The Will of Admiral Arthur Phillip
Arthur Phillip having retired to Bath, Somerset, there wrote his Last Will and Testament..
Here is the text; the line numbers reflect the original manuscript, for ease of cross-reference (the lines of the original were not numbered).
The Will runs to five pages. Be aware that this has been transcribed from the original handwriting, that is not always easy to decipher. Please tell us of any errors.
Arthur
Phillip
Esquire
an Admiral of
the Blue in
His Majesty's
Navy
32
1 This is the last Will and Testament of me
2 Arthur Phillip now of Bath in the county of Somerset Vice Admiral in
3 His Majesty's Navy I do direct that all my just debts funeral and testamentary
4 expenses be fully paid and satisfied by my ex[ecut]ors hereinafter named as soon
5 as conveniently may be after my decease I give and bequeath unto my dear
6 Wife Isabella Phillip the Sum of Six hundred Pounds Stock four percent
7 Annuities to be transferred to her by my Exors immediately after my decease
8. for her own use and benefit and I mean the same to cover and be accepted
9. by her in discharge of a legacy of two hundred and fifty pounds Navy
10. five per cents which was left to her by our friend Captain Nun but
11. which was afterwards sold out by me and re-invested in my name in
12. the four per cent Annuities I also give unto my said wife all my linen
13. china stock of liquors horses carriages and harness also all such books
14. as were Mr Whiteheads and also all such jewels watches rings
15. (except my brazil diamond ring left me by the late Charles Duncombe
16. Esquire) trinkets and other ornaments of her dress and paraphernalia as
17. shall be in her possession at the time of my decease for her own
18. absolute use and benefit forever and the above mentioned Brazil
19. Diamond I give and bequeath unto my said wife to be enjoyed by her during
20. her life and after her death I give and bequeath the same to Lady
21 Nepean Wife of Sir Evan Nepean Bar[one]t if she shall be then living but
22 if she shall be then dead then I give the same to her daughter Miss
23 Harriot Nepean And if the said Lady Nepean and her said daughter
24 shall be both dead at the deceased of my said Wife then I give the same
25 to the said Sir Evan Nepean Also I give to my said Wife the use and
26 enjoyment during her natural life of all my household Goods and
27 furniture books (except what I have above bequeathed to her) prints
28 and pictures (except my drawings made in New South Wales which I
29 direct to be sold by my exors immediately after my decease) Also I give
30 to my said Wife the use and enjoyment during her natural life
31 of all my plate and after her decease I give the following Articles to her
32 nephew Newton Shaw Esquire in case he shall survive her his
33 ex[ecuto]rs adm[inistrat]ors and assigns for his and their own use (viz) my largest oval
34 Waiter weighing about one hundred and fourteen Ounces a large cup
35 weighing about twenty seven Ounces A tea urn weighing about one
36 hundred and three Ounces A coffee urn weighing about forty ounces a
37 Soup tureen cover and ladle weighing about ninety nine ounces a bread
38 basket weighing about thirty four Ounces a Pair of Salt Cellars weighing
39 about three ounces A teapot weighing about fourteen ounces A cream
40 jug weighing about four Ounces And I do direct that all the residue of my
41. plate together with such other property as is hereby bequeathed
42. during the life of my dear wife as aforesaid shall immediately after
43. her decease be considered as part of my residuary estate Also I give to my
44. Executors hereinafter named the sum of twenty Pounds of lawful money
45. of Great Britain apiece for a ring as a remembrance Also I give and
46. bequeath unto Robert Dove the Elder Robert Dove the Younger
47. Elizabeth Harris Thomas Dove Mary Ann Lancefield Michael Dove
48. William Dove Susan Dove Ann Dove Rebecca Potter Luke Ashton
49. Mrs Susannah Richardson Mrs Elianor Lane Harriet Lane her
50. daughter and Miss Rule hereinafter particularly severally described the sum of to
51. Pounds each for mourning And i give to my cousin the said Luke Ashton
52. of Salters Hall one Annuity or yearly sum of fifty pounds for and during
53. the term of his natural life which said Annuity I direct to be paid on
54. the following four most usual feast days or times of payment of rent in the year
55. that is to say the twenty fifth day of March the twenty fourth day of
56. June the twenty ninth day of September and the twenty fifth day of
57. December in every year by equal payments free of all charges and
58. deductions whatsoever the first payment to begin and be made on such of
59. the said days as shall first and next happen afetr my decease and
60. subject to the payment of the aforesaid Annuity and legacies I give devise
