Captain Daniel Harvey's Will 1787

Transcript of the will of Daniel Harvey, Esquire, 25 March 1787, PROB 11/1243 7 March 1794

I Daniel Harvey of Wivenhoe in the County of Essex do make this my last Will and Testament in manner following I give and bequeath unto my wife Elizabeth Harvey two hundred pounds to be paid to her within one month after my demise and I give and bequeath unto my Trustees hereinafter named ten guineas each I give and bequeath unto Martin Hopkins the Elder late Mate of the Repulse cutter under my command a ……. annuity of ten pounds per annum during his life as a testimony of my approbation of his fidelity and good conduct in office from which he has been most rudely and most unjustly dismissed I give and bequeath unto Henry Philips and John Africa [Azira] B…….ly five guineas each I give and bequeath to my daughter Harriet Harvey my gold watch I give unto my son George Daniel Harvey my gold watch chain and seals and also my books pictures and prints I give and devise all the rest and residue of my real and personal estate including my copyhold estates unto Sir James Eyre Lord Chief Baron of the Exchequer Samuel Ennew Esquire Stephen Martin Leake Esquire [insert] late of Bombay in the East Indies their heirs executors administrators and assigns for ever upon the following Trusts that is to say upon trust to sell my real estate whether freehold or copyhold and to convert the same together with my personal estate into money and devising that the whole should be considered as personal estate and thereon to pay my debts legacies above bequeathed and funeral expenses which I desire may be as frugal as decency will permit and as to three thousand pounds thereof the Certified Consolidated Bank Annuities and two thousand pounds of the reduced Annuities now standing in my Money Trust to permit my wife to enable the dividends to grow and thereon after my demise during her life and as to two thousand pounds thereof ……. ………. South Sea Annuities of the year 1751 now standing in my Money Trust to permit my said wife to realise the dividends to grow and thereon after my demise during her widowhood and as to one thousand pounds four per cent now standing in my Money Trust also to permit my said wife to enable the dividends to grow and thereon after my demise during her widowhood and as to my one hundred pounds per annum annuities of the year (blank) now standing in my Money Trust until my daughter Harriet Harvey shall have attained her age of twenty one or shall be married before that time with the consent of my wife to pay the dividends and produce thereof accruing and after my decease in the following proportions viz. sixty pounds part thereof to my wife if she remains a widow to enable her to defray the expense of the board and education of my said daughter and forty pounds the residue thereof to my said daughter for her clothes and pocket money but if my wife shall marry before my daughter shall attain her age of twenty one years or be married with the consent of my wife aforesaid and in all events upon her attaining the age of twenty one years or upon her marrying before that time with the consent of my wife upon trust to pay the whole of the said one hundred pounds long annuities to my said daughter and at their discretion to make a transfer of the said one hundred pounds long annuities in consideration of or to the uses of any settlement aforesaid and any settlement to be made upon or after the marriage of my said daughter and after the death or marriage of my said wife in trust as to the said one thousand pounds four per cent to pay the dividends growing thereon to my said daughter and at their discretions to make a transfer of the said one thousand pounds four per cent in consideration of or to the uses of any such settlement aforesaid and as to the said three thousand pounds three per cent bank annuities and the said two thousand pounds reduced annuities after the decease of my wife and as to the said two thousand pounds three per cent South Sea Annuities after her decease or marriage and as to the whole residue of the produce of my said real and personal estate in trust for my son George Daniel Harvey his heirs executors and assigns provided always that if my said son or daughter George Daniel or Harriet Harvey shall happen to be unmarried intestate and without making any disposition in his or her lifetime of the property hereby bequeathed to them then my will is that my Trustees shall apply the same in Trust to and for the survivor of them with the following qualifications That if my said daughter shall be the survivor my said Trustees shall preserve the same and suffice it to accumulate it for her benefit until she shall attain the age of twenty one years or be married with such consents aforesaid and in the meantime shall pay to my wife if my said daughter shall live with her the further sum of forty pounds in addition to the sum of sixty pounds before directed to be paid to her to enable her to defray the expenses of my said daughters board and education but if it should happen that both my said son and daughter George Daniel and Harriet Harvey should die unmarried intestate and without making any such disposition as aforesaid than I direct my Trustees to apply the whole residue of my real and personal estate to and for the benefit of my said wife during her life and as to two thousand pounds part thereof to such uses as my said wife by her will shall direct and appoint And as to the residue and moiety thereof to and for the benefit of Elizabeth Ellston wife of Mr Torry Ellston farmer and glazier residing in the shire of Holbeach in the shire of Lincolnshire and to her heirs and the other moiety of the aforesaid residue to and for the benefit of Frances Corsellis Caesar Corsellis and Harvey? Corsellis children of the Rev Nicholas Corsellis to be equally divided between them share and share alike and I do hereby direct that it shall be entirely in the direction of my Trustees when to sell and dispose of all or any part of my freehold copyhold or leasehold estates and that the produce of sale and until such sale the rents and profits of the said estates shall go and be considered as part of my personal estate and lastly I do hereby constitute and appoint the persons herebefore named as my Trustees to be Executors of this my Will In witness whereof I hereunto set my Hand and Seal this twenty fifth day of March in the year of our Lord one thousand seven hundred and eighty seven [Daniel Harvey] Signed sealed published and delivered by the said Daniel Harvey the Testator as and for his last Will and Testament in the presence of each other who have subscribed our hands as Witnesses thereto in his presence at his request and in the presence of each other Sarah Windsor Bridget Bonnard Brooke?

This Will was proved at London this the seventh day of March in the year of our lord one thousand seven hundred and ninety four before the Right Honorable Sir William Haight [Straight]? Doctor of Law Director of Quarter Sessions at Edmondsbury of the prerogative Court of Canterbury lawfully constituted by the oaths of Stephen Martin Leake and Samuel Martin Esquires two of the Executors named in the said Will to whom administration of all and singular the Goods Chattels and Credits of the deceased was granted the said Stephen Martin Leake having been first sworn before the Worshipful Samuel [Brass? Parson?] Doctor of Law and the said Samuel Martin before the Worshipful Samuel Pearse? Doctor of Laws and Surrogates duly to administer Power Desolved [Resolved?] of making the like grant to the Right Honorable Sir James Eyre Lord Chief Justice of the Court of Common Pleas and theretofore Lord Chief Baron of the Exchequer and Samuel Ennew Esquire the other executor named in the said will whom they or either of them shall apply for the same.

Transcribed and checked by Pat Marsden and Sue Glasspool
5 March 2010

[Note: our best endeavours have been made to make an accurate transcription but the writing was difficult to decipher in places so we cannot claim that is 100% correct.]