Home > Elizabeth Cook, Her Will and Her Legatees: Part 4

Elizabeth Cook, Her Will and Her Legatees: Part 4

 

Captain James Cook died in 1779.  His wife, Elizabeth, survived her husband by some 56 years, passing away on 13 May, 1835, at the age of 93.  In the first part of this article,1 I described how I came to transcribe her Will of over 7,000 words, and to research some of the legatees of the Will.  I then named and described the legatees in James Cook’s family, and some Unrelated Legatees.  In the second part of the article,2 I named and described the legatees in Elizabeth Cook’s family.  In the third part,3 I provided a transcript of the Will (dated 8 April, 1833). 

 

In this, the fourth part, are transcriptions of the three codicils that followed the original Will.  They are dated 8 April, 1833; 29 January, 1834; and 26 September, 1834.  The will and codicils were proved on 1 June, 1835.4 

In both the third and fourth parts, I have linked the people named to those who appear in the first two articles. 

 

To make it easier to read the transcript, I have created paragraphs, highlighted the names of the legatees, and added reference numbers pointing to a complete list of legatees in a separate section at the end.  Those legatees who do not appear in any of the previous articles are listed last. 

 

Wendy Wales

References

  1. Cook’s Log.  2020.  Vol. 43, no. 3.  Pages 38-40. 
  2. Cook’s Log.  2020.  Vol. 43, no. 4.  Pages 12-15. 
  3. Cook’s Log.  2021.  Vol. 44, no. 1.  Pages 5-11.  
  4. PROB 11/1847.Held at The National Archives, Kew.

     


 

I ELIZABETH COOK of Clapham in the County of Surrey widow do declare this to be a Codicil to my last Will and Testament in manner following

Whereas I have in and by my said Will named and appointed John Smith53 joint Residuary devisee and Legatee of my Estate and Effects together with John Leach Bennett35 therein named Now I do hereby revoke the said bequest of the residue to the said John Smith53 and I do give devise and bequeath the whole of my Residuary Estate and Effects Freehold Leasehold and Personal unto the said John Leach Bennett35 his heirs Exors and Administrators and Assigns for ever. 

In Witness whereof I have hereunto set my hand and seal this eight day of April one thousand eight hundred and thirty three     Eliz Cook     Signed sealed and published and declared by the said Testatrix for a Codicil to her last Will and Testament in the presence of us who at her request and in her presence of each other have subscribed our names as witnesses 

John Cording          H Balls          W.A. Boyle.

 


I ELIZABETH COOK of Clapham in the County of Surrey widow do make and declare this to be a second Codicil to my last Will and Testament bearing date the eight day of April one thousand eight hundred and thirty three. 

I give and bequeath unto my kind and attentive Friend and Neighbour doctor Thomas Elliotson68 the sum of two hundred pounds 

I give to Mrs Farrer69 wife of Captain Farrer formerly in the India Company’s service and now residing at Blackheath nineteen Guineas for a ring and as a mark of my regard for her

I give and bequeath unto my esteemed friend John Ravenhill Esquire24 the sum of four hundred pounds the same to be in addition to the one hundred pounds bequeathed to him by my said Will

And whereas I have in and by my said Will given and bequeathed unto my Trustees and executors therein named the sum of six thousand pounds Upon trust to be invested on Government Securities to be by them holden in trust for Marian Ellen Smith61 Charles James Smith62 and Frances Smith63, children of my dear cousin Charles Smith of Brunswick Place, Bowyer Lane, Lambeth deceased Now I do hereby revoke the said bequest and do thereby give and bequeath unto John Leach Bennett35 and John Day Blake18 the Trustees and Executors nominated and appointed in and by my said Will the sum of three thousand and three hundred pounds the same to be held by them on the same trusts and subject to the like powers and authorities in all respects as are declared in and by my said Will of and concerning the aforesaid sum of six thousand pounds given by my said Will and hereby revoked

And whereas I have also by my said given and bequeathed unto Frances Smith39 widow of my Cousin the last named Charles Smith deceased the sum of one thousand and five hundred pounds of my three per cent Consolidated Bank Annuities  Now I do hereby revoke and make void my said bequest and in lieu thereof do hereby give and bequeath unto the said Frances Smith39 the sum of seven hundred pounds Sterling. 

Also I do hereby give and bequeath unto Robert Anderson Smith49 Elizabeth Maria Smith50 Alfred Charles Smith51 and Alexander James Smith52 the children of Robert Smith48 in my said Will mentioned Son of my deceased cousin Charles Smith formerly of Mile End and unto each and every of them the sum of six hundred and fifty pounds Sterling. 

