Will of Sir Hugh Christian, Rear Admiral, 1799

Date: [unknown] [unknown]
Location: [unknown]

This is a transcription of the register copy of the will of Sir Hugh Cloberry Christian KB, Rear Admiral in the Navy. It was drawn up on 12 September 1795 before he was knighted, with a Codicil added 14 September 1797 after he was inducted into the Order of the Knights of the Bath. The will was proved at the Prerogative Court of Canterbury on 18 June 1799. ^[1]

Transcription conventions used in this text:

• Spelling, punctuation and line breaks are as per the original document.
• The text was originally in one block of text. Paragraph breaks at change of bequest ("Item"), and bold text for names have been added for ease of reading.
• Where present, ff has been rendered as F, and the old letter Thorn has been rendered as th.
• Abbreviations and breviographs have been expanded in [square brackets].
• Additions and margin notes, where they occur, have been added where indicated in the text.
• Crossings through, where they occur, have been included Struck out.
• The image quality was just about acceptable, and the handwriting legible.

Persons mentioned:

• Hugh Cloberry Christian Rear Admiral of the Blue. Testator. Wishes to be buried at the parish church of Northwood, Isle of Wight
• Ann Leigh my now wife Ann was his only wife and died two months after the Testator. Their marriage settlement concerns the property at Hook Norton, Oxfordshire.
• Five children now living, all under the age of 21 years:
  • Hood Hanway Christian my Eldest son
  • Hugh George Christian
  • Ann Christian
  • Mary Christian
  • Johanna Christian
• Barnabas Leigh of Thornley in the Isle of Wight Esquire Testator's brother in law. Executor
• Reverend Doctor Henry Worsley of Pidford in the same Island Executor
• William Bray of Great Russell Street Executor
• John White of Soho Square in the Liberty of Westminster Esquire Executor added in the Codicil

[Folio 241 recto]
In the Name of God Amen
I Hugh Cloberry Christian Rear Admiral of the Blue in
His Majesty's Navy being of sound and disposing Mind
and Memory do hereby declare this following disposition
of my Property to be my last Will and Testament revoking
all former Wills First I resign my Soul to that being
who formed it trusting that through the Intercession
of my Saviour Jesus Christ it may be admitted to those
Regions where care and pain are never known my
Body to be decently buried whereever it may Chance
to fall Yet expressing a wish that it may be placed
in the parish Church of North Wood in the Isle of
Wight if the distance should be such as may
conveniently [large space in this line in text] admit
of such trouble having no other intention thereby than
that as the probable intercourse my Children may
have with that Church may be frequent ^ ^they may as
frequently recollect they once had a Father whose
Principal Anxiety was for their Welfare I give unto
my wife Ann the Sum of Five hundred pounds to be
paid to her within one Month after my decease to
provide Mourning and other necessaries for herself
and ^ ^my Children in the next place I will that my
Just debts be paid out of my Personal Estate if
sufficient for that purpose which I have no Doubt
it will be but if otherwise then I will that my
said Debts be paid out of my Real Estate herein
after directed to be sold whereas previous to my
Marriage with Ann Leigh my now wife I did by
Indentures of Lease and Release bearing date
respectively the third and fourth days of March one
thousand seven hundred and seventy five Convey and
assure my Manor or Lordship called Dymocks Manor
in Hook Norton and Rollwright or elsewhere in
the County of Oxford and also a Messuage Farm
and Lands [margin insertion: situate in Hook Norton aforesaid or elsewhere in the said County of Oxford and a Messuage Farm and Lands] situate in Eversholt in the County of
Bedford To the use of me the said Hugh Cloberry
Christian and my Heirs until the then intended
Marriage should be solemnized and from and after
the solemnization thereof to the use of me and my
Assigns for the term of my natural life without
Impeachment of Waste and from and after my
decease To the use and behoof of my said then
intended and now Wife Ann for the term of her
natural life and from and after the decease of
the Survivor of us To the use of all and every or
such one or more of the Child or Children of
my Body on the Body of the said Ann to be
begotten and for such Estate and Estates and in
such parts shares and proportions ^ ^{manner and form} with or

