The Wills of Captain Cook's Crew - William Bayly

This is the last Will and Testament of me William Bayly, late First Master of the Royal Academy in his Majesty’s Dock Yard near Portsmouth and now residing near Portsea in the County of Southampton. Whereby I humbly commend my Soul to God to dispose of all my Worldly Estate & Effects in manner following, that is to say

• give and bequeath unto my niece Mary Dark of Market Lavington in the County of Wilts, Widow, the Sum of four hundred pounds Stg (Sterling), and for her own proper use & benefit,
• I give and bequeath unto her Son Emanuel Dark the Sum of Five Hundred pounds Sterling,
• & the like Sum of Five Hundred pounds Sterling unto James Dark another of the Sons of the said Mary Dark,
• and the Sum of Four hundred pounds Sterling unto each of the daughters of the said Mary Dark as shall be born and living at the time of my decease & for their several & respective uses and benefit,
• I give & bequeath unto my Nephew Joseph Bayly, Son of my late Brother Joseph Bayly of Market Lavington aforesaid the Sum of One thousand pounds Sterling to & for his own proper use & benefit,
• I also give unto my friends Col. Mark Beaufoy of Hackney Wick in the County of Middx. and Thos. Mease of Wilton in the County of Wilts, Carpet Manufacturer, their Exors, Admors and Assigns the Sum of One thousand pounds Stock in the Navy five per Cent Anns. Upon Trust that they, the said Mark Beaufoy and Thomas Mease or the Survivor of them, or the Exors or Admors of such Survivor, do and shall pay and apply the Dividends and Interest thereof from time to time as the same shall become due and payable, unto my said Nephew Joseph Bayly & his assigns, for and during the term of his natural life, and from and after his decease, do and shall pay & apply the dividends and produce of the said Sum of One thousand pounds Navy five per Cent Anns. unto Elizabeth Bayly, the present wife of the said Joseph Bayly for & during the term of her natural life or so long thereof as she shall continue his Widow, and from & immediately after her decease or second Marriage upon Trust to have for & pay the said One thousand pounds Navy five per cent Anns. unto such of the Children of my said Nephew Joseph Bayly as shall be living at the decease of the survivor of them my said nephew Joseph Bayly and Elizabeth his Wife, or at the second Marriage of her the said Elizabeth Bayly, to be equally divided between them if more than one share & share alike and in case there shall be no child or children of my said Nephew Joseph Bayly living at the decease of the survivor of them the said Joseph Bayly and Elizabeth his Wife or at the second marriage of her the said Elizabeth Bayly, then it is my Will that the sd. Sum of One thousand pounds Navy five per Cent Anns. shall sink into and become part of the Residue of my Personal Estate.
• I also give and bequeath unto each of the sons of my said Nephew Joseph Bayly who shall be born and living at the time of my decease the Sum of Five hundred pounds Sterling to & for their several and respective use & benefit to be transferred or paid to them as they shall respectively attain the age of twenty one years, the Dividends or Interest in the mean while to be paid and applied for or towards their Maintenance & Education, provided always that in Case any or either of the Sons of my said Nephew Joseph Bayly who shall be born and living at the time of my decease shall depart this Life under the age of twenty one years it is my Will that the Legacy or respective Legacies of Five hundred pounds of him or them so dying shall sink into & become part of the Residue of my Personal Estate
• I also give & bequeath unto each of the Daus. of my said Nephew Joseph Bayly who shall be born & living at the time of my decease the Sum of Four hundred pounds Sterling to and for their several & respective uses & benefit, to be transferred or paid to them at their respective ages of twenty one years or days of marriage which ever Event shall first happen, the dividends or interest in the mean while to be paid & applied for or towards their Maintenance & Education, provided always that in Case any or either of the Daus. of my said Nephew Joseph Bayly born and living at the time of my decease shall depart this life under the age of 21 Years & unmarried the Legacy or Legacies of Four hundred pounds of her or them so dying shall sink into & be deemed part of the Residue of my Personal Estate,
• I give and bequeath unto Priscilla Maslin, the daughter of my late Nephew Thomasd Maslin of All Cannings in the County of Wilts, the Sum of Four hundred pounds Sterling to & for her own use and benefit, to be transferred or paid to her at the age of twenty one years or day of Marriage which ever Event shall first happen, the dividends and interest in the mean time to be paid and applied for or towards her Maintenance and Education provided always that in Case the sd. Priscilla Maslin shall depart this Life under the age of twenty one Years and unmarried the said Legacy of Four hundred pounds so bequeathed to her as aforesaid shall sink into & be deemed part of the Residue of my Personal Estate,
• I give and bequeath unto Sarah Maslin, the widow of my said late Nephew Thomas Maslin the Sum of One hundred pounds Sterling to & for her own proper use and benefit
• I give and bequeath unto Susannah Stephens, daughter of John Stephens of Pottern in the County of Wilts, Widow and Mealman (?) the Sum of Four hundred pounds Sterling to & for her own proper use and benefit to be transferred or paid to her at her age of twenty one years or day of Marriage, which ever Event shall first happen, the dividends and Interest to be paid and applied in the mean while for or towards her Maintenance and Education & Support provided always that if the said Susannah Stephens shall depart his Life under the age of twenty one Years and unmarried then & in such Case it is my Will and I do hereby direct that the said Sum of Four Hundred pounds Sterling so bequeathed to her as aforesaid shall sink & be deemed part of the Residue of my Personal Estate,
• I give & bequeath unto Louisa Pook, the daughter of James and Elizabeth Pook of Portsea aforesaid the Sum of Four hundred pounds sterling to be transferred and paid on her attaining the age of twenty one Years or day of Marriage which ever Event shall first happen, the dividends and interest thereof in the mean while to accumulate & go along with and be paid & transferred to the said Louisa Pook at the same time as the said Sum of Four hundred pounds so bequeathed to her as aforesaid, provided always that in Case the said Louisa Pook shall depart this Life under the age of twenty one Years and unmarried than I do hereby direct that the said Sum of Four hundred pounds so given to the said Louisa Pook as aforesaid together with all accumulations arising therefrom shall sink into & be deemed part of the Residue of my Personal Estate,
