Mitchell Library, State Library of New South Wales

Arthur Phillip - Extract of last will and testament, proved 14 Oct. 1814

Arthur Phillip Esquire an Admiral of the Blue in His Majesty's Navy
32
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This is the last Will and Testament of me Arthur Phillip now of Bath in the county of Somerset Vice Admiral in His Majesty's Navy I do direct that all my just debts funeral and testamentary expenses be fully paid and satisfied by my ex[ecut]ors hereinafter named as soon as conveniently may be after my decease I give and bequeath unto my dear Wife Isabella Phillip the Sum of Six hundred Pounds Stock four percent Annuities to be transferred to her by my Exors immediately after my decease for her own use and benefit and I mean the same to cover and be accepted by her in discharge of a legacy of two hundred and fifty pounds Navy five per cents which was left to her by our friend Captain Nun but which was afterwards sold out by me and re-invested in my name in the four per cent Annuities
I also give unto my said wife all my linen china stock of liquors horses carriages and harness also all such books as were Mr Whiteheads and also all such jewels watches rings (except my brazil diamond ring left me by the late Charles Duncombe Esquire) trinkets and other ornaments of her dress and paraphernalia as shall be in her possession at the time of my decease for her own absolute use and benefit forever and the above mentioned Brazil Diamond I give and bequeath unto my said wife to be enjoyed by her during her life and after her death I give and bequeath the same to Lady Nepean Wife of Sir Evan Nepean Bar[one]t if she shall be then living but if she shall be then dead then I give the same to her daughter Miss Harriot Nepean
And if the said Lady Nepean and her said daughter shall be both dead at the deceased of my said Wife then I give the same to the said Sir Evan Nepean Also I give to my said Wife the use and enjoyment during her natural life of all my household Goods and furniture books (except what I have above bequeathed to her) prints and pictures (except my drawings made in New South Wales which I direct to be sold by my exors immediately after my decease)
Also I give to my said Wife the use and enjoyment during her natural life of all my plate and after her decease I give the following Articles to her nephew Newton Shaw Esquire in case he shall survive her his ex[ecuto]rs adm[inistrat]ors and assigns for his and their own use (viz) my largest oval Waiter weighing about one hundred and fourteen Ounces a large cup weighing about twenty seven Ounces A tea urn weighing about one hundred and three Ounces A coffee urn weighing about forty ounces a Soup tureen cover and ladle weighing about ninety nine ounces a bread basket weighing about thirty four Ounces a Pair of Salt Cellars weighing about three ounces A teapot weighing about fourteen ounces A cream jug weighing about four Ounces
And I do direct that all the residue of my plate together with such other property as is hereby bequeathed during the life of my dear wife as aforesaid shall immediately after her decease be considered as part of my residuary estate Also I give to my Executors hereinafter named the sum of twenty Pounds of lawful money of Great Britain apiece for a ring as a remembrance
Also I give and bequeath unto Robert Dove the Elder Robert Dove the Younger Elizabeth Harris Thomas Dove Mary Ann Lancefield Michael Dove William Dove Susan Dove Ann Dove Rebecca Potter Luke Ashton Mrs Susannah Richardson Mrs Elianor Lane Harriet Lane her daughter and Miss Rule hereinafter particularly severally described the sum of to Pounds each for mourning
And I give to my cousin the said Luke Ashton of Salters Hall one Annuity or yearly sum of fifty pounds for and during the term of his natural life which said Annuity I direct to be paid on the following four most usual feast days or times of payment of rent in the year that is to say the twenty fifth day of March the twenty fourth day of June the twenty ninth day of September and the twenty fifth day of December in every year by equal payments free of all charges and deductions whatsoever the first payment to begin and be made on such of the said days as shall first and next happen after my decease and subject to the payment of the aforesaid Annuity and legacies I give devise and bequeath all that my leasehold messuage or dwellinghouse with the fixtures and Appurtenances therento belonging situate No. 19 in Bennett Street in the City of Bath and all and every other my messuages lands tenements and hereditaments and real and personal estate whatsoever (except such part thereof as I have otherwise disposed of by this my Will) unto my Wife Isabella Phillip and my good friends John Lane of Nicholas Lane in the city of London merchant Osborn Standert late of the Navy Office London Esquire Thomas Sutton of the parish of Bathwick in the said county of Somerset Esquire and Mr James Potter of Maidstone who married the daughter of my cousin Woodgate their heirs exors Admons and assigns Upon trust nevertheless that they the Isabella Phillip John Lane Osborn Standert Thomas Sutton and James Potter and the Survivors and Survivor of them and the heirs executors Admons and assigns of such Survivor so said shall Permit and suffer my said Wife Isabella Phillip and her assigns to take and receive the rents interest issues and profits of my said real and Personal estate respectively for and during the term of her natural life
And from and after the decease of my said wife I give and bequeath the several legacies hereinafter mentioned that is to say I give and bequeath to the above named Osborn Standert Thomas Sutton and James Potter the sum of two thousand Pounds of lawful money of the United Kingdom of Great Britain and Ireland current in Great Britain Upon trust that they the said Osborn Standert Thomas Sutton and James Potter and the Survivors and Survivor of them and the exors and Admors of such Survivor do and shall put place and continue the same out at Interest in their or his names or name either on Government Security or funds of Great Britain or upon such other good security or securities as they or he shall think proper And shall and do stand and be possessed of and interested in the said Principal Sum of two thousand Pounds and the Stocks funds and securities wherein the same shall be placed out or invested upon the several trusts and to And for the several ends interests and purposes hereinafter mentioned expressed and declared of and concerning the same that is to say In trust to pay the net dividends and annual proceeds thereof from time to time when and as the same shall become due and be by them received unto the said John Lane and his assigns for and during his natural life and from and immediately after his decease then In trust to pay the net interest dividends and annual proceeds thereof unto Mrs Eleanor 
