This is the last Will and Testament of me Sir Hugh Palliser, Baronet, Admiral of the Blue Squadron of his Majesty’s Fleet and Governor of Greenwich Hospital.
In the first place I direct that all the just debts which I shall owe at the time of my decease, and also the charges of proving this my Will, shall be paid by my Executors hereinafter named out of the Personal Estate I shall die possessed of.
And I give and bequeath unto my natural or reputed Son, George Thomas, now Clerk of the Survey in Plymouth Dock Yard and Thomas Atkinson of Lincoln’s Inn Fields in the County of Middlesex, Gentleman, their Executors, Administrators and Assigns, the Capital Sum of Four Thousand Pounds New South Sea Annuities, Upon the Trusts and for the purposes hereinafter expressed and declared of and concerning the same (that is to say), Upon Trust that the said George Thomas, Jacob Costobadie and Thomas Atkinson or the Survivors or Survivor of them or the Executors or Administrators of such Survivor shall and do receive and pay unto my Sister Ursula Fletcher Widow and her Assigns during her natural life or sufficiently authorize and inpower or permit and suffer her and them to receive and take all the Interest, Dividends and Annual proceeds of the said Capital Sum of Four Thousand Pounds New South Sea Annuities, as the same shall from time to time become due and payable, to and for her and their own use and benefit.
And from and after the death of my said Sister Ursula Fletcher, Then Upon Trust that the said George Thomas, Jacob Costobadie and Thomas Atkinson, or the Survivors or Survivor of them or the Executors, Admors. or Assigns of such Survivor shall and do assign, transfer and pay the Sum of One Thousand Pounds New South Sea Annuities (part of the said Capital Sum of Four Thousand Pounds New South Sea Annuities) unto such person or persons, Upon such Trusts for such intents and purposes and in such manner as my said Sister Ursula Fletcher by her Last Will and Testament in writing or any writing purporting to be or in the nature of her last Will and Testament, to be Signed and published by her in the presence of and to be attested by two or more Credible Witnesses, shall order, direct or appoint. But if my said Sister Ursula Fletcher shall die without making any order, direction or appointment of and concerning the said Sum of One Thousand Pounds New South Sea Annuities as aforesaid, or if she shall make any such order, direction or appointment which shall not amount unto or be a complete appointment of the whole of the said Sum of One Thousand Pounds New South Sea Annuities, and of the whole and absolute Interest therein, Then my Will is and I do hereby direct and declare that the said Sum of One Thousand Pounds New South Sea Annuities be so much and such part thereof as shall remain unappointed and undisposed of by said Sister as aforesaid shall sink and become part of the residue of my Personal Estate hereinafter given and bequeathed unto the said George Thomas, his Executors, Administrators and Assigns.
And my Will further is and I do hereby also direct and declare that from and immediately after the death of my said Sister Ursula Fletcher, the Sum of Three Thousand Pounds New South Sea Annuities (residue of the said Capital Sum of Four thousand Pounds New South Sea Annuities, hereinbefore mentioned) shall sink into and become part of the said residue of my Personal Estate hereinafter given and bequeathed unto the said George Thomas, his Executors, Administrators and Assigns..
And I give and bequeath unto the said George Thomas, Jacob Costobadie and Thomas Atkinson their Executors Administrators and Assigns the further Capital Sum of Four Thousand Pounds New South Sea Annuities Upon the Trusts and for the purposes hereinafter expressed and declared of an concerning the same (that is to say) Upon Trust that they, the said George Thomas, Jacob Costobadie and Thomas Atkinson or the Survivors or Survivor of them or the Executors Administrators and Assigns of such Survivor, shall and do during the natural life of my Niece Rebecca Ibbetson (the wife of Carr Ibbetson) pay, apply and dispose of the Interests, Dividends and Annual proceeds of the said last mentioned Capital Sum of Four Thousand Pounds New South Sea Annuities when and as the same shall come in and be received unto such person or persons and for such uses, intents and purposes as my said Niece shall from time to time, notwithstanding her Coverture, by any Note or Writing under her hand order, direct, or appoint, and for want of such Order, Direction or Appointment into the proper hands of my said Niece, To the intent that the same may be for her own sole and separate use and benefit, and may not be subject or liable to the debts, control or Engagements of the said Carr Ibbetson her husband. And I do hereby direct that the receipt of my said Niece Rebecca Ibbetson under her hand or of such person or persons as she shall appoint to receive the Interest, Dividends and Annual proceeds of the said capital Sum of Four Thousand Pounds New South Sea Annuities or any part or parts thereof as aforesaid shall from time to time, notwithstanding the Coverture of my said Niece, be a good and sufficient discharge to my said Trustees and the Survivor of them and the Executors Administrators and Assigns of such Survivor for such Sum and Sums of money as shall be therein respectively acknowledged or expressed to be received,
And in case my said Niece Rebecca Ibbetson shall leave any Child or Children of her body living at her death, whether my said Niece shall die in my life time or after my decease, Then upon Trust that they, the said George Thomas, Jacob Costobadie and Thomas Atkinson or the Survivors or Survivor of them, or the Executors, Administrators and Assigns of such Survivor shall and do assign, transfer and pay the said last mentioned Capital Sum of Four Thousand Pounds New South Sea Annuities unto all and every the Child and Children of my said Niece Rebecca Ibbetson, who shall be living at her death as aforesaid, To be equally divided between and among them (if more than one) share and share alike, and if there shall be but one such Child, Then to such only Child the said Capital Sum of Four Thousand Pounds, to become a vested Interest or vested Interests in such Child or Children respectively at the time or times and in manner following, (that is to say), In such of the said Children as shall be a Son or Sons at his or their age or respective ages of twenty one years, and in such of the said Children as shall be a Daughter at her or their age or respective ages of twenty one years or on the day or days of her or their marriage or respective marriages which shall first happen. And the same to be assigned, transferred and paid to the said Child or Children respectively when and as the same shall so become a vested Interest or vested Interests as aforesaid or so soon after as conveniently may be provided,
always and my will is that in case any one or more of the said Children of my said Niece Rebecca Ibbetson shall die before his, her or their share or shares of the said last mentioned Capital Sum of Four Thousand Pounds New South Sea Annuities shall become vested and be payable or transferable by virtue of this my Will, Then and in such case the share or shares or him, her or them so dying shall devolve upon and accrue to and shall become vested in and be assigned and transferred to the Survivors or Survivor of the said Children and be equally divided between and among them (if more than one) share and share alike, as and when his, her or their original share or shares shall become vested and be payable or transferable by virtue of this my Will, And every such accruing or devolving share or shares shall from time to time be subject and liable to such and the like right condition and contingency of accruer or survivorship unto and in favour of the Survivors or Survivor of the said Children for the time being (in case of the death of any others or other of them) as is hereinbefore mentioned and contained with respect to and concerning the original share or shares of the same Child or Children respectively, Provided also and my Will further is that from the time of the death of my said Niece Rebecca Ibbetson to the time that each Child or her body, who being a Son shall attain the age of twenty one years, or being a daughter shall attain that age or be married or shall die before such age or marriage respectively, The Interest, Dividends and Annual proceeds of the presumptive or expectant share of each such Child for the time being of and in the said last mentioned Capital Sum of Four Thousand Pounds New South Sea Annuities (or so much of such Interest, Dividends and Annual proceeds as my said Trustees or Trustee for the time being shall think necessary) shall be applied and disposed of for and towards the maintenance and Education of each such respective Child and in such part of the same Interest, Dividends and Annual Proceeds as shall not be so applied shall from time to time accumulate for his or her benefit,
And in case my said Niece Rebecca Ibbetson shall die without leaving any Child or Children of her body living at her death, Then and in such case, but not otherwise, Upon Trust that they the said George Thomas, Jacob Costobadie and Thomas Atkinson or the Survivors or Survivor of them, or the Executors, Administrators or Assigns of such Survivor, shall and do after the death of my said Niece Rebecca Ibbetson assign, transfer and pay the Sum of One Thousand Pounds New South Sea Annuities (part of the said last mentioned Capital Sum of Four Thousand Pounds New South Sea Annuities) unto such person or persons Upon such trusts for such intents and purposes and in such manner as my said Niece Rebecca Ibbetson by her last Will and Testament in writing - or any writing purporting to be or in the nature of her last Will and Testament to be Signed and Published by her in the presence of and to be attested by two or more credible witnesses shall (notwithstanding her Coverture and whether she shall be covert or sole) order, direct or appoint. But in case my said Niece Rebecca Ibbetson shall die without making any Order, Direction or Appointment of or concerning the said last mentioned sum of One Thousand Pounds New South Sea Annuities, or if she shall make any such order, direction or appointment which shall not amount unto and be a complete appointment of the whole of the same sum of One Thousand Pounds New South Sea Annuities, and of the whole and absolute Interest therein, Then my Will is and I do hereby direct and declare that the said last mentioned sum of One Thousand Pounds New South Sea Annuities or as much and such parts thereof as shall remain unappointed and undisposed of my said Niece Rebecca Ibbetson as aforesaid, shall sink into and become part of the residue of my Personal Estate hereinafter given and bequeathed unto the said George Thomas his Executors, Administrators and Assigns.
And my Will further is, And I do hereby also direct and declare that if my said Niece Rebecca Ibbetson shall leave one or more Child or Children of her body living at her death and such Child or all such Children shall afterwards die before any of them being a Son or Sons shall attain the age of twenty one years, or being a daughter or daughters shall attain the age of twenty one years or be married, Then and in such case and from and after the death of my said Niece Rebecca Ibbetson before the respective times last aforesaid, the said last mentioned Sum of One Thousand Pounds New South Sea Annuities shall sink into and become part of the said residue of my Personal Estate hereinafter given and bequeathed to the said George Thomas his Executors, Administrators and Assigns,
And my Will likewise is and I do hereby direct and declare that if my said Niece Rebecca Ibbetson shall die without leaving any Child or Children of her Body living at her death or leaving such Child or Children if all of them should afterwards die before any of them being a Son or Sons shall attain the age of twenty one years, or being a daughter or daughters shall attain the age of twenty one years or be married as aforesaid, Then and in such case and from and immediately after either or any of the said last mentioned events shall happen the Sum of Three Thousand Pounds New South Sea Annuities (residue of the said last mentioned Capital Sum of Four Thousand Pounds New South Sea Annuities) shall sink into and become part of the said residue of my Personal Estate hereinafter given and bequeathed unto the said George Thomas, His Executors, Administrators and Assigns.
