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Will of John Wales, Esq, Captain, Potters Bar and Bombay 1811

Privacy Level: Open (White)
Date: 11 Sep 1802 to 9 Mar 1811
Location: Potters Bar, Hertfordshire, Englandmap
Surname/tag: Wales
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The Will of John Wales Esq Captain Potters Bar and Bombay written 11 Sep 1802, Codicils 26 Aug 1803 and 17 April 1809, was proved at London 9 March 1911, Prerogative Court of Canterbury.[1]

Spelling, punctuation and line breaks are as per the register copy. ff is rendered as F. Abbreviations are expanded and additions noted in [square brackets]. Paragraph breaks (where added) and bold text for names are my own for ease of reading.

People in the will in the order that they appear:

  • John Wales, Captain in East India Comany (testator)
  • Maria Catherine Wales (testator's wife, executrix)
  • Mary Womack the wife of Mr Richard Womack (sister)
  • Sarah Womack the wife of Mr. George Womack (sister)
  • Abigail Manners the wife of Mr Joseph Manners (sister)
  • Archibald Blair of Bayford, Herts (executor)
  • William Eyre of Edmonton, Middx, wine merchant (executor)
  • Edmund Chalmer, Middle Temple (witness, affidavit)
  • William Chalmer, son of Edmund (witness)
  • Levi Philipps of Guildford St, Middx (affidavit)

This is the last Will and Testament of me John
Wales Esq. First Lieutenant in the Honourable East India Company's
Marine Establishment at Bombay in the East Indies I direct that all my
just debts funeral Expenses & the expenses of proving this my Will be
ib the first place paid and satisfied by me ex[ecut]ors hereinafter named as
soon as conveniently may be after my decease I give and bequeath
unto my dearly beloved Wife Maria Catherine Wales all such household
Goods and furniture plate linen woollen china pictures books wines [...]
and all other liquors as I shall die possessed of Also my watches and
rings and the jewels watches rings and trinkets used and worn by her
to and for her own sole and absolute use and benefit I give & bequeath
unto my Sister Mary Womack the wife of Mr Richard Womack now
living at Heath in the County of York the Sum of One hundred pounds
Also I give and bequeath unto my Sister Sarah Womack the wife of
Mr. George Womack now living in Warmfield in the said County of York
the like Sum of One hundred pounds Also I give and bequeath unto
my Sister Abigail Manners the wife of Mr Joseph Manners now
living at Hull in the said County of York the like Sum of One hundred
pounds And from and after payment of my just debts funeral and
testamentary Expenses and the several legacies hereinbefore ny me
bequeathed and in the meantime subject thereto I give and bequeath
all the rest residue and remainder of my personal Estate and Effects
whatsoever and wheresoever unto my Executors hereinafter named their
Executors and Adm[inistrat]ors In Trust nevertheless as soon as conveniently
may be after my decease to collect and get in the same and convert the
same into money and place the monies thence arising out at Interest
upon Government Securities or in some of the Public Stocks or funds with
power to change the Securities wherein the same shall be invested at
their discretion And upon further Trust to pay the Interest & dividends
thence arising as the same shall from time to time become due and
payable unto my said dear wife Maria Catherine Wales and her Assigns
or permit or empower her and then to receive the same to her and
their own use for and during the term of her natural life and from and
after her decease and in the meantime subject to her life Interest therein

