Appendix 3
Will of Charles Holmes Esquire late Rear Admiral of the White Squadron of His Majesties Fleet October 21st 1754 with codicil March 10th 1760 and codicil November 9th 1761 (proved March 23rd 1762)
This is the last Will and Testament of me Charles Holmes of Newport in the Isle of Wight and County of Southampton Esquire made this twenty first day of October one thousand seven hundred and fifty four as concerning my Estate I give and dispose thereof in manner following that is to say To my Brother Thomas Holmes of Yarmouth in the said Isle Esquire all Such Sea pieces of painting as I shall be possessed of to be by him placed in the Mansion or dwelling house belonging to the family Estate of my late father at Yarmouth aforesaid and I do desire and direct that the said … pieces of painting shall descend go to and be possessed by the heirs of the said Thomas Holmes who shall or may from time to time thereafter be intitled to the said Mansion house after and in the Name and Nature of an Heir Loom all that my Leasehold Messuage or Tenement Situate and being in Newport aforesaid together with two little plots or pieces of leasehold? Land thereto adjoining and therewith used now in possession of my Honoured Mother Mary Holmes I give and devise to my said Honoured Mother to hold to her and her Assigns for and during the Term of her natural life and from and after her death I do hereby direct that the Executors and Trustees to this my Will shall and do sell and dispose of the said Messuage or Tenement and two pieces or plots of Ground and that the Moneys therefrom arising shall be by them my said Executors and Trustees yielded and shared to and amongst the several persons in such shares and proportions as I have herein and hereby directed the Surplus of my Estate to be by them divided shared and paid all the plate China household and other Linen household and other Goods and furniture that I may have in my dwelling house or houses Except the pictures or paintings above mentioned I give and bequeath unto Henrietta Maria Marshall (now living and residing with me) her Executors Administrators and Assigns I give and bequeath to my Executors hereinafter named the Sum of fifty pounds apiece for their Care and trouble Now in order to Satisfy and discharge my debts Legacies and funeral Expenses I give devise and bequeath all my Goods Chattels and personal Estate of what kindsoever not otherwise herby devised also all my Mannors and Lordships with their Rights members and Appurtenances Also all that Capital Messuage called Middlestreet Situate and being in the parish of Spetisbury in the County of Dorset with the Gardens Stables Buildings Lands and Appurtenances and also all other my Lands Tenements and Hereditaments whatsoever Situate and being in the said Counties of Southampton and Dorset and elsewhere in the Kingdom of England to Sir John Miller of Chichester in the County of Sussex Baronet Warwick Calmady? of Downing Street Westminster and Marmaduke Sowle of Blanford in the said County of Dorset Esquire and to their Heirs? To the use of them and their heirs? Upon Trust that they the said John Miller Warwick Calmady and Marmaduke Sowle and the Survivor of them or the Heirs Executors and Administrators of Such Survivor shall and do with all convenient speed Sell the said Real and personal Estate either together or in parcels as they shall think fit for the best price or prices which can be gotten for the same and apply the monies arising by such Sale or Sales in manner following that is to say In the first place to pay and satisfy thereout all such debts which I shall owe at the time of my death all the Charges that they or either of them shall be put to by Reason of the said Trust or in the Management or Execution thereof and in the next place to pay and Satisfy to the several and respective persons hereafter named the several and respective Sum hereinafter mentioned within three months after my decease that is to say To my Honoured Mother the sum of two hundred and fifty pounds To my Brother Coll Henry Holmes the sum of one hundred and fifty pounds To my Sister Ann Holmes the Sum of two hundred and fifty pounds To my Sister Mary the wife of David Urry Esquire the Sum of fifty pounds To my Sister Elizabeth the wife of the Reverend Thomas Troughear the Sum of seven hundred and fifty pounds to be by her placed to Interest for her Sole use and benefit during her natural life and from and after her death the said sum of seven hundred and fifty pounds to be distributed and paid to such Children as she may have then living in such shares and proportions