And I give and bequeath unto my Great Niece Ursula Easterfield the Sum of Five Hundred Pounds New South Sea Annuities.
To my Godson Hugh Cook, Son of the late justly celebrated Navigator Captain James Cook the like Sum of Five Hundred Pounds New South Sea Annuities.
To Mrs Mary Walters, Widow of the late Captain George Robinson Walters, the like Sum of Five Hundred Pounds New South Sea Annuities.
And to my Great Nephew Hugh Palliser Walters Esquire, the like Sum of Five Hundred Pounds of New South Sea Annuities.
And I also give and bequeath to my Servant Sarah Elsey, if she shall be living in my Service at the time of my death, the Sum of Three Hundred Pounds Sterling, and also all the Linen and Wearing Apparel I shall die possessed of and likewise decent Furniture for two Rooms to be delivered to her at the discretion of my Executors hereinafter named.
To Hugh Weston (Son of Thomas Weston, late of Clonmell, but now of the City of Dublin in the Kingdom of Ireland, Esquire) the Sum of Two Hundred Pounds Sterling.
To my Niece Mrs Mary Hind Two Hundred Pounds Sterling.
To George Hartwell of the Navy Office Esquire Two Hundred Pounds Sterling.
And to the said Jacob Costobadie and Thomas Atkinson (two of my Executors hereinafter named) the Sum of Three Hundred Pounds Sterling each.
And I give and bequeath unto
- the Reverend Doctor John Palliser of Rathfarnham near Dublin in Ireland
- Sir Henry Gott of New Lands in the County of Bucks
- Philip Stephens Esquire of the Admiralty
- my kinsman Captain Robert Palliser Cooper of the Navy
- my kinsman Lieutenant Henry Costobadie of York
- Captain John Bazeley
- Captain Kinnier
- Captain Jacob Walter
- Captain Walter Griffith
And Captain James Dickinson of the Navy
And to George Jackson of Old Palace Yard Esquire
Each a Mourning Ring of the value of Twenty Pounds
And I give and bequeath to each of the Servants that shall be living with me at the time of my death the Sum of Ten Pounds for Mourning, over and above the Wages that may be then due to them respectively.
And I give and bequeath my Diamond Ring to Lady Gott, Wife of the said Sir Henry Gott of New Lands.
And whereas the Inhabitants of the Parish of Chalfont St Giles in the County of Bucks aforesaid did sometime since open and set on foot a Sunday School for the instruction of Forty poor Children in the said parish, And I being desirous of Promoting and Contributing towards the establishment of the said School, and being also desirous of founding a Day School in order that the Inhabitants and parishioners of the said Parish might have the means of giving their children such education as they thought proper, did by an Indenture of Bargain and Sale bearing date the twenty seventh day of July One Thousand Seven hundred and Eighty nine and duly Inrolled in his Majesty’s High Court of Chancery, Grant, Bargain and Sell unto my late Nephew George Robinson Walters Esquire deceased and to John Clough late of the City of York Esquire, also deceased, and to their Heirs and Assigns for ever, All those ten poles of Ground on part of which a Cottage or Tenement hath lately been erected, situate, lying and being within the Manor of Chalfont St Giles with the Vach, near the Road leaving from Chalfont St Giles to Baconsfield, together with the said Cottage or Tenement thereon erected and late in the occupation of Mary Wotton and John Prim, adjoining to the Land of Mr Ball on the South West parts, and to the Land of Mr Jobson on the North West parts, To hold the same unto the said George Robinson Walters and John Clough their Heirs and Assigns for ever (Subject to the payment of the Annual rent or sum of Five shillings to the Lord of the said last mentioned Manor), for ever, Upon Trust to permit the said Cottages or Tenements which the said Mary Wotton and John Prim then occupied to be for ever thereafter used as a Day School for the benefit of the inhabitants of the said Parish of Chalfont St Giles and to permit the Master of the said Day School for the time being to live and reside with his family rent free in a part of the same House so occupied by the said Mary Wotton and John Prim as aforesaid, And Upon Trust to permit the residue of the said Messuage, Cottage, Lands and premises to be used for extending the convenience of the said Sunday School or to be let, set and demised, and the rents, issues and profits thereof to be received and taken by the Lord of the said Manor of Chalfont St Giles with the Vatch aforesaid for the time being and the Rector, Churchwardens and Overseers of the said Parish of Chalfont St Giles for the time being for ever, To the intent that the said rents, issues and profits might be applied by the said Lord of the said Manor and the said Rector, Churchwardens and Overseers for the time being for and towards promoting and establishing the said Day School, And also the said Sunday School so opened and set on foot by the said Inhabitants as aforesaid in such manner as I should from time to time by any writing under my hand, or by my last Will and Testament in writing order, direct or appoint, and for want of such order, direction or appointment and in the mean time and until and such should be made, Then the said rents, issues and profits to be applied to the purposes aforesaid in such manner as the Lord of the said Manor and the said Rector, Churchwardens and Overseers or their Successors for the time being should think proper and direct,
And whereas I am desirous of making a further and better provision for the support and establishment of the said Schools respectively and of giving some directions respecting the conduct and management thereof after my decease, Now for affecting the purposes last aforesaid I do hereby give and bequeath unto the said George Thomas, Jacob Costobadie and Thomas Atkinson their Executors, Administrators and Assigns the Capital Sum of One Thousand Pounds New South Sea Annuities, Upon the Trusts and for the purposes hereinafter expressed and declared (that is to say) Upon Trust that they the said George Thomas, Jacob Costobadie and Thomas Atkinson and the Survivors and Survivor of them, and the Executors, Administrators and Assigns of such Survivor shall and do from time to time and at all times after my death pay the dividends and interest of the said last mentioned Capital Sum of One Thousand Pounds New South Sea Annuities as the same shall from time to time become due unto the Lord of the Manor of Chalfont St Giles with the Vatch aforesaid for the time being, and to the Rector, Churchwardens and Overseers of the Parish of Chalfont St Giles aforesaid for the time being, To be by them the said Lord of the said Manor and the said Rector, Churchwardens and Overseers for the time being as Trustees for ever hereinafter applied and disposed of for the purposes and in the manner hereinafter mentioned.
And my Will is and I do hereby direct and declare that the said Lord of the said Manor and the said Rector, Churchwardens and Overseers for the time being shall in the first place by, with and out of the said Interest and Dividends so to be paid to them as aforesaid, and by, with and out of the rents, issues and profits of the Hereditaments and premises comprised in the said Indenture of Bargain and Sale, pay unto the School Master of the said Day School for the time being an Annual Stipend or Salary of ten Pounds for constantly keeping a Day School for teaching the Children of the Parishioners of the said Parish of Chalfont St. Giles who may think proper to send their Children to be taught and instructed at the said Day School, And for which said Stipend or Salary the Master shall from time to time take and admit into the said Day School and shall teach and instruct such ten of the said Sunday Scholars alternately to read for two days together as the said Trustees or such Majority of them as hereinafter mentioned shall direct and appoint and or it shall happen that any of the Sunday Scholars shall be grown up so as to become useful to their parents at home in the week days and cannot be spared to attend the Day School in that case my Will us that the person who nominated each such last mentioned Sunday Scholar shall have the privilege of nominating another poor Child of the Parish whose parents are not able to give them any Education to attend the day School in the turn of such Sunday Scholar my intention being that the Sunday Scholars shall in preference have the benefit of this Charity,
And Upon this further Trust that they the said Lord of the said Manor and the said Rector, Churchwardens and Overseers for the time being shall and do from time to time in the next place by, with and out of the said Dividends and Interest, rents, issues and profits keep the said House and premises in good and habitable repair And afterwards shall and do lay out all the residue and surplus of the said Dividends and Interest and the said Rents, Issues and Profits respectively as the same shall from time to time grow due and be received by them in purchasing such Cloaths and Wearing Apparel as they the said Trustees shall think the most suitable and proper for the said Sunday Scholars upon the lowest and cheapest terms the same can be procured, and shall from time to time sell and dispose of the said Cloaths and Wearing Apparel so to be purchased as aforesaid unto the parents of the said Sunday Scholars for their use and benefit at one half less than the price cost of such Cloaths and Wearing Apparel respectively, In order that the Parents of the said Sunday Scholars may thereby have an opportunity of cloathing their children upon Cheaper and easier terms than they would otherwise be able to do, And my Will further is, And I do hereby direct and declare that in selling the said cloaths and Wearing Apparel the said Trustees shall give the preference to the parents of those Sunday Scholars whose Children they shall think the most orderly and best deserving of Assistance and encouragement, and for the better management of the said Charity I do hereby direct and declare that the said Trustees shall call or hold a Meeting at the School House or some other convenient place within the said Parish of Chalfont St Giles once every quarter of a year at which Meeting or Meetings the said Trustees or the Majority of them (of which Majority the Lord of the said manor or the Rector of the said parish for the time being or the person or persons to be appointed by them or him as their or his proxies or proxy whom they are hereby respectively empowered to appoint in their absence by Note or Writing from their or his hands or hand shall always make one and the proxy of the said Rector always being the Curate of the said Parish and which said Lord of the said Manor in cases of equality shall always have the casting vote) shall settle all accounts relating to the said Charity and pay all debts and demands incurred in respect thereof for the quarter then next immediately preceeding, and at such Meeting or Meetings the said Trustees or such Majority of them as aforesaid shall from time to time elect and appoint the Master of the said School or to be employed in teaching the said Schools or remove and discharge the Master theretofore elected and appointed when and so often as it shall become necessary, and the said trustees or such Majority of them as aforesaid shall see cause or think proper, and at the said Meeting or Meetings the said Trustees or such Majority of them as hereinbefore mentioned shall from time to time make such Rules and Orders for the Regulation and Government of the said Charity and of the said Master or Masters and Children respectively as they the said Trustees or such majority of them as aforesaid shall think proper and expedient, so as such Rules and Orders are not in any wise repugnant to any of the directions hereinbefore given and so as that the same Rules and Orders shall always be subject and liable to (be) rescinded or altered and carried by the Trustees or Trustee for the time being, or such Majority of them as aforesaid at any future Meeting or Meetings to be holden for the purpose of promoting and carrying on this present Charity, My Intention being that the election, appointment and amotion of the said Master or Masters and every other matter and thing in any wise relating to this present Charity shall always be and remain under the direction, control and management of the said Trustees or such Majority of them as aforesaid except in the several particulars hereinbefore mentioned and prescribed.
