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Indivudual wills are reproduced here.
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Crews' wills 3: M to R
David Samwell sailed on the Third Voyage on the Resolution as Surgeon's mate, later transferring to the Discovery. He was born in Nantglyn, Wales in 1751 and died in London in 1798. Prior to his death he had been a surgeon to British troops at Versailles in France. Samwell kept a journal on the Third Voyage, which contains one of the most detailed descriptions of the events surrounding Cook's death. He was also a respected poet who wrote verse in English and Welsh and was honoured at eisteddfods. There is a short biography of him in the Dictionary of National Biography (vol.17, p.732).
The will of DAVID SAMWELL (proved 07 December 1798 (11/1316)).
In the Name of God Amen, I David Samwell, Surgeon of the Royal Navy, being of Sound mind, memory and understanding make this my last Will and Testament as follows -
I give and bequeath to Mrs Anne Davies of Fetter Lane in the Parish of St. Dunstan's in the City of London, thirty Pounds a year out of the Rents of my two tenements and Lands called Talwrn (?) in the Parish of Nerquis (now Nercwys) and County of Flint, and Harod (?) in the Parish of Llanarman (Llansannan) in Yale and Co. Denbigh, to be paid half yearly to herself for Order During her Life.
Also one half of the Goods, and Money I may die possessed of or be entitled to, all the Rent and property above, this I give and bequeath to Mrs Margarett Mitchell my Sister and her Heirs,
Save that I bequeath to Mrs Anne Davies of Pwllgwyn near Caerwys in Flintshire and her Sister Mrs Elizabeth Davies of the same place, Ten Guineas each
And the same sum to Hugh Samwell of Ipswich, Watchmaker,
And all my Welsh Books and Manuscripts to Mr Roger Jones of Taie (?) near Mold, Flintshire,
Also ten Guineas to Thomas Edwards of Nant, Denbigh to be paid within twelve months after my decease out of the Money due to me in the 3 P/Cents Consolidated Stock or what may be due to me from Government as Witness my Hand and Seal. David Samwell.
Signed, Sealed, Published and Declared by the said David Samwell as and for his last Will and Testament in the presence of us who have hereunto set our Names as Witnesses hereto in the Presence of the said Testator and of each other, John Thomas Lewis Lloyd No.11 Addle Street, London, Thomas Williams, Bolton Le Moors, Lancashire.
On the Seventh day of December in the year of Our Lord One thousand Seven hundred and Ninety Eight Administration with the Will annexed of all and singular the Goods, Chattels and Credits of David Samwell, Late of Fetter lane in the Parish of Saint Dunstan in the West, London, and Surgeon in His Majesty's Navy deceased was granted to Anne Davies Spinster and Margaret Mitchell Widow the Residuary Legatees therein named, having been first Sworn duly to Administer (No Executor).
John Satterley was the Carpenter on the Endeavour. He joined the ship's compliment early and helped with the fitting out of the ship. There is no record of his place or date of birth. His will records him as coming from Deptford. He died on xx February 1771 as the Endeavour crossed the Indian Ocean.
The will of JOHN SATTERLY (proved on 29 July 1771 (11/969-322)).
In the name of God Amen, I John Satterly of Chatham in the County of Kent, now Carpenter of 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 uncertaintys 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 commend 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,
I Desire that all my Just Debts may be paid, after that is Done what 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 and Devise and bequeath the same unto my Mother Elizabeth Satterly of Chatham in the County of Kent but in case of her Death, I Give, Devise and bequeath the same unto my Sister Elizabeth Mitchell(?) of Chatham aforesaid
And I do hereby Nominate and Appoint Mr Thomas Frons of Woolwich in Kent, shipwright, and Edward Clement, Carpenter of his Majesty's Ship Newark to be Joint Executors of this my last Will and Testament, hereby revoking all former Wills, Testaments, Agreements and Deeds of Gift by me at any time herebefore 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 this Seventh day of February 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 J Satterly..Signed, Sealed, Published and Declared in the presence of Jas. Cooke, Robt. Molineux, Rd. Orton.
This Will was proved at London before the Worshipful Andrew Collier (?) Percival, Doctor of Laws, Surrogate of the Right Worshipful George Lang (?) also Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury, lawfully constituted on the Twenty ninth Day of July in the year of our Lord One thousand Seven hundred and Seventy one by the Oaths of Thomas Frons and Edward Clement the Executors to whom Administration was Granted, they having been first Sworn Duly to Administer the Probate of a Will with a Codicil of a former date of the deceased herebefore, to wit on the Seventeenth Day of July Instant obtained by the said Edward Clement and Thomas Frons the Executors named in such former Will having having been brought in voluntarily and declared null and void as by the Order of Court now fully appears.
Commentary by Cliff Thornton on Satterly's will
Joseph Shank was first lieuten anton the Adventure under Tobias Furneaux. He became ill on the journey south to the Cape. He was sent home in November 1772. It is probable but not certain that this will is for the man who sailed on the Adventure. It was written in 1757, twenty five years before Shank's death.
The will of JOSEPH SHANK (proved on 06 January 1782 (11/1087)).
In the Name of God Amen, I Joseph Shank Junior of Rotherhithe in Surry, Mariner, at present Mate on Board His Majesty's Ship Buckingham, 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 the Remision 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 unto my Loving Brother Robert Shank of London, Notary Publick, his Heirs and Assigns for ever,
And I do hereby nominate constitute and appoint my said Brother Robert Shank Sole Executor of this my last Will and Testament, and I do give and bequeath unto my said Executor all the rest, residue of my Estate whatsoever, both real and personal, hereby revoking and making void all former and other wills by me heretofore made, and I do declare this to be my last Will and Testament.
In Witness whereof I have hereunto set my Hand and Seal this twentieth day of February in the year of our Lord one thousand Seven hundred and fifty Seven, and in the thirtieth year of the Reign of Our Sovereign Lord George the Second by the Grace of God of Great Britain, France and Ireland King, Defender of the Faith - Joseph Shank.
Signed, sealed, published and declared by the said Joseph Shank Junr. 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 - Anthony Gibbs - Thomas Goodbarne - Nathl. Cooper, all belonging to His Majesty's Ship Buckingham.
This Will was proved at London the twenty sixth day of January in the Year of our Lord one thousand Seven hundred and Eighty two before the Worshipful Andrew Coltee Ducarel, 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 Robert Shank, the Brother 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 duly to Administer.
Alexander Simpson sailed with Cook on the Endeavour as an Able Seaman. There is no record of his place or date of birth. He died 21 February 1771 as the Endeavour crossed the Indian Ocean. No family is mentioned in the will. He had been punished on 2 December 1769 for theft.
The will of ALEXANDER SIMPSON (proved on 2 August 1771 (11/970)).
In the Name of God Amen, I Alexander Simpson, belonging to his Majesty's Bark Endeavour, Lieutenant James Cook Commander, being in a weak state of Health but of a 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 -
After all my Just Debts are paid then all Wages, Sum and Sums of Money, Lands, Tenements, Goods, Chattels and Estate whatsoever as I shall be any ways due, owing or belonging unto me at the time of my decease, I do devise and bequeath the same unto my beloved Friend John Hardy of the Parish of Old Deer in the Shire of Aberdeen,
And I do hereby Nominate and Appoint Mr Robert Anderson of the said Bark Endeavour 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 to this my said Will I have set my hand and Seal the Fourteenth day of February 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. Alexdr. Simpson
Signed, Sealed, Published and declared in the presence of Jams. Cook, William Perry, R. Orton.
This Will was proved at London before the Worshipful Francis Simpson, Doctor of Laws and Surrogate of the Right Worshipful George Hay also Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury Lawfully Constituted on the Second day of August in the year of our Lord One thousand Seven hundred and Seventy one by the Oath of Robert Anderson 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 he having been first sworn duly to Administer.
The will of ISAAC SMITH (proved on 22 July1831 (11/1788)).
In the Name of God Amen, I Isaac Smith of Merton in the County of Surry, lately of Clapham in said County, Rear Admiral in the Royal Navy, being in health of body and of sound mind & memory & understanding, praised be God for the same, but well knowing the uncertainty of this Life, do make and declare this my last Will and Testament in manner and form following, that is to say -
I desire all my just debts to be paid and what debts are due to my Estate to be received by my Executor (if from Legatees to be deducted from their legacies)
And I give and bequeath unto my dearest Cousin Mrs. Eliz. Cook of Clapham in Surry two hundred guineas for a ring and mourning, and all or any part of my Effects in plate, books, or furniture at her house at Clapham she may chuse to accept as a mark of my great regard and respect for her knowing she does not wish a larger legacy.
Also I give and bequeath unto each of her servants fifteen pounds a piece.
Also I give and bequeath unto Mr Richd. Wilson of Eastcheap one hundred pounds.
Also I give and bequeath to Mr John Cragg of Bunhill Row one hundred pounds.
Also I give and bequeath unto the sons and daughters of my late Cousin Charles Smith of
Mile End, Middlesex, nineteen pounds to each of them for a ring as a mark of my
remembrance.
Also I give and bequeath unto my Cousins Mr Thomas Savage and Mr William Savage of
Clerkenwell, Middlesex one hundred and five pounds to each of them for mourning.
Also I give and bequeath unto my Nephew William Wilson an annuity or yearly sum of one
hundred and two pounds per annum, for and during the term of his natural life.
And I give and bequeath unto James Wilson the sum of seventy two pounds pr. Annum for
and during the term of his natural life, brother of William Wilson, which said two
annuities of one hundred and two pounds and seventy two pounds are to be paid by or from
the dividends of Five thousand and eight hundred pounds stock in the three pr. Cent new
South Sea annuities which said capital stock is to be left standing in my name for and
during the lives of the said William & James Wilson, and at their decease or at the
decease of either of them the said Annuitant, that part of the said capital Stock then
is to fall into the residue of my Estate and my Will is that my Executor hereinafter
named do receive the dividends as they become due and pay the annuitant either half
yearly or quarterly for their use and benefit and maintenance, but not to pay it
personally to either William Wilson or James Wilson themselves but for their use if my
Executor should think it best, nor is the said Annuity to be sold or alienated in any
manner by the said William and James Wilson, and if sold or alienated then my Will is
that part so sold sink into the Residue of my Estate in the same manner as if the one so
selling was actually dead, and the first quarters annuity is to be paid from the first
dividends that are paid after my decease,
Likewise I give and bequeath unto my niece Mary Adams two thousand four hundred pounds
capital Stock in the three pr. Cent reduced bank annuities.
Likewise I give and bequeath unto my niece Ann Mackrell two thousand four hundred pounds
capital Stock in the three pr. Cent reduced bank annuities.
Likewise I give and bequeath unto my niece Maria Bennett two thousand four hundred
pounds capital Stock in the three pr. Cent reduced bank annuities.
Likewise I give and bequeath unto my niece Jane Marshall two thousand four hundred
pounds capital Stock in the three pr. Cent reduced bank annuities.