[folio 241 verso]
without power of revocation as I should at any time
or times during my life by any Deed or Deeds writing
or writings under my hand and Seal excepted in the
presence of two or more Credible Witnesses [margin insertion: or by any last Will and Testament in Writing to be by me signed Sealed and published in the presence of three or more credible witnesses] Direct limit
or appoint and in default of such Direction Limitation
or appointment or in Case any such should be when
and as soon as the Estates and Interests thereby
Limited should respectively end and determine and as
to such part and parts of the Premisses whereof
no such direction Limitation or appointment should
be made to the use and behoof of all and every the
Child and Children of me the said Hugh Cloberry
Christian on the body of ^ ^{the said Ann} my then intended and
now wife to be begotten to be equally divided between
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 Child
or Children issuing in manner therein mentioned
and for default of all Issue to the use of me the said
Hugh Cloberry Christian my Heirs and Assignes for
ever

And whereas the said then intended Marriage
between me and the said Ann Leigh afterwards
took Effect and I have Issue now living by the
said Ann five Children (Vizt) Hood Hanway
Christian my Eldest son Hugh George Christian
Ann Christian Mary Christian and Johanna
Christian and whereas I have not yet executed
and Deed of appointment of the said Estates
Now in pursuance and exercise of the power to me
given in and by the said in part writed settlement
and in exercise of all other powers me thereto
enabling I do by this my last Will and Testament
give devise direct limit and appoint my said
Manor Messuages Farms Lands Tenements and
Heredit[amen]ts in the said Counties of Oxford and Bedford
in my said Settlement mentioned and described from
and after the decease of my said Wife unto my
said Eldest Son Hood Hanway Christian and the
heirs of his Body lawfully to be begotten and in
default of such Issue unto my said Son Hugh George
Christian and the heirs of his body lawfully to be
begotten and for default of such Issue unto such after
born Son or Sons as I may have by my said wife
Ann and the Heirs of the Body and Bodies of
such Son or Sons lawfully Issuing the Elder of such
after born Son or Sons and the Heirs of
his Body being always preferred and to take before
the younger of such after born Sons and the Heirs

[Folio 242 recto]
of his and their Body and Bodies and in default
of such Issue to the use of all and every my
Daughter and Daughters by my said wife Ann
already born or hereafter to be born equally to
be divided between 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 issuing and in default of
all such Issue to my own Right Heirs for ever

Also
I give ^ ^devise and bequeath unto Barnabas Leigh of
Thornley in the Isle of Wight Esquire the Reverend
Doctor Henry Worsley of Pidford in the same Island
and to William Bray of Great Russell Street and
to their Heirs and Assigns for ever All other my
Freehold Copyhold and Leasehold Estates whatsoever
and wheresoever I having surrendered the Copyhold
part thereof to the use of my Will Upon Trust
that they my said Trustees and the Survivors and
Survivor of them and the Heirs of such Survivor
do and shall as soon as conveniently may be
after my decease sell and dispose of the same by
Publick Sale or by Private Contract in such parts
and in such manner and at such time or times as
they my said Trustees or the Survivors or Survivor
of them or the Heirs of such Survivor shall think
most advisable and pay and dispose of the Money
arising by such sale of Sales in manner hereafter
directed And I will that the receipt of receipts of
my said Trustees or of the Survivors or Survivor
of them or the heirs of such Survivor shall be
full discharges to the purchasor or Purchasors of
the said Estates or of any Part or Parts thereof
that such Purchasor or Purchasors shall not be
bound to see to the application thereof or to be
responsible for the misapplication or nonapplication
thereof And I do will and direct that my said
Trustees and the Survivors and Survivor of them
and the Heirs Executors or Adm[inistrat]ors of such Survivor
shall out of the Money arising by such Sale or
Sales in the first place pay all Costs and Charges
attending such Sale or Sales and the Costs of all
or any of my said Trustees therein and then in
payment of my just Debts Funeral Expences and
Probates of this my Will if my Personal Estate
shall not be sufficient for that purpose and that
they do and shall place out the remainder thereof
on Government or Land Security and pay the
Interests Dividends and Proceeds thereof as the