And I give and bequeath unto the said George Thomas, Jacob Costobadie and Thomas Atkinson their Executors, Administrators and Assigns the further Capital Sum of One Thousand Pounds New South Sea Annuities, Upon the Trusts and for the purposes hereinafter expressed and declared of and concerning the same (that is to say) Upon Trust that they the said George Thomas, Jacob Costobadie and Thomas Atkinson and the Survivors or Survivor of them and the Executors, Administrators and Assigns of such Survivor shall and do from time to time, and at all times after my death, pay the Interest and Dividends of the said last mentioned Capital Sum of One Thousand Pounds New South Sea Annuities as they shall from time to time become due and be received unto the said Lord of the Manor of North Deighton in the County of York for the time being, the Rector of the Parish of Kirk Deighton in the said County for the time being and the Church Wardens and Overseers of the same Parish for the time being, to be applied by the said Lord of the Manor of North Deighton and the said last mentioned Rector, Churchwardens and Overseers for the time being as Trustees in founding, establishing and supporting a Sunday School within the Parish of Kirk Deighton aforesaid for the Instruction of Forty poor Children within the said Parish whose parents cannot afford to give them any Education.
And my Will is and I do hereby direct and declare that twenty of the said last mentioned Children shall from time to time be appointed and chosen out of the Township of North Deighton and the remaining twenty out of the Township of Kirk Deighton, but that no Child shall be admitted into the said School until he or she shall be of the age of five years or upwards, And further that twenty of the said Children shall from time to time be nominated and appointed by the Lord of the Manor of North Deighton for the time being or the person to be appointed by him for that purpose , and that the remaining twenty shall from time to time be nominated and appointed by the Rector of the said Parish or in his absence by the Curate for the time being, and that all Vacancies which shall happen in the said School shall from time to time be supplied and filled up by the said Lord of the said Manor and the said Rector of Curate in the manner and proportion aforesaid.
And I do further Will and direct that the Sum of Two shillings for every Sunday, being the Sum of Five Pounds four shillings per Annum, shall be paid by the said last named Trustees to a Master to be appointed by them or the Majority of them as hereinafter is mentioned by way of stipend or Salary for his trouble in teaching and instructing the said Forty poor Children on Sundays. And I do hereby direct and declare that the Master so to be appointed as aforesaid shall observe such rules and orders as shall from time to time be made by the said last named Trustees, or such Majority of them as aforesaid for the Governing and Regulation of the said Charity and shall be particularly careful to teach the said Children the Lords Prayer, the Creed, and the Catechism and to conduct them regularly to Church every Sunday Morning and Evening,. The intention of this Charity being that the said poor Children may be taught what is suitable to the design of the Sabbath and to preserve them from total ignorance, idleness, immorality and irreligion that they may be instructed in the Principles of the Christian Religion and in such plain religious Truths as they can understand, and as will tend to direct and fix their faith, improve their minds and regulate their manners, make them fit for Service, and become useful members of Society, instead of being abandoned to Idleness and Wickedness and in as much as it will be necessary in Order to render the said Children capable of improving by such instructions that they should be taught to read, Therefore I desire that the said last named Trustees will send ten of the said Sunday Scholars alternately to the Master of the said Sunday School or to some Day School as they may see proper for two days together, and that they do pay to the Master of the said Sunday School or the Master of such Day School out of the Dividends which shall come to and be received by them as aforesaid the Sum of Three Pounds a week for teaching each of the said Children, which Sum will amount to Two shillings and six per week or Six Pounds ten shillings per Annum for the whole of the said ten Children, and if it shall happen that any of the Sunday Scholars shall be grown up so as to become useful to their parents at home in the Work Days and cannot be spared to attend the Day School in that case my Will is that the person who nominated each such last mentioned Sunday Scholars shall have the privilege of nominating another poor Child of the Parish whose parents are not able to give them any Education to attend the Day School in the turn of such Sunday Scholars, my intention being that the Sunday Scholars shall in preference have the benefit of this Charity and upon this further trust that they the said last named Trustees for the time being shall and do from time to time lay out the residue of the Interest and Dividends of the said last mentioned Capital Sum of One Thousand Pounds New South Sea Annuities as the same shall grow due and be received in the first place in making a decent allowance to the Master or such other person as they may appoint for keeping the account of the receipts and disbursements relating to this Charity and afterwards in purchasing such Cloaths and Wearing Apparel as the same Trustees shall think most suitable and convenient for the said last named Sunday Scholars upon the lowest and cheapest Terms the same can be procured, And shall and do from time to time sell and dispose of the said Cloaths and Wearing Apparel so to be purchased by them as aforesaid unto the Parents of the said last mentioned Sunday Scholars for the use and benefit of the same Scholars but no other purpose at one half less than the prime cost of such Cloaths and Wearing Apparel respectively. In order that the parents of the said last mentioned Children may thereby have an opportunity of Cloathing their Children upon cheaper and easier terms than they would otherwise be able to do, And my Will further is and I hereby direct and declare that in selling the same Cloaths and Wearing Apparel the same Trustees shall give the preference to the parents of those Sunday Scholars whom they the said Trustees shall think the most orderly and the best deserving of Assistance and Encouragement, And for the better management of the said Charity I do hereby direct and declare that the said last named Trustees, or the Major part of them shall call or hold a Meeting at the School house or some other convenient place within the said Parish of Kirk Deighton once in every quarter of a year, at which Meeting the said Trustees or the majority of them present (of which Majority the Lord of the Manor of North Deighton or the Rector of the Parish of Kirk Deighton aforesaid, or the person or persons to be appointed as their or his, proxies or proxy, whom they are hereby respectively authorized and empowered to appoint from time to time by Note or Writing under their or his Hands or Hand the Curate of the said last mentioned Parish being always the proxy of the said Rector, and which said Rector or his Proxy in cases of equality shall always have a casting Vote) shall settle all accounts relating to the said Charity and pay all debts and demands incurred in respect thereof for the quarter of a year then next immediately preceding, and shall also then and there elect and chuse the master to be employed in teaching the said Sunday Scholars, or remove and discharge such Master from time to time as they shall see, cause and think proper. And at the said Meeting or Meetings the said Lord of the Manor and Rector of their or his proxies or proxy to be appointed as aforesaid shall from time to time nominate the Children whom they or he may think proper objects to partake of this Charity and fill up such Vacancies as may from time to time happen in the said Sunday School by any Child or Children being removed or discharged therefrom, And the said Trustees or such Majority of them as aforesaid shall then and there make such Rules and Orders for he regulation and Government of the said Charity and of the Master and Children so to be elected and appointed as aforesaid as they the said Trustees or such Majority of them as aforesaid shall from time to time think proper. So as such Rules and Orders are not in any case repugnant to the directions hereinbefore given and so as that the same Rules and Orders shall always be subject and liable to be rescinded or altered and varied by the Trustees for the time being, or such Majority of them as aforesaid at any future Meeting or Meetings to be holden for the purpose of carrying out and promoting this Charity, My intention being that the election, appointment and amotion of the said Master or Masters and every other matter and thing whatsoever relating to this present Charity shall always be and remain under the direction, controul and management of the said last mentioned Trustees or such Majority of them as aforesaid, Save and except as to the nomination and appointment of the Children to partake of the said Charity, And also except the several other particulars hereinbefore mentioned and specified.
And I give and bequeath unto the Lord of the said Manor of North Deighton and the Rector, Churchwardens and Overseers of the Parish of Kirk Deighton aforesaid for the time being the Sum of Ten Pounds to be paid within three months next after my death to be by them laid out and applied in purchasing Books and other necessary Articles and things for the use and benefit of the said Sunday Scholars upon the first establishment of the said last mentioned Charity.
And I give and devise unto the said George Thomas his Heirs and Assigns All that Tract of Land in the Island of Saint John in the Gulph of Saint Lawrence and situate in Kings County being the Township No.63 and containing by estimation twenty thousand Acres more or less which I hold by virtue of a Grant thereof made to me my Heirs and Assigns under the Seal of the Province of Nova Scotia and bearing date on or about the third day of September in the year of our Lord One thousand seven hundred and sixty eight, with all and every the rights liberties privileges and Appurts. thereto belonging or in any wise appertaining, To hold the same unto and to the use of the said George Thomas his Heirs and Assigns for ever.
