This is the last Will and Testament of me Nathaniel Portlock of Gosport in the County of Southampton Gent.(?) Lieutenant in His Majesty's Navy, at present commanding His etc. armed (?) Brig the assistant bound on a Foreign Voyage, made whilst of good health and of sound and disposing mind, memory and understanding, whereby I recommend my Soul to Almighty God and my Body I commit to the Earth to be decently buried and my Worldly Estate and Effects I dispose of in the manner following, that is to say
First, I give and bequeath unto my dear Wife Elizabeth Portlock one moiety or half part of all and singular of my personal Estate and Effects whatsoever and wheresoever that I shall or may be possessed of, interested in, or anyways entitled unto at the time of my decease, to hold to her, her Executors, Admors. and Assigns to and for her and their own use and benefit,
And the other moiety or half part of my said personal Estate and Effects I give and bequeath unto my said Wife Elizabeth, Alexander Davison of Harper Street, Red Lyon Square, London, Merchant and the Reverend David Bogin of Gosport aforesaid Minister of the Gospel, and the Survivors or Survivor of them, her or his Exors. and Admors. in trust, to place the same out at Interest either on Government . . and Real Security in their joint names, or in the name of the Survivor her or his Executors or Admors, and to pay and apply the Interest, Dividends and profits thereof unto my said Wife Elizabeth during so long as she shall continue my Widow
And from and immediately after her death or remarriage In trust to pay and apply the Interest, Dividends, Proceeds and profits thereof to and for the maintenance , education and support of my Daughter Eliza, Son Henry Powney and any other Child or Children as my said Wife is now ensient (sic) with . said Daughter Eliza, Son Henry Powney and such other Child or Children aforesaid shall obtain to their respective ages of twenty one years, and when and so soon as my said Childrern Eliza and Henry .. and such other Child or Children as aforesaid shall attain to her his or their age of twenty one years, or if he she or they shall have died (?) at that age, at the death or remarriage of my said Wife, then . the said trust monies unto my said Daughter Eliza, Son Henry Powney and such other Child or Children as aforesaid in equal shares and proportions,
But if there should be but one of my said Children living then I give and bequeath the whole thereof unto such Child, her or his Executors, Admors. or Assigns unless any or either of my said Children so dying in the life time of or before the remarriage of my said Wife leaving ...issue of her, his or their Bodies living at the time of her, his or their decease, then and in such case, I give and bequeath the part or share of the one so dying having lawful issue as aforesaid, unto and equally between such issue of more than one, and if but one, the whole to such only Child to be paid them him or her, on their his or her, respectively attaining the age of twenty one years,
Provided always and my Will and intention is and I do hereby expressly order and direct that in case my said Wife shall happen to die in my life time and before my return from my said intended Voyage, that my Mother in Law, Mrs Mary Gilmour, Widow, at present living with me, shall be entitled to have and receive the whole of the Interest, Dividends and Profits of the said trust monies and premises to and for her own use during the term of her natural life if she shall so long continue a Widow and unmarried on a compensation for the trouble she will have in the care and breeding up my said several Children, or the Survivor of them and their, and in such case I appoint the said Mary Gilmour to be one of the Exors. of my said Will in conjunction with the said Alexander Davison and David Bogin as also a Joint Trustee with them for the whole of my Estate, it being my Will and intention, and I do hereby in such case give and bequeath the moiety of my said Estate, before given to my said Wife, absolutely unto, and equally between my said several Children, to be paid them in the like manner as the other moiety is hereby directed to be paid and applied to and for them, immediately on the death or remarriage of my said Wife
And I do hereby nominate and appoint my said Wife and the said Alexander Davison and David Bogin Exors. of this my Will, and it is my Will and I do hereby direct that my said Executors shall not be answerable or accountable for any loss that may happen to all or any part of my personal Estate so as such loss be not through their wilful neglect or default, and also that they shall reimburse themselves out of my said Estate all such loss, costs, charges, damages and expences as they shall be put unto or sustain in the execution of this my Will or by reason or of any suit or suits at law or in .. or any other matter or thing whatsoever relating to the same, and that one of them shall not be answerable for the other of them or for the acts, Receipts, payments or defaults of the other of them, but each of them for himself and herself, and for his and her own act, Receipts, payments and defaults only
And lastly I do hereby revoke and make void all former and other Will and Wills by me at any time heretofore made, and declare this to be and contain my last Will and Testament. In Testimony whereof I have to this my last Will and Testament contained on two sheets of paper to the bottom of the first set my hand, and to this my hand and Seal this twenty seventh day of July in the year of our Lord one thousand seven hundred and ninety one Nathl. Portlock
Signed, Sealed, Published and declared by the said Nathaniel Portlock the Testator as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have hereunto subscribed our names as Witnesses, the interlineations between the second & Third lines, and the eleventh and twelfth on the first sheet, the interlineations between the eighth and ninth, the eleventh and twelfth lines of this sheet being first made Rd. Parson Abm. Rose.
Codicil
Whereas since making and executing my last Will and Testament hereto annexed bearing date the twenty seventh day of July in the year of our Lord one thousand seven hundred and ninety one my Wife Elizabeth Portlock was delivered of a Child with which she was then ensient, which Child afterwards died and whereas since the making of my said Will I have two Children born from the Body of my said Wife, namely Joseph Ellison and Mary Campbell, now I do by this my Codicil, which I order and direct to be annexed to and taken as part of my said last Will and Testament, give and bequeath unto my said two last born Children, Joseph Ellison and Mary Campbell, proportionate parts of the moiety of my personal Estate and Effects equally with my two Children Eliza and Henry Powney named in my said Will and hereby positively direct and declare that they, my two last born Children shall take and be entitled to such proportion on the like terms, provisos and stipulations with my two older Children Eliza and Henry Powney, and I do hereby further direct and bequeath that all and every other Child and Children which I may hereafter have by my Wife Elizabeth shall be equally intitled to the said moiety from my personal Estate in like and equal proportions with my said before four named Children.
In Testimony whereof and that this is to be taken as a Codicil of one part of my said Will I have hereunto set my hand and Seal this fifth day of December in the year of our Lord one thousand eight hundred and one Nathl. Portlock
Signed, Sealed Published and declared by the above signed Nathaniel Portlock as and for a Codicil to his last Will and Testament hereto annexed which he directs to be taken as part and parcel thereof 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 R Parsons Atto. Gosport. Jos. Parsons.
Proved at London with a Codicil 28th June 1818 before the Worshipful James Pearce Parson Dr of Laws & Surro. by the Oath of Elizabeth Portlock Ww. the Relict, one of the Exors to whom Admon. was granted having been first sworn duly to Admr. Power reserved to Alexander Davison & the Revd.David Bogin, the other Exors.
Cliff Thornton, July 2003