[Folio 242 verso]
same shall be received unto my said Wife Ann
Christian for the term of her natural life if she so
long Continue my Widow and the better to enable
her to Educate and Maintain my said Children
and from and immediately after the decease of my
said Wife or from and immediately after her
Marrying again which shall first happen I give
devise and bequeath all such Monies and the
Securities in which the same shall be vested unto
my said Children Ann Christian Mary Christian
Hugh George Christian and Johanna Christian and
to such other Child or Children as I may have born
hereafter equally to be divided between them share
and share alike as Tenants in Common the share
and shares of such of them as are Sons to be paid
and transferred at their respective ages of twenty
one and of such of them as are Daughters at their
respective ages of Twenty one and of such of them as
are Daughters at their or day of Marriage
which shall first happen and to be vested Interests
in such Child or Children at such respective ages
or times but such payments and transfers not to
be made until after the decease or remarriage of
my said Wife and if my said Son Hood Hanway
Christian shall die before the age of twenty one
without lawful Issue whereby my said Son Hugh
George will become entitled to the said Estates
Comprised in my said Settlement or if any other
younger Son shall by the decease of his Elder
Brother or Brothers become entitles to such Estates
and if any or either of my said Younger Children
being a Son or Sons shall die before the age of
twenty one years or if any of either of my said
Younger Children being a Daughter or Daughters shall
die under the ages of twenty one years unmarried
the Share or Shares of such Son or Sons becoming
and Elder or Only Son and the Share and Shares
of either her or them so dying before the age of
twenty one or Marriage shall go and belong to
and vest in the Survivors or Survivor of them
at the same time with his her or their Original
Portion and such benefit of Survivorship or
accrual as to the Original shares and in the
mean time after the decease or remarriage of my
said wife and until the said Portions shall
respectively become payable the Interest Dividends
and proceeds of the Principal Money shall be
paid and applied to and for the Maintenance and
Education of such Children according to their his

[folio 243 recto]
or her presumptive share in such
and if all my Children shall die being Sons under
the age of twenty one Years and being Daughters
under that age and unmarried Then I give and
devise that the said Principal Money and the Security
or Securities on which the same shall them be vested
unto [blank space running over two lines and marked "Orig" in the margin]
and in the mean time and
until such sale or sales I will and direct that my said
Trustees and the Survivors and Survivor of them and
the Heirs and Assigns of such Survivor do and shall pay
and apply the Rents Issues and Profits of the said
Heredit[ament]s and Premises unto such Person or Persons
and in such parts shares and proportions and in such
manner as I have above directed with respect to the
Interest Dividends and proceeds of the Money to arise
by such Sale or Sales provided always and I do hereby
authorise and Empower my said Trustees and the
Survivors and Survivor of them and the Executors and
Assigns of such Survivor notwithstanding the aforesaid
direction as to the time of payment of the said several
legacies to and amongst my said Children to advance
to any of them being a Son or Sons before their said
age of twenty one years or Day or Days of Marriage
by and out of their respective Legacies such Sum or
Sums of Money as Will be sufficient to put them out
to any Profession Trade or Business in the life time
of my said Wife if she do so before she shall be
remarried make a request or requests in Writing
to that purpose and that they may so do at there
own discretion after the death or remarriage of my said
Wife Provided that the Money so to be advanced do
not exceed one third of the Presumptive Share of such
Child or Children And whereas since making my said
Marriage Settlement I have purchased certain Lands
Heredit[ament]s and Premises situate at or near Hook Norton ^aforesaid
which are now lett together with my Original Estate
there to Samuel French and the Rent of which after
purchased Lands I estimate at Forty four pounds per
Annum and my said Estate at Everholt is now lett at
Forty four pounds per Annum so that the same are
of very nearly equal value And whereas it will be
convenient and desirable that my said after purchased
Estate may be annexed to my Original Estate at
Hook Norton Now it is my Mind and Will and I do
order ^ ^{and direct} that my said Trustees or the Survivors or Survivor
of them shall not sell that part of my Estate at
Hook Norton or elsewhere in the County of Oxford
which I have purchased since making my Settlement
until six Calendar Months after Some one of my Sons
shall attain the age of twenty one Years and become
entitled to take Possession of the Estates Comprized