as she shall by her Will or other Instrument in Writing direct To my Sister Margaret Holmes the sum of two hundred and fifty pounds To my Sister Lucretia the Wife of the said Marmaduke Sowle the sum of one thousand pounds to be by her placed to Interest for her Sole use and Benefit during her natural life and from and after her death the said sum of one thousand pounds to be distributed and paid to such Children as she may have living at her death in such shares and proportions as she shall by her Will or other Instrument in Writing direct To my Sister Valentine the Wife of the reverend Mr Atkinson the Sum of four hundred pounds for her Sole and separate use To my Sister Jane the Wife of Robert Worseley Esquire the Sum of five hundred pounds to be by her placed to Interest for her Sole use and Benefit during her natural life and from and after her death the said sum of five hundred pounds to be distributed and paid to such Children as she may then have living in such shares and proportions as she shall by her Will or other Instrument in Writing direct To my Godson Charles the son of the said Sir John Miller the sum of two hundred and fifty pounds To the before named Henrietta Maria Marshall the Sum of six thousand five hundred pounds To the Treasurer of the Foundling Hospital for the use of the said Hospital the sum of two hundred and fifty pounds And Whereas I have covenanted and contracted to pay to my Sister Margaret Holmes the Sum of thirty four pounds annually during her life in h..? and satisfaction whereof I direct my Executors hereinafter named to pay to her the said Margaret the sum of six hundred pounds on her the said Margaret giving to my said Executors a Release and discharge from the payment of the said Annuity and if the said Margaret shall decline having and receiving the said six hundred pounds in satisfaction of her said Annuity then I direct the said six hundred pounds shall go and be distributed in like manner as my Estate is hereinafter and hereby directed to be distributed and paid and from and after payment of my debts legacies funeral Expences which Expences I leave to the discretion of my Executors and the charges that my said Trustees shall or may be put to by Reason of the said Trust or in the Management or Execution thereof my Will and meaning further is that all the Residue of the Moneys arising by the Sale or Sales of my Estates devised to be sold shall be placed out to Interest upon real Securities or parliamentary funds in the Names of the said Trustees or the survivor of them for the term of Eight Lunary Months to be reckoned from the day of my death and that in case the said Henrietta Maria Marshall S…? within the said term of Eight Lunary Months to be reckoned and computed from the day of my death be delivered of any Child or Children that then the Residue of the said Moneys to arise by the sale or Sales of my Estates devised to be sold as aforesaid shall be by my said Trustees and the Survivor of them contained and kept at Interest on Real Securities or parliamentary funds and the Interest and profit therefrom arising shall be applied for and towards the Support maintainence and Education of such Child and Children that may be born of the Body of the said Henrietta Maria Marshall within the afore limitted time until such Child or Children attain his her and their age and ages of twenty one years at which time I direct the principals Monies so placed to Interest as aforesaid directed and all Interest due thereon shall so soon as such Child or Children attain the said age of twenty one years be paid to such Child or Children But in case the said Henrietta Maria Marshall be not delivered of Child within the said Eight Lunary Months next after my death or that such Children or Child attain not the age of twenty one years then I direct my said Trustees and the Survivor of them to pay out of the Moneys arising by the Sale or Sales of my said Estates To my honoured Mother the further sum of two hundred fifty pounds To my brother Collonel Henry Holmes the further sum of one hundred and fifty pounds To my sister Ann Holmes the further sum of two hundred and fifty pounds To my Sister Mary the Wife of David Urry Esquire the further sum of fifty pounds To my Sister Elizabeth the Wife of the Reverend Thomas Troughear the further sum of seven hundred and fifty pounds to be by her placed to Interest for her Sole use and benefit during her natural life and from and after her death the said sum of seven hundred and fifty pounds to be distributed and paid to such children as she may have living at the time of her