Will Of Wm Franklin formerly Governor of the Province of New Jersey dated Apl 15th 1813 A.D.
(From a copy in the possession of Franklin Bache) 1937
Original held at the Library of the American Philosophical Society.
APS permission required and granted 25 February 2005.

In the name of God, Amen, I William Franklin late Governor of his Majesty's Province of Nova Caesarea or New Jersey, but now residing in Norton Street in the Parish of Marylebone otherwise Marybone in the County of Middlesex in Great Britain, Esquire, being of sound and disposing mind and memory Do make this my last Will and Testament in manner following; I resign my soul with the utmost humility to that Almighty being to whom it owes its existence with full confidence in his goodness and mercy - My Body I desire may be buried with as much frugality as is consistent with decency and should I die in or near London it is my request to be buried in the same grave in St. Pancras Church Yard (if it conveniently may be) in which my late beloved wife was deposited. And Whereas by an Indenture bearing date on or about the 25th day of March last and made between me by my description therein of the one Part and Thomas Jones of Nottingham Place in the Parish of Marybone aforesaid Esquire and Patrick Bartlett of Nottingham Place aforesaid Esquire of the other part I the said William Franklin did thereby bargain sell assign transfer and set over unto them the said Thomas Jones and Patrick Bartlett of Nottingham Place aforesaid Esquire of the other part I the said William Franklin did thereby bargain sell assign transfer and set over them the said Thomas Jones and Patrick Bartlett their executors administrators and assigns All that my messuage or tenement in Norton Street aforesaid and also all my stocks or funds standing in my name in the Books of the Governor and Company of the Bank of England and all dividends which should be due thereon at any decease and all arrears of my pension which should be due at my decease from the Government of Great Britain or other wise. And also all my books plate household furniture linen china glass and fixtures and all other my personal estate whatsoever and wheresoever from the time of my decease In Trust for the benefit and advantage of Helena commonly called Ellen Franklin in manner in the said Indenture mentioned And Whereas in the said Indenture is contained a Proviso that it should and might be lawful to and for me the said William Franklin at any time or times during my life by any deed or writing deeds or writings under my hand and seal or by last Will or Testament in writing or by any codicil or codicils to such Will to be duly executed to revoke and make void alter or change all or any of the respective trust or trusts in and by the said recited Indenture limited and appointed of the said Messuage or Tenement stocks and funds dividends arrears of pension books plate household furniture Linen china glass and pictures and all other personal estate so as signed by me as aforesaid.-- Now I the Said William Franklin do hereby confirm the said deed in all respects except where the same is altered by This my will and I do hereby charge the said trust property in manner following that is to say I direct that my funeral expenses the expenses of proving this my will and all my just debts shall be defrayed and paid out of the money which may belong to me and be in my possession in my dwelling house or in the hands of my bankers or the dividends due from the public funds or the arrears of my pension or allowance from Government at the time of my decease but in case such money should not prove sufficient for the said purposes (which however will probably not be the case) then my executors are to discharge the same by sale or transfer of the three per cents consols or three per cents reduced belonging to me in the public funds or such parts thereof as may be necessary for the before mentioned purposes and for discharging the legacies hereafter by me bequeathed I give and bequeath to my godson William Franklin Odell son of Jonathan Odell one of his Majesty's Counsell of New Brunswick £50 four per-cent stock each to be tranferred (sic) to their names from my stock or sold and remitted or paid to them or their Order as they shall respectively choose I likewise give and bequeath to my godson Francis Barlow son to William and Ellen Barlow £100 of my stock in the three per cents consols or reduced to be paid or transferred to his parents or the survivor of them towards his education or for such other purposes as they may judge most for his benefit and I give to the said Ellen Barlow if living at the time of my decease £50 sterling I give and bequeath to my much esteemed friends Mrs. Anne Henley (?) and to Miss Hester Whiting date now living at No. 11 Manchester Street Manchester Square Eighteen guineas each to purchase a ring or such other memorial as they may choose to keep in remembrance of me and as some though not adequate mark of my regard for them I give and bequeath to my much esteemed friends Catherine Floyer widow of the late Charles Floyer Esq: of Portland Place and to Arthur Cooke Esq: of 55. Welbeck Street London Fifteen guineas each to purchase a ring or some other token in remembrance of our Friendship I give and bequeath to Ms. Mary Kennion of No. 21. Carburton Street Fitzroy Square and to Miss Mary Dillon of No 39 Gloucester Street Queen Square thirty pounds sterling each as a token of my regard to them and in consideration of their kind attention to my late beloved Wife during her illness and for the same reasons I give and bequeath to my amiable friend Miss Teresa Jones now living at New Hall near the town of Chelmsford in Essex Fifteen guineas I give to Mrs. Mary Byrne Widow now living at No 18. in Cleveland Street Fitzroy Square and to Miss Eliza O'Shea now living at No 77 Baker Street Fifteen pounds each for a ring or other memorial of my regard for them I give and bequeath to Miss Ann. Byrne of No John St Fitzroy Square to Miss Mary Odell daughter of Jonathan Odell. Esq: of New Brunswick in North America Miss Eleanor Porden (sic) of No 59. Berners Street and to Miss Vardill of 45 Clipstone Street Marylebone £15. each as a mark of my friendship and esteem for their. personal merits and distinguished abilities. I give a years wages to each of my servants living with me at the time of my decease over and above what may be due to them provided their behavior shall