And I give and devise unto the before named Philip Stephens Esquire of the Admiralty and to the before named George Hartwell Esquire of the Navy Office and to their Heirs and Assigns
| - | All that my Capital Messuage or Mansion house called the Vache with the several lands Tenements and Hereditaments thereto belonging, |
| - | And also all that Messuage or Tenement and Farm called Goreland which I purchased of John Gregory with the several Lands and Hereditaments thereto belonging, |
| - | And also all those several Messuages Mills Farms, Lands, Tenements and Hereditaments which I purchased of his Grace the Duke of Portland and his Trustees |
| - | And also all that piece or parcel of woodland called Rosehill which I have lately purchased or contracted and agreed to purchase of and from the Reverend Morgan Jones and his Trustee |
| - | And all and every other my Manors, Messuages, Farms, lands, tenements and Hereditaments whatsoever situate lying and being in the several Parishes of Chalfont Saint Giles, Chalfont Saint Peter and Amersham, or any or either of them or elsewhere in the County of Buckingham with their and every of their rights members and appurtenances. |
| - | And all that my Messuage, Tenements or Dwellinghouse situate and being in Pall Mall in the County of Middlesex with all the rights, members and Appurtenances thereunto belonging, or in any wise appertaining, |
and from and after the decease of the said George Thomas, To the use of the first Son of the body of the said George Thomas lawfully to be begotten and the Heirs Male of the body of such first Son lawfully issuing, and for default of such issue, To the use of the second, third, fourth, fifth, sixth, seventh and all and every other the Son and Sons of the body pf the said George Thomas lawfully to be begotten severally successively and in remainder one after another in order and course as they shall respectively be in seniority of age and priority of birth and of the several and respective Heirs, male of the body and bodies of all and every such Son and the Heirs Male of his body issuing being always to be preferred and to take before the younger of such Son and Sons and the Heirs Male of his and their body and bodies issuing,
and for default of such issue, To the use of all and every the daughter and daughters of the body of the said George Thomas lawfully to be begotten, to be equally divided between or among them (if more than one) share and share alike as tenants in common and not as joint tenants, and of the several and respective Heirs of the body and bodies of all and every such daughter and daughters lawfully issuing, and in Case any one or more of such daughters shall happen to die without issue of her or their Body or bodies, Then as to the share or shares of her or them so dying without Issue, To the use of the others or other of the said daughters to be equally divided between or among them if more than one share and share alike, to take as tenants in Common and not as joint tenants and of the several and respective Heirs of the body and bodies of such other daughter and daughters issuing and if all such daughters but one shall happen to die without issue or if there shall be but one such daughter, Then to the use of such only surviving or such only daughter and the Heirs of her Body,
and for default of such issue, Then to the use of the said Jacob Costobadie Junior and his Assigns for and during the Term of his natural life, without impeachment of or for any manner of waste, and from and after the determination of that Estate by forfeiture or otherwise in the life time of the said Jacob Costobadie, To the use of the said Philip Stephens and George Hartwell and their Heirs during the life of the said Jacob Costobadie, Upon Trust to support and preserve the contingent uses and Estates hereinafter limited from being defeated or destroyed and for that purpose to make entries and bring actions as occasion shall require. But nevertheless to permit and suffer the said Jacob Costobadie and his Assigns during his life to receive and take the rents, issues and profits of the said Hereditaments and premises and of every part thereof respectively to and for his and their own use and benefit, and from and after the decease of the said Jacob Costobadie, To the use of the first Son of the body of the said Jacob Costobadie lawfully to be begotten and the Heirs Male of the body of such first Son lawfully issuing and for default of such issue, To the use of the second, third, fourth, fifth, sixth and all and every other the Son and Sons of the body of the said Jacob Costobadie lawfully to be begotten severally, successively and in remainder one after another in order and course as they shall respectively be in seniority of age and priority of birth and of the several and respective Heirs Male of the body and bodies of all and every such Son and Sons lawfully issuing , the older of such Sons and the Heirs Male of his and their body and bodies issuing being always to be referred and to take before the younger of such Son and Sons and the Heirs Male of his and their body and bodies issuing,
and for default of such issue, Then to the use of all and every the daughter and daughters of the body of the said Jacob Costobadie lawfully to be begotten, to be equally divided between and among them (if more than one) share and share alike, to take as tenants in common and not as joint tenants and of the several and respective Heirs of the body and bodies of all and every such daughter and daughters lawfully issuing, and in case any one or more of such daughters shall happen to die without issue of her or their body or bodies, Then as to the share or shares of her or them so dying without issue, To the use of the others or other of the said daughters to be equally divided between and among them if more than one, share and share alike, to take as tenants in common and not as joint tenants and of the several and respective Heirs of the body and bodies of such other daughter and daughters issuing , and if all such daughters but one shall happen to die without issue or there shall be but one such daughter then to the use of such one only surviving or such only daughter and the Heirs of her body,
and in default of such issue, Then to the use of my own right Heirs for ever, provided always and my Will is and I do hereby direct and declare that the said George Thomas and the Heirs Male of his body and also the said Jacob Costobadie and the Heirs Male of his body respectively who by virtue of the devises or limitations aforesaid shall become intitled to my said Manors, Capital Messuages, lands, Tenements, Hereditaments and Premises in the Counties of Buckingham and Middlesex aforesaid shall and do forthwith and immediately after he or they respectively shall come into the possession or be entitled to the rent and profits of the same Manors and Premises apply for and endeavour to obtain his Majesty’s Sign Manual or an Act of Parliament to authorize him and them to assume and take the Surname and bear the Arms of Palliser and shall and do accordingly assume, take and continue the Surname and bear the Arms of the Family of Palliser only and set, subscribe and write the Surname of Palliser to all deeds, letters, Instruments and Writings whatsoever.
And my Will further is that if the said George Thomas of the Heirs Male of his body or the said Jacob Costobadie or the Heirs Male of his body to whom my said Manors, Hereditaments and Estates in the Counties of Buckingham and Middlesex shall devolve or come by virtue of the limitations aforesaid shall neglect or refuse for the space of Six Calendar months next after he or they shall respectively come into the possession or be intitled to the rents and profits of the same Manors, Hereditaments and Estates as aforesaid, to take use, continue and bear the Surname and Arms of Palliser only in the manner hereinbefore directed, Then and in such Case the use and uses Estate and Estates by this my Will limited unto or for the benefit of the person or persons so neglecting or refusing to take use continue and bear such Surname and Arms as aforesaid shall cease, determine and be absolutely void, and the person or persons who by virtue of the limitations hereinbefore contained is, are or ought to take in remainder next and immediately after the person or persons so neglecting or refusing to comply with the said Condition shall enter into and upon and shall have, hold, and enjoy all and singular my said Manors, Capital Messuage, Messuages, Lands, Tenements and Hereditaments in the Counties of Buckingham and Middlesex aforesaid and receive and take the rents issues and profits thereof and of every part thereof respectively for such Estate and Estates respectively in as full, ample and beneficial manner to all intents and purposes as if the person or persons respectively so neglecting or refusing to take, use, continue and bear the Surname and Arms of the Family of Palliser as aforesaid being tenant for life was or were actually dead or being tenant in tail was or were actually dead without issue
And I give and devise unto the before named Dr. John Palliser of Rathfarnham near Dublin in the Kingdom of Ireland and the before named Thomas Weston, late of Clonmell, but now of Dublin in the said Kingdom of Ireland Esquire, and to their Heirs and Assigns, All that and those the Town and Lands of Porto Bello otherwise called Balleykerogobegg and the Lands and Hereditaments contiguous thereto known by the name of Priestland situate and being in the County of Wexford in the said Kingdom of Ireland and now or late held by Patrick Caulfield with all and singular the Appurtenances thereto belonging, To hold the same unto the said Dr. John Palliser and Thomas Weston their Heirs and Assigns for ever, To the several uses and under and subject to the powers provisos and limitations hereinafter mentioned, expressed and declared of and concerning the same (that is to say)
To the use of the said Mary Walters (Widow of the said Captain George Robinson Walters, deceased) and her Assigns for and during the term of her natural life without impeachment of or for any manner of waste and from and after the determination of that Estate by forfeiture or otherwise in the life time of the said Mary Walters, To the use of the said Dr. John Palliser and Thomas Weston and their Heirs during the life of the said Mary Walters In Trust to support the contingent uses and estates hereinafter limited from being defeated or destroyed and for that purpose to make entries and bring actions as occasion shall require, But nevertheless to permit and suffer the said Mary Walters and her Assigns during her life to receive and take the rents issues and profits to the said last mentioned Hereditaments and premises and every part thereof respectively to and for her and their own use and benefit,
and from and after the decease of the said Mary Walters, To the use of the before named Hugh Weston (son of the said Thomas Weston) and his Assigns for and during the Term of his natural life without impeachment of or for any manner of Waste and from and after the determination of that Estate by forfeiture or otherwise in the life time of the said Hugh Weston, To the use of the said Dr John Palliser and Thomas Weston and their Heirs during the natural life of the said Hugh Weston, In Trust to support and preserve the contingent uses and Estates hereinafter limited from being defeated or destroyed and for that purpose to make entries and bring actions as the case shall require, But nevertheless to permit and suffer the said Hugh Weston and his Assigns during his life to receive and take the rents issues and profits of the said last mentioned Hereditaments and premises and of every part thereof respectively to and for his and their own use and benefit,
And from and after the decease of the said Hugh Weston, To the use of the First Son of the body of the said Hugh Weston lawfully to be begotten and the Heirs Male of the body of such first Son lawfully issuing and for default of such issue, To the use of the second, third, fourth, fifth, sixth and all and every other the Son and Sons of the body of the said Hugh Weston lawfully to be begotten severally successively and in remainder one after another in order of and course as they shall respectively be in seniority of age and priority of birth and of the several and respective Heirs Male of the body and bodies of all and every such Son and Sons lawfully issuing the elder of such Sons and Heirs Male of his body issuing being always to be preferred and to take before the Younger of such Son and Sons and the Heirs Male of his and their body and bodies issuing
