The Wills of Captain Cook's Crew - Joseph Gilbert

This is the last Will and Testament of me Joseph Gilbert of Fareham in the County of Southampton, Esquire. I direct that all my just debts, funeral expences and the Costs of proving this my Will shall in the first place be fully paid and satisfied.

I give and bequeath the several Legacies or Sums of money to the several persons hereinafter named that is to say

• the Sum of one thousand pounds three per Cent Consolidated Bank annuities to my good friend Mrs Elizabeth Pooke
• the Sum of one hundred pounds of lawful English money to my Godson John Pooke the younger,
• the Sum of one hundred pounds of like lawful money to my Son Richard Gilbert,
• the Sum of one hundred pounds of like lawful money, To my old and faithful Servant Elizabeth Drover,
• and the Sum of Twenty five pounds of like lawful money To my Servant Jane Cleverley,

• and I give and bequeath to my Granddaughter Rebecca Frances Gilbert, her Executors, Admors., and Assigns, my two Messuages or Tenements with the Gardens and Appurts thereunto belonging, situate in the North Street of Fareham aforesaid and holden under the Vicarage Manor for three lives, one whereof is in the occupation of Mr Maidman, and the other of myself, and also all my Plate, Linen, China, Household Goods and Furniture, Wine, Beer, Liquors and goods of every description in and about the Messuage and Premises so occupied by me as aforesaid,
• and I give and bequeath my Twenty five shares of Twenty Pounds each in the Philanthroper Annuity Institution unto my said Granddaughter Rebecca Frances Gilbert and John Pooke of Fareham aforesaid Esquire their Executors and Assigns In Trust for my Granddaughter Catherine Sterry Gilbert, her Executors, Admors and Assigns on her attaining the age of twenty one years, and in the meantime and until she shall attain that age, upon Trust to pay and apply the Interest and Dividends, or so much thereof as my said Trustees shall deem requisite, for and towards her maintenance and Education,
• and I give, devise and bequeath a piece or parcel of freehold pasture Land at Wrangle, near Boston, Lincolnshire, now in the occupation of John Bond, with the appurtenances, and also my shares or Securities for five hundred pounds in the Black Shire at Boston aforesaid unto my said Granddaughter Rebecca Frances Gilbert and the said John Pooke, their heirs, Executors, admors and assigns respectively, In Trust to pay or to permit and suffer my Sister Mrs Mary Dickenson to receive the Rents and profits of the said piece or parcel of Land and the Interest or annual proceeds arising from the said shares or Securities for and during the term of her life, and from and immediately after her decease upon Trust to pay and apply the said Rents and Profits, Interest or annual proceeds or so much thereof as my said Trustees shall judge necessary, for and towards the maintenance and education of my Grandson George Mowbray Gilbert, until he shall attain the age of twenty one years, and on his attaining that age the said piece or parcel of Land, shares and securities shall be In Trust for him my said Grandson, his heirs, Executors, admors and assigns respectively.

And I also give and bequeath to my said Granddaughter Rebecca Frances Gilbert and the said John Pooke, their Executors, admors and assigns my Securities for Two hundred and fifty pounds on the Titchfield and Cosham Turnpike Road, and also my Security for fifty pounds on the Gosport Turnpike Road, In Trust for my Granddaughter Emma Mary Harrington Gilbert, her Executors, admors and assigns on her attaining the age of twenty one years and in the meantime and until she shall attain that age, Upon Trust to pay and apply the Interest arising therefrom for and towards her maintenance and education,

• and as to all my ready money, money in the public Stocks and funds and all and singular other my personal Estate and Effects of what nature or kind soever not hereinbefore specifically disposed of, I give and bequeath the same to my said Granddaughter Rebecca Frances Gilbert and John Pooke, their Executors, admors, and assigns upon trust thereout to pay all my just debts, funeral expences, the costs of proving this will and the several Legacies or Sums of money hereinbefore given and bequeathed,

and as to the Residue of my said Personal Estate and effects which shall remain after and shall not be applied for the purposes last mentioned, I declare and direct that one fourth part thereof shall go and belong to my said Granddaughter Rebecca Frances Gilbert and the said John Pooke their Executors, admors and assigns stand and be possessed of the remaining part of my said Personal Estate and Effects, In Trust for my said Grandchildren Catherine Sterry Gilbert, George Mowbray Gilbert and Emma Mary Harrington Gilbert, equally to be divided between and amongst them, share and share alike, and to be paid or transferred at their respective ages of twenty one years, and if any or either of them shall happen to depart this life under the age of twenty one years then the part or share, parts or shares of him, her or them so dying shall go and be paid or transferred to my said Granddaughter Rebecca Frances Gilbert and the Survivors or Survivor of the other of them my said Grandchildren, and the Executors, admors and assigns of such of them being dead who shall have lived to attain the said age of twenty one years at such time or times as his, her or their original share or shares shall become payable or transferable, or as soon afterwards as circumstances will permit,