be such as to meet the approbation of my Executors or any one of them and that they had lived a twelvemonth in my service And in case there should happen to be any sum or sums of money due to me from any of the before mentioned legatees at the time of my decease such sum or sums shall be considered as never intended to be demanded but as a free gift from me before my death and not as a legacy. Having a right to a very considerable share of a grant of Lands called the Indiana grant on the frontiers of Pensylvania and having heretofore assigned one half of the said right to William Temple Franklin Esq: I do hereby give and bequeath the other remaining half to him his heirs.and assigns if the same shall be recovered or any compensation for it which has been suggested as what the Government of the United States intended to allow (and which if they have any sense of Justice they will allow) it may prove a valuable Estate. I also give and bequeath to the Said William Temple Franklin his heirs and assigns one third part of what may be recovered of the debt due to me from the estate of Colonel George Croghan deceased (formerly Deputy Superintendent of Indian affairs in America) which are Situate in the State of New York and which I am lately assured there is a probability of being recovered And I request my Executors to deliver up to him all such letters and papers as have any relation to the Said Indiana Grant or debt or debts aforesaid I give and bequeath to my much valued friands Major Thomas Gamble of Little Gaddesten Hertfordshire Mrs. Burnet wife of Lieut. Colonel Burnet late of Duram Place Chelsea Miss Frances Chalmeres daughter of Colonel Chalmeres late of Paradise Row Chelsea and Miss Sarah Lane of Cork Street Woolverhampton £15 each for the rurchase of a ring or some other memorial in remembrance of our friendship If Mary Barr my present housekeeper and William Horrock my footman should be living in my service at the time of my decease I hereby give to the former £10 Sterling and to the latter my wearing apparel in addition to what is before bequeathed to them also suitable mourning to each of them and to my maid servant Ann Lambeth if then living in my service. I do hereby nominate and appoint my worthy friends Thomas Jones of No 33 Nottingham Place Parish of Marylebone and Patrick Bartlet of No 9 Nottingham Place aforesaid Esqs Executors and Trustees to this my last will and testament And I do hereby give and bequeath to each of my said Executors and Trustees the sum of a £40 (?) as a mark of my esteem and a small compensation for their kind acceptance of the trouble of carrying this my will into execution. And it is also my further Will that my said executors and they are hereby authorized and empowered to sell and dispose of all such. parts and parcels of my Lease-hold furniture China glass and pictures (should they deem any such sale necessary or expedient) as the said Helena otherwise Ellen Franklin may not chuse to have for her own use And also excepting my plate the family pictures and those of the King and Queen and likewise the glass out of which the Queen drank at the Coronation Dinner and which is contained in a box wood case turned by my late friend the late General Staak Long Morris Husband to the late Duchess of Gordon which said pictures and glass if is my desire should be kept by the said Helena otherwise Ellen Franklin during her life and afterwards given by her to some relation of the Franklin branch of my family I hereby constitute and appoint the said Thomas Jones and Patrick Bartlet and the Survivor of them Guardian and Guardians of the said Helena otherwise Ellen Franklin during her minority And thereby appoint said Thomas Jones and Patrick Bartlet executors of this my will And I hereby declare my will to be that it shall may be lawful to and for my said executors and their respective heirs executors and administrators by and out of all or any of the monies which by virtue of this my will or any Trust therein declared shall come to their or any of their hands to deduct retain to and re-imburse Themselves all such reasonable costs charges and expenses as they respectively shall or may sustain expend or be put unto in or about the execution of this my will And also that my said executors and their respective heirs executors and administrators shall be charged and chargeable only each and every of them for and with their and his own respective receipts payments acts and wilful defaults and not otherwise and shall not be charged or chargeable with or for any.sum or sums of money other than such as shall actually and respectively come to their or his hands by virtue of this my will nor or for any loss or damages which may happen in or about the execution of all or any of the trusts hereby in them reposed without his her or their respective wilful defaults And lastly hereby revoking all former wills by me made I declare this to be my last will and Testament. In Witness whereof I the said Testator William Franklin have to this my will contained in five sheets of paper set my hand to the first four sheets and my hand and seal to this fifth and last sheet and also to a duplicate thereof this 15th day of April in the year of our Lord 1813.

(Signed) Wm Franklin

Seal Signed sealed published and declared by the said William Franklin the Testator as and for his last will and testament in the presence of us who at his request in his presence and the presence of each of her have subscribed our names as witnesses thereto

(Signed) Michael Smith 36 Norton Street Thomas Ewen 74 Norton Street John Pownall Staple Inn Heads of a codicil to be added to my last will I give and bequeath to the two eldest sons of my kinsman Jonathan Williams Esq: of Philadelphia North America £40 sterling to be equally divided between them.
2. I give and bequeath to my neighbour Mrs. Bloomfield living at No 16 Norton Street £15 to purchase a ring or other small token in remembrance of me
3. I hereby authorize and direct my executors to find a child known by the name of Mary Jones (whom my late wife took under her protection and is now living with me but is bound apprentice to Martha Henley for 3 years from the lst day of October next to learn the trade of Mantua making) in suitable cloathing for the Said Term and at the expiration tbereof to give her the sum of £25 Sterlg.

Given under my hand (with which the above is written) the 7th day of Septr: 1813.

(Signed) Wm Franklin