Likewise I give and bequeath unto my niece Ursula Bow two thousand four hundred pounds
capital Stock in the three pr. Cent reduced bank annuities, all which aforementioned
legacies to my said Nieces of capital Stock in the three per cent bank annuities I give
and bequeath unto my said Nieces for their own and separate uses and benefit and not to
be subject to the control, or debts of their present or future husbands, and their
receipt alone is to be sufficient discharge to my Executor.
Likewise I give and bequeath unto the children of the before mentioned nieces living at
my deceased fifteen pounds to each of them for mourning and to be paid to their parents
for their respective use notwithstanding their minority and whose receipt shall be an
acquittance to my Executor.
Likewise I give and bequeath unto Mrs E Smith, Widow of my deceased brother fifty
guineas for ring.
Also I give and bequeath unto Captain John Smith of the Royal Navy four hundred pounds
Capital Stock in the three pr. Cent new South Sea annuities or to his Wife Ann Smith in
case of his decease before myself.
Also I give and bequeath unto my friend John Day Blake Esqr. of Palsgave Place fifty
pounds for a ring as a token of my remembrance.
Also I give and bequeath unto my nephews in Law Mr J Adams, Mr Rob Mackrell, Mr John J.
Bennett, the Revd. John Marshall and Mr. Jas. Bow, nineteen guineas each as a token of
respect.
Likewise I give and bequeath unto Elizabeth Cragg of Horsham an annuity of twenty five
pounds pr. Annum to be paid or withdrawn at the direction of my Executor.
I likewise give and bequeath unto Miss Elizabeth Ann Stuart, Miss Mary Maston and to Miss
Mary Mayer, eighteen pounds each for a ring as a mark of my remembrance.
I likewise give and bequeath unto each of my Servants fifteen pounds and to my
housekeeper and gardiner an additional five pounds for every year they may have been in
my service.
And it is my wish that my Executor will see my body decently interred in the tomb by my
brother in Merton Church yard, and I give and bequeath unto the Minister and
Churchwardens of the said Parish and to my Executor, and after his decease to any
person he may appoint in trust, seven hundred pounds Capital Stock in the three pr. Cent
reduced bank annuities that they my trustees, the said Minister, Churchwardens and my
Executor will receive the dividends on the said Stock and with the money keep the said
tomb in perpetual repair and after deducting that expence and the necessary expence they
are put to in receiving and paying the money and request that the minister will act as
Treasurer and that he will accept of two guineas pr. Annum for his trouble and my said
trustee will then distribute the sum that remains of the dividend annually at Christmas
to such charitable purposes in the said parish as they may judge best.
Likewise I give and bequeath unto my dear nephew Isaac Cragg Smith -
-all my freehold and copyhold Estates in the parish of Merton in the County of Surry
which I had before my brother's decease, to him and his heirs for ever, consisting of an
Estate called the Church House with the Copyhold cottages and field adjoining which is
surrendered to the use of my Will and let on Lease to the Parish of Bermonsey,
-also all the freehold land Estate let on lease to Mr Holern (?)
-also all the Land tax fee farm rents on the Estate of Merton which I purchased of the
Commissioners.
Also I give and bequeath unto my aforesaid nephew Isaac Cragg Smith as his own freehold
to him and his heirs for ever
-all the Estate bequeathed to me by my late brother Charles Smith as his heir at Law and
Residue Legatee consisting of a Freehold house and premises No.118 Bunhill Row, Middlesex
in which my said nephew resides
-Likewise the Freehold houses in Kings Arms Yard Cripplegate in the City of London.
- Likewise the individual third part of the Freehold and Leasehold Estate called Merton
Abbey in the parish of Merton in the County of Surry but subject to an annuity of three
hundred and twenty five pounds pr. Annum for and during the life of his Widow Elizabeth
Smith as stated in his will dated 28th August 1827, and to be subject to all the
restrictions and regulations of quarterly payments etc. as if the whole was recopied in
this Will.
All which six different Estates I give and bequeath unto my dear nephew Isaac Cragg Smith his heirs and assigns for ever, but should my dear nephew depart this life without leaving any Issue of his body to inherit behind him, in that case I earnestly wish that he would bequeath all the freehold and copyhold estates hereby bequeath to him unto the oldest son of his Sister Ann Mackrell living at his decease, on condition of his taking the Sur name of Smith only.
Also I give all the Rest and Residue of my Estates and Effects whether real or personal or wheresoever situated, lying or being , I do give and devise the same unto my aforesaid nephew Isaac Cragg Smith, his heirs and assigns as his own proper estate for ever.
And I do hereby constitute and appoint my aforesaid nephew Isaac Cragg Smith sole Executor of this my Will and his executors or administrators. And it is my Will that my said Executor or the Executors or Administrators of him shall in the first place deduct or detain to himself or themselves out of the money or dividends of the aforesaid trusts all such sums or money costs, charges, damages and expences whatsoever as he of they shall or may at any time actually bear, pay or sustain for or by reason or on account of the trust hereby reposed in him or them in defence or execution thereof nor shall any one be answerable for more of the said property than shall come to their respective hands by virtue of these presents nor for the loss or damage that shall or may happen to the said property save and except only such as may happen by his or their wilful default and neglect. And revoking all former and other wills by me at any time heretofore made I publish and declare these three sheets of paper written by (my?) own hand on one side only and each of them by myself signed and last of them Sealed with my Seal to be my last Will and Testament this the 28th day of December in the year of our Lord one thousand eight hundred and twenty seven Isaac Smith.
Signed, sealed, published and declared by the said Testator Isaac Smith as and for his last Will and Testament in the presence of us who at his request and in his presence and in then presence of one and another have subscribed our names as Witnesses the interlineations on the 14th line of the 3rd page being first made Isaac Cragg Smith, likewise the interlineations on the 10th line of living at his decease sur and only being first made.Emma Elliotson. Eliza Elliotson daughters of John Elliotson, Gent. Of Clapham Surry. John Elliotson M.D. Grafton Street.
Whereas I Isaac Smith of Merton Abbey of Merton in the County of Surry, lately of Clapham in the said County, Rear Admiral in the Royal Navy, the Testator named in this Will have republished the same with an intent therein to make void all and every other will and wills at any time heretofore by me made and to confirm and establish this which I have declared to be my last Will and Testament in the presence of Elizabeth Elliotson, John Elliotson and Mary Presteridge who I have desired to subscribe their names as Witnesses hereto and In Witness whereof I the said Isaac Smith have hereunto subscribed my name this twenty eighth day of January in the year of our Lord 1830. Isaac Smith.
Signed by the said Isaac Smith 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 above republication. Elizabeth Elliotson Wife of John Elliotson, Gent. Of Clapham. John Elliotson M.D.Mary Prestridge her Mark X Wife of Charles Prestridge of Merton Surry.
Proved at London with a Codicil 22nd July 1831 before the Worshipful John Danbury, Doctor of Laws and Surrogate by the Oath of Isaac Cragg Smith Esquire the Nephew, the sole Executor to whom Admon. was granted, having been first sworn duly to administer.
Robert Taylor was the Armourer on Endeavour and had been requested by Cook for the voyage. There is no record of his place or date of birth but in his will he refers to a William Taylor, a shoemaker in Edinburgh, who was most probably a relation. He died at Woolwich on 1 August 1771, just after the Endeavour had reached home.
The will of ROBERT TAYLOR (proved on 8 August 1771 (11/970-294)).
In the name of God Amen, I Robert Taylor, Armourer of his majesty's Ship the Endeavour, Lieut. James Cook Commander, being of sound and disposing Mind and Memory do hereby make this my Last Will and Testament, first and principally I Command 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 unto my true and beloved friend and Brother Robert Anderson, Quarter Master belonging to the said Barque or Ship Endeavour, now lying at Woolwich, Subject to his paying the Sum of twenty Guineas to my Robert Taylor, Son of William Taylor, Shoemaker in the Grass Market , Edinburgh, Scotland at three month after my decease, and I do hereby Nominate, Constitute and appoint my true beloved friend and Brother Robert Anderson 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 I do declare this to be my Last Will and Testament, In Witness whereof I have hereunto set my hand and seal this twenty fifth day of July - year of our Lord one thousand seven hundred and seventy one, and in the Eleventh 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 - Robt. Taylor -
Signed Sealed published and declared by the said Robert Taylor 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 - Thos. Peck Surgeon - John Mara - William Peckover.
This Will was proved at London before the worshipfull George Harris Doctor of Laws and Surrogate of the Right Worshipfull George Kay also Doctor of Law Master Keeper or Commissary of the Prerogative Court of Canterbury Lawfully Constituted on the Eighth day of August in the year of our Lord one thousand Seven hundred and seventy one by the oath of Robert Anderson 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, he having been first sworn duly to administer.
Commentary by Cliff Thornton on Taylor's will
The will of WILLIAM TAYLOR (proved on 17 September 1842 (11/1968)).
I William Taylor of Greenwich in the County of Kent, Esquire, Admiral in His Majesty's Navy, do hereby revoke all Wills, Codicils and other Testamentory dispositions heretofore made by me and declare this to be my last Will and Testament.
I give and devise all and singular my messuages, lands, tenements and hereditaments, both freehold and copyhold, situate in the County of Cumberland and all other real estate whatsoever and wheresoever of or to which I or any person or persons in trust for me, am, is or are seized or entitled, in possession, reversion, remainder or expectation, or of which I have power to dispose by this my will, with their respective appurtenances (except such estates as are vested in me in trust or by way of mortgage) unto and to the use of Sir Henry Fletcher of Ashley Park, Walton upon Thames in the County of Surrey, Baronet John Taylor of Wigton in the said County of Cumberland, Esquire and Robert Frank Romer of Woolwich in the County of Kent, Esquire, a Captain in the Royal Artillery, their heirs and assigns, nevertheless upon and for the trusts, intents and purposes, and with, under and subject to the powers, provisoes and declarations hereinafter expressed, declared or contained or referred to of or concerning the same, (that is to say)
As to one undivided moiety or equal half part thereof Upon Trust that they the said Sir Henry Fletcher, John Taylor and Robert Frank Romer or the survivors or survivor of them or their heirs or assigns of such survivor do and shall during the life of my niece Elizabeth Taylor, Spinster (now residing with me) pay and apply the rents, issues and profits of the same premises to such person or persons and for such intents and purposes as the said Elizabeth Taylor shall from time to time whether she shall be married or single by any writing or writings under her hand (but not so as to dispose of or affect the same or any part thereof in the way of anticipation) direct or appoint. And in default of such direction or appointment unto the proper hands of her the said Elizabeth Taylor for her sole and separate use and benefit, independently and exclusively of any husband or husbands with whom she may intermarry and without being in anywise subject to the debts, controls, interference or engagements of any such husband, and the receipts in writing of the said Elizabeth Taylor or of her appointees, whether married or single to be from time to time sufficient discharges for the same and the same premises to be held and enjoyed by the said Sir Henry Fletcher, John Taylor, and Robert Frank Romer, their heirs and assigns during the life of the said Elizabeth Taylor, upon the trusts aforesaid without impeachment of or for any manner or waste,
And from and after the decease of the said Elizabeth Taylor do and shall stand and be seized of and interested in the said undivided moiety, hereditaments and premises with their appurtenances and the rents, issues and profits thereof, In Trust for all and every the children and child of the said Elizabeth Taylor lawfully begotten, as tenants in common in tail with cross remainders in tail between or among them if more than one, in equal shares,
And if there shall be but one such child then the entirety of and in the said undivided moiety, hereditaments and premises to go and be in trust for such one child in tail, And from and after the failure and determination of the trusts hereinbefore created do and shall stand and be seized of and interested in the same moiety, hereditaments and premises with their appurtenances upon and for such and the same trusts, intents and purposes and with, under and subject to such and same powers, provisoes and declarations as are hereinafter expressed, declared and contained or referred to of and concerning the other undivided moiety of and in my same messuages, hereditaments and real estate and etc.
