Will of Richard Fitzwilliam 5th Viscount

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Will of Richard, 5th Viscount Fitzwilliam of Merrion

Will – Richard, 5th Viscount Fitzwilliam of Merrion

Richard Fitzwilliam Will - dated 8 January 1743 (codicil 12 January 1743);died probate: 20 Apr 1744 - foliio 324-326

I Richard Fitzwilliam Esquire late Governor of the Bahama Islands in America being sick and weak of body but of sound disposing mind memory and understanding Do make and publish this my last Will and Testament in manner following (that is to say)

Imprimis I recommend my Soul to Almighty God and my body to the Grave to be decently interred at the discretion of my Executors herein after named and my Will is that the expense of my funeral and of erecting a Monumet upon or near my Grave shall not exceed the Sum of three hundred pounds

Item I will order and direct that all the just debts which I shall owe at the time of my death and my funeral Expenses shall in the first place be paid and satisfied

Item I will order and direct that Richard Shelley Esquire one of the Commissioners of the Stamp Office and one of my Executors hereinafter named do and shall retain in his hands the Sum of one thousand pounds of lawfull Money of Great Britain in Trust to pay the Interest thereof after the rate of four pounds per cent per Annum into the Right honourable Frances Lady Viscountess Fitzwilliam during her natural life by half yearly Payments and after her decease In Trust to pay the said principle Sum of one thousand pounds unto her Son the honourable William Fitzwilliam Esquire for his own proper use and benefit

Item I give and bequeath unto the Right honourable Mary Countess of Pembroke the Sum of Two thousand pounds of the like lawfull Money to be paid to her within three Months [nept?] after my decease

Item I give and devise All that my Messuage or Dwelling house with the Appurtances in Dover Street in the Parish of Saint George in the County of Middlesex (which I lately purchased) unto the said William Fitzwilliam Esquire his heirs and Assigns for ever

Item I give and bequeath to the said William Fitzwilliam All my household goods Implements of household and place whatsoever

Whereas I am possessed of one Annuity of One hundred and seventy pounds per Annum on the redit of an Act of Parliament entitled an Act for raising Money by several Annuities er and to commence from and after the death of John Will of the Close in Salisbury and Elianor his wife for the residue er the term of Ninety nine years to be computed from the Twenty fifth day of March One thousand seven hundred and twenty four as by a Tally order (No. 928) and an Assignment thereof from Mr. Edward Emmett Merchant to me may Appear Now I do hereby give and bequeath the said Annuity of One hundred and seventy pounds per Annum to the said Annuity of One hundred and seventy pounds per Annum to the said Richard Shelley In Trust to pay and dispose thereof to and amongst my Five sisters hereinafter named in such proportions and manner as hereinafter expressed (that is to say) unto my Sister Margarett Archbold the yearly Sum of Forty pounds of lawfull Money of Great Britain for and during the term of her natural life and unto my Sister Civily Dromgold the yearly Sum of Ten pounds of like Money for and during the term of her natural life and unto my Sister Mary Barrett the yearly Sum of Forty pounds of like Money for and during the Term of her natural life and unto my Sister Dorothy Archbold the yearly Sum of Forty pounds of like Money for and during the term of her natural life and unto my Sister Rose Berford the yearly Sum of Forty pounds of like Money for and during the term of her natural life and I do hereby order and direct the said Richard Shelley to pay the said several annuities or yearly Sums out of the said Annuity so given to him In Trust as aforesaid into the respective hands of the said Margaret Archbold Civily Dromgole Mary Barrett Dorothy Archbold and Rose Berford or of such other person or persons as they shall respectively appoint at Lady-day Midsummer-day, Michaelmas-day, and Christmas-day in every year by even and equal portions without and deduction or abatement whosoever and at such place or places as the said Richard Shelley shall think proper The first payment of the said Annuities or yearly Sums to be made on Such of the said Days as shall first happen next after my decease

And my Will and Intention is that the said Margaret Archbold Civily Dromgole Mary Barrett Dorothy Archbold and Rose Berford shall have and receive the said yearly Sums so by me respectively given to them as aforesaid to and for their sole and separate use and uses not subject to the [contronl?] or lyable to the Debts or Engagements of their present or any future hysbands and that the acquittances and Receipts alone of them the said Margaret Archbold Civily Dromgole Mary Barrett Dorothy Archbold and Rose Berford without their present or future husbands shall be sufficient discharges to the said Richard Shelley for what Sums he shall pay them in pursuance of this my Will

