In the name of God Amen, I John Elliott of Elliott House in the Parish of Ripon in the county of York, Esquire and a Captain in His Majesty’s Royal Navy, do make this my last Will and Testament in manner following (that is to say) -
First, I recommend my soul to that great all seeing and Almighty God to whose goodness I have been greatly indebted through Life, and who has protected me through many perils and dangers both by Sea and by Land, under a firm persuasion and hope that all my sins, frailties and infirmities will be forgiven me, and of a resurrection from death to life eternal through the merits and sufferings of our saviour Jesus Christ. I desire that my body may be laid with those of my five dear children already departed this life and that a neat marble monument may be placed over it upon the Wall expressing the services to my Country which I have gone through, and I desire that a neat iron railing may be erected round the place where my family are buried.
I give and devise to my Trustees Henry Richard Wood of Hollin Hall and Charles Oxley of Ripon both in the county of York, Esquires and their heirs, my freehold messuage or dwelling house called Elliott House in which I reside with the outbuildings, gardens and lands thereto adjoining and belonging, and the fixtures and all other the appurtenances, upon trust to permit my most dear and well beloved wife Isabella Elliott to reside therein rent free during her natural life, provided she shall so long continue my widow, and in doing this it is my intention that all my dear daughters or such of then as shall remain unmarried shall continue to live with their mother so that it may be a home for them all.
I give and bequeath to my dear wife all the wine and other liquors and articles of household consumption which shall be in and about my dwellinghouse at the time of my decease, and also all the live and dead stock, Corn , Hay, Grass and implements of husbandry which shall be in and about the lands and premises.
I also give and bequeath to my said trustees Henry Richard Wood and Charles Oxley, their executors and administrators, all the household furniture, plate, linen, china, books and prints and the Carriage or Carriages which I shall be possessed of at the time of my decease, except only such articles of plate and plated and other articles and things as I shall in and by a Codicil or Codicils to this my last Will bequeath to my said Wife and to my sons and daughters respectively for their respective absolute use. And as to the Household furniture, plate, linen, china, books, prints and carriages so bequeathed to the said Henry Richard Wood and Charles Oxley, I direct that the same shall be held in trust to permit my said dear Wife to use and enjoy the same along with the said devised Dwellinghouse. And I direct that as soon as conveniently may be after my decease a Schedule or Inventory thereof shall be made under the direction of my said Trustees and that a copy thereof shall be signed by my said Wife who shall be answerable to my said Trustees for the several articles therein and reasonable allowance for the necessary wear and tear thereof.
But in the event of my said Wife choosing to reside in another Dwellinghouse, I direct that she be allowed to take, remove and enjoy during her widowhood the furniture of her own bedroom and of the Breakfast parlour and the scheduled china and glassware or such part thereof respectively as she may choose, which things so taken shall be scheduled in the same manner as I have hereinbefore mentioned. And from and after the decease of my said Wife, or the event of her marrying again, or of her leaving the said Dwellinghhouse for the purpose of living elsewhere in any of the said events, my will is that the said Henry Richard Wood and Charles Oxley their heirs, executors or administrators shall make an offer in writing to my dear son John Bardoe Elliott, now in India, of the said devised Dwellinghouse and premises with the appurtenances and also of the said Furniture and scheduled articles (except such part thereof as I shall in and by a Codicil to this my will otherwise bequeath and dispose of) at the price of Five thousand pounds, which I consider to be greatly below the value thereof, and in the meantime and until the determination of my said Son shall be known as to accepting or declining the said purchase, that my said trustees do and shall permit and suffer my said daughters, or such of them as shall be unmarried, to occupy the said Dwellinghouse and premises and to use the said furniture and scheduled articles.
And in case my said Son shall accept the said offer, upon trust that they my said trustees do and shall upon payment of the said sum of Five thousand pounds, convey and assure the said Dwellinghouse lands and premises with the appurtenances to him my said son his heirs and assigns, or as he or they shall direct or appoint, and do and shall give up the possession thereof to him or them accordingly, together with the said Furniture and scheduled articles therein.