As to for and concerning the other undivided moiety or equal half part of my said messuages, hereditaments and real estate with their appurtenances, I declare that the said Sir Henry Fletcher, John Taylor and Robert Frank Romer and the survivors and survivor of them and their heirs and assigns of such survivor do and shall stand and be seized of and interested in the same premises upon trust during the life of my niece Charlotte Murray Taylor, Spinster, now residing with me, to pay and apply the rents, issues and profits thereof to such person and persons and for such intents and purposes as the said Charlotte Murray Taylor whether she shall be married or single shall from time to time by any writing or writings under her hand (but not so as to dispose of or affect the same or any part thereof in the way of anticipation) direct or appoint. And in default of such direction or appointment unto the proper hands of her the said Charlotte Murray Taylor for her sole and separate use and benefit, independently and exclusively of any husband or husbands with whom she may intermarry and without being in anywise subject to the debts, controls, interference or engagements of any such husband, and the receipts in writing of the said Charlotte Murray Taylor or of her appointees, whether married or single to be from time to time sufficient discharges for the same and the same premises to be held and enjoyed by the said Sir Henry Fletcher, John Taylor, and Robert Frank Romer, their heirs and assigns during the life of the said Charlotte Murray Taylor, upon the trusts aforesaid without impeachment of or for any manner or waste,
And from and after the decease of the said Charlotte Murray Taylor do and shall stand and be seized of and interested in the said undivided moiety, hereditaments and premises with their appurtenances and the rents, issues and profits thereof, In Trust for all and every the children and child of the said Charlotte Murray Taylor lawfully begotten, as tenants in common in tail with cross remainders in tail, between or among them if more than one, in equal shares,
And if there shall be but one such child, then the entirety of and in the said last mentioned undivided moiety hereditaments and premises to go and be in trust for such one child in tail, And from and after the failure and determination of the trusts hereinbefore declared the same last mentioned undivided moiety, hereditaments and premises with their appurtenances to go and be held by my said trustees or trustee for the time being upon and for such and the same trusts intents and purposes and with, under and subject to such and same powers, provisoes and declarations as are hereinbefore or hereinafter expressed, declared or contained or referred to of and concerning the first mentioned undivided moiety of and in my said messuages, hereditaments and real estate.
And from and after the failure and determination of the trusts hereinbefore declared etc. to both the said undivided moities, then I declare that the said Sir Henry Fletcher, John Taylor and Robert Frank Romer and the survivors and survivor of them and the heirs and assigns of such survivor do and shall stand and be seized of the entirety of the said messuages, hereditaments and real estate with their appurtenances and the rents issues and profits thereof upon and for the trusts, intents and purposes and with, under and subject to the powers , provisoes and declarations hereinafter expressed, declared or contained or referred to of and concerning the same, (that is to say)
As to one equal undivided third part or share thereof, In Trust for my nephew the said John Taylor and his assigns during his life the same premises to be held and enjoyed by the said Sir Henry Fletcher, John Taylor and Robert Frank Romer, their heirs and assigns during the life of the said John Taylor without impeachment of or for any manner or waste, And from and after his decease, In Trust for all and every the children and child of the body of the said John Taylor as tenants in common in tail with cross remainders in tail between or among them if more than one in equal shares, And if there shall be but one such child then the entirety of the said one undivided equal third part or share of and in the said messuages, hereditaments and real estate to go and be In Trust for such one child in tail, And from and after the determination and failure of the trusts hereinbefore declared of the said undivided equal third part or share, the same premises to be held by my said trustees or trustees for the time being upon the trusts intents and purposes hereinafter expressed declared or contained or referred to of and concerning the same (that is to say)
As to one undivided moiety or equal half part or share of the said undivided equal third part or share of and in the said messuages, hereditaments and real estate upon such and the same trusts as are hereinafter declared for the benefit of my niece Grace, the wife of William Padwick of Hayling Island, Esquire and her children and their issue of and concerning the second one equal undivided third part or share of and in my said messuages, hereditaments and real estate,
And as to the other undivided moiety or equal half part or share of the said undivided third part or share of and in the said messuages, hereditaments and real estate upon such and the same trusts as are hereinafter declared by reference for the benefit of my niece Isabella Taylor, Spinster and her children and their issue of and concerning the third or last mentioned undivided one equal third part or share of and in my said messuage, hereditaments and real estate,
And as to for and concerning one other undivided equal third part or share of and in the said messuages, hreditaments and real estate upon trust during the life of the said Grace Padwick to pay and apply the rents, issues and profits of the same premises to such person or persons and for such intents and purposes as the said Grace Padwick notwithstanding her coverture shall from time to time by any writing or writings under her hand (but not so as to dispose of or affect the same or any part thereof in the way of anticipation) direct or appoint, and in default of such direction or appointment into the proper hands of the said Grace Padwick for her sole and separate use and benefit independently and exclusively of the said William Padwick or any husband or husbands with whom she may intermarry after his decease and without being in anywise subject to the debts, control, interference or engagements of the said William Padwick or any such future husband, and the receipts in writing of the said Grace Padwick or of her appointees, notwithstanding her present or any future coverture to be from time to time sufficient discharges for the same, And the same premises to be held and enjoyed by the said Sir Henry Fletcher, John Taylor and Robert Frank Romer their heirs and assigns during the life of the said Grace Padwick without impeachment of or for any manner of waste, And from and after the decease of the said Grace Padwick do and shall stand and be seized of the said last mentioned undivided one third part or share of and in the said messuages, hereditaments and real estate with their appurtenances, In Trust for all and every the children and child of the said Grace Padwick as tenants in common in tail with cross remainders in tail between or among such children, if more than one in equal shares, And if there shall be but one such child then the entirety of the said last mentioned undivided one third part or share of and in the said messuages, hereditaments and real estate to go to and be In Trust for such one child in tail. And from and after the determination and failure of the trusts hereinbefore declared of the said last mentioned undivided one third part or share of and in my said messuages, hereditaments and real estate the same premises with the appurtenances to be held by my said trustees or trustee for the time being upon the trusts hereinafter declared or contained or referred to of and concerning the same (that is to say)
As to one undivided moiety or equal half part or share thereof upon such and the same trusts as are hereinbefore declared for the benefit of my nephew the said John Taylor and his children and their issue of and concerning the first mentioned one undivided third part or share of and in my said messuages, hereditaments and real estate, And as to the other undivided moiety or equal half part or share thereof upon such and the same trusts as are hereinbefore or hereinafter declared by reference for the benefit of my niece the said Isabella Taylor and her children and their issue of and concerning the third or next mentioned undivided one third part or share of and in my said messuages, hereditaments and real estate,
And as to the other or remaining undivided equal third part or share of and in the said messuages, hereditaments and real estate with their appurtenances upon trust that they the said Sir Henry Fletcher, John Taylor and Robert Frank Romer and the survivors and survivor of them and the heirs and assigns of such survivors do and shall stand and be seized of the same premises and the rents, issues and profits thereof upon such and the same trusts for the benefit of my said niece Isabella Taylor and her children and their issue as are hereinbefore declared for the benefit of my said niece Grace Padwick and her children and their issue of and concerning the last mentioned equal undivided one third part or share of and in my said messuages, hereditaments and real estate the same premises to be held and enjoyed by the said Sir Henry Fletcher, John Taylor and Robert Frank Romer their heirs and assigns during the life of the said Isabella Taylor, without impeachment of or for any manner of waste, And from and after the failure and determination of the trusts hereinbefore declared by reference of the said last mentioned undivided equal third part or share of and in the said messuages, hereditaments and real estate do and shall stand and be seized of the same premises and the rents, issues and profits thereof, upon the trusts following (that is to say)
As to one undivided moiety or equal half part or share thereof upon such and the same trusts as are hereinbefore declared for the benefit of my nephew the said John Taylor and his children and their issue of and concerning the first mentioned one third part or share of and in my said messuages, hereditaments and real estate,
And as to the other undivided moiety or equal half part or share thereof upon such and the same trusts as are hereinbefore declared for the benefit of my niece the said Grace Padwick and her children and their issue
of and concerning the secondly mentioned undivided one third part or share of and in my said messuages, hereditaments and real estate, And from and after the failure and determination of the several trusts hereinbefore created the entirety of the said messuages, hereditaments and real estate or so much thereof as shall not have been raised and applied under the power of advancement hereinafter contained, shall go and be in trust for the person or persons who at my decease would have been entitled to my personal estate under the Statute for the distribution of the effects of Intestates in case I died intestate and such persons, if more than one, to take in the shares in which they would have become entitled to such personal estate provided always,
and I hereby further declare my will to be that in case my said nieces the said Elizabeth Taylor and Charlotte Murray Taylor or either of them shall happen to die leaving husbands or a husband, them or her respectively surviving and whether they or either of them shall leave any child or children them or her respectively surviving or not, It shall be lawful for my said trustees or trustee for the time being after the decease of the said Elizabeth Taylor and Charlotte Murray Taylor or either of them during the respective lives of such surviving husbands to pay to or permit them or him respectively of their or his assigns respectively to receive one moiety or equal half part of the rents, issues and profits dividends, interest and annual produce of so much and such part or parts of the said messuages, hereditamemnts and real estate, stocks, funds and securities as I have originally devised to or in trust for the said Elizabeth Taylor and Charlotte Murray Taylor respectively for their respective lives for his and their own use and benefit, anything hereinbefore contained to the contrary thereof in anywise notwithstanding,
I give and bequeath to my said nieces Elizabeth Taylor and Charlotte Murray Taylor during their lives and the life of the survivor of them all the plate which was given to me by the Canadian Merchants and from and after the decease of the survivor of my said nieces I give and bequeath the same to my said nephew John Taylor during his life and after his decease I give and bequeath the same to his eldest or only child for his or her own use and benefit bit in case the said John Taylor shall leave no child him surviving then I give and bequeath the same plate to my said niece Grace Padwick to be held and enjoyed by her during her life, and after her decease I give and bequeath the same plate to the eldest or only son of the said Grace Padwick his executors and administrators and assigns,
and I give and bequeath unto each of my Executors hereinafter named the sum of fifty pounds of lawful money of the United Kingdom of Great Britain and Ireland to be paid to them respectively within three calendar months next after my decease the same sums respectively be raised out of the three per cent consolidated Bank annuities now standing in my name in the books of the Governor and Company of the Bank of England or out of such other parliamentary stocks as the said consolidated Bank annuities shall or may be transferred to or vested in at the time of my decease,,p> and I give and bequeath unto my said nieces Elizabeth Taylor and Charlotte Murray Taylor their executors, administrators and assigns the sum of two thousand pounds of the said consolidated Bank annuities or of such other parliamentary stocks as the same Bank annuities shall or may be transferred to or invested in at the time of my decease, the said sum of two thousand pounds consolidated Bank annuities or such stocks as aforesaid to be transferred or paid to the said Elizabeth Taylor and Charlotte Murray Taylor their executors, administrators or assigns in equal shares within three calendar months next after my decease or their own use and benefit
