executrix of this my last Will and Testament, and I do Give and Bequeath unto my said Executrix all the Rest and Residue of my Estate whatsoever, both Real and Personal, hereby revoking and making void all other and former Wills by me heretofore made and do declare this to be my last Will and Testament. In Witness whereof I have hereunto set my hand and Seal this tenth day of December in the year of our Lord one thousand seven hundred and eighty three, and in the twenty fourth year of the Reign of our Sovereign Lord George the third by the Grace of God of Great Britain, France and Ireland King, Defender of the Faith etc. Richd. Corbett
Signed, sealed, published and declared by the said Richard Corbett the Testator
as and for his last Will and Testament in the presence of us who have hereunto
subscribed our names as Witnesses in the presence of the said Testator
J Gaunt : Susna. Gaunt Heny. Gillibrand
This Will was proved at London the tenth day of April in the year of our Lord one thousand seven hundred and ninety five before the Right Honourable Sir William Wynne Knight, Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oath of Susannah Corbett, Widow the Relict of the Deceased and the sole Executrix named in the said Will to whom Administration of all and singular the Goods, Chattels and Credits of the said Deceased was granted having been first sworn by Commission duly to Administer.
Alexander Dewar sailed on two of Cook's voyages, both times as Clerk. He was onboard the Adventure for the Second Voyage and transferred to the Resolution for the Third. He was born in Dunbar in 1748 and died in Fowey, Cornwall in 1792. He was survived by a wife, Catharine.
The will ofALEXANDER DEWAR (proved on 02 May 1792 (11/1218)).
This is the Last Will and Testament of me Alexander Dewar, Gentleman, lately belonging to his Majesty's Ship Resolution commanded by Captain Cook and since by Captains Clerke and Gore, but at present residing in the Borough of Fowey and County of Cornwall.
First, if I should happen to Die on Shore, I will and devise to be buried at the discretion of my Executrix hereafter named. I request her to pay and discharge all my Just Debts and funeral expences, and as for touching and concerning all my Goods, Chattels and Personal Estate whatsoever and wheresoever and of what kind or Quality soever -
I Give, Devise and Bequeath the same unto my Wife Catharine Dewar and do hereby make, nominate, constitute and appoint her the whole and sole Executrix and Residuary Legatee of this my said Will, hereby revoking and annulling all former and other Will and Wills by me at any time heretofore made.
In testimony whereof I have hereunto set my hand and seal and published and declared these Presents to be my last Will and Testament this twenty seventh Day of January one thousand seven hundred and eighty one, A. Dewar.
Signed, sealed, published and declared by the said Alexander Dewar as and for his last Will and Testament in the presence of J Kimber, Jno. Kimber.
This Will was proved at London on the second Day of May in the year of our Lord one thousand seven hundred and Ninety two before the Right Honourable Sir William Wynne, Knight, Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oath of Catharine Dewar, Widow, the Relict of the Deceased and sole Executrix named in the said Will to whom Administration of all and singular the Goods, Chattels and Credits of the said Deceased was granted having been first sworn by Commission duly to Administer.
Benjamin Drawwater sailed on the Second Voyage on HMS Resolution as Surgeon's mate. He was born in 1748 and died in 1815. He appears to have had a successful life as a surgeon in Mansfield, Nottinghamshire. He was survived by his wife Dorothy and a son and daughter.
The will of Benjamin DRAWWATER (proved 01 June 1816 (11/1581)).