and for default of such issue then to the use of Jane Palliser Spinster (one of the daughters of the said Dr John Palliser) and her Assigns for and during the term of her natural life without impeachment of or for any manner of waste and from and after the determination of that Estate by forfeiture or otherwise in the life time of the said Jane Palliser, To the use of the said Dr John Palliser and Thomas Weston and their Heirs during the natural life of the said Jane Palliser, In Trust to support and preserve the contingent uses and Estates hereinafter limited from being defeated or destroyed and for that purpose to make entries and bring actions as the case shall require, But nevertheless to permit and suffer the said Jane Palliser and her Assigns during his life to receive and take the rents issues and profits of the said last mentioned Hereditaments and premises and of every part thereof respectively to and for her and their own use and benefit,
And from and after the decease of the said Jane Palliser, To the use of the first Son of the body of the said Jane Palliser lawfully to be begotten and the Heirs Male of the body of such first Son lawfully issuing and for default of such issue, To the use of the second, third, fourth, fifth, sixth, seventh and all and every other the Son and Sons of the body of the said Jane Palliser lawfully to be begotten severally successively and in remainder one after another in order of and course as they shall respectively be in seniority of age and priority of birth and of the several and respective Heirs Male of the body and bodies of all and every such Son and Sons lawfully issuing the elder of such Sons and Heirs Male of his body issuing being always to be preferred and to take before the Younger of such Son and Sons and the Heirs Male of his and their body and bodies issuing
and for default of such issue To the use of Charlotte Palliser Spinster (another of the daughters of the said Dr John Palliser and Sister of the said Jane Palliser) and her Assigns for and during the term of her natural life without impeachment of or for any manner of waste and from and after the determination of that Estate by forfeiture or otherwise in the life time of the said Charlotte Palliser, To the use of the said Dr John Palliser and Thomas Weston and their Heirs during the life of the said Charlotte Palliser, In Trust to support and preserve the contingent uses and Estates hereinafter limited from being defeated or destroyed and for that purpose to make entries and bring actions as the case shall require, But nevertheless to permit and suffer the said Charlotte Palliser and her Assigns during his life to receive and take the rents issues and profits of the said last mentioned Hereditaments and premises and of every part thereof respectively to and for her and their own use and benefit,
And from and after the decease of the said Charlotte Palliser, To the use of the first Son of the body of the said Jane Palliser lawfully to be begotten and the Heirs Male of the body of such first Son lawfully issuing and for default of such issue, To the use of the second, third, fourth, fifth, sixth, seventh and all and every other the Son and Sons of the body of the said Charlotte Palliser lawfully to be begotten severally successively and in remainder one after another in order of and course as they shall respectively be in seniority of age and priority of birth and of the several and respective Heirs Male of the body and bodies of all and every such Son and Sons lawfully issuing the elder of such Sons and Heirs Male of his body issuing being always to be preferred and to take before the Younger of such Son and Sons and the Heirs Male of his and their body and bodies issuing
And for default of such issue then to the use of my own right Heirs
And I give and devise unto the said Philip Stephens and George Hartwell their Heirs and Assigns, All that the manor of Castletown and Lands of Castle Town otherwise Mulgerdock, Castle Palliser, The Town and Lands commonly called Nethertons, Shibmore, St. Vages, The Buch, Nine Acres, Brunage (?), Summertown, Three Acres, Pullin Town, Barna Wheel, Cooles, Hiltown, Moorton, Choever, Ballyhote, Bingsheran and part of Kildavan, All situate and being in the Barony of Forth and County of Wexford in the said Kingdom of Ireland, with all and singular the rights, royalties, privileges, members and Appurtenances whatsoever to the same Manor, Towns, Lands and Hereditaments belonging or in any wise appertaining, And also all other the Manors or Lordships or reputed manors or Lordships Messuages Lands Tenements and Hereditaments whatsoever situate lying and being in the Kingdom of Ireland whereof, wherein or whereto I or any person or persons, In Trust for me now have or hath any Estate of Freehold or Inheritance in possession reversion remainder or expectancy and over which I have any disposing power with their and every of their Appurtenances (save and except the Town and Lands of Porto Bello otherwise called Balliferogebeg and the said Lands and Heredits. called Priestland with the Appurtenances hereinbefore given and devised, To hold the same unto the said Philip Stephens and George Hartwell, their Heirs and Assigns for ever, To the several uses and subject to the powers, provisos and limitations hereinafter mentioned, expressed and declared of and concerning the same (that is to say) To the use of my Great Nephew the before named Hugh Palliser Walters Esquire and his Assigns for and during the term of his natural life without impeachment of or for any manner of waste,
and from and after the determination of that Estate by forfeiture or otherwise in the life time of the said Hugh Palliser Walters, To the use of the said Philip Stephens and George Hartwell and their Heirs during the life of the said Hugh Palliser Walters, In Trust to support the contingent uses and Estates hereinafter limited from being defeated or destroyed and for that purpose to make entries and bring actions as the case shall require, But nevertheless to permit and suffer the said Hugh Palliser Walters and his Assigns during his life to receive and take the rents issues and profits of the said last mentioned Manors, Heredits. and premises and of every part thereof respectively to and for her and their own use and benefit,
And from and after the death of the said Hugh Palliser Walters, To the use of the said Dr John Palliser and Thomas Weston their Executors, Administrators and Assigns for the term of ninety nine years to be computed from the day of the decease of the said Hugh Palliser Walters and from thence next ensuing and fully to be compleat and ended without impeachment of or for any manner of waste, But nevertheless upon the Trusts for the intents and purposes and under and subject to the proviso and declaration hereinafter expressed and declared of and concerning the said Term, And from and immediately after the end, expiration or other sooner determination of the said term of ninety nine years and in the mean time, Subject thereto and to the Trusts thereof, To the use of the first Son of the body of the said Hugh Palliser Walters on the body of Mary Walters his present Wife begotten or to be begotten and the Heirs male of the body of such first Son lawfully issuing,
and for default of such Issue, To the use of the second, third, fourth, fifth, sixth and all and every other the Son and Sons of the body of the said Hugh Palliser Walters on the body of the said Mary Walters his present Wife to be begotten severally, successively and in remainder one after another, In order and course as they shall respectively be in seniority of age and priority of birth and of the several and respective Heirs Male of the body and bodies of all and every such Son and Sons lawfully issuing the elder of such Sons and the Heirs Male of his body issuing being always to be preferred and to take before the younger of such Son and Sons and the Heirs Male of his and their body and bodies issuing,
And for default of such issue Then to the use of the said George Thomas and his Assigns for and during the term of his natural life without impeachment of or for any manner of waste, and from and after the determination of that Estate by forfeiture or otherwise in the life time of the said George Thomas, To the use of the said Philip Stephens and George Hartwell and their Heirs during the life of the said George Thomas, In Trust to support and preserve the contingent uses and Estates hereinafter limited from being defeated or destroyed and for that purpose to make entries and bring actions as the case shall require, But nevertheless to permit and suffer the said George Thomas and his Assigns during his life to receive and take the rents issues and profits of the said last mentioned Manors and premises and of every part thereof respectively to and for his and their own use and benefit,
And from and after the decease of the said George Thomas, To the use of the first Son of the body of the said George Thomas lawfully to be begotten and the Heirs Male of the body of such first Son lawfully issuing, and for default of such issue, To the use of the second, third, fourth, fifth, and all and every other the Son and Sons of the body of the said George Thomas lawfully to be begotten severally successively and in remainder one after another in order of and course as they shall respectively be in seniority of age and priority of birth and of the several and respective Heirs Male of the body and bodies of all and every such Son and Sons lawfully issuing the elder of such Sons and Heirs Male of his body issuing being always to be preferred and to take before the Younger of such Son and Sons and the Heirs Male of his and their body and bodies issuing,
And for default of such Issue, To the use of all and every the daughter and daughters of the body of the said George Thomas lawfully to be begotten to be equally divided between and among them (if more than one) share and share alike, To take as Tenants in Common and not as Joint tenants and of the several and respective Heirs of the body and bodies of all and every such daughter and daughters lawfully issuing, and in case any one or more of such daughters shall happen to die without Issue of her or their Body or Bodies, Then as to the share or shares of her or them so dying, To the use of the other or others of the same daughters to be equally divided between and among them, if more than one, share and share alike, to take as Tenants in Common and not as Joint Tenants, and of the several and respective Heirs of the body and bodies of such other daughter and daughters issuing, And if all such daughters but one shall happen to die without issue, or if there shall be but one such daughter, then to the use of such only surviving or such only daughter and the Heirs of her body,
And for default of such issue Then to the use of the said Jacob Costobadie Junior and his Assigns for and during the term of his natural life without impeachment of or for any manner of waste, and from and after the determination of that Estate by forfeiture or otherwise in the life time of the said Jacob Costobadie, To the use of the said Philip Stephens and George Hartwell and their Heirs during the life of the said Jacob Costobadie, Upon Trust to support and preserve the contingent uses and Estates hereinafter limited from being defeated or destroyed and for that purpose to make entries and bring actions as the case shall require, But nevertheless to permit and suffer the said Jacob Costobadie and his Assigns during his life to receive and take the rents issues and profits of the said last mentioned Manors and premises and of every part thereof respectively to and for his and their own use and benefit,
And from and after the decease of the said Jacob Costobadie, To the use of the first Son of the body of the said Jacob Costobadie lawfully to be begotten and the Heirs Male of the body of such first Son lawfully issuing, and for default of such issue, To the use of the second, third, fourth, fifth, sixth and all and every other the Son and Sons of the body of the said Jacob Costobadie lawfully to be begotten severally, successively and in remainder one after another in order of and course as they shall respectively be in seniority of age and priority of birth and of the several and respective Heirs Male of the body and bodies of all and every such Son and Sons lawfully issuing the elder of such Sons and Heirs Male of his body issuing being always to be preferred and to take before the Younger of such Son and Sons and the Heirs Male of his and their body and bodies issuing,