and I give and bequeath unto the said Sir Henry Fletcher, John Taylor and Robert Frank Romer their executors, administrators and assigns All the said three per cent consolidated Bank annuities now standing in my name in the said books of the Governor and Company or as the case may be, all such other parliamentary stocks as the same bank annuities shall or may be transferred to or invested in at the time of my decease (subject nevertheless to the several legacies hereinbefore charged upon the same) with full power and authority at the discretion of my said trustees or trustee for the time being from time to time to alter and vary the same consolidated Bank annuities or other parliamentary stock as the case may be for others of a like nature or to lay out the same or any part thereof at interest upon government or real securities in England with power to alter and vary the same from time to time as aforesaid, And I declare that my said trustees or trustee for the time being shall stand and be possessed of and interested in the same consolidated Bank annuities or other trust monies, stocks, funds or securities in or upon which the same shall from time to time be laid out or invested and the interest dividends and annual produce thereof upon and for such and the same trusts intents and purposes and with under and subject to such and the same restrictions, powers, provisoes and declarations in all respects as I have hereinbefore or hereinafter declared, expressed or referred to of or concerning my said messuages, hereditaments and real estate or as near thereto as the different nature of the property and other circumstances will admit and I give and bequeath all my Exchequer Bills, India Bonds, Cash at my Bankers or elsewhere, Navy pay, which shall be due to me at my decease, furniture, plate, carriages, horses, wines and liquors, and all and singular other the Personal Estate and Effects whatsoever and wheresoever to which I or any person or persons in trust form me am, is, are or shall be entitled at the time of my decease in possession, reversion or expectancy (except such part or parts thereof respectively as I have hereinbefore specifically disposed of) unto my said nieces Elizabeth Taylor and Charlotte Murray Taylor, their executors administrators and assigns for their absolute use and benefit, charged and chargeable nevertheless with the payment of my just debts and funeral and testamentory expenses which I expressly declare shall be paid and satisfied within three calendar months next after my decease,
And I hereby authorise and empower my said or trustee for the time being at any time or times during the continuance of the trusts hereby in them reposed at their or his discretion to grant any lease or leases of my said messuages, hereditaments and real estate or any part thereof at improved rents without taking any fine and for any term or number of years not exceeding twenty one years in such manner and form and with such covenants and conditions to be inserted in such Leases as Counsel shall advise, And I declare my will to be that it shall be lawful for my said trustees or the survivors or survivor of them or the heirs, executors or administrators of such survivor at any time or times, at the request of the person or persons who for the time being shall under the limitations hereinbefore contained be entitled to the rents, issues and profits of my said messuages, hereditaments and real estate (such request to be signified by due writing or writings to be sealed and delivered by them or him in the presence of and to be attested by two or more credible witnesses) to dispose of convey and surrender either by way of absolute sale or in exchange for other messuages, hereditaments and real estate to be situate in England of a clear estate of inheritance either in wholly freehold or freehold and copyhold all or any part of my said messuages, hereditaments or real estate either together or in parcels and either by public Auction or Private Contract to any person or persons who shall be willing to become the purchaser or purchasers thereof for such piece or pieces or sum or sums of money or for such equivalent or recompence in lands or hereditaments as my said trustees or trustee for the time being shall think reasonable and with power to buy in the same premises or any part or parts thereof at any sale or sales by Auction, and to resell the same without being in anywise answerable for any loss which may happen thereby and that upon any such exchange as aforesaid it shall be lawful for the person or persons exercising this present power to give and receive any sum or sums of money by way of equality of exchange And I declare that upon payment of any money arising from any such sale or sales or to be received for equality of exchange as aforesaid the receipts of my said trustees or trustee for the time being shall be good and sufficient discharges for the person or persons paying such purchase or other money for so much thereof as in such receipts shall be respectively expressed to be received and that the person or persons paying such monies respectively and taking such receipts for the same as aforesaid shall not be obliged to see to the application or be answerable or accountable for any loss misapplication or non-application of such money or any part thereof
And I declare that when all or any part of the said messuages, hereditaments or real estates shall be sold and conveyed for a valuable consideration in money, also when any money shall be received for equality of exchange as aforesaid, my said trustees or the trustee for the time being, shall with all convenient speed, with the consent in writing of the person for the time being entitled in possession under the limitations aforesaid if such person shall be of full age and if not with the consent in writing of the guardians or guardian for the time being lay out and invest such monies in the purchase of other messuages, lands or hereditaments to be situate in England and of a clear estate of inheritance either wholly freehold or freehold and copyhold, with copyhold in any one purchase not to exceed one fourth part of the hereditaments to be comprised in such purchase,
And I further declare that my said trustees or trustee for the time being do and shall settle and assure or raise to be settled and assured as well the hereditaments so to be purchased as those to be taken in exchange as aforesaid to such and the same uses and upon such and the same trusts, intents and purposes and under and subject to such and the same powers, provisoes, limitations and declarations as are in and by this my will limited, expressed and declared or referred to of and concerning my said messuages, hereditaments and real estates hereinbefore devised or as near thereto as the deaths of parties and other circumstances will then admit of, Provided always, and I hereby further declare that until the money arising from any such sale or sales or to be received for equality of exchange as aforesaid shall be laid out or invested by my said trustees or trustees for the time being in their or his names or name in the parliamentary stocks or public funds of Great Britain or at interest upon government or real securities in England with power to alter and vary such stocks, funds or securities for any others of the like nature.
And I declare that the interest, dividends and annual produce of such stocks, funds and securities shall go and be paid to such person or persons **. For such intents and purposes and in such manner as the rents and profits of the hereditaments to be purchased therewith would go and be payable or applicable in case such purchase or purchases and settlement were then actually made. And I hereby authorize and enpower my said trustees or trustee for the time being at any time or times during the continuance of the trusts hereby in him or them reposed at the request of the persons or person who for the time being shall be entitled to the rents, issues and profits of my said messuages, hereditaments and real estate hereinbefore devised (such request to be signified by some writing or writings under their, her or his hands and seals or hand and seal) to sell and convert into money all or any part of the said three per cent consolidated bank Annuities or other parliamentary stocks as aforesaid herein before bequeathed to my said trustees in trust as aforesaid and to lay out the monies to arise thereby in the purchase of freehold lands and hereditaments in fee simple in England.
And I declare that the lands and hereditaments so to be purchased shall be conveyed, settled and assured to such and the same uses upon such and the same trusts and with, under and subject to such and the same powers, provisoes, restrictions and declarations as I have hereinbefore or hereinafter expressed, declared or referred to of or concerning my said messuages, hereditaments and real estate in the said County of Cumberland or such of the same uses, trusts, powers, provisoes, restrictions and declarations as shall be then subsisting undetermined and capable of taking effect, provided always and I hereby declare my will to be that it shall be lawful for my said trustees or trustee for the time being at any time or times after the decease of any person hereinbefore named to whom or for whose benefit the rents, issues and profits interest dividends and annual produce of any part or share or parts or shares of or in the said messuages, hereditaments and real estate, trust monies, stocks, funds and securities would for the time being if such person were living be payable or applicable during her or his life under any of the trusts hereinvefore declared by mortgage sale or otherwise of the real and personal estate or either of them to levy and raise any part or parts not exceeding one moiety of the share or shares portion or portions to which any child or children of such person shall or may for the time being be presumptively entitled under any of the trusts hereinbefore declared or referred to and to apply the same for or towards the advancement or preferment in the world of such child or children respectively in such manner as to the same trustees or trustee for the time being shall seem expedient, Provided also and I further declare my will to be that after the decease of any person hereinbefore named to whom or for whose benefit the rents, issues and profits, interest, dividends and annual produce of any part or share or parts or shares of or in the said messuages, hereditaments and real estate, trust monies, stocks, funds and securities would for the time being if such person were living be payable or applicable under any or the trusts hereinbefore declared and during the minority or respective minorities of any child or children of such person the said trustees or trustee for the time being do and shall at their or his discretion (but subject and without prejudice to the trusts hereinbefore declared) for the benefit of any husband who may survive my said nieces Elizabeth Taylor and Charlotte Murray Taylor respectively as aforesaid pay and apply for or towards the maintenance or education of such child or children respectively the whole or such part as the same trustees or trustee shall think fit of the rents, issues and profits, interest dividends and annual produce of the part share pr portion or respective parts shares or portions to which such child or children respectively shall or may for the time being be presumptively entitled under any of the trusts hereinbefore declared or referred to and do and shall accumulate the surplus or residue (if any) from time to time of the rents, issues and profits, interest dividends and annual produce of such presumptive part, share or portion for the time being of each such child in the way of compound interest by investing the same and all the resulting income and produce thereof from time to time in or upon any such stocks, funds and securities as are hereinbefore mentioned with power to alter and vary such securities as aforesaid,
And I declare my will to be that such savings as aforesaid and the stocks, funds or securities in or upon which the same shall be laid out or invested and the accumulations thereof shall be held and applied upon the same trusts as are hereinbefore declared or referred to of or concerning the moiety part or share from which the same respectively shall have proceeded (or as near thereto as the different nature of the property and other circumstances will admit) and be considered part thereof provided also And I hereby declare my will to be that if my said nieces the said Elizabeth Taylor and Charlotte Murray Taylor or either of them after my decease shall happen to marry, then and in such case I direct that my said trustees or trustee for the time being shall by such deeds or other assurances in the law as counsel shall advise in that behalf, convey, surrender, assign and assure all and singular the part or share or parts or shares of and in the said messuages, hereditaments real estate and consolidated Bank Annuities or the stocks, funds and securities in or upon which the same shall for the time being be laid out or invested to which the niece so marrying shall for the time being be entitled under any of the trusts hereinbefore declared with the appurtenances so and in such manner as that the same premises respectively may upon such marriage respectively be settled and assured for the benefit of my said nieces respectively and their intended husbands and children and issue respectively upon trusts corresponding as nearly as may be with those hereinbefore declared or referred to of or concerning the part or share of and in the same premises to which such niece respectively shall be so entitled as aforesaid and that such settlements respectively shall contain proper powers of leasing, sale, exchange, partition, advancement and maintenance and all such other powers and authorities as Counsel shall advise in that behalf so as to effectuate as nearly as possible the intention expressed in this my will
And I give, devise and bequeath unto the said Sir Henry Fletcher, John Taylor and Robert Frank Romer, their heirs executors and assigns respectively All the estates which at the time of my decease shall be vested in me by way of mortgage or for any trust with their appurtenances, To have and to hold the same premises unto the said Sir Henry Fletcher, John Taylor and Robert Frank Romer their heirs, executors and assigns respectively according to the nature and quality thereof respectively subject to the equity of redemption and to the trusts which shall then be subsisting or capable of taking effect therein respectively but the money secured on such mortgages to be considered and taken as part of my personal estate, Provided always and I hereby declare that the receipt or receipts in writing of my said trustees or trustee for the time being for any sum or sums of money which shall be payable to them or him under or by virtue of this my will or in or about the execution of any of the trusts or powers hereinbefore declared or contained shall be a sufficient and effectual discharge or sufficient and effectual discharges for the same respectively or so much thereof respectively as in such receipt or receipts respectively shall be expressed or acknowledged to be re eived and that the person or persons to whom the same shall be given his, her or their heirs executors adminstrators or assigns shall not afterwards be answerable or accountable for any loss misapplication or nonapplication or be in anywise obliged or concerned to see to the application of the money therein mentioned and acknowledged to be received.