In the Name of God Amen - This is the last Will and Testament of me
Benjamin Drawwater of Mansfield in the County of Nottingham, Surgeon, made the twenty eighth day of December in the year of our Lord one thousand eight hundred and four, as follows -
I give and devise all and every my Messuages, Cottages, Closes, Lands, Tenements and Hereditaments with their Appurtenances situate and being at Mansfield aforesaid, and at Kilbourn in the County of Derby, and at Sherbrook in the said County of Derby, or elsewhere, unto my beloved Wife Dorothy Drawwater and her Assigns for and during the term of her natural life if she so long continues my Widow and unmarried,
Also I give and bequeath unto my said beloved Wife Dorothy Drawwater the use of all my money in the Funds and of all other my monies out at Interest, and the use of all my Household Goods and personal Estate whatsoever for and during the term to her natural life is she so long remains unmarried, subject to the payment of all my just Debts and Funeral Expences,
But in case my said Wife shall marry again then I revoke all and every the said devises and bequests so by me made to her, and from her marrying again I give and devise unto my said Wife and her Assigns for and during the term of her natural life One Annuity or clear yearly Rent charge of (space) pounds of lawful money of Great Britain, free from all deductions whatsoever, whether Parliamentary or otherwise, to be yearly and every year issuing and payable to her out of all and every my Real Estates situate at Mansfield, Kilbourn and Sherbrook aforesaid, at two equal half yearly payments in each year upon the twenty fourth day of June and the twenty fifth day of December, the first of such payments to begin and be made upon such of those days as shall first happen after the marrying again of my said Wife, and my Will is that it shall and may be lawful to and for my said Wife and her Assigns from time to time in case of non-payment of the said Annuity or any part thereof, to raise the same by distress and Sale upon all or any part of the said premises charged therewith, together with the costs and charges of such distress and Sale, distresses and Sales, and I hereby declare that the said Annuity so made to my said Wife is in full Bar and satisfaction of and for all Solar (?) or thirds at common Law or other customary shares whatever which she, my said Wife, might otherwise have or claim or be entitled to of or in all and every or any of my said Real Estates before mentioned, and I also declare that the Receipt of my said Wife alone and under her hand shall from time to time be a good discharge to the person or persons paying the said Annuity for so much thereof for which such Receipts shall be given,
Also, from and after the decease or marrying again of my said Wife which shall first happen, I give and devise unto my Son Augustus Benjamin Charles Toplis Harrogate (sic) all that my Messuage, dwelling house or Tenement wherein I now dwell, with the Outbuildings, Yard, Garden and Appurtenances thereto belonging, and also all that Seat or Pew in the Parish Church of Mansfield aforesaid now occupied with the said messuage and also all that close or parcel of Inclosed (?) Land situate in Lady Brook Lane in Mansfield aforesaid, now in my own possession, with all the rights, members and Appurtenances to the same belonging, to hold the same Messuage, Close, Hereditament and premises last mentioned unto my said Son, his Heirs and Assigns for ever, charged with the payment of a proportionate part of the said Annuity to my said Wife in case of her marrying again as aforesaid,
Also, from and after the decease or marrying again of my said Wife I give and bequeath to my daughter Mary Drawwater all my money in the Funds and also all my other money which shall be out at Interest at the time of my death to and for her own use and benefit.
Also from and after the decease or marrying again of my said Wife I give and devise unto my Son Augustus Benjamin Charles Toplis Drawwater all and every my Messuages, Cottages, Closes, Lands, Testaments and Hereditaments with their Appurtenances situate and being at Sherbrook in the County of Derby, to hold to him my said Son and his Assigns for and during the term of his natural life. And from and after his decease I give and devise the said last mentioned Hereditaments and premises with their Appurtenances unto all and every the Child and Children of my said Son, as well Daughters as Sons, and to their several and respective Heirs and Assigns for ever to take as Tenant in common if more than one, and if but one Child then to the use and behoof of such only Child, his or her Heirs and Assigns for ever.
But if my said Son shall die without leaving any lawfully begotten issue of his Body, or there being such if all of them shall happen to die under the age of twenty one years without leaving any issue of his, her, or their Body or Bodies lawfully begotten, then I give and devise the said last mentioned Hereditaments and premises with their Appurtenances situate in Sherbrook in the County of Derby aforesaid unto my daughter Mary Drawwater her heirs and Assigns for ever.
