Parish Register for Marriage of Samuel Batts of St Johns Wapping and Mary Smith of St Johns Wapping, All Hallows, Barking by the Tower, London, UK, 22 December 1726.

Derek Morris.

Ibid. 19.

Parish Register.

Testamentary records, England, 21 July 1742, Will.

PROBATE Richard Munn Joseph Haydon Thomas Joy William Washington Alexander Lanion and Anthony Ref PROB11 719 Prerogative Court of Canterbury.

IN THE NAME OF GOD AMEN. I Samuel Batts of the parish of St John Wapping in the County of Middlesex, Victualler being at present in a perfect state of health and of sound and disposing mind memory and understanding and praised be God and well knowing that it is appointed for all men such to Dye and that nothing is more certain than the Hour thereof Do therefore make this my last Will and Testament in manner and form following and as for my Body I comitt the same to the Earth to be decently interred at the discretion of my Executrix herein after named and as to touching and concerning my worldly Estate which hath pleased Almighty God of his infinite mercy to bless me with in this transitory Life I give and dispose thereof as followeth I give and devise my Freehold Messuage or Tenement with all its Appurtenances, situated lying and being in Kingshead Court Beech Lane in the parish of St Giles Cripplegate London or late in the occupation or Tenure of John Potter And likewise all my Leasehold Estate consisting of Six Messuages or Tenements now in the Tenure or Occupations of Richard Munn, Joseph Haydon, Thomas Joyh, William Washington, Alexander Lanion and Anthony Dobins with their several and respective Appurtenances situate lying and being in the parish of St Johns Shadwell on Cockhill in the County of Middlesex and for the term and terms of years thereon yet to come and unexpired and also one other Messuage or Tenement lying and being in the Back Lane in Raggffair now in the possession of Jonathan Walfoils in the parish of St Georges in the East of the County of Middlesex and for the term and terms of years thereon yet to come and unexpired And Also one other Messuage or Tenement lying and being in Froon Walk in the County of Surrey in the parish of Christ Church now in the occupation of John Philips and for the Term and Terms of years thereon not to come and unexpired to my dearly beloved wife Mary Batts Upon the Conditions Trusts and uses herein after expressed and declared (that is to say) my Will and meaning is that my said Wife Mary Batts shall from and after my decease possess hold and enjoy and receive the Rents Issues and profits as well of the said Freehold Messges as also of the Leasehold premises aforesaid for and during the term of her natural life if the said term or terms of years thereon shall so long continue subject and charged nevertheless with the yearly sum or Annuity of four pounds of lawful money of great Britain to be paid by my said wife Mary Batts to my Daughter Sarah Ford wife of Peter Ford during the term of her natural life by four quarterly payments by even and equal portions on the most usual Quarterly on Feast Days To wit on the Feast Day of the Annunciation of our Blessed Virgin Mary on the Feast Day of St John the Baptist, on the Feast Day of St Michael the Archangel and of the Feast Day of the Nativity of our Lord Christ yearly and every year for and during the term of her natural life of my said Daughter Sarah Ford. The first payment whereof to be made on either of the said Feast Days which first happen after by Decease free and clear of and from all Incumbrances and deductions whatsoever and my Will further is that the said Annuity of four pounds as aforesaid shall be paid into the proper hands of my said Daughter Sarah Ford only for her sole and separate use and that her Receipt shall be a sufficient discharge for such payments as shall be sufficient discharge for such payments as shall be made by my said wife Mary Batts for and concerning the Annuity aforesaid and that the said Annuity or any part thereof shall not be subject to the Debts Incumbrances or control of her present husband or of any other husband that she shall hereafter Intermarry But if my said wife Mary Batts should happen to Dye before my said Daughter Sarah Ford then my Will is that the said Freehold Messuage and Leasehold premises for the term of years thereon respectively to come and unexpired shall descend and go to my said daughter to be by her held and enjoyed during her natural life only and from and after her decease to the issue lawfully begotten or to be begotten on her Body and to their Heirs forever and for want of such Issue. To my own right heirs for ever but if my said wife Mary Batts and her heirs for ever and also all my leasehold premises for the remainder of the respective terms of years thereon to come and unexpired to her my said wife Mary Batts and to her Executors Admons and Assigns All the rest residue and remainder of my Goods and Chattels and personal estate of what kind or nature so over the same may consist of I give and bequeath the same unto my said loving wife Mary Batts whom I do hereby name constitute and appoint sole executrix of this my last Will and Testament hereby revoking all other wills and Testaments heretofore by me made In Witness whereof I have hereunto set my hand and seal this thirtieth day of October in the year of our Lord 1736 Samuel Batts. Signed sealed and declared by the said Testator for and as his last Will and Testament in the presence of us who have in his presence and at his request subscribed our names as Witnesses Elizabeth Curteis Edwd Barlow Adam Barlow.

