Seamen's Last Will & Testament

Mark Barrett · **Joined:** Wed Dec 17, 2008 10:40 pm **Posts:** 1088

On several occasions I have downloaded wills from the National Archive website.

The other day - just by chance - I noticed that they had got many hundreds of wills made by ordinary seamen.

Just out of curiosity I downloaded one - for the princely sum of £3.50p!!

It was a totally random selection but happened to be a James Harvey who died on HMS Temeraire in 1802.

I will include a transcript at the end of this post but first of all a couple of observations.

1. It is very much a "standard wording" where just a few gaps seem to have been filled in with the relevant information. And I found the transcript of another will on the internet from 1755 where the wording was almost identical. Just the name of the deceased/details of the monarch etc. etc. were different.

2. The man's muster book number is included - so it is very specific to the ship he was on when he died.

You can see where this is leading . . . . . . . . !

i.e. When and where and how were these wills made?

What I am wondering is whether men were obliged to make a will when they joined a ship? Or was it just an option if they chose to do so? Would it have been the purser who completed the paperwork? Was there a charge? Did the purser then retain the will for safe keeping?

These are really just rhetorical questions but if anyone can throw any further light on this will-making process I would be much obliged.

Oh and by the way, why on earth is King George described as King of France. Is this some strange historical aberration?

O.K. Here comes the transcript:

Quote:

In the name of God Amen. I, James Harvey, late of His Majesty's ship Sheerness(?) now of his Majesty's ship Temeraire, No. 248 on ships books, being of sound and disposing mind and memory do hereby make this my last Will and Testament. First and principally I commend my soul into the hands of almighty God hoping for remission of all my sins through the merits of Jesus Christ my blessed saviour and redeemer and my body to the earth or sea as it shall please God. And as for such worldly estate and effects which I shall be possessed of or intitled unto at the time of my decease I give and bequeath the same as followeth that is to say I give and bequeath unto my beloved mother, Mary Hurley(?) living at Bandon in the County of Cork, Ireland, all such wages sum and sums of money as now is or hereafter shall be due to me for my service or otherwise on board the said ship or any other ship or vessel. And I do hereby nominate constitute and appoint the said Mary Hurley, living at the place and county aforesaid executrix of this my last Will and Testament And I do give and bequeath unto my said executrix all the rest and residue of my estate whatsoever both real and personal hereby revoking and making void all other and former Wills by me heretofore made. And do declare this to be my last Will and Testament in witness whereof I have hereunto set my hand and seal this thirtieth day of December in the year of our Lord one thousand seven hundred and ninety nine And in the 39th year of the Reign of our Sovereign Lord King George the third by the Grace of God of Great Britain ffrance and Ireland King Defender of the ffaith. X Jas. Harvey his Mark.
Signed, sealed, published and declared by the said James Harvey and for his last Will and Testament in the presence of us who have hereunto subscribed our names as witnesses. Peter Puget Captain. Daniel Lewis 1st Lieut.

tycho · **Posted:** Mon Oct 10, 2011 11:05 pm

With regard to your question about George III being styled 'King of France' - see the wiki link below. Using the style does not mean that King George questioned the French king's right to the throne - just one of those longstanding British eccentricities, a hangover from the aftermath of the Norman Conquest. The Queen still signs a Parliamentary Bill into law by giving the Royal Assent written in old French, 'La Reyne le veult' - the Queen wishes it.

http://en.wikipedia.org/wiki/British_cl ... nch_throne

Mark Barrett · **Joined:** Wed Dec 17, 2008 10:40 pm **Posts:** 1088

Well I never!

The will was signed on 30th December 1799 and it was just one year and a day later that British monarchs dropped the "King of France" from their title.

I'm certain I have never come across that little gem of knowledge before!!

MB

Mark Barrett · **Joined:** Wed Dec 17, 2008 10:40 pm **Posts:** 1088

A small addition to this topic.

I took a look in the book "Naval records for Genealogists" by NAM Rodger, which covers records at the National Archive, just to see if there was any mention of Wills.

(He doesn't include Probate records but specific naval records.)

He says:

Wills of ratings

1800-1860 - Ref ADM 44 - Series EC. These papers contain claims by executors and next of kin for the back pay of ratings who died in service. Some include wills, birth & marriage certificates etc. etc.

