Sir William Charles Fahie
Last Will & Testament

This is the Last Will and Testament of me, Sir William Charles Fahie, Knight Commander of the Most Honorable Military Order of the Bath, Commander of the Royal Sicilian Order of St. Ferdinand and of Merit and Rear Admiral of the Red. In the first place whereas, by a Deed of Marriage Settlement bearing date the eleventh day of July in the Year of Our Lord One thousand eight hundred and twenty three made in contemplation of my then intended Marriage with my present wife, Mary Ester, it was amongst other things provided that in case there should be no issue of the said intended Marriage, as being such all of them should happen to die before any of their shares of and in the Sum of Five thousand Consolidated four per cent Annuities, therein settled, should become a vested interest by virtue of the said Presents. The Trustees therein mentioned to wit, Henry Moreton Dyer and Thomas Jenning Tucker, should turn the same into cash, and pay the same to such person or persons and for such intents and purposes, as I the said Sir William Charles Fahie should by Deed, Will or otherwise, as therein mentioned, appoint as by reference to the said Deed of Settlement will more full appear. Now, I do hereby direct and it is my will that, in the case above specified, the sum of Four Thousand Pounds, part of the said consolidated four per cent Bank Annuities, since reduced to three and a half per cent, shall be transferred to and stand in the names of Thomas O'Maley, James Davoren and William Thomson, all of the island of St. Christopher's in the West Indies and of my Son in Law John Wilson, Captain of the Royal Navy or in the names or name of the Survivors of them, and I do, in such cases give and bequeath the said Amount of Stock to them the said Thomas O'Maley, James Davoren, William Thomson and John Wilson and the Survivors or Survivors of them and the Executors, Administrators and assigns of such Survivors. Upon, and for, the Trust, Intents and purposes, hereinafter expressed and I do hereby further will and direct that the sum of Eighteen Hundred and fifty pounds of Sterling Money standing in my name in the said three and a half per cent reduced in England be transferred to and stand in the name of the aforesaid Thomson and John Wilson, or in the names or name of the Survivors or Survivor of them, and I do bequeath the same together with one half part of my moiety of a certain Legacy bequeathed to my late Wife and myself by her Uncle the late Ruapzart Heyliger of the island of Santa Cruz and which is secured in certain Estates in that Island, unto the said Trustees upon Trust that they and the Survivors and Survivors of them and the Executors, Administrators and Assigns of such Survivors do and shall during the natural life of my Daughter, Arabella Louisa Burke, the wife of Michael Rowland Burke, at present of the said Island of St. Christopher's pay the interest dividend and annual produce of the said several amounts of Stock to wit of four thousand pounds and of One thousand and Eight hundred and fifty pounds and of my proportion of the Legacy aforesaid to such person, for such Intents and purposes and in such manner, as my said Daughter Arabella Louisa Burke, by any Writing or Writing signed by her, with her own hand shall whether coverte or sole, as the same shall from time to time become due and payable, but not by way of anticipation, direct or appoint or for want of such direction or appointment unto her own hands for her own sole separate and peculiar use and benefit and exclusively of and without being in any wide subject or liable to the debts intermedling or control of her present or any future husband and I declare it to be my Will, that any receipt in writing of my said Daughter, or of the person or persons to whom she shall direct the said interest dividends and annual produce to be paid, shall notwithstanding her coventure, be a good and sufficient discharge for the said interest dividends and annual produce or so much thereof as in such receipt shall be apriessed or mentioned to be received and from and after her decease upon Trust that they, the Trustees last mentioned and the Survivors and Survivor of them, and the Executors and Administrator and Assigns of such Survivor do and shall pay transfer and assign the said several sums of four thousand pounds and of One thousand eight hundred and fifty pounds, Stocks and the Legacy aforesaid and the Stocks, funds and Annuities or upon which the same or any part thereof shall be invested laid out or secured Wm. Chas. Fahey and the Interest dividends and annual produce therefore such manner to and for such purpose and to such person or persons as my Daughter by any Deed or Deeds or Instrument or Instruments in Writing to be sealed and delivered by her in the presence of and attended by two or more credible Witnesses or by her last Will and Testament or by my Codicil or Codicils thereto for be signed and published by her in the presence of and attested by the like number of Witnesses, shall notwithstanding her present or any future coverture direct and appoint said for want of such direction and appointment de??? shall, pay transfer and assign, the said Trust Money's Legacy, stocks, funds and Securities and the Interest dividends and annual produce thereof to between or among all and even the Children or Child of my said Daughter who being a Senior Son shall attain or shall have attained, the age of twenty one years, for his or their lawful issue, if he or they shall have departed this life before that age, having issues or being a Daughter or Daughters shall attain that age or marry to be divided between or among such Children if more than one in equal shares and proportions and if but one Child, the whole to such one Child and if there shall be no Child of my said Daughter Arabella Louisa Burke who being a Son shall attain the Age of twenty one Years or depart this life under that age leaving issue of his Body living at the time of his decease or born in due time after or being a Daughter shall attain that age or