THIS WILL was proved at London before the worful Robert Chapman Doctor of Laws Masterkeeper or Commissary of the Prerogative Court of Canterbury lawfully constituted on the twenty first Day of July in the year of our Lord one thousand seven hundred and forty two by the Oath of Mary Batts Widow the relict of the said deceased and sole Executrix named in the said Will to whom administration was granted of all and singular the goods, chattels and credits of the said deceased being first sworen duly to Administer the same.

Goodman J (Ed), 2008, Coal and Calico, Merton Historical Society, England.

Mary married J Batts of Wapping afterwards Jno Blackburn of Shadwell leaving one daughter Elizabeth by J Batts who married Mr Jas Cook of the Navy, in 1762. Mary Blackburn died March 1770 aged 76.

Parish Register for Baptism of Mary Smith and dau of Charles and Elizabeth Smith, St Mary Magdalene, Bermondsey, Southwark, London, UK, 14 March 1696/97.

Parish Register for Burial of Mary Blackburn and of Star Street, Shadwell, St Pauls, Shadwell, Tower Hamlets, London, UK, 14 January 1771.

Date of Birth. Cit. Date: 24 January 1741/42.

According to the Baptism record, on 31st January 1741/2 Elizabeth was 7 days old when she was baptised.

Parish Register for Baptism of Elizabeth Batts and daughter of Saml Batts, Victualer and Mary of Execution Dock, St Johns of Wapping, Tower Hamlets, Middlesex, England, 31 January 1741/42.

Derek Morris, 19.

"The Batts, Blackburns and Whitby" in the Captain Cook Society Journal - Cooks Log Vol 45, No 2 (2022)

Gravestone for Elizabeth Smith: St Andrew the Great, Cambridge, Cambridgeshire, England (On the floor, inside the church);

On the tomb in the Chuch of St Andrew the Great, Cambridge:

Mᴿ HUGH COOK

DIED 21st DECᴿ 1793

AGED 17 YEARS

JAMES COOK Esq,

DIED 25th JANy 1794

AGED 30 YEARS

ALSO

ELIZABETH COOK

THEIR MOTHER

OBᵀ 13TH MAY 1835

ӔTAT. 93

Mr Hugh Cook/ Died 21 December 1793/ Aged 17 years/ James Cook Esq/ Died 25 January 1794/ Aged 30 years/ also/ Elizabeth Cook/ their mother/ Obt 13 May 1835/ Aetat 93

Parish Register for Burial of Elizabeth Cook, age 93, St Andrew the Great, Cambridge, Cambridgeshire, England, 22 May 1835.

Will. Cit. Date: 1 June 1835.

IN THE NAME OF GOD AMEN. I Elizabeth Cook of Clapham in the County of Surrey, Widow being of sound and disposing mind memory and understanding thanks be to Almighty God for the same do make publish this my last Will and Testament in writing in manner following that is to say In the first place I humbly commend my Soul into the hands of God who give it and direct that I may be buried in the middle Aisle of Saint Andrews Church Cambridge as near to my two Sons as may be And as concerning such Worldly Property Estate and Effects wherewith it has pleased God to bless me I give devise and bequeath unto Elizabeth Cooke Davidson Daughter of the late James Fleck of Broughton Yorkshire two hundred pounds also I give and bequeath John Fleck of Sunderland son of James and Margaret Fleck deceased the sum of one thousand pounds of my three per cent Consolidated Bank Annuities but if he shall die in my life time I bequeath the same to his Children living at my decease and if more than one in equal shares And I give and bequeath unto my Trustees and Executors hereinafter named three hundred pounds of my new three and a half per cent Bank Annuities upon trust to pay apply and dispose of the same and the Dividends thereof unto and equally in between the Children of Thomas Fleck of Boston deceased Son of the said James and Margaret Fleck (excepting Indiana Jenkins hereinafter next mentioned) who shall be living at my decease and at such times and in such