[Folio 243 verso]
in my said Settlement and if such Son shall
within six Calendar Months after he shall attain
such age and be in Possession of such Estate (if he
shall ^ ^then be in England and if not then in England then
in six Calendar Months after the shall return to
England signify in writing under his hand his desire
that my said Trustees or the Survivors of Survivor
of them or the Heirs or Assigns of such Survivor shall
Convey my said after purchased Lands and Heredit[ament]s
to him in lieu of and in Exchange for my said
Estate at Eversholt Then I will and direct that upon
such Son Conveying my said Estate or Eversholt at
his own expence to my said Trustees and the Survivors
and Survivor of them and the Heirs and Assigns of
such survivor Upon Trust to sell the same and apply
the Money arising thereby and the Interest Dividends
and proceeds thereof and the rents and proceeds
of such Estate until such sale upon such Trusts
and unto or for such person or persons and in such
shares and proportions and with such benefit of
Survivorship and in such manner and form as I have
herein before directed with respect to the other Estates
by me hereinbefore described to be sold then I will and
direct that my said Trustees and the Survivors
and Survivor of them and the Heirs and Assigns of
such Survivor do and shall Convey and Assure my
said after purchased Estate at Hook Norton unto
such Son in lieu and Exchange for the said Estate
at Eversholt and to the Heirs and Assigns of such
Son for ever And I Will that such Son his Heirs
and Assigns shall from thenceforth hold and enjoy
my said after purchased Lands and Heredit[ament]s at
Hook Norton aforesaid or elsewhere there freed and
discharged from all and every the Trusts hereinbefore
declared concerning the same and from all payments
and demands thereout under and by virtue of this
my Will And I Will that my Trustees shall not
be answerable or accountable the one for the other of
them or for any Money that may be lost without
their wilful default but each of them for his own Acts
Deeds and wilful Defaults and that by and out of the
Monies which shall come to their hands it shall
be lawful for them to retain or to pay to each other
all Costs which they shall respectively sustain and
necessarily be put to in Execution of the Trusts hereby
reposed in them And all the Residue of my Personal
Estate after payment of my Debts Funeral Expences and
Probate of my Will I give to all my Children
now born or hereafter to be born equally to be

[Folio 244 recto]
divided between them share and share alike as Tenants
in Common and not as Joint Tenants And I appoint
the said Barnabas Leigh Henry Worsley and William
Bray Executors of this my Will and I Appoint my
said Wife so long as she shall remain my Widow and
the said Barnabas Leigh Henry Worsley and William
Bray Guardians of my said Sons until they shall
respectively attain their ages of twenty one Years [margin note: and of my said Daughters until they shall respectively attain their ages of twenty one years] or be
married In Witness whereof
I the said Testator have to this my Will and to a
Duplicate hereof each contained in seven sheets of
paper set my hand and Seal (that is to say) my hand
to the first six sheets and my hand and Seal to this
seventh and last sheet hereof this twelfth day of
September in the Year of our Lord one thousand seven
hundred and ninety five - H. C. Christian {Seal} - Signed
Sealed Published and Declared by the said Testator as
and for his last Will and Testament in the presence
of us who at his request in his presence and in the
presence of each other have subscribed out names as
Witnesses hereto - Clem^t - Mason Chamberlin -
Great Russell Street - Mylam Garling Clk to Mr Bray