and it is my will and mind that if any or either of my said Grandchildren who are now minors shall die under the age of twenty one years, such other beneficial Interest as he, she or they so dying shall be entitled to under this my will shall go and belong to my said Granddaughter Rebecca Frances Gilbert and the Survivors or Survivor of the other of them my said Grandchildren in manner last hereinbefore mentioned, provided always and it is my Will and mind, and I do hereby declare and direct that my said Trustees do and shall pay and apply so much or such part of the Interest, dividends or annual proceeds of the respective portions or shares for the time being of my said Grandchildren who are now Minors of and in the remaining part of my said Personal Estate and Effects for their respective maintenance Education or benefit until their respective portions or shares shall become payable or transferable as my said Trustees shall in their discretion deem proper, and I further declare and direct that the Residue of the Interest, dividends or annual proceeds of the respective portions or shares of my said Grandchildren shall be laid out and accumulated by my said Trustees in or upon Government or Real Securities at Interest, and that my said Trustees shall stand and be possessed of such accumulations upon the same Trusts as are hereinbefore declared concerning the principal monies from which such accumulations shall arise, provided also and I declare and direct that it shall and may be lawful to and for my said Trustees to raise and apply such part of the portion or share of my said Grandson George Mowbray Gilbert but not exceeding the Sum of five hundred pounds during his Infancy or Minority as to my said Trustees shall seem fit and necessary for placing him in any profession or otherwise for his benefit and advancement in life.

I appoint my said Granddaughter Rebecca Frances Gilbert and the said John Pooke Executrix and Executor of this my Will, and I declare that they shall not be answerable the one for the other and by no means for involuntary losses and that they shall respectively be allowed and may retain all their costs, charges and expences to be occasioned by the due execution of the Trusts hereby in them reposed. And I do hereby revoke all my former Wills. In Witness whereof I the said Joseph Gilbert have, to this my last Will and Testament contained in five sheets of paper, set my hand and seal this ninth day of April in the year of our Lord one thousand eight hundred and seventeen. Josh. Gilbert.

Signed, sealed, published and declared by the said Joseph Gilbert the Testator as and for his last Will and Testament in the presence of us who at his request and in his presence have hereunto Subscribed our names as Witnesses    John Bogue    James Ainge    W.W.Maidman.

This is a Codicil to the last Will and Testament if me Joseph Gilbert, now of Fareham in the County of Southampton, Esquire, bearing date the ninth day of April, one thousand eight hundred and seventeen.
In order to prevent any difficulty in identifying my person after my decease I do hereby declare that I formerly resided at Portsmouth and afterwards at Deptford, and that during my residence at these places as well as my present place of abode, I at various times purchased Stock in the three per Cent Consolidated Bank annuities.
I give and bequeath my pew or Seat in the South Aisle of the Parish Church of Fareham, aforesaid unto my Granddaughter Rebecca Frances Gilbert her Executors, admors and assigns to and for her and their own absolute use and benefit instead of the same forming part of the Residue of my Personal Estate and Effects and going in the same manner as such Residue is disposed of in and by my said Will. And in all other respects I do hereby ratify and confirm my said Will. In Witness whereof I have hereunto set my hand and Seal, this twenty eighth day of April one thousand eight hundred and seventeen. - Jos: Gilbert

Signed, sealed, published and declared by the said Joseph Gilbert, as and for a Codicil to his last Will and Testament in the presence of us who, at his request, and in his presence, have hereunto subscribed our names as Witnesses.    John Bogue    W.W. Maidman B. Maidman

This is a further Codicil to the last Will and Testament of me Joseph Gilbert of Fareham in the County of Southampton, Esquire, bearing date the ninth day of April one thousand eight hundred and seventeen.
Whereas I have in and by my said Will given and bequeathed to my Granddaughter Rebecca Frances Gilbert and John Pooke, their Executors, admors and assigns, my Securities for Two hundred and fifty pounds on the Titchfield and Cosham Turnpike Road, and also my Security for fifty Pounds on the Gosport Turnpike was In Trust for my Granddaughter Emma Mary Harrington Gilbert, her Executors, admors and assigns on her attaining the age of twenty one years, now I do hereby revoke and make void such bequest, and I give and bequeath the said several Turnpike Road Securities unto my said Granddaughter Rebecca Frances Gilbert her Executors, admors and assigns to and for her and their own absolute use and benefit and in all other respects I do hereby ratify and confirm my said Will and also my former Codicil.
In Witness whereof I have hereunto set my hand and seal this Eighth day of October one thousand eight hundred and seventeen.    Josh. Gilbert

Signed, sealed, published and declared by the said Joseph Gilbert as and for a further Codicil to 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    John Bogue    James Ainge    W.W. Maidman

Proved at London (with 2 Codicils) 13th February 1821 before the Judge by the oath of Rebecca Frances Gilbert, Spinster, the Granddaughter and John Pooke Esquire the Executors to whom admon was granted being first Sworn (by Com’on) duly to administer.

Transcribed by Cliff Thornton, March 2005.