1786-1882 - Ref ADM 48 - Series EB. These are original wills of ratings and marines, mostly on printed forms. They are arranged alphabetically and indexed by ADM 142

I can understand the former series, that makes perfect sense.

As regards the second series it is interesting that they are printed forms (with spaces for the variable data I guess) which is what I surmised in my original post. But having said that I wonder how many of them there are and how they found their way to the NA?

So many questions . . . . . . . !!

MB

Tony · **Posted:** Tue Oct 11, 2011 12:23 pm

Some answers here, Mark: http://yourarchives.nationalarchives.go ... tle=ADM_48

Tony · **Posted:** Tue Oct 11, 2011 12:46 pm

It seems that the Admiralty frequently had to deal with individuals impersonating deceased seamen or their executors, creditors or next of kin, who were trying to claim unpaid wages by forging wills and letters of attorney. Various Acts of Parliament were passed to try to stop these criminal practices and it looks as though eventually in 1786 the office of Inspector of Wills was established for registering seamen’s wills, and subsequent to a seaman's death, approving payments.

There seem to have been complex rules to follow to ensure that a seaman's will was valid, such as it had to name his current or previous ship, had to be signed by the Captain, had to specifiy the relationship with the beneficiary, and had to name an executor. The Pay Office could refuse to pay out if any of these conditions had not been met, which leaves me wondering how many wives or families therefore failed to receive their relative's pay after death.

Another note on the National Archives website says:

Quote:

Some Wills were cancelled because, for example, there was no Executor appointed. Since the number of Surgeons who witness Wills is noticeable, it may be assumed that many sailors were either going into surgery or on their deathbeds! Such denial of inheritances caused petitions from families to the Royal Navy.

Tony · **Posted:** Tue Oct 11, 2011 12:55 pm

From The law of executors and administrators by Sir Samuel Toller, 1838 (after the 1830 Act):

Quote:

And all captains and commanders of ships shall, upon their monthly muster-books or returns, specify which of the persons mentioned in the said returns have made or granted any will during that month or other space of time from the preceding return, by inserting the date thereof opposite the party's name, under the head of "Will."

But before any such will shall be attempted to be acted upon or put in force, the same shall be sent to the treasurer of the navy, at the navy pay office, London, in order that the same may be examined by the inspector of seamen's wills, who, or his assistants, shall immediately on receipt of every such, will, duly register the same, in a numerical and alphabetical manner, in books to be kept for that purpose, specifying the date of such will, the place where executed, and the name and addition, names and additions of the person or persons to whom or in whose favour, as executor or executors, the same shall have been granted or made; and also the names and additions of the witnesses attesting the same, and shall mark the said wills, with numbers corresponding with the numbers made on the entries thereof in the said books; and the said inspector shall take all due and proper means to ascertain the authenticity of every such will; and in case it shall appear to him, or he shall have reason to suspect that any such will is not authentic, he shall forthwith give notice in writing to the person or persons to whom or in whose favour such will shall have been made, as executor or executors, that the same is stopped, and the reason thereof, and shall also report the same to the treasurer or paymaster of the navy, and shall enter his caveat against such will, which shall prevent any money from being had and received thereon, until the same shall be authenticated to the satisfaction of the said treasurer or paymaster; but if upon such examination, and inquiry it shall appear to the said treasurer, paymaster, or inspector, that such will is authentic, the said inspector, or his assistant, shall sign his name to such will, and also put a stamp thereon in token of his approbation thereof.

See page 59 onwards here: http://books.google.com/books?id=Wn4zAA ... &q&f=false

I have to say that I have never noticed any mention of a will in a muster book!

Mark Barrett · **Joined:** Wed Dec 17, 2008 10:40 pm **Posts:** 1088

Hi Tony

Thanks for the pointer. I was looking around the various information on the NA site and I ended up following exactly the same route as you to the Toller text book.

And my eye hit on exactly that same issue you mentioned i.e. the recording in the muster book.

Like you I have never been aware of anything like that.

I wonder if this was a new requirement which came in with the 1830 Act.

Well it certainly comes over as quite a complicated process. I think I'll digest what we have found thus far and then maybe come back to it again with a fresh burst of stamina!

MB

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Seamen's Last Will & Testament

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