Pg 2 manner as they or the Survivor of them shall think fittest for their advantage without being subject to render any amount for the same Also I give unto the said Indiana Jenkins who is one of such children as aforesaid and Wife of Henry Jenkins the sum of one thousand pounds of my said new three and a half per cent Bank Annuities also all the Bed Bedstead Linen and Furniture as whatsoever which shall be in my spare bed room at the time of my decease Also I give and bequeath unto my said Trustees and Executors one thousand pounds of my said new three and a half per cent Annuities upon trust to pay the Dividends and Interest of eight hundred pounds part thereof and when they shall become due and payable unto Grace Carter Wife of John Carter of Redcar and daughter of the said James and Margaret Fleck for and during her life And upon further trust as to the three hundred pounds residue thereof to pay the Dividends and Interest thereof in like manner unto Christiana Hustler wife of Thomas Hustler of London and one other of such last mentioned daughters And I do direct that the same shall be paid in respectively to the said Grace Carter and Christiana Hustler of for their respective separate use independent of their present or any future husband and that they shall not be at liberty to anticipate such dividends and Interest and that their several receipts alone shall be sufficient discharges for the same the first payment thereof to begin and be made on the first half yearly payment of dividends on such stock that shall happen next after my decease and from and after the decease of each of them the said Grace Carter and Christiana Hustler Upon further trust to pay divide and transfer the sum of Stock so given in trust for her life as aforesaid unto her Child or Children who shall have attained and shall attain the age of twenty one years and if more than one share and share alike and if but one then to such only child and in the mean time to pay or apply the income of the presumptive share or shares of such Child or Children for or towards his her or their maintenance and education and in case of failure of Issue entitled under the trusts aforesaid of either of them the said Grace Carter and Christiana Hustler Then upon trust to pay and transfer their several share of the said last mentioned trust Stock unto such person or persons and in such manner as she shall by her last Will and Testament and so attested by two Witnesses give and bequeath the same and in default thereof unto her Executors or Administrators as part of her Personal Estate to whom in default of Issue I give the same accordingly And that whether or not she survive one Also I give and bequeath unto Mary Duck wife of George Duck of Whitby in the County of York the sum of two hundred pounds Also I give and bequeath unto the following surviving children of my Cousin Charles Smith of Mile End deceased the Legacies following of the three per cent Consolidated Bank Annuities aforesaid now standing in my name that is to say to Robert Smith one thousand five hundred pounds of the said three per cent Consols Also unto John Smith who is living near ………….in France one thousand five hundred pounds of like three per cent Consols Also I give unto my Trustees and Executors hereinafter named the sum of four thousand pounds like three per cent Consolidated Bank Annuities Upon trust to pay the dividends and Interest thereof unto Ann Smith Wife of Captain John Smith of the Grove Road, Mile End for and during the term of her natural life the same to be for her separate use independent of her present or any future Husband and for which her receipt alone shall be a sufficient discharge and the same shall not be paid by anticipation the first of such payment to become due and be made on the first half yearly payments of dividends on such Stock that shall happen next after my decease and from and after her decease upon further trust to pay divide and transfer the said trust Stock unto and equally between the children of the said Ann Smith that may be living at her decease share and share alike and if but one then to such

Page 3 only Child and to be paid to such Children or Child as and when she or they shall respectively attain twenty one years of during his her or their minority if my said Trustees shall think Also I give unto the said Ann Smith all my wearing apparel of every sort and quality together also with all my Linen (not herein otherwise disposed of and my China and Ornaments of my person Also all the household Goods Furniture and Implements of Household which shall be in my front parlour at the time of my decease together with the bed bedstead Linen and Furniture whatsoever which shall be at such time in my bed room over the said Parlour Also I give and bequeath unto my said Trustees and Executors the sum of five hundred pounds like three per cent Consolidated Annuities Upon trust to pay the Dividends Interest and Annual Produce thereof unto Mrs Winifred Newcombe Wife of Mr Joseph Newcombe of Little New Street Fetter Lane for and during the term of her natural life and from and after her decease Upon trust to pay divide and transfer the same unto her Child or Children who shall have attained and shall attain the age of twenty one years and if more than one share and share alike and if but one then to such only Child and in the mean time to pay or apply the income of the presumptive share or shares of such children for or towards his her or their maintenance and education in such manner as they or the survivor of them shall think fittest for their advantage without being subject to render any amount for the same Also give and bequeath unto Frances Smith widow of my late deceased dear Cousin Charles Smith of Brunswick Place Bowyer Lane Lambeth the sum of one thousand five hundred pounds of my three per cent Consolidated Bank Annuities Also I give and bequeath unto my said Trustees and Executors the sum of six thousand pounds Upon trust as soon as conveniently may be after my decease to invest the same upon Government or Real Securities and to hold the source in trust for Marian Ellen Smith Charles James Smith and Frances Smith children of my said dear cousin Charles Smith deceased or such of them as shall attain the age of twenty one years and if more than one in equal shares And if only one of the said children shall live to attain that age then in trust for such only child and to be paid and payable as and when he she or they shall respectively attain the age of twenty one years And I do thereby authorize and empower my said Trustees and Executors from time to time during the minority of all or any or either of them the said Marian Ellen Smith Charles James Smith and Frances Smith to pay and apply all or any part of the Interest Dividends or Annual Produce of his her or their presumptive share of and in the said trust Stocks Funds or Securities in or towards his her or their maintenance and education as they shall see fit without being liable to account for the same Also I give and bequeath unto my said Executors and Trustees the sum of three thousand pounds of my new three and a half per cent Annuities in trust for Henry Newcombe Katherine Newcombe Louisa Ann Newcombe Ann Sophia Newcombe William Charles Newcombe and Jane Grieg Newcombe the children of Catherine Hammond Newcombe deceased or in such one or more of as shall live to attain the age of twenty one years if more than one share and share alike and if but one then to become a vested interest in such one child only to be paid or transferred to him her or them on his her or their attaining the said age of twenty one years And I do hereby authorize and empower my said Trustees and Executors from time to time during the minority of all any or either of them the said Harry Newcombe Katherine Newcombe Louisa Ann Newcombe Ann Sophia Newcombe William Charles Newcome and Jane Grieg Newcombe to pay and apply all or any part of