marry then the said Trust money stocks funds legacy and Securities to be considered as part of the surplus or residue of my personal Estate and be disposed of accordingly among my next of Kin. Secondly My Will and I do hereby direct that in the case herein said specified the Sum of Five Hundred Pounds another Part of the aforesaid Five thousand pounds consolidated four per cent annuities, now three and a half per cent reduced, as aforesaid, shall be transferred to and stand in the names of the above named Henry Moreton Dyer of Devonshire Place House New Road England and of Michael R. Burke of the aforesaid Island of St. Christopher or in the names or name of the Survivors or Survivor of those and I do in such case give and bequeath the said last mentioned amount of Stock to them the said Henry Moreton Dyer and Michael R. Burke and the Survivors and Survivor of them and the Executors Administrators and Assigns of such Survivor, Upon Trust that they and the Survivor of them and the Executors Administrators and Assigns of such Survivor do and shall during the natural life of my Daughter Caroline Constance Wilson the Wife of the aforesaid John Wilson, pay the interest dividends and annual produce thereof for such manners as my said Daughter the said Caroline Constance Wilson by any writing signed by her with her own hand, shall whether coverte or sole, as the same shall from time to time become due and payable but not by way of anticipation direct or appoint or for want of such direction or appointment into her sole hands for her own Sole separate and peculiar use and benefit and exclusively of and without being in any wide subject or liable to the debts intermedling or control of her present and any future husband and I declare it to be my Will that any receipt in writing of my said Daughter the said Caroline Constance Wilson or of the person or persons to whom she shall direct the said Interests dividends and annual produce to be paid shall notwithstanding her coventure be a good and sufficient discharge for the said interest dividends and annual produce and from and after her decease Upon Trust that may the said Trustees or the Survivor of them or the Executors, Administrators Assigns of such Survivors do and shall pay transfer and assign the said Five hundred Pounds Stock and the Securities, in or upon which the same or any part thereof shall be inverted or laid out and the interest dividends and annual produce thereof, in such manner and to such persons or purposes as my said Daughter Caroline Constance Wilson by any deed or instrument of writing to be sealed and delivered by her in the presence of and attested by two or more credible Witnesses or by the last Will and Testament or any Codicil or Codicils thereto, to be signed and published by her in the presence of and attested by, the like numbers of Witnesses shall notwithstanding her present, or any future coverture, direct and appoint and for want of such direction and appointment (Wm. Chas Fahie) to between and among all and every the Children of my said Daughter Caroline Constance Wilson in the same manner in every respect as if Live herein before devised the sum of four thousand Pounds Stock to the Children of my Daughter Arabella Louisa Burke and in case of no one to take according to the mode of ???? herein set forth then the said Five Hundred pounds Stock to be considered as part of the surplus or residue of my personal estate and be disposed of accordingly among my next of Kin. Thirdly, It is my Will and I do thereby direct that in the case hereinforth specified the sum of Five hundred pounds residue of the aforesaid Five thousand pounds consolidated four per Cent annuities, no three and a half per cent reduced, as aforesaid be transferred to and stand in the names or name of the aforesaid Henry Moreton Dyer and John Wilson and of Charles Hoare Esquire of Baker Street London or in the names or name of the Survivors or Survivor of them and I do in such case give and bequeath the same amount of stock residue as aforesaid to them the said Henry Moreton Dyer, John Wilson and Charles Hoare, and the Survivors and Survivor of them and the Executors Administrators and Assigns of such Survivor Upon Trust that they the said Trustees or the Survivors or Survivor of them or the Executors Administrators or Assigns of such Survivors do and shall pay transfer and assign the interest dividends and annual produce of the said Five hundred pounds Stock to between and among all and every the Children of my deceased Daughter Matilda Otley Hoare, equally amongst them and the said principal Stock of Five hundred pounds and the interest dividends and annual produce thereof to between or among all and every such Children or Child of my said deceased Daughter who being a Son shall attain the age of twenty one years or his lawful issue if he shall have departed this life before that age having issue or being a Daughter shall attain that age or marry, to be divided between or among such Children if more than one, in equal shares or proportions and if but one Child the whole to such Child and if there shall be no Child of my said Daughter Matilda Otley Hoare who shall live to receive or enjoy this bequest or leave issue as above mentioned, then that the said trust money stocks and funds last mentioned and bequeathed be considered as part of the surplus or residue of my personal Estate and be disposed of accordingly among my next of Kin. Fourthly, I do hereby authorize and ??? Michael Rowland Burke whom I do hereby constitute and appoint one of my Executors for this amongst other purposes, to call in collect and receive or to compromise or compound a certain debt which was due and owing to me by my late Brother Richard Augustus Fahie and which is yet due and owing to me on Bond or Judgment thereon or on Mortgage on Negroes and to give or allow such reasonable time by way of indulgence for the payment of same at any point therefor to them may seem proper and in the mean time to take and accept such additional Security for the payment of the same or any part thereof as he in