The Wills of Captain Cook's Crew - Thomas Whitton Andrews

This is the last Will and Testament of me Thomas Whitton Andrews of Brompton in the Parish of Gillingham in the County of Kent, Surgeon, which I make, publish & declare in manner following

I give & bequeath unto my friend the Reverend James Lynn of the City of Rochester Clerk & to my friend Mary Larkin of the same City, Spinster, the Sum of five Guineas each for a ring as a mark of my great respect & regard for each of them & as a token of the long & continuous friendship which hath subsisted between us & from & after payment & satisfaction of my just debts, my funeral & testamentary charges & all incident expences & subject thereby,

I give & bequeath all & every my household Goods, furniture, Plate, Linen, China, ready money & securities for money & all other my personal Estate & Effects whatsoever & wheresoever which I may be possessed of, interested in, or entitled to at the time of my decease, unto the said James Lynn his Executors Admons. & Assigns upon trust or for the only use & benefit of my Son Magnus Whitton Andrews, now in the Island of Madeira, Doctor in Physic, absolutely.

And I do hereby authorize & empower the said James Lynn my Trustee to receive & give acquittances, releases & discharges for all Sum & Sums of money which now is or are or at any time hereafter shall be or become due or payable to me upon any amount whatsoever & to sell & dispose of my said personal estate & effects or otherwise to convert the same into money as he my said trustee shall think proper, the same being for the sole use & absolute benefit of my said Son.

& I do hereby will, declare & direct that the receipt of my said trustee, either with or without the concurrence of my said Son, shall in every wise & upon all occasions whatsoever be a good & sufficient discharge and discharges to the person or persons paying any Sum or Sums of money, & after such receipt or receipts obtained, the same shall be a good and effectual discharge for so much money as in such receipt or receipts shall be expressed or acknowledged to be received, & that after payment & satisfaction thereof the person or persons paying the same & taking such receipts shall not be obliged to see to the application, nor be answerable, or in any way whatever accountable for the loss, misapplication, or non-application thereof, or any part thereof, & I do hereby further declare that my said trustee shall not be responsible for or charged with or accountable for any more monies arising from my Estate & Effects than shall be actually received by him or come to his hands or use, nor with or for any loss or reduction which shall or may happen therein or in or about the trusts or Executorship hereof or relative thereto without his wilful neglect or default, & that it shall & may be lawful for my said trustee to deduct & retain to & reimburse himself out of the monies arising from my Estate & Effects all costs, charges & expences which he shall or may pay, expend or be put unto, in or about the Executorship or Trust of this my Will or any Suit and matter or thing relative thereto.

& I do hereby nominate, constitute and appoint the said James Lynn, Sole Executor of this my Will, & hereby revoking every other Will by me at any time heretofore made I do declare this alone to be and contain my last Will and Testament.

In Witness whereof I the said Thomas Whitton Andrews the testator have hereunto set my hand and seal the eleventh day of February in the year of our Lord 1813 -
T.W. Andrews.

Signed, sealed, published and declared by the said Thomas Whitton Andrews the testator as & for his last Will and Testament in the presence of us who in his presence and at his request & in the presence of each other have subscribed our names as Witness thereto -    Joseph Smethurst - Brompton    - J. Gibbs, Solicitor, Rochester.

Proved at London 17th February 1814 before the Worshipful John Dodson LLD & Surrogate by the oath of the Revd. James Lynn, Clerk, the sole Executor, to whom Admon. was granted, having been first sworn duly to Admin.


Public Record Office reference no. PROB 11 / 1295

Transcribed by Cliff Thornton, March 2005.     


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