And I appoint the said Sir Henry Fletcher, John Taylor and Robert Frank Romer Executors of this my will provided always and I hereby declare my will to be that if my said trustees or either of them or any trustee or trustee to be appointed as hereinafter is mentioned shall die or be desirous of being discharged from or decline or become incapable to act in the aforesaid trusts or powers before the same shall be fully executed and performed then and in every such case it shall be lawful for the surviving or continuing trustee or trustees for the time being or the executors or administrators of the last surviving or continuing trustee with the consent in writing of the said Elizabeth Taylor and Charlotte Murray Taylor or the survivor of them during their or her lives or life and after the decease of such survivor than at the discretion of the trustees or trustee for the time being by any deed or deeds, instrument or instruments in writing to be sealed and delivered by them, her or him in the presence of and to be attested by two or more credible witnesses from time to time to nominate substitute or appoint any other person or persons to be a trustee or trustees in the stead or place of the trustee or trustees so dying or desiring to be discharged or declining or becoming incapable to act as aforesaid and that upon every such appointment all the trust estates, monies stocks, funds and securities if any which shall be invested in the trustee or trustees so dying or desiring to be discharged or declining or becoming incapable to act as aforesaid either solely or jointly with the other trustee or trustees of the same respectively or in the surviving trustee of the same respectively or in the heirs executors or administrators of the last surviving trustee of the same respectively as the case may be shall with all convenient speed have conveyed surrendered assigned and transferred in such sort and manner as that the same shall and may be effectually vested in the surviving or continuing trustee or trustees only upon the same respectively and such new or other trustee or trustees or if there shall be no continuing trustee or trustees of the same respectively then in such new trustee or trustees only upon the same trusts as are hereinbefore declared of and concerning the same respectively or such of the same trusts as are as shall or may be then subsisting or capable of taking effect
And I declare that the trustee or trustees so to be nominated substituted or appointed as aforesaid shall have such and the same powers and authorities to all intents and purposes whatsoever as if he or they had been originally in and by this my will nominated trustee or trustees Provided always and I hereby declare my will to be that the said trustees hereby nominated and appointed or to be appointed as aforesaid shall respectively be charged and chargeable only for such monies as they shall respectively actually receive by virtue of the trusts hereby in them reposed notwithstanding his her their or any of their giving or signing or joining in giving or signing any receipt or receipts for the sake of conformity and any one or more of them shall not be answerable or accountable for the other or others of them or for the acts receipts neglects or defaults of the other or others of them but each and every of them only for his and their own acts receipts neglects or defaults respectively and that any one or more of them shall not be answerable or accountable for any misfortune, loss or damage which may happen in the execution of any of the aforesaid trusts or in relation thereto except the same shall happen by or through their own wilful default respectively And also it shall be lawful for them the said trustees or trustee for the time being by and out of the monies which shall come to their respective hands by virtue of the trusts aforesaid to retain to and reimburse himself and themselves respectively and also to allow to his and their Co-trustee and Co-trustees all costs charges damages and expences which they or any of them shall or may suffer sustain expend or be put unto in or about the execution of the aforesaid trusts or in relation thereunto,
In Witness whereof I the said William Taylor the testator have to this my last Will and testament and to a duplicate hereof each contained in fourteen sheets of paper set my hand and seal that is to say to the first thirteen sheets my hand and to this fourteenth and last sheet my hand and seal the twenty seventh day of July one thousand eight hundred and thirty two - William Taylor.
Signed, sealed published and declared by the said William Taylor 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 as witnesses thereto - Thomas Clarke, Craven St. Strand, Solr., Richard Radcliffe, J. McMahon, Fr. Pasquier. Clerks to Messrs Fynmore & Clarke, Craven St. Strand.
Codicil.
This is a Codicil to be endorsed upon and taken as part of the last will and testament of me William Taylor of Greenwich in the County of Kent, Esquire, Admiral in His Majesty's Royal Navy which will bears date the twenty seventh day of July one thousand eight hundred and thirty two, whereas I have by my said will devised and bequeathed All and singular my real and personal estate whatsoever and wheresoever stocks, funds and securities (except as therein mentioned) unto and to the use of Sir Henry Fletcher of Ashley park, Walton upon Thames in the County of Surrey Baronet, John Taylor of Wigton in the County of Cumberland Esquire, and Robert Frank Romer of Woolwich in the County of Kent Esquire, a captain in the Royal Artillery, their heirs, executors, administrators and assigns upon certain trusts therein mentioned or referred to and appointed the Executors thereof and gave to each of them a legacy of fifty pounds, but it is now my intention to revoke the devise and bequest to the said Robert Frank Romer and the appointment of him as Executor and also the legacy of fifty pounds to him and each of my other Executors and to substitute Robert Henry Jones of Great Marlborough Street in the Parish of Saint James, Westminster in the County of Middlesex Solicitor to be Trustee and Executor in the room of the said Robert Frank Romer. Now I hereby revoke the devise and bequest to the said Robert Frank Romer and the appointment of him as Executor contained in my said will and also the pecuniary legacies thereby given to him and the said Sir Henry Fletcher and John Taylor. And I hereby give, devise and bequeath All and singular my messuages, lands, tenements and hereditaments both freehold and copyhold situate in the County of Cumberland and all other the real and Personal Estate whatsoever and wheresoever stocks, funds and securities of or to which I or any person or persons in trust for me am is or are seized or entitled in possession, reversion, remainder or expectancy or of which I have power of disposition with their respective appurtenances (except such estates as are vested in me in trust or by way of mortgage) so given devised and bequeathed by me in and by my said will to the said Sir Henry Fletcher, John Taylor and Robert Frank Romer as afore unto and to the use of the said Sir Henry Fletcher, John Taylor and Robert Henry Jones heirs, executors administrators and assigns upon the trusts and for the intents and ***(torn away) expressed and declared of and concerning the same in and by my said will and I declare that the trustees hereinnamed shall be invested with and exercise all the powers and authorities given to the trustees named in my said will and I give unto each of them the said Sir Henry Fletcher, John Taylor and Robert Henry Jones the sum of one hundred pounds in lieu of the legacy or sum of fifty pounds so given by my said will and I confirm my will in all respects in which the same is not hereby altered.
In Witness whereof I the said William Taylor the testator have to this Codicil to my said will set my hand and seal this fifth day of June one thousand eight hundred and thirty five William Taylor.
Signed sealed published and declared by the said testator as and for a Codicil to his last will and testament in the presence of us who at his request in his presence and in then presence of each other have subscribed our names as witnesses thereto, the word Frank being written on an erasure through & June being written on an erasure. Thomas Clarke. Jb. Birt, Richard Radcliffe. Clks to Messrs Clarke & Co. 43 Craven Street, Strand.
Codicil 2nd.
In order that my niece Elizabeth Taylor should not suffer from the marriage of my other niece, now Charlotte Murray Williams, I add the following Codicil to my will. I now leave solely and only at my decease and during the life of her Sister $400 p annum To Mrs Charlotte Murray Williams being £200 p. an. In addition to what she already receives from me but remaining under the same Trustees & restrictions as before made. My niece Elizabeth Taylor to enjoy the whole of the remainder of my property both Personal & landed with the restrictions as before made under the same trustees. If she marries then her sister to share exactly the personal & landed property only, Instead of 1,000 consols as a gift I give Elizabeth Taylor as a gift the residue of my half pay, Cash at the Bankers, Exchequer Bills at the Bankers and that remain also the linen, plate, carriages, wines, wearing apparel, furniture & all other personal effects. This addition to my will cannot be added at present to the copy at my Bankers Messrs Smith, Payne & Smiths. I leave £100 to Mr William Halton, & £100 to his Brother Mr Thos. Halton both living at Carlisle. William Taylor.
Witnesses to the Codicil - John Peyrebrune Gent. British Embassy at Paris, Frederick Richard Sasse, Clerk to H.B.M.Consul at Paris, Thomas Pickford H.B.M. Consul at Paris.
Codicil 3d.
My niece Mrs Charlotte Murray Williams having died at Pau in France, May 3rd 1839 & without children, neither she or her husband are to claim or receive any more of my property. William Taylor.
Witness to my signature. Thomas Pickford H.B.M. Consul at Paris, Frederick Richard Sasse, Clerk to H.B.M. Consul at Paris, John Peyrebrune, Gent. British Embassy at Paris.
In the Prerogative Court of Canterbury
In the Goods of William Taylor Esquire deceased.
Appeared personally John Peyrebrune Gentleman of the British Embassy at Paris and made oath that he is one of the subscribed witnesses to the second and third Codicils to the will and testament respectively hereunto annexed of William Taylor late of Greenwich in the County of Kent Esquire an Admiral in her Majesty's Navy deceased, the said second Codicil beginning thus "Codicil 2nd Paris 58 Rue d'Anjou, July 20 1837 In order that my niece Elizabeth Taylor should not suffer from the marriage of my other niece, now Charlotte Murray Williams" ending thus " I leave £100 to Mr William Walton & £100 to his brother Mr Thomas Walton both living at Carlisle" and subscribed "William Taylor" the said third Codicil being the following words and figures "Paris Rue D'Anjou, June 11 1839. My niece Mrs Charlotte Murray Williams having died at Pau in France May 3rd 1839 & without children neither she or her husband are to claim or receive any more of my property" and subscribed "William Taylor" and referring particularly to the interlineation of the words "at the Bankers" between the thirteenth and fourteenth lines and the obliteration of the words "India Bonds" in the said fourteenth line of the said second Codicil the deponent saith that he hath carefully inspected the said Codicil and submitted the same to the inspection of Thomas Pickford Esquire another of the subscribed witnesses thereto and that neither he this deponent nor the said Thomas Pickford are able to depose whether or not the said interlineation and obliteration or either of them were made in the said Codicil previous to the execution thereof by the said testator, And he lastly saith that on the said eleventh day of June one thousand eight hundred and thirty nine the said testator duly executed the above recited third Codicil to his will by signing his name thereto in the presence of this deponent and of the said Thomas Pickford and of Frederick Richard Sasse the other subscribed Witnesses to the said Codicil, all of whom were present at the same time and respectively in the presence of the said testator subscribed their names to the said Codicil as witnesses to the execution thereof John Peyrebrune.