the Interest or Dividends of his her or their presumptive share of and in the said trust Shares Funds or Securities in or towards his her or their maintenance and education as they shall see fit without being liable to amount for the same Also I give unto the said Captain John Smith the sum of one thousand pounds of my three per cent Consolidated Bank Annuities and in case he shall depart this life before me then I give and bequeath the same unto and equally between his Wife and Children living at my decease share and share alike the shares of children to be paid and payable in like manner as the bequest by me hereinbefore made in their favour Also I give and bequeath unto my said Trustees and Executors one Annuity or yearly sum of forty eight pounds during the life of William Wilson late of Rotherhithe Gentleman son of my deceased dear Cousin Ann Wilson to be payable by equal half yearly payments upon trust to apply the same annuity in such manner and in such proportions as they shall think proper in and towards the maintenance and support of the said William Wilson Also I give and bequeath unto my said Trustees and Executors one annuity or yearly sum of fifty eight during the life of James brother of the said William Wilson payable by equal half yearly payments upon trust to apply the same annuity in such manner and such proportions as they shall think proper in and towards the maintenance and support of the said James Wilson the first half yearly payment of dividends one the three per cent Consolidated Annuities that shall happen next after my decease Also I give unto Miss Mary Mayer late of Cannon Street Road, Saint Georges in the East London but now of Cotton Street opposite Stepney Church as a mark of my remembrance one annuity or yearly sum of twenty five pounds by half yearly payments for and during the term of her natural life the first half yearly payments to commence and be made at the time last mentioned I also give unto my God Daughter Mrs Mary Copling of Brixton Surrey for her own use and benefit five hundred pounds of my said three per cent consolidated Annuities Also I give to Mr John Warren husband of my deceased friend Isabella Warren two hundred pounds of my said three per cent Consolidated Bank Annuities to be applied by him as he shall think it for the use of his son John Warren Also I give unto my dear friend Miss Mary Williams of Woolwich the sum of two hundred and fifty pounds Also I give unto Mary Hook of Clapham aforesaid widow the sum of one hundred pounds Also I give and bequeath unto the Minister Churchwardens and Overseers of the Poor of the parish of Saint Andrew in Cambridge aforesaid and to their Successors for the time being one thousand pounds of said three per cent Consolidated Bank Annuities upon this special trust and confidence that they do bind themselves and their successors on a special resolution of the vestry of the said parish to apply the dividends and interest thence arising in and towards the keeping clean undefaced and unobliterated and maintaining in perpetual repair the monument and inscription which I have caused to be put up in the said Church to the memory of my dear deceased husband Captain Cook and Family and also the stone in the middle aisle of the said church with my name and the names of my two sons inscribed and to be inscribed thereon and after payment of the charges and expenses occasioned thereby and also of two pounds annually to the Minister of the said parish for the time being which I request he will accept for any trouble he may have in this trust Upon further trust to distribute upon the twenty first day of December in each and every year the residue of the said interest and dividends unto and equally between five poor aged women of good character resident within and belonging to the said parish and not receiving parochial aid or support such poor women to be named by the Minister Churchwardens and Overseers for the time being or the majority of them and I do direct that the Minister of the said Parish for the time being shall be Treasurer of the said Fund But in case there