Also I give and bequeath unto my Trustees and Executors in my said Will named the sum of two thousand pounds of my said three per cent Consolidated Bank Annuities the same to be held by them upon the like trusts as the four thousand pounds three per cent Consols by my said Will bequeathed to them in trust for Ann Smith40 wife of Captain John Smith54 and her children

And I do hereby direct and declare that they my said Trustees and Executors shall stand and be possessed of the said sum of £4000 and £2000 making together six thousand pounds three per Cent Consolidated Bank Annuities upon the like trusts and with under and subject to the like powers and authorities in all respects as are in my said Will declared and contained of and containing the said four thousand pounds three per cent Consolidated Bank Annuities

And whereas I have in and by my said Will given and bequeathed unto Elizabeth Cragg65 the sum of three hundred pounds of my new three and a half per cent  Now I do hereby utterly revoke and make void the said bequest and every part thereof 

I give and bequeath unto the Rector and Churchwardens of the parish of Clapham14 aforesaid and to their successors for the time being the sum of seven hundred pounds of my said new three and a half per cent Annuities Upon trust they the said Rector and Churchwardens for the time being do from time to time receive the Dividends of the said Stock as and when the same shall become due and payable and do and shall pay divide and distribute such dividends equally among six poor Widows domiciled in the said Parish of Clapham to be for that purpose nominated by the Rector of the said Parish for the time being

And whereas I have in my said Will given and bequeathed unto John Leach Bennett35 one of my Trustees and Executors therein named the sum of one thousand five hundred pounds and have also by my Codicil thereto appointed him my sole Residuary Legatee  Now I do hereby revoke and make void the said Legacy of one thousand five hundred pounds and do hereby confirm my said appointment of him the said John Leach Bennett35 as my sole Residuary Legatee 

And I do hereby give and bequeath unto Mrs Mary Hook59 widow in my said Will named the sum of one hundred pounds the same to be in addition to the sum of one hundred pounds given and bequeathed to her in my said Will  

And I do also give and bequeath unto Mrs Indiana Jenkins6 in my said Will named the sum of one hundred pounds the same to be in addition to the sum of one thousand pounds three and a half per cents given and bequeathed to her by my said Will  

And I do also give and bequeath unto my dear friend Mrs Mary Williams58 in my said Will also named the sum of two hundred and fifty pounds the same to be in addition to the like sum of two hundred and fifty pounds given and bequeathed to her by my said Will  

Also I give and bequeath unto John Leach Bennett35 and John Day Blake18 my Trustees and Executors in my said Will named the sum of one hundred pounds of my new three and a half per cent Annuities to be held by them upon trust for Christiana Hustler10 and her children and with under and subject to the like powers and authorities in all respects as are in at my said Will declared and contained of and concerning the sum of three hundred pounds like new three and a half per cents given and bequeathed to my said Trustees and Executors in trust for the said Christiana Hustler10 and her children and as an addition thereto

And I do hereby direct that no sale by Auction or otherwise of any of my Estate and Effects may be had upon the Premise wherein I now reside at Clapham or wherein I may reside at the time of my decease 

And further I direct that all and singular the specific and pecuniary Legacies given and bequeathed as well by my said Will and by this present Codicil as by any future Codicil shall be paid and discharged by my said Trustees and Executors within the time or space of three Calendar months from the time of my decease and that in all cases where I have directed or shall at any future time direct my said Trustees and Executors to pay out and invest any sum or sums of money in the purchase of any Government or other Funds or Securities upon trusts thereof declared it is my will and desire and I do thereby request my Executors and Trustees to pay out and invest the same within the time or space of three Calendar months after my decease 

And I do hereby confirm my said last Will and Testament and the Codicil thereto both bearing date the eight day of April one thousand eight hundred and thirty three in all respects in which the same are not hereby altered 

In Witness whereof I the said Elizabeth Cook have hereunto set my hand and seal this twenty ninth day of January one thousand eight hundred and thirty four     Elizabeth Cook     Signed Sealed published and declared by the said Testarix as and for a second Codicil to her last Will and Testament in the presence of us who at her request in the presence and in the presence of each other have hereunto set our names as Witnesses thereto 

Elizabeth Munday Clapham Common          Jn Lewis Clapham Common          W A Boyle 11 Arundel St Strand

 


I ELIZABETH COOK of Clapham in the County of Surrey widow do make and declare this to be a third Codicil to my last Will and Testament  dated the eighth day of April one thousand eight hundred and thirty three

I give and bequeath unto Colonel James Smith41 in my Will called Major James Smith one of the sons of my cousin Charles Smith late of Mile End deceased the sum of one thousand and five hundred pounds the same to be in addition to the sum of five hundred pounds bequeathed to him by my said Will  

Also I give unto the said Colonel James Smith41 Captain John Smith54 and Mrs Jane Marshall37 in my said Will respectively named all the wines and spiritous Liquors which shall be in my dwelling house at the time of my decease equally to be divided between them share and share alike  