And for default of such Issue, To the use of all and every the daughter and daughters of the body of the said Jacob Costobadie lawfully to be begotten to be equally divided between and among them (if more than one) share and share alike, To take as Tenants in Common and not as Joint tenants and of the several and respective Heirs of the body and bodies of all and every such daughter and daughters lawfully issuing, And in case any one or more of such daughters shall happen to die without Issue of her or their Body or Bodies, Then as to the share or shares of her or them so dying, To the use of the other or others of the same daughters to be equally divided between and among them, if more than one, share and share alike, to take as Tenants in Common and not as Joint Tenants, and of the several and respective Heirs of the body and bodies of such other daughter and daughters issuing, And if all such daughters but one shall happen to die without issue or if there shall be but one such daughter, Then to the use of such only surviving or such only daughter and the Heirs of her body,
And for default of such issue, Then to the use of my own right heirs for ever,
And I do hereby direct and declare that the said Manors, Towns, Lands, Tenements, Hereditaments and premises hereinbefore limited in use to the said Dr John Palliser and Thomas Weston their Executors, Administrators and Assigns for the term of ninety nine years to be computed from the day of the decease of my said Great Nephew Hugh Palliser Walters as aforesaid, were and are so limited to them, Upon Trust that if the said Hugh Palliser Walters shall die in the life time of the said Mary Walters, his present wife, then that they the said Dr John Palliser and Thomas Weston and the Survivor of them and the Executors, Administrators and Assigns of such Survivor shall and do yearly and every year during so many years of the said Term of Ninety Nine years as the said Mary Walters (the present wife of the said Hugh Palliser Walters) shall happen to live by, with and out of the rents, issues and profits of the said Manors, Hereditaments and Premises comprized in the said term of ninety nine years or by demise Sale or Mortgage of the same premises or a competent part thereof for all or any part of the same term, or by all or any of the said ways and means, or by such other ways or means as the same Trustees or Trustee for the time being shall think proper, raise, levy and pay unto and for the benefit of the said Mary Walters and her Assigns by equal half yearly payments of the first day of May and the first day of November in every year one Annuity or yearly rent charge or sum of Three hundred pounds Irish money, free and clear of and from all Taxes, Charges, deductions and abatements whatsoever, the first half yearly payment of the said Annuity or clear yearly rent charge or sum of Three hundred pounds to be raised and to begin and be made on such of the said days of payment as shall first and next happen after the decease of the said Hugh Palliser Walters, And upon this further Trust, that they the said Dr John Palliser and Thomas Weston, and the Survivor of them and the Executors, Administrators and Assigns of such Survivor shall and do permit and suffer the person or persons who by virtue of the limitations aforesaid shall for then time being be entitled to the reversion or remainder of the premises comprised in the said term of ninety nine years immediately expectant upon the determination of the same Term to receive and take to and for his, her or their own use and benefit all the residue and surplus of the rents and profits of the same premises which shall from time to time remain after answering and paying the said Annuity or yearly rent charge or Three hundred pounds and all arrears thereof and the Costs and Expences of my said Trustees in and about levying and raising the same,
provided always, and my Will is and I do hereby direct and declare that from and immediately after the decease of her the said Mary Walters (the present wife of the said Hugh Palliser Walters) and payment of all arrears of the said Annuity or Yearly rent charge or sum of Three hundred pounds, and after all the Trusts hereinbefore created and declared of and concerning the said term of ninety nine years shall be fully executed and performed or shall become incapable of taking effect either by the death of the same Mary Walters in the life time of the said Hugh Palliser Walters, her present husband or otherwise, And after all the costs, charges and expences of my said last named Trustees of the said Term shall be fully paid and satisfied, Then, and in such case and from thenceforth the said term of ninety nine years shall cease, determine and be absolutely void to all intents and purposes whatsoever provided also,
and my Will further is , And I do hereby direct and declare that it may be and shall be lawful to and for the said George Thomas, Jacob Costobadie and Hugh Weston respectively when and as they shall respectively be in the actual possession or intitled to the rents and profits of the said Manors, Capital Messuage, Messuages, Lands, Tenements , Hereditaments and Premises hereinbefore devised and limited to them for their respective lives as aforesaid by any deed or deeds writing or writings to be Signed, Sealed and delivered by them respectively in the presence of and attested by two or more credible witnesses to grant, settle, limit or appoint unto, upon or to the use of any woman or women whom they shall respectively happen to marry for the life or lives of such woman or women respectively for her or their jointure or jointures, and in Bar or without being in Bar of her or their dower or thirds at the Common Law or by Custom or otherwise any Annual Sum or Sums yearly rent charge or rent charges not exceeding together at any one time the net amount of the clear yearly rents of the Manors and premises whereof they shall so respectively be in the possession or (entitled ?) to the rents and profits whereof they shall respectively be intitled as aforesaid (over and above all taxes and outgoings) Upon this Condition nevertheless that the person or persons so respectively Granting or limiting such jointure or jointures shall actually and bona fide receive as and for a portion or portions with such woman or women respectively the Sum of One thousand pounds for every Eighty pounds by the year which shall be so Granted and appointed and so in proportion for any less Sum than One thousand pounds the said Annual Sum or Sums yearly rent charge or rent charges to take effect immediately upon or after the decease of the person or persons respectively granting, limiting or appointing the same and to be issuing and payable (tax free and without any deductions out of and to be charged and chargeable upon all or any part or parts of the said manors, Hereditaments and premises whereof the person or persons so making such Grant, Settlement, limitation or appointment shall then be in the actual possession or to the rents and profits whereof they shall so respectively be intitled for their respective lives as aforesaid with such powers and remedies by distress entry and perception of the rents and profits of the said Manors and Premises, and by Granting creating or limiting one or more term or terms of years (to commence and take effect upon the death of the person or persons so respectively Granting creating or limiting the same for the better securing and inforcing the regular payment of the said Annual Sum or Sums, yearly rent charge or rent charges respectively as are usual in the like cases, And such Grants, Settlements , Limitations or appointments shall and may be made either before or after such Marriage or marriages as to the person or persons respectively making the same shall seem to meet any thing in this my Will contained to the contrary notwithstanding provisos also And I do hereby further direct and declare that it shall and may be lawful to and for the said George Thomas, Jacob Costobadie, Mary Walters Widow, Hugh Weston, Jane Palliser, Charlotte Palliser and Hugh Palliser Walters respectively at any time or times hereafter as and when they shall respectively come into and be in the actual possession of the said Manors, Capital Messuage, Messuages, Lands, Tenements, Hereditaments and Premises hereinbefore limited to them respectively for their respective lives as aforesaid by Indenture or Indentures under their respective hands and seal’d to demise lease or grant the said Manors, Capital Messuage, Messuages, Lands, Tenements, Hereditaments and Premises whereof they shall so respectively be in the actual possession or any part or parts thereof respectively unto any person or persons for any term or number of years not exceeding Twenty one years to take effect in possession and not in reversion or by way of future Interest so as upon every of the said Leases there be reserved to continue payable half yearly or oftener during the terms to be thereby respectively granted the best and most improved yearly rent or rents that can be reasonably had or obtained for the same without taking any Sum or Sums of money or other thing by way of Fine, Premium or Foregift for or in respect thereof and so as that the rent or rents to be reserved in and by such Lease or Leases respectively be made payable to the person or persons who for the time being shall be entitled to the said premises respectively under and by virtue of this my Will, and so as none of the said Leases be made dispunishable of Waste by any express words therein contained and so as in every such Lease there be contained a Clause of reentry for non-payment of the rent or rents to be thereby respectively reserved and so as the lessee or lessees to whom such Leases shall be respectively made do Seal and deliver a counterpart or counterparts of the said Leases respectively,
And I desire to be buried in the parish Church of Chalfont St Giles in the County of Buckingham in a private manner and that a decent monument may be erected to my Memory in that Church by my Executors hereinafter named. And I direct that the expences of my Funeral and of erecting the said Monument shall not exceed the Sum of Four hundred pounds which Sum of Four hundred pounds I give and bequeath to my said Executors for those purposes,
and (after payment of all my Just Debts and of the several Legacies and Sums of money hereinbefore given and bequeathed) I give, devise and Bequeath, All the rest, residue and remainder of my monies, Securities for Money, Stock in the Public Funds, Household Goods, Furniture, Plate, Linen, China Goods, Chattells and Personal Estates and Effects whatsoever of what nature, kind or description soever the same may be, and over which I have any disposing power, unto the said George Thomas his Executors, Administrators and Assigns to and for his and their own absolute use and benefit.
And I do hereby nominate, constitute and appoint the said George Thomas and the said Jacob Costobadie and Thomas Atkinson joint Executors of this my Will, And I do hereby declare and direct that my said Trustees and Executors hereinbefore named for the several purposes aforesaid shall not nor shall any or either of them or the heirs Executors or Administrators of them or any or either of them be answerable or accountable for any money to be received by virtue of or under this my Will any otherwise than each person for such Sum or Sums of money as he or they shall respectively actually receive nor for any loss or damage which may happen to the said Trust Estates Monies and premises or any part thereof so as such loss happen without their respective wilful neglect or default, nor shall any one or more of them be answerable or accountable for the others or any other of them or for the acts receipts neglects or defaults of the others pr any other of them, And further that they my said Trustees and Executors respectively and their several and respective Heirs, Executors and Administrators shall and may by and out of the Trust Estate Monies and Effects which shall come to their hands by virtue of this my Will, retain to and reimburse himself and themselves respectively all costs, charges, damages and expences whatsoever which they or any of them shall or may pay, sustain, expend or be put unto in and about the execution of the Trusts hereby in them respectively reposed.
And I do hereby revoke all former and other Wills by me at any time heretofore made and declare this only to be my last Will and Testament. In Witness whereof I have to three parts of this my last Will and Testament, each part contained in five Skins of Parchment, set my Hand and Seal (that is to say), my Hand to the four first Skins of each of the said three parts, and my hand and seal to the last Skin or each of the said three parts, this twenty fourth day of January in the year of our Lord One thousand seven hundred and ninety one - Hugh Palliser.
Signed, sealed, published and declared by the above named Sir Hugh Palliser Baronet as and for his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other have subscribed our names as Witnesses hereto - James Farrer - Tho. Woodcock - Anthy. Wagner.
A Codicil to be annexed to and taken as part of the last Will
and Testament of me Sir Hugh Palliser Baronet, Admiral of
the Blue Squadron of His Majestys Fleet and Governor of
Greenwich Hospital.