This is a Codicil
to the last Will and Testament of me Sir Hugh Cloberry
Christian Admiral of His Majesty's Navy and Knight
of the Most Honourable Order of the Bath late
Hugh Cloberry Christian Esquire Whereas in and by
my Will I have given and devised unto Barnabas
Leigh of Thorley in the Isle of Wight Esquire the
Revs Dr Henry Worsley of Pidford in the same Island
and to William Bray of Great Russell Street
Bloomsbury in the County of Middlesex Esquire and
to their Heirs and Assigns for ever all my Freehold
Copyhold and Leasehold Estates whatsoever and
wheresoever except certain Estates in the Counties of Oxford and Bedford in my Marriage Settlement and
in my said Will mentioned upon Trust that they my
said Trustees and the Survivors and Survivor of them
and the Heirs of such Survivors do as soon
as conveniently may be after my decease sell the
same in manner therein mentioned and pay and
disposed of the Money arising thereby in manner
therein after directed
And whereas I am desirous of adding my Friend
John White of Soho Square in the Liberty of

[Folio 244 verso]
Westminster Esquire as a Trustee for the purposes of
my said Will and that during the life of my Wife
no part of my Estate may be sold without her
Consent in Writing Now I do hereby give devise and
bequeath all my Freehold Copyhold and Leasehold
Estates which in my said Will I have devised to the
said Barnabas Leigh Henry Worsley [margin note: and William Bray unto the said Barnabas Leigh Henry Worsley] John White and
William Bray and to their Heirs and Assigns for
ever Upon Trust that they the said Barnabas
Henry Worsley John White and William Bray
and the Survivors and Survivor of them and the
Heirs of such Survivor do sell and dispose of the
same at such time or times and in such manner
as in my said Will is directed except that no part
of the same be sold in the life time of my said Wife
without her Consent in Writing and I give to the
said Barnabas Leigh Henry Worsley John White
and William Bray and to the Survivors and Survivor
of them and the Heirs of such Survivor all
Power and Indemnities as in my Will are given
to the said Barnabas Leigh Henry Worsley and
William Bray only and I will that the Receipts of
my said Trustees shall be full discharges to purchasors
as in my s[ai]d Will is mentioned And I appoint the said
John White a Joint Executor with the Executors in
my said Will named and a Joint Guardian of my
Children as in my said Will is appointed and in all
other respects I ^ ^{ratify and} confirm my said Will In Witness
whereof I have hereunto set my hand and Seal the
Fourteenth day of September One thousand seven
hundred and ninety seven - Hugh C. Christian {seal} -
Signed Sealed Published and Declared by the said Sir
Hugh Cloberry Christian as a Codicil to his last Will
and Testament in the presence of us who have subscribed
our names as Witnesses hereto in the presence of the
said Testator and of each other - Anthy Hunt Capt
in the Royal Navy - Lachⁿ Mac Lean Secretary to
Rear Admiral Sir Hugh Hugh C: Christian K: B - Clementina
Elphinstone - East Barnet

This Will was proved at London with a
Codicil the eighteenth day of June in the Year of our
Lord one thousand seven hundred and ninety nine before
the Right Honourable Sir William Wynne Knight Doctor
of Laws Master Keeper or Commissary of the Prerogative
Court of Canterbury lawful constituted by the Oaths of
the Reverend Henry Worsley Doctor in Divinity and William
Bray Esquire two of the Executors named in the said

[Folio 245 recto]
Will and John White Esquire the Executor named in the
said Codicil to whom Administration of all and singular
the Goods Chattels and Credits of the said deceased was
granted having been first sworn by commission duly to
Administer (to wit) the said Henry Worsley by Commission
the said William Bray before the Worshipful Christopher
Robinson and the said John White Esquire before the
Worshipful Alexander Croke respectively Doctors of Law
and Surrogate of the said Commissary Power reserved of
making the like Grant to Barnabas Leigh the other
Executor named in the said Will when he shall apply
for the same

Sources

1. ↑ Will of Sir Hugh Cloberry Christian 1799: "England & Wales, Prerogative Court of Canterbury Wills, 1384-1858"
   The National Archives; Kew, Surrey, England; Records of the Prerogative Court of Canterbury, Series PROB 11; Class: PROB 11; Piece: 1325
   Ancestry Sharing Link - Ancestry uk Record 5111 #103846 (accessed 25 November 2023)