page 5 Minister Churchwardens and Overseers of the said parish shall decline to accept the trust and to enter into or promise to be entered into such resolution of Vestry as aforesaid then I give and bequeath the said one thousand pounds three per cent Bank Annuities unto my said Trustees and Executors upon trust to apply and secure the same in the best manner that they or the survivor of them shall be able to accomplish any wishes in preserving the said monuments and memorials as aforesaid Also I give and bequeath unto the daughters of my Cousin Ursula Cragg deceased as follows that is to say to Mrs Mary Adams one thousand five hundred pounds of my said three per cent Consols Also I bequeath unto the said Mary Adams all the household goods and furniture which shall be in my back Parlour or in Drawing room at the time of my decease Also I give and bequeath to Mrs Ann Mackrell one thousand five hundred pounds of like Annuities to Mrs Jane Marshall one thousand five hundred pounds of like Annuities To Mrs Maria Bennett one thousand five hundred pounds of like Annuities and to Mrs Ursula Jew one thousand five hundred pounds of like Annuities to Elizabeth Cragg three hundred pounds of my new three and a half per cent Annuities I give unto Mr John Cragg of Bunhill Row, London the sum of five hundred pounds of my three per cent Consolidated Bank Annuities I give unto the Trustees of the British Museum for the purposes of the Museum my Gold Medal being one of the five only which were struck by command of his late Majesty of blessed memory King George the Third in honor and commemoration of my dear deceased husband Captain Cook And also my Gold Medal struck by order of the Royal Society and commonly called Copleys Gold Medal struck on the like occasion Also I give unto Miss Louisa Davies of Lambeth in the County of Surrey the sum of three hundred pounds Also I give and bequeath unto the Treasurer of the School for the Indigent Blind Established in London one thousand seven hundred and ninety nine and now in St Georges Fields the sum of four hundred pounds of my said three per cent Consolidated Bank Annuities In trust to be applied towards the benevolent purposes of that Institution And I give unto my Executors and Trustees thereinafter mentioned the sum of four hundred pounds of my said three per cent Consolidated Bank Annuities upon trust to the interest that they or one of them do pay or transfer the same to the Treasurer for the time being of a Society who now call themselves The Royal Maternity Charity for delivering poor married women at their own habitations under the Patronage of His Majesty instituted in the year one thousand seven hundred and fifty seven by the name of the Lying in Charity for delivering poor married women at their own habitations which does or lately did meet at the Bank Coffee House in Threadneedle Street which said sum I desire may be applied towards carrying on the Charitable designs of the said Society Also I give to my Old Servant Elizabeth Gates one annuity or yearly sum of fifteen pounds payable half yearly the first payment to be made at the expiration of six Calendar months next after my decease Also I give unto my servants Mary Wellings Sarah Westlake and Charles Doswell in case they shall be living with me at the time of my decease as follows that is to say unto the said Mary Wellings the sum of one hundred and fifty pounds and unto the said Sarah Westlake and Charles Doswell and to each of them the sum of two hundred pounds the said several legacies to be inclusive of their mourning And I give unto the said Mary Wellings subject as aforesaid all my Kitchen furniture plates dishes pots pans kettles knives forks utensils and things excepting all china and glass which shall in my kitchen washouse scullery and basement floor of my house at the time of my decease such of the said things as may be fixed or fastened only excepted Also I give to the said Mary Wellings subject as aforesaid all the bed bedding and bedstead

page 6 Linen furniture and things whatsoever which shall be in and belonging to her bedroom at the time of my decease Also I give unto the said Sarah Westlake subject as aforesaid all the bed bedding and bedstead linen furniture and things whatsoever which shall be in and belonging to her bedroom at the time of my decease Also I give unto the said Charles Doswell subject as aforesaid all the bed bedding bedstead linen furniture and things whatsoever which shall be in and belonging to his bedroom at the house of my decease Also I give and bequeath unto John Fleck of Sunderland son of James and Margaret Fleck before named the sum of four hundred pounds the same to be in addition to the one thousand pounds three per cent Consolidated Bank Annuities by me hereinbefore given him Also I give and bequeath unto Mrs Ann Burnicle of Sunderland Street Sunderland the annuity or yearly sum of twenty five pounds for and during her natural life the same to be paid her for her separate use by half yearly payments independent of any husband the first payment to become due and be paid at the end of the first six months next after my decease and I declare that the same annuity shall not be assignable by way of anticipation Also I give and bequeath unto my said Trustees and Executors the sum of one thousand pounds of my new three and a half per cent Annuities Upon trust to pay the dividends and interest thereof unto the said Mrs Ann Burnicle to be applied by her (or and towards the maintenance and education of her children now living and upon further trust to pay divide and transfer the same unto her child or children if more than one who shall have attained or shall attain the age of twenty one years and if more than one share and share alike and if but one then to such only child but no share shall vest in any such child until he she or they shall have attained his or her age of twenty one years And I do hereby authorize and empower my said Trustees and Executors from time to time during the minority of all any or other of the said child or children to pay and apply all or any part of the Interest or dividends of his her or their presumptive share of and in the said Stocks Funds or Securities in or towards his her or their maintenance and education as they shall see fit without being liable to account for the same Also I give unto my dear and valued friends and neighbours Mrs Elliotson Miss Waldo and Miss Bower nineteen guineas each for a Ring Also I give unto my esteemed friends Mrs Blake of Palsgrave Place Temple and George Stark of Croydon Esquire nineteen guineas each for a ring in remembrance of me Also I give unto my esteemed friend John Ravenhill Esquire of Clapham one hundred pounds for a ring Also I give unto my dear friend Mrs Ravenhill wife of the said John Ravenhill the sum of five hundred pounds Also I give unto my esteemed friend John Elliotson of Conduit Street Westminster three hundred pounds for a ring and as a remembrance of his kind professional attendance on me Also I give unto my dear friend Mrs Bennett of Merton, Surrey a widow nineteen guineas for a ring Also I give unto Mrs Elizabeth Walford late the widow of my dear deceased cousin Charles Smith Esquire deceased the sum of two hundred pounds for a ring Also I give unto Major James Smith one of the sons of my cousin Charles Smith of Mile End the sum of five hundred pounds Also I give unto Mr Thomas Savage of Red Lion Street Clerkenwell watchmaker the sum of two hundred and fifty pounds In trust for the children of his deceased brother William Savage and to be applied by him for their benefit in such manner and at such times as he shall think fit Also I give and bequeath unto William Carter son of Grace Carter hereinbefore mentioned the sum of three hundred pounds of my said three per cent Consolidated Bank Annuities And I hereby nominate a constitute and appoint my dear friends John Leach Bennett of Merton.