On the sixth day of September one thousand eight hundred and forty two the said John Peyrebrune was duly sworn to the truth of this Affidavit by virtue of the annexed requisition before me, Thomas Pickford, H.B.M. Consul at Paris.
In the Prerogative Court of Canterbury
In the Goods of William Taylor Esquire deceased.
Appeared personally John Taylor of Wigton in the County of Cumberland Esquire, John Bryant Priestman and Richard Flowers respectively of No. 1 Lombard Street in the City of London, Gentlemen and made oath and first the said John Taylor for himself made oath that he is the nephew and one of the Executors named in the last will and testament with three Codicils hereunto annexed of the said William Taylor, late of Greenwich in the County of Kent Esquire an Admiral in her Majesty's Navy deceased, that having received intimation of the said deceased's death which took place on Tuesday the nineteenth day of July last, he attended the said deceased's house at Greenwich aforesaid on the following Thursday to wit the twenty first day of the said month when Miss Elizabeth Taylor, the niece of the said deceased and who had resided with him for many years placed in his hands the aforesaid last will and testament and three Codicils of the said deceased closely sealed up in an Envelope that he the Appearer broke open the seals of such Envelope and perused the said will and codicils, the second codicil beginning thus "Codicil 2nd Paris 58 Rue d'Anjou July 20 1837 - In order that my niece Elizabeth Taylor should not suffer from the marriage of my other niece now Charlotte Murray Williams" ending thus "I leave £100 to Mr William Halton & £100 to his Brother Mr Tho. Halton both living at Carlisle" and subscribed "William Taylor" and referring particularly to the said second Codicil and to the interlineation of the words "at the Bankers" between the thirteenth and fourteenth lines and the words "& India Bonds" struck through with a pen in the said fourteenth line thereof he deposes and says that he observed the above recited interlineation and the said words "& india Bonds" to be struck through upon his taking the said will and codicils from the Envelope in which it was sealed up as aforesaid on the twenty first day of July last.
And the said John Bryant Priestman and Richard Flowers for themselves made oath that they knew and were well acquainted with the said William Taylor Esquire deceased and also with his manner and character of handwriting and subscription having frequently seen him write and also write and subscribe his name and having now carefully inspected the above in part recited second Codicil to the last will and testament of the said deceased and particularly observed the hereinbefore recited interlineation therein they depose and say that they verily and in their consciences believe the whole body series and contents of the said Codicil together with the aforesaid interlineation to be all of the proper handwriting of the said William Taylor Esquire deceased. John Taylor John Bryant Priestman Richard Flowers.
On the 13th day of September 1842 the said John Taylor, John Bryant Priestman and Richard Flowers were duly sworn to the truth of this Affidavit before me J.J.Pratt Surr. - Pres. Henry Ibbetson Noty Pubc.
Proved at London with three Codicils the 17th September 1842 before the worshipful John Haggard Doctor of Laws and Surrogate by the Oaths of Sir Henry Fletcher Baronet and John Taylor Esquire the nephew, the Executors named in the said will and Robert henry Jones Esquire the Executor according to the tenor of the First Codicil to whom Administration was granted having been first sworn duly to administer.
John Thurman sailed on the Endeavour as an Able Seaman having been pressed at Madeira in September 1768. He was born in 1748 but his birthplace is unrecorded. He died on 3 February 1771 as the Endeavour crossed the Indian Ocean. No family is mentioned in his will. He had been punished on two occasions; on 19 November 1768 for disobedience; and on 12 June 1769 for theft.
The will of JOHN THURMAN (proved on 5 August 1771 (11/970)).
In the Name of God Amen, I John Thurman, Seaman 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 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 and for and concerning all my worldly Estate, I give, bequeath and dispose thereof as followeth, that is to say -
All such wearing apparel and Necessaries that I am possessed of at the time of my Decease, I Give and bequeath them to George Nowell, Seaman on Board said Bark, together with Five Guineas to be paid out of my wages. I also bequeath unto Samuel Jones Eight Guineas to be paid out of my Wages, and to Robert Anderson three pounds Eleven Shillings and four pence out of my wages. And as for and concerning the Residue of my Wages, I Give and bequeath the same unto Thomas Hardman, Richard Littleboy, Michael Littleboy and John Marra, Seamen belonging to said Bark, to be equally divided between them. Lastly I Give unto Charles Williams Six Volumes of Natural History.
And I do hereby Nominate and appoint my Friend George Nowell aforesaid Sole Executor of this 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 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 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. John Thurman.
Signed, Sealed Published and Declared in the presence of Jams. Cook J Hickes, R Orton.
This Will was proved at London before the Worshipful Francis Simpson, Doctor of Laws and Surrogate of the Right Worshipful George Hay also Doctor of Laws and Master Keeper or Commissary of the Prerogative Court of Canterbury Lawfully Constituted on the Fifth day of August in the year of our Lord One thousand Seven hundred and Seventy one by the oath of George Nowell, 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 JAMES TREVENEN proved 04 December 1790 (11/1199)
In the Name of God Amen, I James Trevenen of the Parish of Camborne in the County of Cornwall in England and now serving in the Russian Navy, being in sound health of Body and Mind do hereby make this my last Will and Testament.
If I die without Issue, I hereby give and bequeath all my Temporal Wealth without Exception to my beloved Wife Mrs Elizabeth Trevenen of Petersburg, to be hers without Lett or Reservation for the space of her natural life, provided always that she do not touch the Principal of the Thousand Pounds Stock which I have in the 4 P.Cent Consols. in England, provided also that she do not touch the Pricipal of Three hundred Pounds of mine in the hands of my Brother the Rev. Thomas Trevenen of Cardenham in Cornwall from whom I receive Interest for the same.
I will that these two Sums after my Wife's decease revert to my own family and be equally divided between the Children of my Brother, the said Thomas Trevenen, and of my two Sisters Elizabeth and Jane Penrose.
If my Wife should be now with Child and should bring forth a Son into the World I likewise leave everything to her till this Son shall be of the age of twenty one at which time he shall receive the two Sums above mentioned for his fortune, as well as the Sum of five hundred Pounds more at the death of his Mother. This five hundred pounds to be taken out of the Sum of Money which she brings me in Dowry and which the five hundred pounds I likewise bind her up from spending or making over to any body else. The rest to be at her own disposal.
If my Wife should bring forth a Daughter, I bequeath to this Daughter exactly the same, except that I will she do not Marry 'till the age of thirty years without the consent of her Mother on pain of forfeiting this Maintenance. When she shall have obtained the full Age of Thirty Years she shall then receive this Sum without the least deduction on any account, my Wife being hereby bound to give her, her Board, Lodging, Education etc. etc. 'till she have obtained the said Age of Thirty Years in Consideration of this fortune which she will have in her hands. I also will that at the death of her Mother, she receive the sum of five hundred pounds to be paid out of the Dowry I received with my Wife and which I likewise in this case bind her up from spending or making over.
Nota Bene That with regard to the fortune bequeathed to my future Son or Daughter, I will that from the first moment of his or her Birth, the Interest of the said two Sums (one of one Thousand Pounds Stock in the 4 P Cents and the other of three hundred Pounds Sterling in the hands of my Brother the Revd. Thomas Trevenen) be applied to the charge of their Education and be accounted theirs from the Moment of their Birth, and that an account be made of the Expenditure of the same. And I will that no more of their fortunes be expended upon them but that they receive them entire provided always that if a Daughter she do not Marry till the Age of Thirty Years without her Mother's Consent on pain of forfeiting everything here bequeathed her. At the Age of Thirty Years she shall be at Liberty to follow her own inclinations.
I also will that if she Marry before Thirty Years of Age with her Mother's consent she shall then receive the above two Sums of one Thousand Pounds Stock and three hundred pounds sterling. Also I will that if my Son should Marry before the Age of twenty one years with my Wife's consent and not else, he shall then receive also the said two Sums.
I appoint for Executors to this my last Will and Testament my Brother John Trevenen Esqr. of Helstone in Cornwall, and my Cousin Mr Thomas Wood of London, Merchant. These to Act in England. And in Russia I appoint my Father in Law Mr John Farquharson Broker and Mr Thomas Harvey, Merchant, my Executors, begging them all to take upon themselves this trouble for my sake (Signed ) James Trevenen.
This sheet of paper signed and sealed by the above mentioned James Trevenen was
published & declared to be his last Will and Testament in the presence of us who have
hereunto subscribed our Names was Witnesses in the presence of the said Testator (Signed)
John Cayley, Consul General.
(Signed) Charles Steward.
In the underwritten His Brittanick Majesty's Consul General do hereby attest that the
above is a true & exact Copy of the Original last Will and Testament of the late James
Trevenen and which was Witnesses by me at the time of its being Signed by the
Deceased In Testimony whereof I have hereunto set my hand and seal in St.Petersburg this
15th day of July 1790 Old Stile.
John Cayley.
This Will was proved at London the fourth day of December in the Year of Our Lord one thousand seven hundred and ninety before the Right Honorable Sir William Wynne Knight, Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury, lawfully constituted by the Oaths of John Trevenen Esquire the Brother of the Deceased, and Thomas Wood, the Executors named in the said Will, to Act in England only, to whom Administration was granted for the purpose aforesaid but no further or otherwise, having been first sworn by Commission duly to administer.
The will of EDWARD TURRELL proved 21 October 1823 (11/1677)
This is the Last Will and Testament of me Edward Turrell of the Town and Port of Folkstone in the County of Kent, Superannuated Boat Officer of His Majesty's Customs.
I desire to be decently interred at the discretion of John Pledge of the Town of Folkestone in the County of Kent, Blacksmith, whom I do hereby nominate, constitute and appoint sole Executor of this my last Will.
I direct all my just debts and funeral expences may be paid and satisfied and after payment thereof I give, devise and bequeath unto Ann Pledge, daughter of the above named John Pledge, all my estate and effects, both real and personal and of what nature or kind soever the same may be or that I may be entitled unto at the time of my decease, the effects are secured in Penssian bonds to the amount of two hundred pounds, the particulars of which are deposited in my large chest, the interest of which is payable half yearly.
And I do hereby revoke all former and other Wills by me at any time heretofore made, and do declare this only to be and contain my last Will and Testament. In witness whereof I the said Edward Turrell the Testator have to this my last Will and Testament set my hand and seal this fourteenth day of May in the year of our Lord One thousand eight hundred and twenty one. The mark of + Edward Turrell.
Signed, sealed, published and declared by the said Edward Turrell the Testator to
be his last Will & Testament in the presence of us who at his request in his presence and
in the presence of each other have hereunto subscribed our names as witnesses
Geo. Stone of Folkestone, Law Stationer
J.O.Stone of the same place, Schoolmaster.
