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188] ANNUAL REGISTER
was then beat against the side of a ledge of rocks, where she continued near three hours with the surf dashing on her, before she could be got on shore, which, at length, with great difficulty, was happily accomplished.
The following is said to be an authentic copy of a Will, made by his majesty King Geo. I. in favour of the Duchess of Kendal, together with a declaration of trust from Robert Walpole, Esq; afterwards Sir Robert, to his said majesty, for the use of the Duchess--An also the opinion of several of the most eminent lawyers of that reign, relative to the disposal of the king's personalities.
(COPY)
Whereas I George, king of Great Britain, France and Ireland, &c. am possessed of an entitled to ten thousand pounds capital stock of the Governor and Company of Merchants of Great Britain, trading to the South Seas and other parts of America, and for encouraging the fishery, commonly called South Sea Stock, as in and by the books of the said Governor and Company may and doth appear. And whereas twelve thousand nine hundred eighty-six pounds two shillings and two pence of the same capital flock of the said Governor and Company is vested in our right trusty and well beloved counsellor Robert Walpole, Esq; and for which last-mentioned stock the said Robert Walpole has credit given him in the books of the said Governor and Company, by virtue of our warrant under our royal sign manual, bearing date the twenty-fourth day of May, in the year of our Lord one thousand seven hundred twenty-three; which said stock was my proper stock, and so vested in and allowed to the said Robert Walpole--only upon trust, and to the intent and purpose that he the said Robert Walpole should transfer and assign the fame, with all the dividends, produce and profits thereof, to such person or persons, and to and for such uses, intents, and purposes as I, by any instrument in writing, or by my last will and testament, or by any writing purporting my last will and testament respectively, to be signed by me, in the presence of two or more credible witnesses, should direct or appoint : and until such direction or appointment shall be made by me as aforesaid; or in default thereof, that the said Robert Walpole should be and remain possessed of the said twelve thousand nine hundred eighty-six pounds two shillings and two pence capital stock, and the produce, profits, and dividends of and for the fame, on trust for my sole use and benefit, and for no other use, intent and purpose whatsoever. And whereas it is my will and design to give and dispose all the said capital stock, as well that of which I am possessed as that which is vested in the said Robert Walpole, in trust as aforesaid, from and after my decease, together with all the dividends and profits that shall be then due and in arrear for the fame, toe Ehrengard Melusine, Duchess of Kendal,--to and for her sole use and benefit: and for that purpose only I have thought fit to make this my last will and testament. Now I do hereby give and devise, as well the said
For the YEAR 1772 [189
said ten thousand pounds capital the stock of which I am possessed, as aforesaid, as the said twelve thousand nine hundred eighty-six pounds two shillings and two pence, capital stock, which is vested in the said Robert Walpole, in trust as aforesaid, together with all the dividends and profits which shall be due and in arrear for the fame, at the time of my decease, and all the right and title I can or may have in or to the said ten thousand pounds capital stock, and the said twelve thousand nine hundred eighty-six pounds two shillings and two pence, or any part thereof, either in law or equity, to Ehrengard Melusine, Duchess of Kendal--for her sole use and benefit.--And I do hereby direct and appoint the said Robert Walpole, his executors and administrators, as soon as conveniently may be after my decease, to assign and in due manner transfer the said twelve thousand nine hundred eighty-six pounds two shillings and two pence, capital stock, vested in him the said Robert Walpole, in trust as aforesaid, together with all the dividends then unreceived and due for the fame, to the said Ehrengard Melusine, Duchess of Kendal, and for the sole use and benefit of the said Ehrengard Melusine, Duchess of Kendal. And to the end that this my will and intention may better take effect, I do hereby make, constitute and appoint the said Ehrengard Melusine, Duchess of Kendal-------of this my last will and testament as to the said capital stock only, hereby given and devised, or hereby mentioned or intended to the said Duchess of Kendal to be given and devised, as aforesaid, and to and for no other matter or thing, intent, or purpose whatsoever, hereby declaring my will and desire to be, that this my last will, made for the purpose aforesaid, shall be construed and expounded in the most favourable and beneficial manner, for effecting what is hereby by me intended. And in testimony that this is my last will and testament, I have signed and sealed the same, the twenty-fifth day of May, in the year of our Lord one thousand seven hundred twenty.
(Signed)
GEORGE R.
Signed, sealed, published, and declared, by me George, king of Great Britain, France, and Ireland, to be my last will and testament, in the presence of
R. Walpole.
L. M. Mehmet,
Secretary to the Duchess of Kendal.
The Declaration of Trust from Sir Robert Walpole.
Whereas 12986l. 2s. 2d. capital stock of the Governor and Company of Merchants of Great Britain trading to the South Seas and other parts of America, and for encouraging the fishery, commonly called South Sea stock, was, by virtue of his majesty's warrant under his royal sign manual, bearing date the 24th day of May, in the year of our Lord 1723, placed to the credit of Robert Walpole, Esq; in the books of the said company, as in and by the said books may and doth appear. Now know all men by these presents, that the said Robert Walpole doth hereby acknowledge and declare, that the said capital stock, and every part thereof, was and is the proper stock of his said majesty ; and that the name of him, the said Robert Walpole,