Page 7 aforesaid Esquire and John Day Blake of Palgrave Place in the parish of Saint Clement Danes in the County of Middlesex Gentleman joint trustees and Executors of this my last Will and Testament And I do give and bequeath unto the said John Leach Bennett the sum of one thousand five hundred pounds and to the said John Day Blake the sum of one thousand pounds All the Rest and Residue of my Freehold and Personal Estate and Effects whatsoever and wheresoever I give devise and bequeath unto and between the said John Leach Bennett and John Smith one of the children of my cousin Charles Smith of Mile End deceased their heirs Executors and Administrators and Assigns as tenants in common And I do hereby charge my Personal Estate with the payment of my debts funeral expenses legacies and Annuities provided always and my will and mind further is that my said Trustee and Executors hereby nominated and appointed and the Survivor of them his Executors and Administrators shall and may from time to time during the continuance of any of the trusts of this my Will at their and his discretion either continue the trusts stocks and funds hereinbefore bequeathed (except the Legacies to Charities) upon the Stocks or Funds whereupon the same are or may be invested at the time of my decease or shall or may alter vary and transpose such Stocks or funds or monies arising thereby in the purchase of other Stocks or Funds or at Interest upon Government or Real Securities in England to behold and applied on the trusts of this my Will And so from time to time to vary the same as occasion shall require And I direct my Executors to appropriate a sufficient part of the Stocks at or Funds of which I shall die possessed and which shall produce an income equal in amount to the annuities bequeathed by me or out of my Estate or to purchase a portion of such Stocks or Funds so as to answer the payment of the said Annuities as they shall become due And I direct that if the Interest of the said Stocks or Funds or any of them shall be reduced or the said Stocks or Funds shall be paid off or converted into other Stocks by the authority of the Legislature whereby the income of the Fund which shall be so appropriated shall be diminished the annuities chargeable on such Income shall be diminished in proportion and shall not be payable out of the Capital of the Fund And my will is that the Executors or the Trustees or Trustee for the time being under this my Will or any of them shall not be responsible for any appropriation which shall be made as aforesaid or for any loss or diminution occasioned by the means aforesaid And I declare my will and mind to be that if the Trustees hereinbefore appointed or any future Trustee or Trustees to be appointed as hereinafter is mentioned or any of them or their or any of their Executors Administrators or Assigns shall die or be desirous of being discharged from or refuse or decline or become incapable to act or be desirous to have any other Trustee join with him or them in the exercise or execution of all or any of the trusts hereby in them reposed before the same trusts shall be fully executed performed or discharged then and in such case and when and as often as the same shall happen it shall and be lawful for the surviving or continuing Trustee or Trustees of the Fund the Trustee or Trustees whereof shall so die desire to be discharged refuse decline or become incapable to act or desire to have any other Trustee or Trustees joined with him or them and if there shall be no such surviving or continuing Trustees or Trustee then for the Executors or Administrators of the4 last surviving Trustee of such fund by any deed from time to time to nominate substitute or appoint any other person or persons to be a Trustee or Trustees in the place or Head of or to act with the Trustee or Trustees so dying desiring to be discharged or refusing declining or becoming incapable to act or being desirous to have some other Trustee or Trustees appointed to act in conjunction with him

Page 8 or them as aforesaid and that when and so often as any Trustee shall be nominated or appointed as aforesaid the trust Fund which shall then be vested in the Trustee or Trustees so dying or desiring to be discharged or refusing declining or becoming incapable to act or being desirous to have some other Trustee or Trustees appointed to act in conjunction with him or them as aforesaid shall thereupon with all convenience speed assignees and transferred in such sort and manner and so as that the same shall and may be legally and effectually vested in the surviving or continuing Trustee or Trustees of the same trust fund and such new Trustee or Trustees or if there shall be no continuing Trustee or Trustees then in such new trustees only upon the same trusts as are hereinbefore declared and concerning the same trust fund or such of the same trusts as shall be then subsisting and capable of taking effect And I declare my will and mind to be that the Trustees and Executors or Trustee and Executor for the time being of this my Will shall be charged and chargeable only for such monies as they or he shall actually receive by virtue of the trusts hereby in them and him reposed And that they or he shall not be answerable or accountable for any Security or Securities Stocks or funds in or upon which the said trust monies or any part thereof shall or may be lodged or deposited for safe custody nor for any other misfortune loss or damage which may happen in the execution fo the aforesaid trusts or in relation thereto without their or his neglect and default And also that it shall and may be lawful to and for my said Trustees for the time being by and out of the monies which shall come to their respective hands by virtue of this my Will to retain and reimburse to himself and themselves all costs and charges damages and expenses which they or any of them shall or may suffer sustain expend disburse be at or be put unto in or about the execution of the aforesaid trusts or in relation thereto And I direct that the several trust funds shall bear and sustain respectively the costs charges damages and expenses incurred on their respective accounts or the variation alteration or transposition of the same respectively And I do hereby revoke all former Will and Wills Codicil or Codicils by me heretofore made and do declare this alone to be my last Will and testament In Witness whereof I have to this my last Will and Testament contained in eleven sheets of paper set my hand at the bottom of each of the first ten sheets thereof and my hand and seal to this the eleventh and last sheet thereof this eighth day of April one thousand eight hundred and thirty three (Eliz Cook) Signed sealed and delivered by the Testatrix as and for her last Will and Testament in the presence of us who at her request and in the presence of each other have hereunto set our names as witnesses Jn Cording Temple Bar silversmith. H Balls 22 Roupell Street W A Boyle 3 Clement Inn, Strand.