death in such shares and proportions as she shall by her Will or other Instrument in Writing direct To my Sister Margaret Holmes the further sum of two hundred and fifty pounds To my Sister Lucretia Wife of the said Marmaduke Sowle the further sum of one thousand pounds to be by her placed to Interest for her Sole use and benefit during her natural life and from and after her death the said sum of one thousand pounds to be distributed and paid to such children as she may have living at the time of her death in such shares and proportions as she shall by her Will or other Instrument in Writing direct To my sister Valentine the Wife of the Reverend Mr Atkinson the further sum of four hundred pounds for her Sole and separate use To my sister Jane the Wife of Robert Worsely Esquire the further sum of five hundred pounds to be by her placed to Interest for her Sole use and benefit during her natural life and from and after her death the said sum of five hundred pounds to be distributed and paid to such children as she may have living at the time of her death in such shares and proportions as she shall by her Will or other Instrument in Writing direct To my Godson Charles the son of the said John Miller the further sum of two hundred and fifty pounds To the before mentioned Henrietta Maria Marshall the further sum of one thousand five hundred pounds To the Treasurer of the Foundling Hospital London the further sum of two hundred and fifty pounds and to the said Sir John Miller Warwick Calmady and Marmaduke Sowle the further sum of fifty pounds apiece for their Care and trouble and from and after payment of my Debts Legacies funeral Expences and the Charges that my said Trustees shall or may be put to by Reason of the said Trust or the Management o Execution thereof my Will and meaning is that all the residue of the Surplus Money to arise by the Sale or Sales of my Estate devised to be sold as aforesaid shall go and be paid to such children of my said sister the Wife of the said Marmaduke Sowle as may be then living and the said Henrietta Maria Marshall if then living in equal shares and proportions and my Will and meaning further is that neither of them the said Sir John Miller Warwick Calmody or Marmaduke Sowle shall be answerable or accountable for any Sum or Sums of Money arising by the Sale of the Estates hereby devised to them as aforesaid other than such as shall come to his hands nor either of them with the receipts payments Acts or defaults of the other of them But each of them for and with his own Receipts payments Acts and Wilful defaults only and for the facilitating and better promoting the Sale of the said Estates my Will and meaning is that the receipt or receipts of my said Trustees under their or his hands or hand on the Back of any purchase deed or Deeds shall from time to time be sufficient discharge to any purchaser or purchasers of all or any part of my Estate hereby devised to be sold for the purchase money or such part thereof as shall be therein acknowledged or expressed to be paid and that after such receipt such purchaser or purchasers shall not be concerned? to see the application of the said purchase money or any part thereof for the purposes aforesaid nor be answerable for any loss or Misapplication of the purchase money so by him or them paid as aforesaid and I do hereby appoint the said Sir John Miller Warwick Calmady and Marmaduke Sowle Executors of this my Will hereby revoking all former Wills by me heretofore made I have to this my last Will and testament set my hand and Seal the day and year first above written Charles Holmes
Signed sealed published and declared by the said Charles Holmes as and for his last Will and Testament in the presence of us who at his request and in his presence and in the presence of each other have subscribed our names as Witnesses hereunto M Vine Heton Sam Allen John Bissel
I Charles Holmes Rear Admiral of the White and Commander in Chief of all His Majesties Ships at and about Jamaica being at present in perfect health and to prevent disputes after my decease do hereby think proper to confirm and declare valid to all intents and purposes my last Will and Testament made some years ago and left with Mrs Henrietta Maria Marshall generally called Mrs Holmes of Duke Street Westminster And whereas considerable additions have been made to my fortune since I left England as well as for divers other considerations I do now also think proper to leave and dispose as follows To Mrs Elizabeth Farrer in consideration of her services done to me I leave an Annuity of one hundred pounds sterling