his discretion shall think fit, it being my desire that the family of my said deceased Brother be not distressed for the same and it is my Will and desire that such sum as he the said Michael Rowland Burke shall or may receive in entire or part satisfaction of the debt aforesaid be invested in the purchase of Parliamentary Stocks or other Funds of Great Britain, in the names of the aforesaid Thomas O'Maley James Davoren William Thomson and John Wilson or in the names or name of the Survivors or Survivor of them and I do in such case give and bequeath the same to them the Trustees last mentioned and Executors Administrators and Assigns of such Survivor Upon the Trusts and for the several ends intents and purposes, and with under and subject to the several powers provisor conditions and declarations, which have been herein above declared or which shall or may be hereinafter declared of and concerning the Four thousand pounds Stock vested as aforesaid in the three and a half per cent reduced. Provided always that it shall be lawful to and for the several Trustees constituted or to be constituted by virtue of this my Will, their and every of their Executors and Administrators respectively by and out of the Trust Moneys in them hereby severally vested or to be vested to reimburse to himself or themselves respectively and to allow to his and their Co-Trustees all such Costs and charges, as may have arisen or may arise from or by reason of the Trusts aforesaid and that none of the said Trustees or their legal Representatives shall be accountable for any more money (Wm Chas Fahie) than what they shall respectively receive by virtue of the Trusts aforesaid or for the receipt or receipts of the other of them but each for his own Acts receipts and willful defaults only may for the insufficiency of any Security upon which the said Moneys shall be invested nor of any Bankers Agent or other person employed by any of them, nor for any Act in the Execution of the several Trust in them respectively reposed unless the same shall happen through their or his own willful neglect or default. Provided, also and I do also direct that in case any or either of my said Trustees or any future Trustee shall happen to die, or be desirous of being discharged from or neglect or refuse or be unable to act in the Trusts hereby creates them it shall and may be lawful to and for the Survivors or Survivor of them and the Executors Administrators and Assigns of such Survivor by any Writing or Writings under their or his respective hands and Seals attested by two or more credible Witnesses from time to time to nominate and appoint, by and with the consent of such of the Parties within or before mentioned as shall happen at the time to be beneficially interested, and of age of twenty one Years, by some writing signed by his or them, or such person as aforesaid any other Trustee or Trustees in the stead or place of the Trustee or Trustees so dying or desirous to be discharged or refusing or neglecting or becoming incapable to act and that thereupon all the Trust Moneys shall be transferred to and vested in the surviving or continuing Trustee or Trustees and in such New Trustee or Trustees and upon the same Trusts with the same rights, indemnities and Securities as herein before declared or intended of and concerning the same Trust Moneys Stocks or Securities respectively as fully and effectively to all intents and purposes as if all the said Trustees had been originally named in this my Will and I do hereby further will and direct that it shall and may be lawful for the several Trustees appointed or to be appointed by virtue of this my Will to charge alter and vary the Security or Securities from which the said Trust Moneys to them respectively bequeathed by this my Will shall from time to time be invested for my other Security or Securities of the like sort or nature when and as often as shall be thought advisable for the interest of the several parties concerned or beneficially interested. Fifthly I do hereby bequeath to my dearly beloved Wife Mary Ester, for and during her natural life, the use of all my Plate, Household furniture, linen, China, Books and Pictures and at her death I do give and bequeath the same unto my Daughter Arabella Louisa Burke and I do also bequeath unto my said Wife all the store of Liquors of which I may die possessed and my Carriage and Horses. Sixthly, I do hereby further give and bequeath unto the aforesaid Henry Moreton Dyer and Michael Rowland Burke and to the Survivors of them and to the Executors Administrators and Assigns of such Survivors, One quarter part of my aforesaid half part of the Legacy herein before mentioned upon and for the Several Trusts and to the several uses Intents and purposes in every respect as I have in the second clauses of this my Will, given and bequeathed the sum of Five hundred pounds consolidated Three and a half per cent Annuities reduced. Seventhly, I do hereby further give and bequeath unto the aforesaid Henry Moreton Dyer, John Wilson and Charles Hoare and to the Survivor of them or Survivor of them and to the Executors Administrators and Assigns of such Survivor the remaining quarter part of my aforesaid half part of the Legacy aforesaid. Upon and for the Trusts and to the several intents and purposes in every respect as I have in the third Clause of this my Will bequeathed the Sum of Five hundred pounds Stock consolidated thereby and a half per cent annuities reduced. Lastly, I do hereby nominate and appoint my Son in Law Michael Rowland Burke Executor of this my last Will and Testament as respects all my Interests or Concerns in the West Indies. The Honorable Augustus William Harvey M.D. and Thomas Butterfield Esquire, Barrister at Law, both of these Islands of Bermuda, Executors thereof as respects my Interests or Concerns in the said Island of Bermuda and my Son in Law John Wilson, Executor thereof as respects my Interests or Concerns in any part of the United Kingdom of Great Britain and Ireland, hereby revoking all former or other Wills by me at any time heretofore made.