I ELIZABETH COOK of Clapham in the County of Surrey widow do declare this to be a Codicil to my last Will and Testament in manner following Whereas I have in and by my said Will named and appointed John Smith joint Residuary devisee and Legatee of my Estate and Effects together with John Leach Bennett therein named Now I do hereby revoke the said bequest of the residue to the said John Smith and I do give devise and bequeath the whole of my Residuary Estate and Effects Freehold Leasehold and Personal unto the said John Leach Bennett his heirs Exors and Administrators and Assigns for ever. In Witness whereof I have hereunto set my hand and seal this eight day of April one thousand eight hundred and thirty three Eliz Cook Signed sealed and published and declared by the said Testatrix for a Codicil to her last Will and Testament in the presence of us who at her request and in her presence of each other have subscribed our names as witnesses John Cording, H Balls W.A. Boyle.

Page 9

I ELIZABETH COOK of Clapham in the County of Surrey widow do make and declare this to be a second Codicil to my last Will and Testament bearing date the eight day of April one thousand eight hundred and thirty three. I give and bequeath unto my kind and attentive Friend and Neighbour doctor Thomas Elliotson the sum of two hundred pounds I give to Mrs Farrer wife of Captain Farrer formerly in the India Companys service and now residing at Blackheath nineteen Guineas for a ring and as a mark of my regard for her I give and bequeath unto my esteemed friend John Ravenhill Esquire the sum of four hundred pounds the same to be in addition to the one hundred pounds bequeathed to him by my said Will and whereas I have in and by my said will given and bequeathed unto my Trustees and executors therein named the sum of six thousand pounds Upon trust to be invested on Government Securities to be by them holden in trust for Marian Ellen Smith Charles James Smith and Frances Smith, children of my dear cousin Charles Smith of Brunswick Place, Bowyer Lane, Lambeth deceased Now I do hereby revoke the said bequest and do thereby give and bequeath unto John Leach Bennett and John Day Blake the Trustees and Executors nominated and appointed in and by my said Will the sum of three thousand and three hundred pounds the same to be held by them on the same trusts and subject to the like powers and authorities in all respects as are declared in and by my said Will of and concerning the aforesaid sum of six thousand pounds given by my said Will and hereby revoked and whereas I have also by my said given and bequeathed unto Frances Smith widow of my Cousin the last named Charles Smith deceased the sum of one thousand and five hundred pounds of my three per cent Consolidated Bank Annuities Now I do hereby revoke and make void my said bequest and in lieu thereof do hereby give and bequeath unto the said Frances Smith the sum of seven hundred pounds Sterling. Also I do hereby give and bequeath unto Robert Anderson Smith Elizabeth Maria Smith Alfred Charles Smith and Alexander James Smith the children of Robert Smith in my said Will mentioned Son of my deceased cousin Charles Smith formerly of Mile End and unto each and every of them the sum of six hundred and fifty pounds Sterling. Also I give and bequeath unto my Trustees and Executors in my said Will named the sum of two thousand pounds of my said three per cent Consolidated Bank Annuities the same to be held by them upon the like trusts as the four thousand pounds three per cent Consols by my said Will bequeathed to them in trust for Ann Smith wife of Captain John Smith and her children And I do hereby direct and declare that they my said Trustees and Executors shall stand and be possessed of the said sum of £4000 and £2000 making together six thousand pounds three per Cent Consolidated Bank Annuities upon the like trusts and with under and subject to the like powers and authorities in all respects as are in my said Will declared and contained of and containing the said four thousand pounds three per cent Consolidated Bank Annuities And whereas I have in and by my said Will given and bequeathed unto Elizabeth Cragg the sum of three hundred pounds of my new three and a half per cent s Now I do hereby utterly revoke and make void the said bequest and every part thereof I give and bequeath unto the Rector and Churchwardens of the parish of Clapham aforesaid and to their successors for the time being the sum of seven hundred pounds of my said new three and a half per cent Annuities Upon trust they the said Rector and Churchwardens for the time being so from time to time receive the Dividends of the said Stock as and when the same shall become one and payable and do and shall pay divide and distribute such dividends equally among six poor Widows dominated in the said Parish of Clapham to be for that purpose nominated by the Rector of the said Parish for the time being and whereas I have in my said Will given and bequeathed unto John Leach Bennett one of my