• I give and bequeath unto the said Mark Beaufoy and Thomas Mease their Exors, Admors & Assigns the Sum of One thousand pounds Navy five per Cent Anns. now standing in the transfer books kept for the same Anns. at the Bank of England in my Name under the description of William Bayly, Gent. of Hackney in the County of Middx., upon the several Trusts hereinafter mentioned and expressed of and concerning the same (that is to say) Upon Trust that they my said Trustees or the Survivor of them, his Exors or Admors do and shall duly authorize and permit my late Wife’s Brother Robert Chittle of Leicester in the County of Leicester, Gent. and his Exors, Admors & Assigns to receive the Dividends and Interest of the said last mentioned Sum of One thousand pounds for & during the natural life of his sister Hannah Hulls upon condition and in order that he the said Robert Chittle his Exors, Admors or Assigns shall & do well & truly pay unto the said Hannah Hulls for and during the term of her natural Life the weekly Sum of fourteen Shillings to and for her own proper use and benefit, and from & immediately after the decease of the said Hannah Hulls Upon Trust that they, my said Trustees or the Survivor of them his Exors or Admors, do and shall transfer, assign & pay the said last mentioned Sum of One thousand pounds unto the said Robert Chittle his Exors, Admors & Assigns to and for his & their own proper use & benefit, provided always that if the said Robert Chittle his Exors, Admors or Assigns shall not well & truly pay the said weekly Sum of fourteen Shillings to the said Hannah Hulls as & when the same shall become due to her as aforesaid, then in such Case I direct that my said Trustees or the Survivor of them his Exors or Admors, shall and do, by and out of the Interest and Dividends of the last mentioned Sum of One thousand pounds pay the said weekly Sum of fourteen Shillings, or if my said Trustees or the Survivor of them his Exors or Admors shall think proper, do and shall pay the whole of such Dividends and Interest unto the said Hannah Hulls for and during the term of her natural Life, and after the decease of the said Hannah Hulls, if any part of the said Dividends or Interest shall remain unapplied by my said Trustees as aforesaid, the same shall be paid together with the said Sum of One thousand pounds unto the said Robert Chittle, his Exors, Admors or Assigns to and for his and their own proper use and benefit respectively.
• I give and bequeath unto each of my Exors, the said Colonel Mark Beaufoy and Thomas Mease, the Sum of One thousand pounds Sterling, to and for their own proper use and benefit respectively,
• I give and bequeath unto the said Colonel Mark Beaufoy one of my large Chromatic Telescopes, viz the one of 5 foot together with the apparatus thereto belonging, and it is my Will that the said Colonel Mk Beaufoy may also have as many of my manuscripts, Books & papers as he may think proper,
• And I also give unto my said friend Thomas Mease all my Southsea Curiosities contained in the box No. 1,
• And I give and bequeath unto Ann the Wife of the said Thomas Mease the Sum of two hundred pounds Sterling,
• I give and bequeath unto Hannah Bunking, Spinster Sister of the said Ann Mease the Sum of two hundred pounds Sterling,
• I give and bequeath unto Frances or Fanny Osman, who now keeps my house, for her Care and attention to me, the Sum of four hundred pounds Sterling, provided she remains with me until my decease, but in Case she quits my Service either by marrying or otherwise before I die, I give and bequeath to her only One hundred pounds Sterling, and I give to her provided she remains with me Five pounds Sterling to buy mourning, and also the bedstead & furniture on the second floor back Chamber, together with six months Wages,
• I give and bequeath to my man Servant and Maid Servant living with me at my decease each Five pounds Sterling to buy mourning, and also six months Wages
• And whereas the King has been lately pleased to grant unto me (in behalf of my Great Nephew William Henry Dark of Market Lavington in the said County of Wilts, one of the Sons of my said Niece Mary Dark) his Royal Licence and Authority, that he the sd. William Henry Dark and his Issue may take and use the Surname of Bayly instead of that of Dark, and also to bear the arms of Bayly, only Now I do hereby give and devise unto my said Great Nephew William Henry Dark, who by his Majys said Licence is authorized to take and use my Surname as aforesaid, all that my Leasehold Messuage with its Appurts, situate in Gloucester Street, Portman Square, in the Parish of Marylebone, in te County of Middx., now in the occupation of Mrs Gould or her undertenant Mr Holley, to hold the same to him, the said William Henry Dark, so authorized at aforesaid to take & use the Surname of Bayly, his Exors, Admors & Assigns for and during all my Estate Term and Interest therein,
• All and singular the Rest, Residue and Remainder of the personal Estate, Effects and Property which I shall be possessed of or entitled to or anyways interested in at the time of my decease, or over which I have any disposing power, whether the same consist of monies in the Funds or otherwise out on security at Interest, or of whatever description the same or any part thereof may be (after payment of my just debts, Funeral Exps. & the costs proving this my Will, and the Expences incidental to the Execution thereof and the Legacies hereinbefore given and bequeathed), I give and bequeath unto my said Great Nephew William Henry Dark so authorized as aforesaid to take & use the name of Bayly and such Son or Sons of my Nephew the said Joseph Bayly as shall be born and living at the time of my decease, to be equally divided between the said William Henry Dark and the Son or Sons of my Nephew the said Joseph Bayly, share and share alike,
• And I do hereby nominate and appoint the said Col. Mark Beaufoy and Thomas Mease, Exors of this my Will, provided always and it is my Will and I do hereby direct that my said Trustees and Exors. Shall not be answerable or accountable for any Loss that shall happen to all or any part of my Estate or Effects so as such Loss be not through their wilful neglect or default and that they shall reimburse themselves respectively all such Loss, Costs, Charges, damages and Expences as they or either of them shall be put unto or sustain in or about the Exorship. of this my Will or for or by reason of any Matter, Cause or Thing whatsoever relating to the same, and that one of them shall not be answerable or accountable for the other of them, or for the Accs., Receipts, Payments or Defaults of the other of them, but each of them for himself and for his own acts defaults Heirs, Exors & Admors only,
• And Lastly I do hereby revoke and make void all former & other will & wills by me at any time heretofore made & declare this only to be and contain my last Will and Testament. In Testimony whereof I the said William Bayly have hereto set my Hand and Seal (that is to say) my hand to the first five sheets hereunto annexed, and my hand and seal to this sixth & last sheet, in the twenty second day of September in the year of our Lord 1810 - Wm. Bayly.