61. and bequeath all that my leasehold messuage or dwellinghouse with
62. the fixtures and Appurtenances therento belonging situate No. 19 in
63. Bennett Street in the City of Bath and all and every other my messuages
64. lands tenements and hereditaments and real and personal estate whatsoever
65 (except such part thereof as I have otherwise disposed of by this my Will)
66 unto my Wife Isabella Phillip and my good friends John Lane of Nicholas
67 Lane in the city of London merchant Osborn Standert late of the Navy
68 Office London Esquire Thomas Sutton of the parish of Bathwick in the said
69 County of Somerset Esquire and Mr James Potter of Maidstone who married
70 the daughter of my cousin Woodgate their heirs exors Admons and assigns
71 Upon trust nevertheless that they the Isabella Phillip John Lane
72 Osborn Standert Thomas Sutton and James Potter and the Survivors and
73 Survivor of them and the heirs executors Admons and assigns of such
74 Survivor so said shall Permit and suffer my said Wife Isabella Phillip
75 and her assigns to take and receive the rents interest issues and profits
76 of my said real and Personal estate respectively for and during the
77 term of her natural life And from and after the decease of my said wife
78 I give and bequeath the several legacies hereinafter mentioned that is
79 to say I give and bequeath to the above named Osborn Standert Thomas
80 Sutton and James Potter the sum of two thousand Pounds of lawful money
81 of the United Kingdom of Great Britain and Ireland current in Great
82 Britain Upon trust that they the said Osborn Standert Thomas Sutton
83 and James Potter and the Survivors and Survivor of them and the exors
84 and Admors of such Survivor do and shall put place and continue
85 the same out at Interest in their or his names or name either on
86 Government Security or funds of Great Britain or upon such other good
87 security or securities as they or he shall think proper And shall and
88 do stand and be possessed of and interested in the said Principal Sum of
90 two thousand Pounds and the Stocks funds and securities wherein the
91 same shall be placed out or invested upon the several trusts and to
92 And for the several ends interests and purposes hereinafter mentioned
93 expressed and declared of and concerning the same that is to say In trust
94 to pay the net dividends and annual proceeds thereof from time to time
95 when and as the same shall become due and be by them received unto
96 the said John Lane and his assigns for and during his natural life
97 and from and immediately after his decease then In trust to pay the
98 net interest dividends and annual proceeds thereof unto Mrs Eleanor
99 Lane wife of the said John Lane and her assigns for and during her
100 natural life And from and immediately after the decease of the Survivor
101 of them the said John Lane and Eleanor his wife In trust that they
102 my said trustees and the Survivors and Survivor of them and the
103 [ex(ecut)ors?] and ad(ministrat)ors of such Survivor shall and do pay assign
transfer
104 and dispose of the said principal sum of two thousand pounds and
105 the Stocks funds and Securities wherein the same shall then happen to
106 be invested unto Harriett Lane daughter of the said John Lane and
107 Eleanor his wife her exors admons and assigns to and for her and their
108 own use and benefit absolutely and for ever Also I give and bequeath to
109 my cousin the said Robert Dove the Elder of Woolwich in the county
110 of Kent son of Mrs Mary Woodgate deceased, if living at the time
111 of the decease of my said wife the sum of two hundred pounds of lawful
112 British money and to Robert Dove the Younger Elizabeth the wife of
113 [ blank ] Harris late Elizabeth Dove Spinster Thomas Dove &
114 Mary Ann the wife of [ blank ] Lancefield late Mary Ann Dove &
115 Spinster Michael Dove Susan Dove and Ann Dove sons and daughters of
116 the said Robert Dove the Elder if living at such * the decease of my said
117 wife the sum of five hundred pounds apiece of like money Provided
118 always and my will and mind is that in case the said Elizabeth the wife
119 of the said [ blank ] Harris shall live to become entitled to the said
120 legacy of five hunred pounds and her said husband shall be then
121 living then that my Executors shall retain and stand possessed of the
122 said legacy or sum of five hundred Pounds In trust for the sole and
123 ...separate use of her the said Elizabeth Harris exclusively of her said husband
124 and not to be subject or liable to the debts intermeddling or controul of her said
125 husband Also I give and bequeath to Mrs Susannah Richardson
126 Grandaughter of my late uncle Pagester and wife of Captain George
127 Richardson of the Hon(ora)ble East India Companys Service and to Mrs