Page 10

Trustees and Executors therein named the sum of one thousand five hundred pounds and have also by my Codicil thereto appointed him my sole Residuary Legatee Now I do hereby revoke and make void the said Legacy of one thousand five hundred pounds and do hereby confirm my said appointment of him the said John Leach Bennett as my sole Residuary Legatee And I do hereby give and bequeath unto Mrs Mary Hook widow in my said Will named the sum of one hundred pounds the same to be in addition to the sum of one hundred pounds given and bequeathed to her in my said Will And I do also give and bequeath unto Mrs Indiana Jenkins in my said Will named the

sum of one hundred pounds the same to be in addition to the sum of one thousand pounds three and a half per cents given and bequeathed to her by my said Will And I do also give and bequeath unto my dear friend Mrs Mary Williams in my said Will also named the sum of two hundred and fifty pounds the same to be in addition to the like sum of two hundred and fifty pounds given and bequeathed to her by my said Will Also I give and bequeath unto John Leach Bennett and John Day Blake my Trustees and Executors in my said Will named the sum of one hundred pounds of my new three and a half per cent Annuities to be held by them upon trust for Christiana Hustler and her children and with under and subject to the like powers and authorities in all respects as are in at my said Will declared and contained of and concerning the sum of three hundred pounds like new three and a half per cents given and bequeathed to my said Trustees and Executors in trust for the said Christiana Hustler and her children and as an addition thereto And I do hereby direct that so sale by Auction or otherwise of any of my Estate and Effects may be had upon the Promise wherein I now reside at Clapham or wherein I may reside at the time of my decease And further I direct that all and singular the specific and in pecuniary Legacies given and bequeathed as well by my said Will and by this present Codicil as by any future Codicil shall be paid and discharged by my said Trustees and Executors within the time or space of three Calendar months from the time of my decease and that in all cases where I have directed or shall at any future time direct my said Trustees and Executors to pay out and invest any sum or sums of money in the purchase of any Government or other Funds or Securities upon trusts thereof declared it is my will and desire and I do thereby request my Executors and Trustees to pay out and invest the same within the time or space of three Calendar months after my decease And I do hereby confirm my said last Will and Testament and the Codicil thereto both bearing safe the eight day of April one thousand eight hundred and thirty three in all respects in which the same are not hereby offered In Witness whereof I the said Elizabeth Cook have hereunto set my hand and seal this twenty ninth day of January one thousand eight hundred and thirty four Elizabeth Cook Signed Sealed and published declared by the said Testarix as and for a second Codicil to her last Will and Testament in the presence of us who at her request in the presence and in the presence of each other have hereunto set our names as Witnesses thereto Elizabeth Munday Clapham Common Jn Lewis Clapham Common W.A. Boyle 11 Arundel St, Strand

I ELIZABETH COOK of Clapham in the County of Surrey widow do make and declare this to be a third Codicil to my last Will and Testament dated the eighth day of April one thousand eight hundred and thirty three I give and bequeath unto Colonel James Smith in my Will called Major James Smith one of the sons of my cousin Charles

Page 11

Smith late of Mile End deceased the sum of one thousand and five hundred pounds the same to be in addition to the sum of five hundred pounds bequeathed to him by my said Will Also I give unto the said Colonel James Smith Captain John Smith and Mrs Jane Marshall in my said Will respectively named all the wines and spiritous Liquors which shall be in my dwelling house at the time of my decease equally to be divided between them share and share alike Also I give unto Mrs James Adams in my said Will named all the China that shall be in my Wine Cellar at the time of my decease And I do hereby confirm my said former Will and Codicils in all respects In Witness whereof I have hereunto set my hand and seal this twenty sixth day of September in the year of our Lord one thousand eight hundred and thirty four…Eliz Cook…Signed Sealed Published and declared by the said Testarix as and for a Codicil to her last Will and Testament in the presence of us who at her request and in her presence and in the presence of each other have subscribed and named as Witnesses Jn Lewis, Clapham Common, W A Boyle, Arundel St, Strand

PROVED at London with three Codicils 1st June 1835 before the Worshipful John Haggard Doctor of Laws and Surrogate by the Oaths of John Leach Bennett Esq and John Day Blake Esquire the Executors to whom Admin was granted having been first sworn only to Administer.

Transcribed by Wendy Wales.

(Public Record Office PROB 11/1847)

Parish Register for Baptism of Samuel Smith, aged 1 day and son of Samuel Batts, victualler and Mary his wife of Wapping, St Johns, Wapping, London, UK, 30 October 1727.

Parish Register for Burial of Samuel Batts and son of Samuel Batts of Wapping, St Johns, Wapping, London, UK, 2 November 1727.

Parish Register for Baptism of Jane Batts, aged 15 days and dau of Samuel Batts, victualler of Wapping, and Mary, St Johns, Wapping, London, UK, 17 February 1728/29.