Whereas by Indenture bearing date the twenty sixth day of August One thousand seven hundred and seventy two and made or expressed to be made between John Fletcher of the Priory of Saint Roberts in the Parish of Knaresborough in the County of York Esquire on the one part and me the said Sir Hugh Palliser Esquire, Controller of His Majestys Navy on the other part, It was Witnessed that in consideration of the great love and affection which he had for Ursula his Wife and Rebecca his daughter and in consideration of ten shillings paid by me to the said John Fletcher as in the said Indenture is expressed, He the said John Fletcher did Grant, Bargain, Sell and Assign unto me the said Sir Hugh Palliser my Executors, Administrators and Assigns the Sum of One thousand and fifty pounds (being part of the principal Sum of One thousand five hundred pounds due upon a Bond from the Most Noble Henry Duke of Newcastle to the said John Fletcher, and all the interest to become due for the said One thousand and fifty pounds, To hold the said Sum of One thousand and fifty pounds and all Interest to become due for the same unto me the said Sir Hugh Palliser my Executors, Administrators and Assigns, Upon Trust to permit the Interest arising from the said principal Sum of One thousand and fifty pounds to be received by the said John Fletcher and his Assigns during his life and after his decease by the said Ursula his Wife and her Assigns during her life and after the decease of the Survivor or them the said John Fletcher and Ursula his Wife by the said Rebecca Fletcher and her Assigns during her life, and after the decease of the Survivor of them the said John Fletcher and Ursula his Wife and Rebecca Fletcher, Upon Trust to pay, assign, and dispose of the said principal Sum of One thousand and fifty pounds unto all and every or any Child or Children of the said Rebecca Fletcher living at the time of her decease in such parts and proportions manner and form as the said Rebecca Fletcher - whether Sole or under Coverture should by deed or will to be executed and published in the manner therein mentioned Give, Devise, Direct , Limit or Appoint the same
And in default of such Gift, Devise, Direction, Limitation or Appointment then to, between, and among all and every the Child and Children of the said Rebecca Fletcher which should be living at the time of her decease, equally to be divided between and among them if more than one, and his, her and their respective Executors, Administrators and Assigns, and if no such Child or Children of the said Rebecca Fletcher should be living at the time of her decease, Then upon Trust and to and for the only use of me the said Sir Hugh Palliser my Executors, Administrators and Assigns, And Whereas the said John Fletcher is dead but the said Ursula Fletcher and the said Rebecca her daughter are both living, And whereas the said Rebecca Fletcher hath Intermarried with and is now the wife of Carr Ibbetson Esquire, but the said Rebecca Ibbetson hath at present no Child or Children of her body, And in Case the said Rebecca Ibbetson shall die without leaving any Child or Children of her body living at her death, the said principal Sum of One thousand and fifty pounds mentioned in the said Indenture and the Interest thereof will upon and after the death of the Survivor of them, the said Ursula Fletcher and Rebecca Ibbetson, become my property.
Now my Will is and I do hereby direct and declare that if the said Rebecca Ibbetson shall die in the life time of the said Carr Ibbetson her husband without leaving any Child or Children of her body living at her death, Then that the same principal Sum of One thousand and fifty pounds mentioned in the said recited Indenture and the Interest thereof shall from and immediately after the death of the Survivor of them the said Ursula Fletcher and Rebecca Ibbetson, and after the death of me the said Sir Hugh Palliser become the absolute property of and be assigned, transferred and paid to the said Carr Ibbetson, his Executors, Administrators and Assigns to and for his and their own use and benefit, and I do hereby give, devise and bequeath the same to him the said Carr Ibbetson his Executors Administrators and Assigns accordingly.
But if the said Carr Ibbetson shall die in the life time of the said Rebecca Ibbetson and without issue by her, Then my Will is that the said principal Sum of One thousand and fifty pounds and Interest shall (upon the events and contingencies mentioned in the said Indenture) become and be considered as part of the residue of my personal Estate and be applied and disposed of in the manner directed by my said Will. And I do hereby ratify and confirm my said Will in all other respects. In Witness whereof I have hereunto set my hand this sixteenth day of April One thousand seven hundred and ninety one. Hugh Palliser
Witness Robert Shepper.
A Codicil to be annexed to and taken as part of the
last Will and Testament of me Sir Hugh Palliser Baronet,
Admiral of the Blue Squadron of His Majestys Fleet
and Governor of Greenwich Hospital.
Whereas by my last Will and Testament bearing date on or about the twenty fourth day of January One thousand seven hundred and ninety one I have (among other things) given and devised unto Doctor John Palliser of Rathfarnham near Dublin in the Kingdom of Ireland and Thomas Weston late Clonmell but now of Dublin in the said Kingdom of Ireland Esquire and to their Heirs and Assigns All that and those the Town and Lands of Porto Bello otherwise called Ballyferogebegg and the Lands and Hereditaments continuous thereto known by the name of Priestland situate and being in the County of Wexford in the said Kingdom of Ireland, and now or late held by Patrick Caulfield with all and singular the appurtenances thereto belonging, To hold the same unto the said Doctor John Palliser and Thomas Weston their Heirs and Assigns for ever, To the several uses and under and subject to the powers, provisos and limitations thereinafter expressed and declared and in part hereinafter mentioned of and concerning the same, that is to say, To the use of Mary Walters Widow (named in my said Will) and her Assigns for her life without impeachment of waste, with remainder To the use of the said Doctor John Palliser and Thomas Weston and their Heirs during the life of the said Mary Walters,
In Trust to preserve contingent remainders with remainder To the use of Hugh Weston (Son of the said Thomas Weston) and his Assigns for his life without impeachment of waste with remainder To the use of the said Doctor John Palliser and Thomas Weston and their Heirs during the life of the said Hugh Weston,
In Trust to preserve contingent remainders with remainder To the use of the first and every other Son of the body of the said Hugh Weston severally and successively in tail male with remainder To the use of Jane Palliser, Spinster (one of the daughters of the said Doctor John Palliser) and her Assigns for her life without impeachment of waste with remainder To the use of the said Doctor John Palliser and Thomas Weston and their Heirs during the life of the said Jane Palliser,
In Trust to preserve remainders with remainder To the use of the first and every other Son of the body of the said Jane Palliser severally and successively in tail male with remainder To the use of Charlotte Palliser, Spinster (another of the daughters of the said Doctor John Palliser) and her Assigns for her life without impeachment of waste with remainder To the use of the said Doctor John Palliser and Thomas Weston and their Heirs during the life of the said Charlotte Palliser,
In Trust to preserve contingent remainders with remainder To the use of the first and every other Son of the body of the said Charlotte Palliser severally and successively in tail male and with the ultimate remainder or reversion To the use of my own right heirs and by my said Will I have given to the said Hugh Weston (when he shall be in the actual possession of the Hereditaments thereby limited to him for his life) such powers to make or grant Leases and to charge limit or appoint Jointures of or upon the same Heredits. or any part or parts thereof respectively as in my said Will are particularly expressed or contained, Now I do hereby ratify and confirm all and every the uses and Estates which in and by my said Will were and are limited or created of and concerning the said Town and Lands of Porto Bello otherwise called Ballykerogebegg and the Land and Hereditaments contiguous thereto, known by the name of Priestland with the Appurtenances unto or in favour and for the benefit of the said Mary Walters and Hugh Weston respectively and their respective Assigns and unto or in favour and for the benefit of the first and other Sons of the body of the said Hugh Weston and the issue male of their bodies respectively as aforesaid, But I revoke, annul and make void all the subsequent uses and estates in and by my said Will limited or declared of and concerning the same Town, lands, Hereditaments and Premises with the Appurtenances and in lieu thereof (that is to say) after there shall be a failure of Sons and Issue Male of the body of the said Hugh Weston, I give and devise all and singular the said Town and Lands of Porto Bello otherwise called Ballykerogebeg and the Lands and Hereditaments contiguous thereto known by the name of Priestland with the Appurtenances To the use of Henry Weston of Ely Place in the City of London, Gentleman, another Son of the said Thomas Weston and Brother of the said Hugh Weston and his Assigns for and during the term of his natural life without impeachment of or for any manner of Waste, And from and after the determination of that Estate by forfeiture or otherwise in the life time of the said
Henry Weston, To the use of the said Doctor John Palliser and Thomas Weston and their heirs during the natural life of the said Henry Weston, In Trust to support and preserve the contingent uses and estates hereinafter limited from being defeated or destroyed and for that purpose to make entries and bring actions as the Case shall require, But nevertheless to permit and suffer the said Henry Weston and his Assigns during his life to receive and take the rents, issues and profits of the said term Lands, Hereditaments and Premises and of every part thereof respectively to and for his and their own use and benefit,
And from and after the decease of the said Henry Weston, To the use of the first Son of the body of the said Henry Weston lawfully to be begotten and the heirs Male of the body of such first son lawfully issuing, and for default of such issue, To the use of the second, third, fourth, fifth, sixth and all and every other the Son and Sons of the body of the said Henry Weston lawfully to be begotten, severally, successively and in remainder, one after the other in order and course as they shall respectively be in seniority of age and priority of birth, and of the several and respective Heirs Male of the body and bodies of all and every such Son and Sons lawfully issuing, the older of such Sons and the Heirs Male of his body issuing being always to be preferred and to take before the Younger of such Son and Sons and the Heirs male of his and their body and bodies issuing,
And for default of such issue Then to the use of my own right heirs for ever.