Also I give unto Mrs James Adams33 in my said Will named all the China that shall be in my Wine Cellar at the time of my decease 

And I do hereby confirm my said former Will and Codicils in all respects  

In Witness whereof I have hereunto set my hand and seal this twenty sixth day of September in the year of our Lord one thousand eight hundred and thirty four     Eliz Cook     Signed Sealed Published and declared by the said Testarix as and for a Codicil to her last Will and Testament in the presence of us who at her request and in her presence and in the presence of each other have subscribed our names as Witnesses  

Jn Lewis Clapham Common          W A Boyle Arundel St Strand

 


 

PROVED at London with three Codicils 1st June 1835 before the Worshipful John Haggard Doctor of Laws and Surrogate by the Oaths of John Leach Bennett Esq and John Day Blake Esquire the Executors to whom Admin was granted having been first sworn only to Administer.

Jn Cording Temple Bar Silversmith          H Balls 22 Roupell Street          W A Boyle 3 Clement Inn Strand


 

Legatees Named in Part 1
Cook’s Log
2020. Vol. 43, no. 3. Pages 38-40.
(Number of occurrences in the Will)

1. Elizabeth Cook Davidson (née Fleck) (1) See page 38
2. Grace Carter (née Fleck) (5) See page 39
3. William Carter (1) See page 39
4. Ann Burnicle (née Carter) (2) See page 39
5. Mary Duck (née Fleck) (1) See page 39
6. Indiana Jenkins (née Fleck) (2) See page 39
7. Sarah Ann Duck (née Fleck) (1) See page 39
8. Hannah Baron (née Fleck) (1) See page 39
9. John Fleck (2) See page 39
10. Christiana Hustler (née Fleck) (4) See page 39
11. Trustees of the British Museum (1) See page 39
12. School for the Indigent Blind (1) See page 40
13. Royal Maternity Charity (1) See page 40
14. Poor widows of Clapham   See page 40
15. Minister and Churchwardens of St Andrew’s Church, Cambridge (3) See page 40
16. John Elliotson (1) See page 40
17. Wife of John Elliotson (1) See page 40
18. John Day Blake (2) See page 40
19. Mrs Charlotte Blake (1) See page 40
20. Miss Waldo (1) See page 40
21. Miss Bower (1) See page 40
22. Mrs Bennett of Merton (1) See page 40
23. George Stark of Croydon (1) See page 40
24. John Ravenhill (2) See page 40
25. Mrs Jane Ravenhill (1) See page 40
26. Elizabeth Gates (1) See page 40
27. Mary Wellings (4) See page 40
28. Sarah Westlake (3) See page 40
29. Charles Doswell (3) See page 40

 

Legatees Named in Part 2
Cook’s Log
. 2020. Vol. 43, no. 4. Pages 12-15.
(Number of occurrences in the Will)

30. William Wilson (3) See page 12
31. James Wilson (2) See page 12
32. John Cragg (1) See page 12
33. Mary Adams (née Cragg) (2) See page 12
34. Ann Mackrell (née Cragg) (1) See page 13
35. John Leach Bennett (3) See page 13
36. Maria Cragg (née Bennett) (1) See page 13
37. Jane Marshall (née Cragg) (1) See page 13
38. Ursula Jew (née Cragg) (1) See page 14
39. Frances (wife of Charles Smith) (1) See page 14
40. Ann Smith (née Smith) (3) See page 14
41. James Smith (1) See page 14
42. Winifred Newcombe (née Smith) (1) See page 14
43. Katherine Newcombe (2) See page 14
44. Louise Ann Newcombe (2) See page 14
45. Ann Sophia Newcombe (2) See page 14
46. William Charles Newcombe (2) See page 14
47. Jane Greig Newcombe (2) See page 14
48. Robert Smith (1) See page 14
49. Robert Anderson Smith   See page 14
50. Elizabeth Maria Smith   See page 14
51. Alfred Charles Smith   See page 14
52. Alexander James Smith   See page 14
53. John Smith (1799- ?) (2) See page 14
54. John Smith (1782-1836) (2) See page 14

 

Other Legatees

55. Miss Mary Mayer (1)  
56. Mrs Mary Copling (1)  
57. John Warren (1)  
58. Mary Williams (1)  
59. Mary Hook (1)  
60. Louisa Davies (1)  
61. Marian Ellen Smith (2)  
62. Charles James Smith (2)  
63. Frances Smith (2)  
64. Henry Newcombe (2)  
65. Elizabeth Cragg (1)  
66. Thomas Savag e (1)  
67. Elizabeth Walford (1)  

Originally published in Cook's Log, page 28, volume 44, number 2 (2021).

 

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