But in case my said son shall decline the said offer, I bequeath to him out of the purchase money for the premises a legacy of Five hundred pounds and a handsome ring as a remembrance of me. And in that event, I direct that my said trustees do and shall as soon as conveniently may be after his determination may be known, sell and absolutely dispose of the said Dwellinghouse lands and premises with the appurtenances, by public auction or private contract for the best price which can be reasonably obtained for the same, and convey and absolutely assure the same to the purchaser or purchasers thereof. And I direct that that upon the sale of the said premises the receipt or receipts of the said Henry Richard Woods and Charles Oxley or the survivor of them or his heirs shall be good and effectual discharges to the purchaser or respective purchasers of the said premises for the money in such receipt or receipts expressed to be received. And that such purchaser or purchasers shall not afterwards be liable to see to the application or be answerable or accountable for the misapplication or non-application of the said monies or of any part thereof. And upon further trust in the event of my said son’s declining the said offer to sell and dispose of the said furniture and other articles except such of them as I shall have bequeathed by Codicil, and as to the produce of the sale of the said Dwellinghouse and premises, furniture and other articles, the same shall, subject to the said conditional legacy to my said son John Bardoe Elliott, be upon such trusts as are hereinafter expressed concerning the same.
I further give and bequeath to my said trustees the said Henry Richard Wood and Charles Oxley, their executors and administrators, all my money, securities, for money, personal estate and effects whatsoever not hereby or by any Codicil to this my Will otherwise disposed of, Upon trust as soon as conveniently may be after my decease to pay and discharge thereout all my just debts and my funeral and testamentory expences and also any legacies which I may bequeath by Codicil. And I hereby think it right to explain that my only reason for not leaving a legacy to my dear son Captain William Henry Elliott is that I have extended different sums for his advancement and can now under an engagement to pay Seven hundred pounds towards purchasing him a majority I therefore …… ……. bequeath to him a handsome ring in remembrance of me.
And subject as aforesaid upon trust that my said trustees do appropriate and set apart out of my residuary personal estate invested on security so much capital or principal stock as shall be sufficient to produce by the annual dividends and interest thereon the clear yearly sum of Four hundred and seventy pounds and do and shall pay thereout unto my said dear wife and her assigns during her life, if she shall continue my widow, the annuity or yearly sum of Four hundred pounds by equal half yearly payments, the first payment to begin and be made on such of the half yearly days of payment of the dividends on my Stock in the New Russian Loan as shall next happen after my decease. And further do and shall pay threout to my said wife, during such time as she shall continue my widow and shall live in my said Dwellinghouse, the yearly sum of Forty pounds for the purpose of her keeping the said Dwellinghouse, buildings and premises in complete repair, but in case she shall choose to quit the said dwellinghouse and to live elsewhere that they my said trustees do and shall in lieu of the said yearly sum of Forty pounds pay to her my said wife, provided she continue my widow, the yearly sum of Seventy pounds for and instead of house rent. And upon further trust in case my said wife shall marry again that they my said trustees do and shall pay to her and her assigns during her life, instead of the said annuity of Four hundred pounds, the annuity or yearly sum of Fifty pounds by equal half yearly payments. And I direct that my said trustees shall have a discretionary power of transposing and varying from time to time the securities wherein the Capital or principal money producing the said annual sum of four hundred and seventy pounds or any part thereof shall from time to time be invested, and shall and may invest the same in their names upon such Government or real securities as they shall think proper so long as the trusts of the said Capital or principal money shall continue. And that when and as the said Capital or principal money or any part thereof shall cease to be wanted for securing the annual payments aforesaid the same shall fall into my residuary personal estate.
And as to the clear produce of my of my residuary personal estate and the surplus if any of the interest and dividends of the said Capital or principal sum which shall remain after making good the said payments to my said wife, and also as to the clear purchase monies which shall arise from my said devised dwellinghouse and premises when the same shall be sold and from the furniture and other articles therein which I shall not otherwise leave by any Codicil to this my Will, I direct that the whole of the said residue and monies shall be held in six equal shares for the benefit of and shall be paid unto my dear daughters ; Sibbella Elliott, Eliza Elliott, Jane Caroline Elliott, Margaretta Isabella Elliott, Louisa Lucretia Elliott and Anna Maria Elliott, their executors, administrators and assigns -
Provided nevertheless that in estimating the shares of my said daughters I direct that as a mark of my displeasure at the frequently undutiful and ungrateful behaviour of my eldest daughter, her share of and in the capital or principal money which shall be divided amongst my daughters at the death or second marriage of my said wife shall be less in amount by three hundred pounds than the respective shares therein of her sisters. I direct that each of my daughters, so long as she shall reside with her mother shall pay to her Fifty pounds per annum for board, lodging and washing.