to be paid to her yearly and quarterly during the whole Term of her Natural life and the payment of said Annuity to commence from the day of my decease and in case of my decease in this Country I likewise leave to the said Mrs Farrer one hundred pounds sterling to defray her Expences and carry her to England To Mr Robert White my present Secretary I also leave and bequeath the sum of one hundred pounds sterling to be paid him yearly and quarterly during the whole term of his life the payment to commence from the day of my decease To Yates my Steward I leave thirty pounds sterling per annum as also twenty pounds sterling per annum to each of my Livery servants viz Joseph and Thomas during the whole term of their lives to be paid quarterly and to commence from the day of my decease To my ……. Boy Charles I give freedom with an Annuity of fifteen pounds sterling for his life to commence and be paid as the others aforesaid And lastly I request my friends Sir John Miller Bart Warwick Calmody and my brother in Law Major Sowle who to the best of my Remembrance are Trustees and Executors to the Will in England to see the above Disposition duly and faithfully executed written at my desire by T James Nasmyth at my …. In Jamaica this 9th November 1761 Chas Holmes
Witnesses Rd. Coll Chaplain of the Cambridge Ja Nasmyth
17th March 1762
Appeared personally Harcourt Powell of Antherwick in the County of Bucks Esquire and being sworn on the Holy Evangelists made oath that he well knew Charles Holmes late Rear Admiral of the White Squadron of His Majesties Fleet and is well acquainted with his manner and character of hand writing having often seen him write and having now carefully viewed the paper Writing or Letter or Codicil or Testamentary disposition of the said deceased hereto annexed beginning thus – my dear Henney Marshall and ending thus – my dear Henney very Sincerely and affectionately yours Chas Holmes dated thus – Cambridge at the back of the Isle of Wight 10th March 1760 – with a postscript thereto beginning thus – PS what I have left you in my will and ending thus – yours Chas Holmes in the Chanel 10th March 1760 he saith that he doth verily believe the whole contents of the said paper Writing letter Codicil or testamentary disposition and the said dates and Subscriptions thereto to be all of the proper hand writing of the said Rear Admiral Charles Holmes deceased Harcourt Powell
Same day the said Harcourt Powell Esquire was sworn to the truth of this affidavit before me Arthur Collier Surrogate present Wm Stevens …..
17th March 1762
Appeared personally William Atkinson of the parish of Saint Dunstan in the West London gentleman and being sworn on the Holy Evangelists made oath that he well knew Charles Holmes late Rear Admiral of the White Squadron of His Majesties Fleet and is well acquainted with his manner and character of hand writing having often seen him write and having now carefully viewed the paper Writing or Letter or Codicil or Testamentary disposition of the said deceased hereto annexed beginning thus – my dear Henney Marshall and ending thus – my dear Henney very Sincerely and affectionately yours Chas Holmes dated thus – Cambridge at the back of the Isle of Wight 10th March 1760 – with a postscript thereto beginning thus – PS what I have left you in my will and ending thus – yours Chas Holmes in the Chanel 10th March 1760 he saith that he doth verily believe the whole contents of the said paper Writing letter Codicil or testamentary disposition and the said dates and Subscriptions thereto to be all of the proper hand writing of the said Rear Admiral Charles Holmes deceased Wm Atkinson
Same day the said William Atkinson was sworn to the truth of this affidavit before me Arthur Collier Surrogate present Wm Stevens …
This Will was proved at London with two codicils annexed before the Worshipful Arthur Collier Doctor of laws Surrogate of the Right Worshipful Sir Edward Simpson Knight Doctor of laws Master Keeper or Commisary of the prerogative Court of Canterbury lawfully constituted on the twenty third day of March in the year of Our Lord one thousand seven hundred and sixty two by the oath of Marmaduke Sowle esquire one of the Executors named in the said will to whom Administration was granted of all and singular the Goods Chattels and Credits of the deceased he having been first sworn only to administer poweer reserved of making the life grant to Sir John Miller Baronet one other of the executors whom he shall apply for the same Warwick Calmady esquire the other executor having renounced the Execution of the Will and Codicils