[Page 2]
In Trust as to the said principal residue of my personal Estate & Effects
and the monies thence arising for and for the benefit of all and every my
children by my said dear wife that shall be living at my death or born
in due time afterwards share and share alike and if only one such
child in trust for such only child their respective shares of and in the
said trust monies and premises and in any accrued share there of under
the proviso hereinafter contained in that behalf to be vested and
transmissible interests in them respectively when and as they shall
respectively attain their ages of twenty one years or be married which
shall first happen but the payment and transfer thereof to be postponed
till after the death of my said dear wife if she shall be then living provided
that in case any of my said children if more than one shall happen to
die under the age of 21 years and unmarried his or her share shall
go and belong to the Survivors and Survivor of them share & share
alike or to the Sole Survivor & so often as the case shall happen & I
will and direct that the interest of their respective shares after the
decease of my said dear wife during their respective minorities be
accumulated for their benefit with power nevertheless for my said
trustees and Ex[ecut]ors their Ex[ecut]ors and Adm[inistrat]ors to apply the whole or any
part or parts of such interest at their discretion after my said wife's
decease in or towards the maintenance and Education of my said
children during their respective minorities in and of or in addition to the
provision made for them in that behalf by virtue of & under my
marriage articles and in case I shall leave no child or children living
at my death or born in due time afterwards or in case all such children
shall happen to die before any of them shall attain the age of 21 years
or be married then subject to the life interes of my said dear wife
therein I give & bequeath all the aforesaid residue of my personal
estate & effects and the monies thence arising unto my said three
sisters Mary Womack Sarah Womack and Abigail Manners if
they shall be then living equally share and share alike or to the
Survivors or Survivor of them who shall be then living provided
& my will is that if any of my said Sisters shall be then dead
having left issue then living such issue shall be intitled to the
same share that their mother would have taken under this my
will had she been then living and in case all my said three sisters
shall be then dead without leaving any issue then living such
residue of my said personal Estate and effects subject to my said
dear wife's life interest therein shall be held in Trust for such person
or persons as would then be intitled to the same under and by virtue
of the Statute of Distribution of Intestates Effects in case I had then
died intestate and unmarried And I will and declare that none
of my said trustees their Ex[ecut]ors or Adm[inistrat]ors shall be answerable for
any other of them or for any money to be received by virtue of the
trusts aforesaid any otherwise than each person for such sum & sums
of monay as he or she shall respectively actually receive & that each
& every of them their Ex[ecut]ors or Adm[inistrat]ors shall & may out of the said trust
monies reimburse themselves all such costs charges damages and
expenses as they or any of them shall sustain expend or be put unto
in & about the execution & performance of the trusts hereby in them
reposed & I do hereby constitute & appoint my said dear wife Maria
Catherine Wales and Archibald Blair of Bayford in the County of
Herts Esquire and William Eyre of Edmonton in the County of Midd[lese]x
Winemerchant Executrix and Executors of this my will & hereby
revoking all former & other wills by me at any time heretofore made &
declaring this to be my last will & Testament In Witness whereof I have
to this my las will and Testament contained in one sheet of paper set
my hand and seal the eleventh day of September in the year of our Lord
One thousand eight hundred and two - Jno Wales [L.S.] - Signed

[Page 3]
sealed published and declared by the said Testator John Wales as &
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 hereunto subscribed
our names as Witnesses. Edmd Chalmer Middle Temple - Willm Chalmer
his Son /-/

August 26th 1803 Bombay. Being about to prosecute a
Service when perhaps it may please God to call me to himself and
being convinced my dear wife Maria Catherine Wales in such case or
Event would but be indifferently situated in this world I do hereby
constitute and make her my sole heir to all & every thing I possess and
revoke the legacies before mentioned to my Sisters in consequence of
the reduced State of my finances trusting to my dearly beloved wife
aforenamed in case she should be prgnant will leave the remains
of my property to him or her when of age indeed it is scarcely necessary
to mention this from the knowledge I have of her amiable and
excellent disposition /-/ Jno Wales [L.S.] /-/

Potters Bar April 17th 1809. In a few Days I shall embark for
Calcutta and again confirm the above Codicil for the reason therein
contained Witness my hand Jno Wales [L.S.]

8th March 1811.
On which day appeared personally Levi Philipps of Guildford
Street in the County of Middlesex Esq. amd Edmund Chalmer
of the Middle Temple London Gentleman and by virtue of their corporal
Oaths deposed that they knew and werewell acquainted with John
Wales late of Potters Bar in the Parish of South Mimms in the County
of Hertford but a Captain in the Hon[oura]ble the East India Company's
Marine Establishment at Bombay and Marine Surveyor General
in the Service of the said Company at Calcutta in the East Indies Esquire
deceased and also with his manner and character of handwriting
having frequently seen him write & subscribe his name & having now
carefully viewed and perused the paper writings hereunto annexed
purporting to be two Codicils to the last will & Testament of the said
deceased the first of the said Codicils beginning thus "August 26 1803
"Bombay Being about to prosecute a Service" ending thus "From
"the knowledge I have of her amiable and excellent disposition"
and thus subscribed "Jno Wales" and the second of the said Codicils
beginning thus "Potters Bar April 17. 1809" ending thus "Witness
"my hand" and thus subscribed Jno Wales" they these Deponents do
say that they verily & in their consciences believe the name and
subscritption "Jno Wales" so respectively set and subscribed to each of
the said Codicils beginning and ending as aforesaid to be of the
proper handwriting and subscription of him the said John Wales Esq
deceased /-/ L Philipps - Edmd Chalmer /-/ Same day the said Levi
Philipps and Edmund Chalmer were duly sworn to the truth of this
Affidavit before me /-/ C. Cooke Surr[ogate] /-/ Present Geo. Bogg Not[ary] Pub[lic] /-/

Proved at London with two Codicils 9th March 1811 before the
Worshipful Charles Coate Doctor of Laws and Surrogate by the Oath
of Maria Catherine Wales Widow the Relict one of the Ex[ecut]ors power
reserved to Archibald Blair Esq. and William Eyre Esq. the other
Ex[ecut]ors /-/

Sources

  1. PROB 11/1520/169 Description: Will of John Wales, first Lieutenant in the Honorable East India Company's Marine Establishment of Bombay , East Indies Date: 09 March 1811 Held by: The National Archives, Kew




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