I constitute and appoint the said Henry Richard Wood and Charles Oxley together with my said Wife, Executors of this my last Will and Testament, hereby revoking all former Wills by me made. And I give to each of them, the said Henry Richard Wood and Charles Oxley a handsome mourning ring as a mark of my respect and esteem. I direct that the said Henry Richard Wood and Charles Oxley, my trustees hereinbefore named, shall not be answerable the one for the other, nor shall they be answerable for any loss happening to the trust monies unless the same shall be occasioned by their respective wilful neglect or default, and further that they shall and may reimburse themselves and each other out of the trust monies coming into their hands all such losses, costs, charges and expences as they shall necessarily sustain or expend in the execution of the of the aforesaid trusts. In Witness whereof I the said John Elliott the Testator have to the three preceding sheets of this my Will set my hand, and to this fourth and last sheet thereof my hand and seal, the twenty first day of March in the year of our Lord one thousand eight hundred and twenty seven - J Elliott Capt. R.N.
Signed, sealed, published and declared by the said John Elliott the Testator as and for his last Will and Testament in the presence of us who in his presence have hereunto subscribed our names as Witnesses Jona. Gray of York Solicitor, Henry Newton of York Solicitor, Wm. Gray Junr. Clerk to Messrs Thorpe & Gray, York.
Codicil 1st
This is a Codicil to the last Will and Testament of me John Elliott of Elliott House in the parish of Ripon in the county of York, Esquire which Will bears date the Twenty first day of March one thousand eight hundred and twenty seven. I give and dispose of various articles of plate, furniture and other things as follows (that is to say) I give the following to my dear wife to be her absolute property at my death, my Gold Watch, silver coffee pot, silver Tea pot, silver Cream Jug, Silver Sugar Basket, Silver Tea tongs, six silver Tea spoons, all the loose silver spoons and loose knives and forks in common use, small silver plated Cake Basket, silver plated Bed Chamber candlestick, plated Toast crib, two small silver candlesticks, the plain mahogany knife …… with the knives and forks in it. I give the following to be the absolute property at my death of my respective children whose names are set opposite to the different articles :
I give the following to be the absolute property of my respective children whose names are set opposite thereto, subject to the use and enjoyment thereof by my wife under the conditions expressed in my Will,
In Witness whereof I the said John Elliott have hereunto set my hand and seal the Twenty first day of March in the year of our Lord one thousand eight hundred and twenty seven - J Elliott Captn. R.N.
Signed, sealed published and declared by the said John Elliott as a Codicil to his last Will and Testament, in then presence of us Jona. Gray - Henry Newton - Wm Gray Junr.
Codicil 2nd.
The Second Codicil to my Will. Be it known to all men that I John Elliott Esqr. and a Captn. in the Royal Navy, being in good health and sound mind, do hereby make this writing a separate Codicil to my last Will and Testament, and hereby do make, constitute and appoint my son John Bardoe Elliott (now Chief Judge of the Province of Bahar in Bengal, residing at Pattna) to act as a joint Executor in trust to my Will along with my dear Wife, Richard Henry Wood of Hollin Hall Esqr. and Charles Oxley Esqr. of Ripon, to aid & assist my said dr. Wife in the management of her family & affairs according to my said Will to the best of their judgement &tc.
- J Elliott Captn. R.N. of Elliott House
Signed this 21st day of October 1829, Witness John Horne St Helen’s Cottage - Ann Pickersgill Housekeeper, Jane Wright Lady’s Maid.
Codicil 3rd.
The third Codicil to my Will. I John Elliott Esqr. a Captn. in the Royal Navy do make this an additional Codicil to my last Will and by it I give and bequeath to my dear Wife Isabella Elliott, all my Drawings, Charts, Maps and more particularly all those Drawings relative to Cook’s voyage, and further I give to my said dear Wife my Memoir of my early life written by myself as far as it goes.
Signed this 12th day of Jany. 1830 - J Elliott Captn. R.N. of Elliott House.
Witness John Horne St Helen’s Cottage, Ann Pickersgill Housekeeper, Jane Wright Lady’s Maid.
Codicil 4th.
The Fourth Codicil to my Will.
I John Elliott Esqr. a Captn. in the Royal Navy do make this an additional Codicil to my last Will and by it I give, bequeath and order that if any of my dear daughters should die unmarried or single, in that case it is my will & desire that the fortunes of each daughter so dying shall go to my dr. son Willm. Henry Elliott, now a Captn. in the 51st or Kings Own Light Infantry.
Sign’d this 17th day of March 1830 - J Elliott Captn. R.N. of Elliott House.
Witness - John Horne St. Helen’s Cottage, Ann Pickersgill Housekeeper, Jane Wright Lady’s Maid
Pass’d 23rd Decr. 1834
Transcribed by Cliff Thornton, February 2005.