A Codicil to be added to and taken as part of the last Will and Testament of me William Bayly withinmentioned,

• whereby I give and bequeath unto my Friend James Bradly of Queen Street, Portsea, my new Transit Instrument with the apparatus therein & belonging,
• And I give and bequeath unto Ann Mease, wife of Thomas Mease of Wilton, and to Hannah Bunking of Turnham Green, Middx. all the wearing apparel and Trinkets belonging to my late Wife and daughter Louisa, to be equally divided between them

Signed, sealed, published and declared in the presence of    D Howard Chas. Fidlin

Proved at London with a codicil the 11th of Febry. 1811 before the Judge by the oaths of Thomas Mease & Mark Beaufoy Esqrs. the Exors. to whom Admon. was granted being sworn duly to Administer.

(The will is annotated in the margin as follows)

( /// Act)

On the 24th day of December 1829 Admon. with the Will and Codicil annexed of the Goods, Chattels and Credits of William Bayly, formerly First Master of the Royal Academy in his Majesty’s Dockyard near Portsmouth, but late of Portsea in the County of Southampton, deceased, left unadministered by Thos. Mease and Mark Beaufoy respectfully deceased, whilst living the Executors named in the said Will, was granted to William Collins the sole Executor of the Will of Joseph Bayly deceased, whilst living the natural, lawful and only Son of Joseph Bayly (the Nephew) deceased, and as such, one of the residuary Legatees named in said Will having been sworn duly to Administer. John Thornhill and Henry Stone the Executors named in the Will of Mark Beaufoy (the serving Executor having renounced the Probate and Execution of the said Will - William Henry Dark otherwise Bayly the lawful great nephew and only other residuary Legatee having been first duly rited with the usual Intimation to accept or refuse - the letter of admon. with the Will and Codicil annexed of the unadministered goods of the said William Bayly deceased if he should by law be entitled thereto but in no wise appear. The said Joseph Bayly, the natural lawful and only child of Joseph Bayly (the Nephew) deceased as aforesaid being born and living at the time of the death of the said William Bayly, died without having taken upon himself the letter of Admon. (with the Will and Codicil annexed of the aforesaid unadministered Goods as by Acts of Court appears.

Transcribed by Cliff Thornton, January 2005.