In Witness whereof I the said William Charles Fahie to this my last Will and Testament contained in four Sheets and a half of paper affixed together have to the first four sheets thereof my Hand and Seal this thirteenth day of July the Year of Our Lord One thousand Eight hundred and Twenty nine.

Signed, Sealed published and
Declared by the said Testator
As and for his last Will and
Testament in the presence of us
Who in his presence and in the
Presence of each other at his
request have subscribed our
names as Witnesses hereto as
We have also done to as dupli-
cate of this above Written will
at this same time

John Noble Harvey         Wm Chs Fahie
Nathl Jas Tucker


This is a Codicil to be added to, and taken as part of the last Will and Testament of me Sir William Charles Fahie late Rear Admiral of the Red now Vice Admiral of the Blue which said Will was executed in Original and Duplicate and bears the date the nineteenth day of July One thousand eight hundred and twenty nine.


Whereas I have in and by sign aforesaid Will directed thereto amongst others having the sum of Eight hundred and fifty pounds Sterling standing in my name in the three and a half per Cent reduced in England be transferred to and stand under the Name of Thomas O'Maley, James Davoren, William Thomson and John Wilson or in the Names or Name of the Survivors or Survivor of them and I have therein amongst other things bequeathed the said Sum to them as therein mentioned upon certain Trusts therein declared and expressed of and confessing the same I do thereby further will and direct that the additional sum of One hundred and fifty pounds now standing in my name as Rear Admiral in the said Three and a half per Cent reduced annuities be also transferred to and stand in the name of the aforesaid Thomas O'Maley, James Davoren and William Thomson and John Wilson and the Survivors or Survivor of them, and I do hereby bequeath the said Sum of One hundred and fifty pounds Sterling three and a half per Cent annuities to the said Trustees in and upon the Same Trusts and to and for the same purposes and under the same provides conditions, covenants, powers, indemnities and Securities in every respect as I have bequeathed the aforesaid Sum of Eighteen hundred and fifty pounds as herein and therein mentioned. In witness whereof, I have hereunto as also to a duplicate hereof set my Hand and Seal this twelfth day of October in the Year of Our Lord One thousand Eight hundred and thirty