And I do give and grant unto the said Henry Weston when and as he shall be in the actual possession of the Hereditaments and Premises hereby devised to him for his life as aforesaid by virtue of the limitations hereinbefore contained such or the like powers and authorities to make or grant Leases and to charge, limit or appoint Jointures of or upon the same Hereditaments and Premises or any part or parts thereof respectively, As were and are given and granted, or mentioned or intended to be given and granted to the said Hugh Weston in and by my said last Will and Testament, provided always that the powers of leasing and jointuring hereby given to the said Henry Weston as aforesaid shall be used and exercised by him in such and the same manner and under and subject to such and the same conditions and restrictions as were and are mentioned, specified, and prescribed in and by my said last Will and Testament, And Whereas I am desirous of securing unto or for the benefit of Mrs Dorothy Weston (the Wife of the before named Thomas Weston) during her natural life, One Annuity or yearly rent charge of Fifty Pounds, to be issuing and payable out of the Manor and Lands of Castletown and other my Lands and Hereditaments in the Barony of Forth in the said Kingdom of Ireland, which in and by my said last Will and Testament were and are given and devised unto my Friends Philip Stephens Esquire and George Hartwell Esquire their Heirs and assigns, To the several uses and under and subject to the powers provisos and limitations therein mentioned, expressed and declared of and concerning the same, And I have determined to charge the said Annuity or Yearly rent charge Upon the said Manor and Lands of Castletown and other my Lands and Hereditaments in the Barony of Forth aforesaid prior and antecedent to all the uses and estates limited created or declared of or concerning the same Manor, Lands and Hereditaments in and by my said Will, but without revoking or in any way otherwise prejudicing, affecting or altering the said last mentioned uses and estates or any of them, NOW for effecting the purpose last mentioned I do hereby direct and declare that the said manor and Lands of Castletown and all other my Lands and Hereditaments in the Barony of Forth in the said Kingdom of Ireland so given and devised to the said Philip Stephens and George Hartwell their Heirs and Assigns as aforesaid shall from and immediately after my decease So remain and enure to the use of the before named Doctor John Palliser his Executors, Adminisatrators and Assigns for the term of ninety years to be computed from the day of my decease and from thence next ensuing and fully to be compleat and ended without impeachment of or for any manner of waste, But nevertheless upon the Trusts for the intents and purposes and under and subject to the provisos and declaration hereinafter declared or expressed if and concerning the same Town, And I do direct and declare that from and after the end, expiration or other sooner determination of the said term of ninety years and in the mean time subject thereto and to the trusts thereof, The said Manor and Lands of Castletown and All other said lands and Hereditaments in the Barony of Forth aforesaid shall go, remain and enure to the several uses and under and subject to the powers, provisos and limitations mentioned, expressed and declared of and concerning the same in and by my said last Will and Testament, And to for or upon no other use Trust, Interest or purpose whatsoever, And I do hereby direct and declare that the said manor, lands and Hereditaments hereinbefore limited in use to the said Doctor John Palliser, his Executors, Admors, and Assigns for the term of ninety years as aforesaid are and were so limited to him and them, Upon Trust that he the said Doctor John Palliser his Executors, Administrators and Assigns shall and do yearly and every year during so many years of the said term of ninety years as the said Dorothy Weston shall happen to live, by and out of the rents and profits of the said Manor, Lands, Hereditaments and Premises comprised in the said Term of ninety Years, or by demise, Sale or Mortgage of the same premises or a competent part thereof for all or any part of the same Term or by all or any of the said ways or means or by such other ways or means as he the said Doctor John Palliser his Executors, Administrators or Assigns shall think proper raise and levy One Annuity or yearly rent charge of Fifty Pounds of lawful money of Great Britain clear of all Taxes, deductions and abatements whatsoever and by equal half yearly payments on the first day of may and the first day of November in every year, the first half yearly payment of the said Annuity or rent charge to be raised and to begin and be made on such of the said days of payment as shall first and in next happen after my death. And upon this further Trust that the said Doctor John Palliser his Executors, Administrators or Assigns shall and do pay apply and dispose of the said clear Annuity or yearly rent charge of Fifty Pounds as the same shall from time to time be raised and by such equal half yearly payments as aforesaid unto such person or persons and for such intents and purposes as the said Dorothy Weston (notwithstanding her present or any future Coverture and whether she may be Covert or Sole) shall from time to time by any Note or Writing under her hand order direct or appoint and for want of such order direction or appointment into the proper hands of her the said Dorothy Weston, To the Intent that the same may be for her own sole and separate use and may not be subject to the debts, controul or Engagements of her present or any future Husband, And I do hereby Will and direct that the receipt or receipts of the said Dorothy Weston under her hand or of such person or persons as she shall appoint to service the said Annuity or yearly rent charge of Fifty Pounds, shall from time to time (notwithstanding the present or any future coverture of the said Dorothy Weston and whether she may be Covert or Sole) be good and sufficient discharges to the said Doctor John Palliser his Executors , Administrators or Assigns for the said Annuity or yearly rent charge of Fifty Pounds or for so much thereof as in such receipt or receipts shall be expressed or acknowledged to be received And upon this further Trust that the said Doctor John Palliser his Executors, Administrators and Assigns shall and do permit and suffer the person or persons who by virtue of the limitations contained in my said last Will and Testament shall for the time being be intitled to the reversion or remainder of the premises comprised in the said Term of Ninety Years immediately expectant upon the determination of the said term to receive and take to and for her, his or their own use and benefit All the residue and surplus of the rents issues and profits of the same premises which shall from time to time remain after answering and paying the said clear Annuity or yearly rent charge of Fifty Pounds, and all arrears thereof and the costs and expenses of the said Doctor John Palliser his Executors, Administrators and Assigns in and about the levying and raising the same provided always And I do hereby direct and declare that from and immediately after the decease of the said Dorothy Weston and payment of all arrears of the said Annuity or yearly rent charge of Fifty Pounds, and after all the Trusts hereinbefore created and declared of an concerning the said Term of Ninety Years shall be fully executed and performed or shall become unnecessary or incapable of taking effect and after all the costs, charges and expences of the said Doctor John Palliser his Executors, Administrators and Assigns in and about the execution of the Trusts of the said Term and in such case and from thenceforth the said Term of Ninety Years shall cease, determine and be absolutely void to all intents and purposes whatsoever, And I do hereby ratify and confirm my said last Will and Testament in all respects except so far as the same is hereby or by some former Codicil altered or varied, In Witness whereof I have to three parts of this Codicil each part contained in one Skin of parchment set my hand and seal this third day of October in the year of our Lord One thousand seven hundred and ninety three
- Hugh Palliser 3 Oct. 1793
This writing contained in one Skin of parchment was Signed Sealed Published and declared by the above named Sir Hugh Palliser Baronet as and for a Codicil to his last Will and Testament in the presence of us who in his presence at his request and in the presence of each other do hereunto subscribe our names as Witnesses
Fred. Langlob James Weston Wm. Dickinson
Whereas I Sir Hugh Palliser Baronet, Governor of Greenwich Hospital have made & duly executed my last Will and Testament in writing bearing date the 24th day of January 1791, Now I do hereby declare this present writing to be as a Codicil to my said Will and direct the same to be annexed thereto and taken as part thereof, I do hereby give and bequeath to my Niece Rebecca Ibbetson the Sum of One thousand pounds New South Sea Annuities over and above what I have left her by my said last Will and Testament. The Sum of One thousand pounds New South Sea Annuities to be at her own disposal by her own Will. In Witness whereof I the said Sir Hugh Palliser have to this Codicil set my hand and seal this twenty ninth day of January One thousand seven hundred and ninety four - Hugh Palliser.
A Codicil to be added and annexed to be as part of the last Will and testament of Sir Hugh Palliser Baronet, - Whereas I am desirous of making some alterations and additions to my said Will I do over and above what I have given to Mrs Ursula Fletcher my Sister, give her the further Sum of One thousand pounds in the New South Sea Annuities, and over and above what I have given to Mrs Mary Walters Widow in my Will I do give her the further Sum of Five hundred pounds in the New South Sea Annuities - At the Vache in Buckinghamshire, this tenth day of January One thousand seven hundred and ninety six. - Hugh Palliser
Witness - Jas. Rumsey
N.B. It is my request to the Directors of Greenwich Hospital that they will accept my Pictures of the late Lord Anson, Sir Charles Saunders and Sir Edward Hughes and that they may be placed in the Hospital in memory of the eminent Services performed by those Officers to their country together with my two Pictures of the attack at Quebec done by Serres, Senior. The Blue and White Nankeen China of the Bamboo pattern raised work properly belongs to Mrs Mary Walters Widow my having them being occasioned by a mistake - Hugh Palliser.
A Codicil to be added and annexed to be taken as part of the last Will and Testament of Sir Hugh Palliser Baronet - Whereas I am desirous of making some alterations and additions to my said Will, I do over and above what I have given to my Servants that now are and such of them as may be in my Service at the time of my death give them the further Sum of Ten pounds each for their great care and attention on me during my Illness - And the Ring which I left in my Will to Doctor Palliser who is since deceased I request may be accepted by his daughter Jane Palliser (daughter is crossed out and "Widow" has been inserted above the line. - At the Vache in Buckinghamshire this tenth day of January, One thousand seven hundred and ninety six - Hugh Palliser
Witness - Jas. Rumsey.
N.B. The interlineation in the seventh line above comprehending the words "such of them as" was made to explain my meaning more fully H:P.
Five Hundred Pounds more in addition to what he left to Mrs Walters Widow in his Codicil and Will - Ordered by Sir Hugh Palliser Bart.
14 March, 3 in the Morning
Present - Robert Shepper & J Waring
Read to Mr Rumsey immediately after Read also to Mr H Walters, same day on his arrival down to V.
We heard the within paper read, or the purport of it stated to Sir Hugh Palliser at the time within mentioned - Robt. Shepper Jas. Waring (his mark)
This Will was proved at London with Six Codicils the first day of April in the year of our Lord One thousand seven hundred and ninety six before the Worshipful John Fisher, Doctor of Laws and Surrogate of the Right Honourable Sir William Wynne Knight, also Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted by the Oaths of George Thomas Esquire, the Reverend Jacob Costobadie the Younger, Clerk, and Thomas Atkinson Esquire, the Executors named in the Will to whom Administration was granted of all and singular the Goods, Chattles and Credits of the deceased having been first Sworn duly to Administer.
Public Record Office reference no. PROB 11 / 1274
Transcribed by Cliff Thornton, June 2006.