Lane wife of the said John Lane and her assigns for and during her natural life
And from and immediately after the decease of the Survivor of them the said John Lane and Eleanor his wife In trust that they my said trustees and the Survivors and Survivor of them and the[ex(ecut)ors?] and ad(ministrat)ors of such Survivor shall and do pay assign transfer and dispose of the said principal sum of two thousand pounds and the Stocks funds and Securities wherein the same shall then happen to be invested unto Harriett Lane daughter of the said John Lane and Eleanor his wife her exors admons and assigns to and for her and their own use and benefit absolutely and for ever
Also I give and bequeath to my cousin the said Robert Dove the Elder of Woolwich in the county of Kent son of Mrs Mary Woodgate deceased, if living at the time of the decease of my said wife the sum of two hundred pounds of lawful British money and to Robert Dove the Younger Elizabeth the wife of [blank] Harris late Elizabeth Dove Spinster Thomas Dove & Mary Ann the wife of [ blank ] Lancefield late Mary Ann Dove & Spinster Michael Dove Susan Dove and Ann Dove sons and daughters of the said Robert Dove the Elder if living at such * the decease of my said wife the sum of five hundred pounds apiece of like money Provided always and my will and mind is that in case the said Elizabeth the wife of the said [ blank ] Harris shall live to become entitled to the said legacy of five hunred pounds and her said husband shall be then living then that my Executors shall retain and stand possessed of the said legacy or sum of five hundred Pounds In trust for the sole and ...separate use of her the said Elizabeth Harris exclusively of her said husband and not to be subject or liable to the debts intermeddling or controul of her said husband
Also I give and bequeath to Mrs Susannah Richardson Grandaughter of my late uncle Pagester and wife of Captain George Richardson of the Hon(ora)ble East India Companys Service and to Mrs Rebecca Ann Potter wife of the said James Potter if living at such the decease of my said wife the like Sum of five hundred pounds apiece of like money And (subject as well to the said last mentioned legacies as also to the said Annuity hereinbefore given in case the said Annuitant shall be then living I do from and immediately after such the decease of my said wife give devise and bequeath all my said real  and personal estate unto and to the use of the above named Susannah Richardson Mary Ann the wife of the said [blank] Lancefield Michael Dove and Robecca Ann Potter or such of them as shall be living at the decease of my said wife to hold to them or such of them as shall be living as such the decease of my said wife their respective heirs exors admons and assigns x x respectively forever in equal shares and proportions as tenants in common and not as joint tenants Provided Always and my will is that in case the said Rebecca Ann Potter shall not live to become intitled to the said legacy and share of my said residuary estate then and in such case I give to her husband the said James Potter the sum of five hundred pounds if he shall survive and outlive my said wife and do hereby charge my said residuary estate with the payment thereof
And whereas I have caused the sum of eight thousand pounds per cent Old South Sea Annuities to be transfered into the names of myself and the said John Lane and Osborne Standert In trust after my decease in case my said wife Isabella should survive me to pay to her the dividends thereof amounting to two hundred and fifty pounds a Year during her life in satisfaction of a bond I executed to her previous to my marriage conditioned for securing the like Annuity to her for her  ...life if she should survive me Now I declare that the provision made by such investment was made to assure my said wife of having some certain provision at my decease And I further declare that I do not intend the same to lessen the provisions which I have made for her in this my will as I consider such provisions greater than the said yearly Sum of two hundred and fifty pounds therefore it is my intention that she shall receive the interest and dividends of the said Eight thousand three hundred and thirty three pounds six shillings and eight pence Old South Sea Annuities during her natural life as part of the yearly produce of the residue of my estate along with the rest of the produce thereof and that the said eight thousand three hundred and thirty three pounds six shillings and eight pence three percent old South Sea Annuities shall after the decease of my said wife be considered as part of the residue of my personal estate and go as the Same is hereinbefore disposed of Provided always and I do hereby direct that the trustees for the time being of my said Estate shall from time to time reimburse themselves and himself all such reasonable...costs and charges as they shall be at in or about the Execution of the trusts of this my will and that they shall not be answerable for any loss or accident that shall or may happen without their respective wilful neglects neither shall they nor any of them be answerable for the acts receipts neglects or defaults of the others or other of them or for any banker broker or agent or other person employed by them or either of them in the execution of the trusts of this my will but each of them shall be answerable only for his own Acts receipts and defaults and in case any of my said trustees or any other trustee to be appointed as hereinafter mentioned shall do declare this only to be my last Will and Testament In Witness whereof I have to this my last Will and Testament contained in four sheets of paper set my hand and seal vix to the three first sheets thereof my hand only and to this fourth and last sheet my hand and seal this twentieth day of May in the year of Our Lord One thousand eight hundred and fourteen
A Phillip O signed sealed published and declared by the above named Arthur Phillip 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 as also a duplicate thereof Henr Mant Sol: Bath Wm Hodges Henr David Haverfield Clerks to Mr(?) Brant (?)
Proved at London 14th October 1814 before the judge by the oath of Isabella Phillip widow the Relict John Lane Osborne (in the will written Osborn) Standert and James Potter four of the Exors to whom Admon was granted being first sworn duly to admi(nister) Power reserved to Thomas Sutton Esq the other

[Transcribed by contributors using nom de plumes on the online forum at www.rootschat.com.]