Proved at London 21st Oct. 1823 before the Judge by the oath of John Pledge the sole Exor. to whom Admon. was granted having been first sworn by Comon. duly to Admr.
The will of GEORGE VANCOUVER proved 22 August 1798 (11/1312)
Captain George Vancouver being desirous of making arrangements of his property
has declared before us, this twenty eighth day of April one thousand seven hundred and
ninety eight, that he revokes all former Wills and that after paying a Legacy of twenty
five pounds to his agent Mr Sykes, he gave to his Elder Brother John Vancouver the Rest
of his property which is now about to be engaged in the purchase and improvement of
Ealing Manor Farm in Berks, subject to the payment of fifty pounds Per Annum to his
Brother Charles Vancouver and of twenty five pounds per Annum to each of his Sisters
Sarah and Mary Vancouver during each of their natural lives, and that in the Event of
his Brother Charles Vancouver dying before both or either of his Sisters, then the
Annuity of fifty pounds per Annum given to him Charles Vancouver to be equally divided
between his two said Sisters Sarah and Mary Vancouver. Geo. Vancouver.
David Dundas, Witness.
Granville Penn, Witness.
On the twenty second day of August in the year of our Lord one thousand seven hundred and ninety eight, Administration (with the Will annexed) of all and singular, the Goods, Chattels and Credits of George Vancouver, late of Petersham in the County of Surrey, and a Captain in his Majesty's Navy, deceased, was granted to John Vancouver the natural and lawful Brother of the said deceased and the Residuary Legatee named in the said Will, having been first sworn duly to Administer - no Executors being named therein.
William Wales sailed on the Second Voyage with Cook on the Resolution as Astronomer. He made surveys and drew charts as well as taking astronomical readings. Wales was born in Wakefield in 1735. After the voyage Wales became a Master at Christ's Hospital School where he taught mathematics to, amongst others, Samuel Coleridge, the poet. He and his wife, Mary, had five children.
The Dictionary of National Biography has a short article about Wales (DNB 20, pp.490-1).
The will of WILLIAM WALES (proved on 07 January 1799 (11/1318)).
I WILLIAM WALES of the Parish of Christ Church Newgate Street and Master of the Mathematical School in Christs Hospital being of sound mind memory and understanding make this my last Will and Testament as follows.
I desire my body may be buried in as frugal a manner as decency will admit and that all my just debts may be paid I direct all my Books and Instruments the Clock in the Observatory and the Watch I usually wear together with all such other of my effects as are not immediately necessary for the use of my wife and that part of my family who may remain with her to be sold and the money arising from such sale to be laid out on Law or Government Securities the interest of which together with the interest of all other sums of money which may belong to me at my death after my debts are paid and my wife settled to her mind wheresoever or in whatever hands they may be found I give my wife Mary Wales for the term of her natural life and at her death I direct the principal whatever it may be to be divided equally among my five children Sarah Trollope wife of the Reverend Arthur William Trollope, Ann Hayley Wales, Mary Judith Wales, John Wales and James Wales or the survivors of them should any of them die unmarried before my said wife but should any of them be married and die before my said wife Mary Wales and leave children husband or wife then and in that case his or her share shall go to such children husband or wife but in every other circumstance the share of any of my five children Sarah, Ann Hayley, Mary Judith, John and James Wales dying before my said wife Mary Wales shall be divided equally among those who survive her or their representatives described above such stock as may be standing against my name in the books of the Worshipful Company of Stationers of this City at my decease with the dividends arising from the same together with all the rest of my estate not mentioned above or not expressly disposed of I give to my said wife Mary Wales to be disposed of as she may think proper.
Lastly I constitute and appoint my said wife Mary Wales The Rev Arthur William Trollope and my daughter Ann Hayley Wales (the rest of my unmarried children being yet under age) executors of this my Will and hereby revoking all former Wills by me made declaring this written with my own hand on one sheet of paper my last Will and Testament in witness of which I the said William Wales have set my hand and seal to it this sixth day of October in the year of our Lord One thousand seven hundred and ninety eight.
Wm Wales _____ signed sealed published and Declared to be the last Will and Testament of the above named William Wales before us who at his request in his presence and in the presence of each other leave subscribe our names as witnesses. John Hillier. Joseph Smith.
THIS WILL was proved at London the seventh day of January in the year of our Lord One thousand Seven hundred and ninety nine before the worshipful Samuel Pearce Parson. Doctor of Law Surrogate of the Right Honourable Sir William Wy____ also Doctor of Laws Master Keeper or commissary of the Perogative Court of Canterbury lawfully constituted by the oaths of Mary Wales widow the relict of the deceased the Revd Arthur William Trollope clerk and Ann Hayley Wales spinster the daughter of the said deceased and the Executors names in the Will to whom administration was granted of all and singular the goods chattels and credits of the said deceased having been first sworn only to admi.
William Watman (Whattman) sailed as an Able Seaman with Cook on the Second and Third Voyages. He sailed on the Resolution on both voyages. He was born in Reigate in 1732. He died at Kealakekua Bay, Hawai'i on 1 February 1779. His will mentions a brother, Thomas, in Strutton, Surrey (Streatham or Sutton possibly) but no wife or children.
The will of WILLIAM WATMAN (proved on 14 October 1780 (11/1070-499)).
In the name of God Amen, I Wm. Watman, Mariner on board his Majesty's Ship Resolution, James Cook 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 wordly 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 Brother Thomas Watman of Strutton in the County of Surrey, 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 Vessel or Ship, and I do hereby nominate, constitute and appoint my said Brother Thomas Watman 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 said 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 twentieth day of April in the year of our Lord one thousand seven hundred and seventy six, and in the sixteenth 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 Wm. Watman X his Mark.
Signed, sealed, published and declared by the said William Watman 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 Testatr. Jams. Cook, Wm. Bligh.
This Will was proved at London, the fourteenth day of October in the (year) of our Lord one thousand seven hundred and eighty, 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 Thomas Watman, the Brother of the deceased and 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 been first sworn duly to Administer.
The will of JOHN WATTS (proved on 11 July 1801 (11/1361))
In the Name of God Amen, I John Watts Commander of his Majesty's Sloop of War Osprey being in sound and disposing mind and memory do hereby bequeath as follows.
Imprimis I recommend my Soul to Almighty God fervently praying for forgiveness of my manifold Sins and through the Mediation of our blessed Lord and Saviour Jesus Christ a remission of them.
2dly I commit my Body to the Earth in firm hope and faith that at the general Resurrection I may have the Happiness of appearing before my heavenly father with the confidence of a Christian and a firm reliance on his Mercy.
3dly Should my death happen at Sea my wish is to be decently thrown overboard the same providence prevales over all parts my Soul not my Body is my great Concern, But if I should die on Shore I beg my burial may be as private as possible and not to exceed thirty pounds.
4thly After all my just and lawful Debts are paid, I do give and bequeath unto my dearly beloved Wife Mary Watts, all my personal and real property that at this time I may be possessed of, or hereafter may be possessed of.
5thly I hereby appoint my said dearly beloved Wife Mary Watts my true, whole and sole Executrix to this my Will and Testament.
And Lastly I do declare this my last Will and Testament, revoking all others that may have formerly been made. In Witness whereof I have hereunto set my hand and Seal this 30th Day of December 1799, and in the fortieth Year of the Reign of George the third King etc etc. Jno. Watts.
Signed and Seal'd in the presence of us at Deal in Kent. P Somerville, Captain in his Majesty's Navy, Margt. Kittoe resident in Deal, Helen Thynne No.94 Charlotte Street, Rathbone Place.
This Will was proved at London the eleventh day of July in the Year of our Lord one thousand eight hundred and one before the Worshipful Charles Coote, Doctor of Laws, Surrogate of the Prerogative Court of Canterbury lawfully constituted by the Oath of Mary Watts, 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, she having been first sworn dult to Administer.
The will of JOHN WEBBER (proved on 10 MAy 1793(11/1233))
From the uncertainty of Life, being well & of sound mind I make this my last Will and Testament.
1st I will and bequeath to my friend Joseph Farington Esqr. of Charlotte St., Rathbone Place, the Sum of one hundred Pounds, also all my drawings of Portfolio No.1 with any small picture I may have in my possession of my painting.
2ly I will and bequeath to my friend Mr George Baker of St. Pauls Church Yard the Sum of one hundred Pounds, also one Portfolio No. 2 with the drawings therein and any small picture I may have of my painting.
3dly I will and bequeath the Sum of one hundred Pounds to my friend John Steers Esqr. of the Temple, also 2 of my largest pictures of my painting I may have in my possession.
4th I will and bequeath the Sum of fifty pounds to Mr Thomas Hearne of Macclesfield St., Soho, my particular acquaintance & friend, also 6 of any of my remaining drawings done by me.
5th I will and bequeath the Sum of one hundred Pounds to the children of Mrs Degoutes, Wife of Mr Degoutes, Dyer of Berne in Switzerland to be equally divided between them.
6th I will and bequeath to the Chest established by my late Cousin Rudolph Webber the Sum of one hundred Guineas to be applied according to his will.
7 I will and bequeath the Sum of one hundred Pounds to my friend Mr Christian Ffister of Berne in Switzerland, also my half share of the house we have jointly between us & whatsoever Moneys may be due to me from it, also my portrait painted by Mr Hummerman, also request him to receive my Diploma and present it to the Library at Berne.
8 I will and bequeath the Sum of one hundred Guineas to the Abaye of Merchants at Berne in Switzerland for the attention I had the Honor to Receive from that Body as a Member during my stay there.
9 I will and bequeath to Edward Coxe Esqr. my Picture Painted by Both (?) as a small remembrance of friendship. I will and bequeath to Mr William Day the Sum of twenty Pounds for Mourning in remembrance of a friend.
It is my will that Joseph Farington Esqr. of Charlotte St., Rathbone Place, and Mr George Baker of St. Pauls Church Yard, be my Executors. Done under my Hand and Seal at London in the Year of our Lord 1792 John Webber.
P.S. I will and bequeath the Sum of fifty Pounds over and above wages due to my Maid Servant Mary Davis, also twenty Pounds to Thos. Wyatt the young Lad who now lives with me as also ten pounds for Mourning to my Landlord Mr Henry Humphrey in remembrance of an old acquaintance.
8th May 1793.