Signed, Sealed published and
Declared by the said Testator
as and for his Codicil to his
last Will and Testament in the
presence of us, who in his presence
and in the presence of each other,
at his request, have subscribed our
names as Witnesses hereto, as
we have also done to a Duplicate
of the above written Codicil


     John Noble Harvey
N. J. Tucker     Wm Chs Fahie

I William Charles Fahie Knight Commander of the Most Honorable Military Order of the Bath Commander of the Royal Sicilian Order of Saint Ferdinand and of Merit and Vice Admiral of the Blue Do make this Codicil to my last Will and Testament dated the Twelfth day of October in the Year of Our Lord One thousand eight hundred and twenty nine.


Whereas by agreement in writing made and entered into between me the said Sir William Charles Fahie, Hugh Ripley Semper of the Island of Saint Christopher Esquire and George Augustus William Fahie of the same Island Barrister at Law, I have agreed to transfer to them all the debt and Claims on the Estate of my late Brother Richard Augustus Fahie mentioned and contained in my said last Will and testament and therein bequeathed to the use of my daughter Arabella Louisa Moreton Burke for the sum of One thousand pounds Sterling Money of Great Britain payable at the times and in the manner therein mentioned, I give divide and bequeath all that said sum of One thousand pounds Sterling unto my Daughter Arabella Louisa Moreton Burke for her own use and benefit. But whereas if the condition mentioned and contained in the foresaid agreement are not perferred into the part of the said Hugh Ripley Semper and George Augustus William Fahie I shall be entitled to the whole of the said debt and the Securities for the same In such case I give divide and bequeath the whole of my said debt and the Securities for the same unto my said daughter Arabella Louisa Moreton Burke for her own use and benefit And it is my Will and desire that whatever sums or sum of Money in Exchequer Bills or otherwise which shall be accumulated in my Agents Hands at the time of my death not otherwise disposed of shall like appropriated by my Executors to the purchase of a House or Houses and Land in the Island of Bermuda and I give divide and bequeath such House to my Wife Mary Esther for and during her natural life. Remainder To my said daughter Arabella Louisa Moreton Burke her heirs and assigns forever. In witness whereof I have hereunto as well as a duplicate hereof set my Hand and Seal this twenty eighth day of March in the Year of Our Lord One thousand eight hundred and thirty two.


Signed Sealed published and                                     Wm Chs Fahie
declared by the said Testators                                    Memorandum
as and for his Codicil to his                                         It is my will and
last Will and Testament in                                           desire that my
the presence of us ad in the                                         Negroe Man named
presence of each other at his                                       Sam should have
request have subscribed our                                        his freedom and
names as Witnesses hereto as                                     immediately after
also to a Duplicate of the                                            my Death
above written Codicil                                                Wm Chs Fahie



John Rawlins
George AW Fahie
Thos Cowling

Saint Christopher                                                                                                                  Before me John Lyons Nixon
Esquire Lieutenant Governor
of the said Island of Saint
Christopher, Vice Admiral
and Ordinary in and
over the same.


Personally appeared the Honorable Thomas O'Maley of the said Island Esquire who being duly sworn maketh Oath and saith that he hath frequently seen the wither Testator Sir William Charles Fahie write and that his is well acquainted with his character and manner of Hand writing and that he verily believed the named Wm Chs Fahie appearing on the several sheets of the within paper writing purporting to be and which the Deponent verily believed to be and contain the last Will and Testament of the said Sir William Charles Fahie, is of the proper hand writing of the said Sir William Charles Fahie And this Deponent further saith that John Noble Harvey and Nathaniel James Tucker whose names appear as the Witnesses attesting the Execution of the within written Will are not nor is either of them residents within the Jurisdiction of this Court.


T O'Maley

Sworn at Government House
this 17th day of July 1833
J Lyons Nixon

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