Item Whereas I am possessed of the Town and Lands of Tully and several of the Lands in the County of Westmeath in the Kingdom of Ireland by virtue of a Lease for Years to me lately assigned by Frances McAmy Esquire Now I do hereby Will order and direct that by and out of the rents issues and profit of the said Leasehold Interest the Yearly Sum of Forty pounds be ??? to Robert French of the City of Dublin Edquire (another of my Executors hereinafter named) for and during the life of my Sisters Alice Miller In Trust for the said Alice Miller for her life in case my Term and Interest in the said Lands shall so long continue) for her sole and separate use without the controul, intervention or disposal of her presentation and or any other husband she may hereafter Marry and that her Receipt and discharge only shall be sufficient and no other, the said Annuity to be paid to her by equal half yearly payments on every first day of November and first day of May Nearly the first payment thereof to be made on such of the said Days as shall next happen after my decease And my Will and Intention is that the Receipts of the said Alice Miller for the said Annuity and no other shall be good and sufficient discharges for the same notwithstanding her Coverture

Item I give and bequeath unto my Niece the only Daughter now living of my said Sister Alice Miller the Sum of five hundred pounds of lawfull Money of Ireland to be paid her in Ireland when she shall attain her age of one and twenty Years And I will direct that my Executor there shall pay Interest for the said Sum of five hundred pounds after the rate of five pounds per Centum per Annum Yearly unto my said niece for and towards her Maintenance and Education until this Legacy shall be paid

Item I remit unto my Nephew Lieutenant Patrick Dromgole the Debt of one hundred pounds due to me upon his Estate by Bond and Judgment from his father to Mrs. Margaret McKay and which she hath lately transferred and assigned to me together with all the Interest due [his reon?] And I do also remit unto my said nephew all other debts Sum or Sums of Money which he at this time owes me And I give and bequeath to the said Patrick Dromgole my nephew All my personal Estate in the Island of New Providence in America

Item I give and devise my house and Lands called Mount Fitzwilliam in the said Island of New Providence unto my nephew Paul Dromgole for and during the term of his natural life and from and after his decease I give and devise the said house and Lands to the heirs Male of the body of the said Paul Dromgole lawfully begotten or to be begotten, and for want of such issue I give and devise the said the said house and Lands in New Providence aforesaid unto the said Patrick Dromgole for and during the Term of his natural life And from and after his decease I give and devise the same house and Lands to the heirs male of the body of the said Patrick Dromgole lawfully begotten or to be begotten And for default of such Issue I give and devise the said house and Lands to the person or persons who will be entitled to the residuary part of my Estate by virtue of this my Will his and their heirs and assigns for Ever

Item I give unto my niece Mary Dromgole the Sum of Two hundred pounds of lawfull Money of Ireland to be paid to her in Ireland when she shall attain her age of one and twenty Years And I will and direct that my Executor there shall pay Interest for the said Sum of Two hundred pounds after the rate of five pounds per Centum per Annum Yearly unto my said niece Mary Dromgole for and towards her maintenance and Duration until this Leagacy shall be paid

Item I give and bequeath unto all and every the Child and Children of the [scil?] Mary Barrett Dorothy Archbold and Rose Burford that shall be living at the time of my death the Sum of five hundred pounds a piece of lawfull Money of Ireland to be paid unto them by my Executor there when and as they shall severally attain their Respective Ages of one and twenty Years And I direct that my Executor in Ireland shall pay Interest after the rate of five pounds per Centum per Annum Yearly unto each and every one of them the said Child and Children from the day of my death until their respective Legacies shall be paid for and towards their maintenance and education And in case any of the said Child or Children or the said Daughter of my said Sister Alice Miller shall happen to dye before his her or their Legacy shall become one and payable Then I declare my will to be that the Lregacy or part of my personal Estate

Item I remit unto Mr. James Archbold Mr. Edward Barret and Mr. Richard Berford respectively whatever Sum or Sums of Money they or either of them shall or may happen to be indebted to me at the time of my decease

Item I give and bequeath unto my Uncle and Affectionate friend Mr. Thomas Lutrell of Dublin Merchant of the Sum of Five hundred pounds of lawfull Money of Ireland in consideration of the trouble he has had in the management of my Affairs in Ireland

Item I give and bequeath unto the said Thomas Luttrell the Sum of two hundred pounds of like lawfull Money to be by him distributed by or in such proportions among such of my poor Relations as he shall judge most proper

Item I give and bequeath unto my Affectionate friend the said Richard Shelley Esquire the Sum of five hundred pounds of lawfull Money of Great Britain

Item I give and bequeath unto my Affectionate friend the said Robert French Esquire the Sum of Two hundred pounds of lawfull Money of Ireland in consideration of the trouble he will necessarily be put unto in the Execution of the Trust reposed in him by this my Will

