This transcription is based on a probate that can be found within the records of Prerogative Court of Canterbury under the reference PROB 11/2193/347.

Direct Transcription

In case of my death during the voyage which I am about to undertake to the Arctic Seas I hereby make my last Will and Testament being now by Gods blessing in a sound state of body and mind The whole of my worldly property consisting of three thousand five hundred pounds £3500 In the consolidated three per cent annuities the dividends for which are drawn by Mess^rs. Hoare & C^o. Fleet Street London together with such sum or sums as may be to my Credit in the hands of the said Mess^rs. Hoare & C^o. and together with any sum or sums that may be to my Credit in the hands of Mss^rs. Stilwell & Sons Arundel Street Strand Navy Agents I hereby will without reserve to my best beloved Friend William Coningham Esq^r. now residing at 42 Porchester Terrace Bayswater Or in case of the death of the said William Coningham at the time of my decease to his Wife Elizabeth Coningham or in case of her death at the time of my decease to their Son William Coningham And all Goods and Chattels and property of any sort that I may possess I will as aforesaid to William Coningham Esq^r. or to Elizabeth his Wife or to their son William Coningham And any sum or sums that may hereafter be left to me by will or in any manner whatsoever and which I am not now aware of possessing or may not hereafter be aware of I leave as aforesaid to William Coningham Esq^r or to Elizabeth his  Wife or to their Son William Coningham and in case of the death of whole of  the aforesaid parties at the time that the News of my death may reach England Then I desire that all my property as aforesaid may descend in succession to the  eldest living child of the said William Coningham and in case of my not having expressed myself clearly I desire and wish that whoever may survive to claim the said property be considered in full possession of it without entail or hindrance And my hope is that William Coningham may live to claim all I may have to leave him In Witness whereof I herewith subscribe my hand this day¹ of May one thousand eight hundred and forty five on board H.M.S. Erebus at Woolwich _ James Fitzjames Commander Royal Navy _  Witness to signature _ H. D. Le Vesconte Lieut: R. N. _ J. W. Fairholme Lieut: R. N.

In the Goods of James Fitzjames, Esquire, deceased

Appeared personally William Coningham of Brighton in the County of Sussex Esquire and made Oath that the said James Fitzjames sailed from Woolwich in the County of Kent in the month of May in the year 1845 (the second in command of Her Majesty’s Ship Erebus) as one of the expedition under the Command of Sir John Franklin for the exploration of the Arctic Seas And he further made Oath that the said James Fitzjames in anticipation of the perils of the said intended voyage whilst on board the said Ship Erebus at Woolwich aforesaid in the said month of May but the date more particularly he cannot set forth made and executed his last Will and Testament (now hereunto annexed² in the presence of Henry Thomas Dundas Le Vesconte and James Walter Fairholme the subscribed Witnesses thereto both of whom were Officers on board of and belonging to the said Ship and also accompanied the said expedition that the said James Fitzjames delivered this Will into the hands of this deponent for safe custody on or about the day on which it was executed And he further made Oath that the last Letters received from the said Ship were dated on or about the 12th day of July in the said year 1845 since which time the said James Fitzjames has not been heard of nor have any tidings been received from the said expedition since the month of July in the said year And he verily believes that the said James Fitzjames is long since dead and he further made Oath that the said James Fitzjames died in or since the month of July one thousand eight hundred and forty five to the best of his knowledge information and belief _ William Coningham _ On the 14 day of June 1854 the said William Coningham was duly sworn to the truth of this Affidavit Before me  J. G. Middleton Surre³ _ W. F. Gostling Not Pub^c.

On the 26th June 1854 Admon (with the Will annexed) of the Goods Chattels and Credits of James Fitzjames late a Commander in the Royal Navy belonging to Her Majestys Ship Erebus at Sea Esquire deceased was granted to William Coningham Esquire the universal Legatee named in the said Will having been first sworn duly to administer No Executor.

1. There is just a small gap between ‘this’ and ‘day’ without an actual day filled in on the document.
2. This is likely where the bracket was meant to close.
3. This might be ‘Surr’.