Appeared Personally William Tyler of Gower Street, Bedford Square in the Parish of Saint Giles in the Fields in the County of Middlesex, Esquire and William Hodges of Queen Street in the Parish of Saint George, Hanover Square, in the said County of Middlesex, Royal Academicians, and severally made oath that they knew and were well acquainted with John Webber late of Oxford Street in the Parish of Saint George, Hanover Square, in the County of Middlesex deceased for several years before and to the time of his death which happened on the 29th April last having often seen him write and subscribe his Name whereby they came to know and be well acquainted with his manner and Character of Handwriting and Subscription and having viewed and carefully inspected the Paper writing hereunto annexed purporting to be the last Will and Testament with a Codicil of the said deceased, the said Will beginning thus "From the uncertainty of life being well& of sound mind I make this my last Will and Testament" ending thus "Done under my Hand and Seal at London in the Year of our Lord 1792" and thus subscribed "John Webber", the said codicil beginning thus "P.S. I will and bequeath the Sum of fifty Pounds over and above wages due to my Maid Servt. Mary Davis" and ending thus " as also ten Pounds for Mourning to my Landlord Mr Henry Humphry in remembrance of an old acquaintance" and having also observed the figure 2 in the date of the said Will and which has the appearance of being written on another figure or altered thereon, say that they verily and in their conscience believe the whole Series and Contents of the said Will and Codicil and also the Name "John Webber" Subscribed to the said Will to be of the proper Handwriting and Subscription of the said deceased.Wm Tyler. Wm Hodges.
Same day the said William Tyler was duly sworn to the Truth of this Affidavit before me T.C.Crespigny Surrogate, Prest J. Cobb N/o. Ninth day of May one thousand seven hundred and ninety three, the said Wm. Hodges was duly sworn to the Truth of this Affidavit before me Geo. Harris Surrogate, Prest Jno.Webb Not. Pub.
This Will was proved at London with a Codicil the Tenth day of May in the Year of our Lord one thousand seven hundred and ninety three before the Worshipful Thomas Champion Crespigny, Doctor of Laws and 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 oaths of Joseph Farington Esquire and George Baker 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.
The will of ALEXANDER WEIR (proved on 10 August 1771(11/970))
In the Name of God Amen, I Alexander Weir of his Majesty's Bark the Endeavour, Lieut. Cook Commander, being in sound and disposing Mind and Memory and Considering the 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 to the Grave of Sea as it shall please God to Order, and as for all my Worldly Estate I Give, Bequeath and dispose thereof as followeth, that is to say -
To my beloved Wife Anne Weir, now residing in the Parish of St George's in the East, Middlesex, all such 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 the said Anne Weir, my beloved Wife. And I do hereby Nominate and Appoint her, the said Anne Weir, the 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 heretofore made. And I do Ordain and Ratify these presents to stand and be for my only Last Will and Testament. In Witness whereof to this my said Will I have set my hand and Seal the twenty fifth day of August and in the Eighth Year of the Reign of our Sovereign Lord George third over Great Britain, France and Ireland, King Defender of the Faith and so forth, and in the year of our Lord One thousand Seven hundred and Sixty Eight.Alexr. Weir.
Sign'd, Sealed and Published in the presence of us Jams. Cook Robt. Molineux.
This Will was proved at London the tenth day of August in the year of our Lord One thousand Seven hundred and Seventy one before the worshipful Andrew Coltee Ducarel, Doctor of Laws and Surrogate of the Right Worshipful George Hay also Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury Lawfully constituted by the Oath of Anne Weir, Widow the Relict of the deceased and Sole Executrix named in the said Will to whom Administration was of all and Singular the Goods, Chattels and Credits of the said deceased, she having been first sworn duly to administer.
The will of JOHN WHEELOCK (proved 20 March 1779. (11/1051)).
I, John Wheelock, captain of His Majesty's Ship Modeste, 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 be pleased 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 and singular my wages, sum and sums of money, lands, tenements, goods, chattels and estate whatsoever as shall be anyway due, owing or belonging unto me at the time of my decease I do give, devise and bequeath the same unto my beloved brother Anthony Wheelock Esq. of Yarmouth in the Isle of Wight in the County of Southampton and I do hereby nominate and appoint my said brother Anthony Wheelock to be my sole executor of this my last will and testament hereby revoking all former and other wills and 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 to this my said will I have set my hand and seal, the tenth day of May 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, etc. John Wheelock.
Signed, sealed, published and declared in the presence of William Higgins, Emanuel Morton, William Orton.
In the name of God amen, I, John Wheelock, captain of His Majesty's navy and now commanding His Majesty's Ship Sultan do make this codicil to my last will and testament made to my last will and testament made to my brother Anthony Wheelock Esquire in the year of our Lord one thousand seven hundred and seventy one when I commanded His Majesty's Ship Modeste confirming the same except that I give and bequeath to Mrs Mary Davis of Elson in the parish of Alverstoke in the County of Southampton, widow, all and singular my household goods, plate, linen, china of every kind whatsoever item.
I give and bequeath unto the said Mary Davis one third part or share of all the prize money that may become due to me and my will and testament shall be as essential and valid as if it had been inserted in the body of my will.
In witness to which I have hereunto set my hand and seal this ninth day of May in the year of our Lord one thousand seven hundred and seventy eight. John Wheelock.
Signed, sealed and delivered in the presence of us William Vase, Richard Lambeth, William Higgins.
This will was proven at London with a codicil the twentieth day of March in the year of our Lord one thousand seven hundred and seventy nine 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 Anthony Wheelock Esquire the brother 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 having been first sworn duly to administer.
Notes to will:
Elson is now a part of Gosport in the north of the town on the western shore of
the inner Portsmouth Harbour.
The will of STEPHEN WHITE (proved 26 September 1778 (11/1046)).
In the Name of God Amen, I Stephen White, Mariner, belonging to his Majesty's Ship Pallas, Rowland Cotton Esquire 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 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, such 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 trusty friend John Humble of Portsmouth Common in the County of Hants, Labourer,
and I do hereby nominate and appoint my said trusty friend John Humble, 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 twenty second day of January in the Year of our Lord one thousand seven hundred and seventy seven, and in the eighteenth year of the Reign of his majesty King George the third over Great Britain etc. - Stephen White.
Signed, sealed, published and declared in the presence of Row. Cotton - Jo. Parry.
This Will was proved at London the twenty sixth day of September in the year of our Lord one thousand seven hundred and seventy eight before the Right Worshipful Sir George Hay Knight, Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the oath of John Humble 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, he having been first sworn by Commission duly to Administer.
The will of JOHN WHITEHOUSE (proved 04 October 1780 (11/1070)).
This is the last will of me, John Whitehouse, Lieut. in the Royal Navy.
I give to my friend Ann King of Portsmouth the sum of forty pounds for her own immediate and absolute use to be retained by her immediately after my death. I also give her my wearing apparel with my table and other linen. I will that the forty pounds be paid her from the money I may have in my possession at my death, if defective I trust as much may be due from my agent to make up that sum. I likewise will that one hundred pounds South Seas Annuities left to me by my late father at the death of my present mother-in-law be immediately, at the death of my said mother-in-law, transferred to my friend Ann King of Portsmouth.
The remainder of the money in the South Seas Annuities and one hundred pounds which will become due to me at the death of my mother-in-law from Ralph Carr, Esq. and fifty pounds my dividend from Lieut. Peter Van Court of the Navy and all other sums that may be due or belong to me I give to my dear sister Sarah Whitehouse of Stanhope Street, Clare Market with my mourning ring of my father.
I give to my worthy friend Joseph Gilbert, Master Attendant at Portsmouth, my good stop watch as a small testimony of my esteem for him.
I hereby revoke all former wills made by me and declare this alone to be my last will and testament. Witness my hand and seal this sixteenth day June 1780. John Whitehouse. SS. Witness T. Nayler, Lt. Marines.
4th September 1780
Appeared personally, Jane Lombard of Hoxton in the Parish of St. Leonard Shoreditch in
the County of Middlesex, spinster, and made oath that she knew and was well acquainted
with John Whitehouse, late, belonging to His Majesty's Ship Arrogant, deceased for
several years before and to the time of his death and having often seen him write and
subscribe his name is thereby become well acquainted with the manner and character of
his handwriting and subscription and having now carefully viewed and perused the paper
writing hereunto annexed purporting to be and contain the last will and testament of the
said deceased beginning thus "This is the last will of me, John Whitehouse, Lieut. in
the Royal Navy" ending thus "I hereby revoke all former wills made by me and declare
this alone to be my last will and testament. Witness my hand and seal this sixteenth day
June 1780" and thus subscribed "Jno Whitehouse" she the appearer doth verily and in her
conscience believe the whole xxxx and contents of the said paper writing beginning,
ending and subscribed as aforesaid and the subscription thereto to be all of the proper
handwriting and subscription of the said John Whitehouse, deceased. Jane Lombard. Same
day the said Jane Lombard was duly sworn to the truth of the same affidavit before me
T. Simpson xxxx surrogate present Henry Stevens xxx xxxx.
On the fourth day of October in the years of the Lord one thousand seven hundred and eighty administration with the will annexed of all and singular the goods chattels and credits of John Whitehouse, late second lieutenant belonging to His Majesty's Ship Arrogant, at sea, bachelor deceased, was granted to Sarah Whitehouse, spinster, the natural and lawful sister and only next of kin of the said deceased xxxx xxxx no executor or residuary legatee is named in the said will, she having been first sworn duly to administer.
The will of FRANCIS WILKINSON (proved on 6 September 1771(11/971))
In the Name of God Amen, I Francis Wilkinson belonging to his Majesty's Bark the Endeavour, 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 of 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 unto my beloved Friends Richard and Susannah Durham of the Parish of St Paul's Deptford in the County of Kent, Victualler, all and singular my Goods, Chattels, Wages, Sum and Sums of Money that now is due to me from the said Ship, or may hereafter be due to me from any other Ship or Service whatsoever.
And I do hereby nominate, constitute and appoint my said beloved Friends Richard and Susannah Durham, Sole Executor and Executrix of this my last Will and Testament. And I do give and bequeath unto my said Executor and 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 I do declare this to be my last Will and Testament. In Witness whereof I have hereunto set my hand and Seal this twenty seventh day of July in the year of Our Lord One thousand Seven hundred and Seventy One and in the Eleventh 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 and so forth. Frans. Wilkinson.
Signed, Sealed, Published and declar'd by the said 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. James Woodward, John Hamersley, Isaac Crafts.
This Will was proved at London before the Worshipful Andrew Coltee Ducarel, Doctor of Laws, Surrogate of the Right Worshipful George Hay, Doctor of Laws Master Keeper of Commissary of the Prerogative Court of Canterbury lawfully constituted on the Sixth day of September in the Year of Our Lord One thousand Seven hundred and Seventy One by the Oath of Richard Durham one of the Executors named in the 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 like Grant to Susannah Durham (Wife of the said Richard Durham) the other Executor named in the said Will when she shall apply for the same.
The will of THOMAS WILLIS (proved on 30 August 1797 (11/1295))
I Thomas Willis, Lieutenant in His Majesty's Navy, do hereby revoke all former Wills made by me and do hereby nominate and appoint my beloved Wife Mary Kirkham and my Sister Gerinan(?) Ann Willis, Spouse of the late John Dowdon deceased, to take the whole and Sole management of all my Estate belonging to me and coming to me after my decease, and I do hereby order and direct that my beloved Wife Mary Kirkham shall enjoy the life rent of all my property during all the days of her life - and at her death the whole of my Estate shall go to my Son Richard Willis, and I do hereby order that what part of my Estate that may be