And from and after the decease or marrying again of my said Wife, I give and devise unto my said daughter Mary Drawwater and her Assigns for and during the term of her natural life all and every my Messuages, Closes, Lands, Tenements and Hereditaments with their Appurtenances situate and being at Kilbourn in the County of Derby, and from and after her demise I give and bequeath the said last mentioned Hereditaments and Premises with their Appurtenances unto all and every the Child and Children of my said Daughter, as well Daughters as Sons and to their several and respective Heirs and Assigns for ever to take as Tenants in Common if more than one, and if out (only?) one Child then to the use and behoof of such only Child his or her Heirs and Assigns for ever
But if my said Daughter shall die without leaving any lawful issue of her body, or their
being such if all of them shall happen to die under the age of twenty one years without
leaving any issue of his her or their body or bodies lawfully begotten,
then I give and devise all and every the said last mentioned Messuages, Closes, Lands,
Tenements and Hereditaments with their Appurtenances unto my Son Augustus Benjamin
Toplis Drawwater his Heirs and Assigns for ever. And I hereby charge the said last
mentioned Herditaments and Premises in whose Hands soever the same may happen to be,
with a proportionate part of the said Annuity to be paid to my said Wife as aforesaid,
Also from and after the decease or marrying again of my said Wife I give and bequeath all the Residue and remainder of my money and Securities for money, personal Estate and Effects whatever not before disposed of, unto my said Son and Daughter to be equally divided between them share and share alike
And I do give and bequeath the sum of twenty guineas to be placed out in such good and secure Interest as my Executrix and Executor hereinafter mentioned shall think fit, the Interest of which said bequest I do direct shall be laid on Christmas Day annually six penny white loaves of Bread and one loaf of the value of six pence to be given to every poor family in the Parish of Eastwood in the County of Nottingham for ever,
And lastly I hereby constitute and appoint my said Wife Dorothy Drawwater and Charles Toplis of Heanor in the County of Derby, Gentleman, joint Executrix and Executor of this my last Will and Testament, hereby revoking all former Wills by me made. In Witness whereof, I the said Benjamon Drawwater the Testator have to this my last Will and Testament set my hand and Seal this twenty eighth day of December in the year of our Lord one thousand eight hundred and four. B. Drawwater.
Signed, Sealed, published and declared by the said Benjamin Drawwater the Testator as and for his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have signed our names as Witnesses hereto - John Savage, Wm. Taylor, Thos. Lancashire , Witnesses to the above Will.
This Copy agrees with the original Will of the said Benjamin Drawwater deceased proved in the Prerogative Court of York having been duly compared & examined therewith by me, Fredrk. Wm. Storry Noty. Publick 13 March 1816.
Proved at London 1 June 1816 before the Judge by the oaths of Dorothy Drawwater Ww. the Relict & Charles Toplis the Exors. to whom Admon. was granted havg. been first sworn by Comon. Duly to Admin.
Thomas Dunster (Dunister) was a Marine Private on Cook's First Voyage on the Endeavour. He came from Dunkshill in Devon. He died on 25 January 1771 as the Endeavour crossed the Indian Ocean. He had been punished early in the voyage on 16 September 1768 for disobedience.
The will of THOMAS DUNSTER (proved 08 October 1771 (11/971)).
In the Name of God Amen, I Thomas Dunster, Marine of the Plymouth Division belonging to his Majesty's Bark Endeavour, Lieutenant James Cook Commander, being in bodily health and of Sound and Disposing Mind and Memory and considering the Perils and Dangers of the Seas and other uncertainties of this Transitory Life (Do for avoiding controversies after my decease) make, publish and declare this my last Will and Testament in manner following (that is to say) -
First, I recommend my Soul to God that Gave it and by Body I commit to the Earth or Sea as it shall please God to Order. And as for and concerning all my Worldly Estate, I Give, Bequeath and Dispose thereof as followeth, that is to say -
All such Necessary's such as my Wearing Apparel / mess-utensils &c. as I am possessed of at the time of my Decease I Give and bequeath them to my Mess Mate Samuel Gibson,
But as my Wages, Sum and Sums of Money, Lands, Tenements, Goods, Chattels and Estate whatsoever as shall be any ways due, owing or belonging unto me at the time of my Decease, I Do Give, Devise and bequeath the same unto my Father Robert Dunster of the Parish of Dunkshill (Dunkeswell) in the County of Devon.
And I do hereby Nominate and Appoint my Father, Robert Dunster aforesaid whole and Sole Executor of this my last Will and Testament hereby revoking all former and other Wills, Testaments and Deeds of Gift by me at any time heretofore made. And I Do Ordain and Ratify these presents to stand and be, for and as my only last Will and Testament. In Witness whereof I have set my hand and Seal the Twenty fourth day of January in the Year of our Lord One thousand Seven hundred and Seventy one, and in the Eleventh Year of the Reign of his Majesty King George the Third over Great Britain &c. Thomas Dunster.
Signed, Sealed, Published and Declared in the presence of Jams. Cook, Robt. Molineux, Rd. Orton.
This Will was proved at London before the Right Worshipful George Hay, Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted on the Eighth day of October in the Year of our Lord One thousand Seven hundred and Seventy one by the Oath of Robert Dunster the father of the Deceased and Sole Executor named in the said Will, to whom Administration was Granted of all and Singular the Goods, Chattels and Credits of the said Deceased, he having been first sworn by Commission Duly to Administer.