128 Rebecca Ann Potter wife of the said James Potter if living at such the
129 decease of my said wife the like Sum of five hundred pounds apiece of
130 like money And (subject as well to the said last mentioned legacies as also
131 to the said Annuity hereinbefore given in case the said Annuitant shall
132 be then living I do from and immediately after such the decease of my said
133 wife give devise and bequeath all my said real and personal estate unto
134 and to the use of the above named Susannah Richardson Mary Ann the
135 wife of the said [ blank ] Lancefield Michael Dove and Robecca Ann
136 Potter or such of them as shall be living at the decease of my said wife
137 to hold to them or such of them as shall be living as such the decease
138 of my said wife their respective heirs exors admons and assigns x x
139 respectively forever in equal shares and proportions as tenants in
140 common and not as joint tenants Provided Always and my will is
141 that in case the said Rebecca Ann Potter shall not live to become
142 intitled to the said legacy and share of my said residuary estate then and
143 in such case I give to her husband the said James Potter the sum of
144 five hundred pounds if he shall survive and outlive my said wife and
145 do hereby charge my said residuary estate with the payment thereof
146 And whereas I have caused the sum of eight thousand pounds per
148 cent Old South Sea Annuities to be transfered into the names of myself
149 and the said John Lane and Osborne Standert In trust after my decease
150 in case my said wife Isabella should survive me to pay to her the
151 dividends thereof amounting to two hundred and fifty pounds a Year
152 during her life in satisfaction of a bond I executed to her previous to
153 my marriage conditioned for securing the like Annuity to her for her
154 ...life if she should survive me Now I declare that the provision
155 made by such investment was made to assure my said wife of having
156 some certain provision at my decease And I further declare that I
157 do not intend the same to lessen the provisions which I have made
158 for her in this my will as I consider such provisions greater than
159 the said yearly Sum of two hundred and fifty pounds therefore it is
160 my intention that she shall receive the interest and dividends of the
161 said Eight thousand three hundred and thirty three pounds six shillings
162 and eight pence Old South Sea Annuities during her natural life as part
163 of the yearly produce of the residue of my estate along with the rest of
164 the produce thereof and that the said eight thousand three hundred
165 and thirty three pounds six shillings and eight pence three percent old
166 South Sea Annuities shall after the decease of my said wife be
167 considered as part of the residue of my personal estate and go as the
168 Same is hereinbefore disposed of Provided always and I do hereby
169 direct that the trustees for the time being of my said Estate shall from
170 time to time reimburse themselves and himself all such reasonable...
171 costs and charges as they shall be at in or about the Execution of the
172 trusts of this my will and that they shall not be answerable for any
173 loss or accident that shall or may happen without their respective wilful
174 neglects neither shall they nor any of them be answerable for the acts
175 receipts neglects or defaults of the others or other of them or for any banker
176 broker or agent or other person employed by them or either of them in the
177 execution of the trusts of this my will but each of them shall be answerable
178 only for his own Acts receipts and defaults and in case any of my said
179 trustees or any other trustee to be appointed as hereinafter mentioned shall
198 do declare this only to be my last Will and Testament In Witness whereof
199 I have to this my last Will and Testament contained in four sheets of paper
200 set my hand and seal vix to the three first sheets thereof my hand only
201 and to this fourth and last sheet my hand and seal this twentieth day
202 of May in the year of Our Lord One thousand eight hundred and fourteen
203 A Phillip O signed sealed published and declared by the above
204 named Arthur Phillip the testator as and for his last will and
205 Testament in the presence of us who in his presence at his request and
206 in the presence of each other have subscribed our names as witnesses
207 thereto as also a duplicate thereof Henr Mant Sol: Bath
208 Wm Hodges Henr David Haverfield Clerks to Mr(?) Brant (?)
209 Proved at London 14th October 1814 before the judge by the oath of
210 Isabella Phillip widow the Relict John Lane Osborne (in the will
211 written Osborn) Standert and James Potter four of the Exors to whom
212 Admon was granted being first sworn duly to admi(nister) Power reserved to
213 Thomas Sutton Esq the other.