Item I give to my Servant Henry Foy the Sum of Ten Pounds of lawfull Brittish Money provided he be in my Service at the time of my death and not otherwise

Item all the rest residue and remainder of my real and personal Estate of what nature or kind soever and the several Estates and Interests I have therein (after payment of my Debts funeral expenses and Legacies) I give devise and bequeath unto the said Richard Shelley his heirs Executors and Administrators upon this special Trust and Confidence following (that is today) In Trust for my Nephews James Miller Robert Archbold Michael Barrett and Michael Berford to be equally divided amongst them by equal shares and proportions when the youngest of them the said James Miller Robert Archbold Michael Barrett and Michael Berford shall have attained the age of one and twenty Years And in Trust in the meantime to pay and dispose of the Yearly produce of my said residuary Estate or as much thereof as the said Richard Shelley shall think fit) for and towards the maintenance and education of my said four Nephews and piaring? them out to such professions or Busnieesses as he the said Richard Shelley shall think proper And I do appoint the said Richard Shelley Guardian of my said four Nephews till they shall attain their respective ages of one and twenty Years And I do hereby nominate and appoint the said Richard Shelley Executors of this my Will as to such part of my Estate as lyes within the Kingdom of Great Britain and the said Island of New Providence and I do nominate and appoint the said Robert French Executor of this my Will as to such part of my Estate as lyes within the Kingdom of Ireland and do hereby authorize and empower the said Richard Shelley from time to time as he shall see occasion to call out of the hands of my said Executors in Ireland so much of my personal Estate there as shall be sufficient to pay and discharge any debts or Legacies which my Executor in Great Britain shall be obliged to pay by virtue of this my Will and which my personal Estate there shall not be sufficient to satisfy and discharge

And Lastly I do hereby revoke all former and other Wills by me at any time heretofore made

In Witness whereof I have to this my last Will and Testament written and contained in these four sheets of paper affixed together Set my hand and pen to oath & sheet the Eighth day January in the Year of our Lord God One thousand seven hundred and forty three

Rd. Fitzwilliam //

Signed Sealed Published and declared by the said Testator Richard Fitzwilliam to be his last Will and Testament in the Presence of us who in his presence have subscribed our Names as Witnesses thereunto

D. Hartley, Eliz. Writtle, Jon. Little ////

Codicil I Richard Fitzwilliam Esquire Late Governor of the Bahama Islands in America do make and declare this a Codicil to be annexed to my last Will and Testament and to be taken as a part thereof

First I do nominate William Fitzwilliam Esquire Guardian of my Nephews Paul Dromgole and Patrick Dromgole until they shall attain their respective ages of one and twenty Years

Item I give and bequeath unto the said William Fitzwilliam the Sum of one hundred pounds of lawfull Money of Great Britain to be paid him imediately after my decease in consideration of the Trust I have now reposed in him as Guardian of my said Nephews and I desire that he will pay the Sum of Thirty or Forty pounds out of the Money I have hereby given him to fit out the said Paul Dromgole to sea

Item I give to Mr. Matthew and Reilly the Sum of Twenty five pounds of like Money as a Token of my Friendship for him And I do hereby ratify and conform my said Will in all other Matters and things therein contained

In Witness whereof I have hereunto set my hand and seal this Twelfth day of January One thousand seven hundred and forty three

Rd. Fitzwilliam//

Signed Sealed published and denared in the presence of us

D. Hartley, Eliz. Writtle, Jon. Little

[in margin:] On the 11th July ?? wch with the llist (as annexed) of the Goods Chattles and Credits of Richard Fitzwilliam late of the parish of St. George Hanover Square in the County of Middlesex Esqr. deced left unadstrad? by Richard Shelley Esqr the Executor nam'd in the said Will So far as concerns such part of his Estate as lay within the Kingdom of Great Britain and Island of New Providence [Jinc: at advised?] was granted to James Miller Esqr. the Nephew by the Sister & one of the residuary Legatees John Shelley Esqr. Exec.r named in the Will of Ann Shelley deced (whilst living) the Relict & Executrix of the Will of the said Richd Shelley having first ren?musted? the Exec.n of the Will of the Said Ann Shelley deceased.

The Will was proved at London with a Codicil annext before the Worshipfull Robert Jenner Doctor of Laws Surrogate of the Right Worshipfull John Bettesworth also Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constitute on the Twentieth day of April in the Year of our Lord one thousand seven hundred and forty four By the Oath of Richard Shelley Esquire the Executor named in the said Will To whom Administration was granted of all and singular the Goods Chattles and Credits of the said Deceased within the Kingdom of Great Britain and the Island of New Providence being first sworn duly to Adminster the same./// exd.