Jamaican Family Search Genealogy Research Library
WILLS OF WILLIAM RHODES JAMES
HERBERT JARRETT JAMES
See Herbert Jarrett James below
WILL OF WILLIAM RHODES JAMES, 1744
Liber Old Series 24 folio 158
In the Name of God Amen I William Rhodes James of the parish of Hanover and Island aforesaid Planter being sick and weak in body but of sound and perfect mind and memory Do on this fifth day of May in the 17th year of the reign of our Sovereign Lord George II by the Grace of God of Great Britain France and Ireland King and of Jamaica Lord defender of the faith and in the year of our Lord 1744 do make and ordain this my last Will and Testament in manner and form following viz.
Imprimus. I commit my soul into the hands of the Almighty and Gracious God who gave it and my body to be buried in a most decent manner at the Discretion of my Executors hereafter named My just debts and funeral charges being first paid.
Item. I give devise and bequeath unto my well beloved daughter Rebecca James the sum of five hundred pounds Current money of this Island to be paid unto her at the day of marriage or age of 21 years which shall first happen. Also her choice of one Negro girl out of my Estate with a horse and saddle and that she maintained out of my said Estate until the day of marriage or age of 21 years which shall first happen.
Item. I give devise and bequeath unto my well beloved daughter Ann James the sum of five hundred pounds Current money of this Island to be paid unto her at the day of marriage or age of 21 years which shall first happen also her choice of one Negro girl out of my Estate with a horse and saddle and that she be maintained out of my said Estate until the day of marriage or age of 21 years which shall first happen.
Item. It is my will that my Executors hereafter named do pay unto Mrs. Elizabeth Witter the sum of five hundred pounds Current money of this Island out of my Estate for the full hire of her Negros which I hope she will be content to receive in moderate amounts and not to distress my Estate and that she be suffered to dwell in the same House that she now lives in with all other advantages during her pleasure.
Item. It is my will that Daniel Hill and Elizabeth his wife be suffered to dwell in the same House they now live in during their pleasure with all privileges as usuall.
Item. It is my will that Elizabeth Falton Angela Smith and Elizabeth Pavier be suffered to remain in the same Habitation they now enjoy during their pleasure.
Item. I give devise and bequeath all the rest and remainder of my Estate both real and personall unto my well beloved sons William Rhodes James and Thomas James equally between them and their heirs lawfully begotten of their bodys for ever sharing equally the profits and produce theirof and also all that my Estate shall not be divided but that my son William when he comes at the age of 21 years shall have the full Management and Directive of the same and that my said sons William and Thomas be sent off to Old England by the first convenient opertunity to have there education there during there minority and that they be maintained out of my Estate at the direction of my Executors hereafter named
Lastly I do nominate constitute and appoint my two well beloved brothers Edward James and Charles James and also my loving friend James Dawes to be jointly and separately Executors and Guardians to the bodys of my Children and Estate and to this my last Will and Testament here by revoking and making null and void all other wills heretofore by me at any time made allowing this to be the only my last Will and Testament
In witness whereof I have hereunto affixed my Hand and Seal the day and date before written
William Rhodes James [seal]
Signed Sealed and Delivered in ye presents off George Paman [?]
Richard Thomas Witter
Memd. This sixth of September 1744 personally came and appeared before me Richard Thomas Witter and made oath upon the Holy Evangelists that he was present and did see William Rhodes James the testator within mentioned being then of sound mind and memory sign still publish and declare the within written Instrument to be his Last Will and Testament and that at the same time George Paman and John Moore were also present and together with him subscribed their names as witnesses to the same in the presence of the said Testator And further that he knows nothing of any other will since made by the said Testator which may tend to the disadvantage of the will within written.
For Genealogy see Descendants of Richard James, #9.
WILL OF HERBERT JARRETT JAMES
Probate of the Will and Codicil of Herbert Jarrett James Esq. deceased
Dated 8th May 1840
In the Name of God Amen
I Herbert Jarrett James of Spanish Town in the Island aforesaid Esquire being sick in body but of sound and disposing mind and in understanding do make publish and declare this to be my last will and testament revoking hereby all former wills and codicils by me heretofore made I direct in the first place the payment of any debts which may be due by me at the time of my decease and also my funeral expenses I give and bequeath unto my dear mother RACHEL ALLEN JAMES now residing at Clifton One Annuity or clear yearly sum of Two hundred pounds sterling money of Great Britain payable in England for and during the term of her natural life And I direct that such Annuity shall commence from the day of my death and be payable by quarterly instalments together with a proportionate part up to the day of her decease I also give and bequeath unto my dear wife JANE CAROLINE JAMES One Annuity or clear yearly sum of One hundred and fifty pounds like sterling money for and during the term of her natural life And I declare such Annuity to be in full bar and satisfaction of all dower or thirds which my said wife could claim out of my Estate such Annuity to be payable quarterly in England at the days and times at which the allowance now made to her is paid and to commence from my decease together with a proportionate part thereof up to her decease All the rest residue and remainder of my estate which only consists of personal property I give and bequeath unto my brother WILLIAM RHODES JAMES at present residing in Suffolk Esquire and unto my friend Robert Hawthorn of the City of London Merchant and the survivor of them and his executors and administrators upon the TRUSTS following that is to say Upon Trust to collect receive and get in such parts of my said estate as shall be due upon personal and private security and for such purpose I authorize and empower my said trustees and the survivor of them to compound settle and adjust such last mentioned estate and to accept part for the whole in as full and ample a manner as I myself could have done if living and for the like purpose if need be to refer all matters arising out of debts due to my estate to the award of any one or more referees and upon receipt and collection of such debts I direct my said Trustees and the survivor and his executors and administrators to invest the same with the monies arising from the sale of my other personal estate in some one or more of the Government funds of Great Britain or in the United States in such manner as my said trustees shall deem expedient And whereas I am possessed of considerable sums of money vested in the United States of America upon various securities now I authorize and empower my said trustees if to them it shall seem expedient and of their sole authority either to allow such last mentioned monies to remain on such securities or to vary or transfer the same in any other securities in the said United States or to sell out all my property in the said United States or any part thereof to invest the proceeds arising therefrom in the Government securities of Great Britain And I do further authorize and direct my said trustees as soon as conveniently shall be after my decease to cause the whole of my personal estate whether in the United States or England or elsewhere to be transferred to and invested in their names and I direct that my said Trustees shall stand possessed of such stocks funds or securities and any other personal estate of which I may die possessed of upon the Trusts following that is to say by and out of the annual interest dividends and proceeds thereof to pay the aforementioned annuities and as to one fourth part of the residue of such annual interest dividends and proceeds to pay the same into the hands of my dear daughter ELIZA the wife of WESTON GOSS Esquire for her sole and separate use for and during the term of her natural life free from the controul debts or any agreements of her present or any future husband And I direct that the receipt or receipts of my said daughter alone notwithstanding her coverture shall be a sufficient discharge to my said Trustees for such payment and from and after the decease of my said daughter then upon trust to pay assign and transfer one equal fourth part of my said estate and the stocks funds and securities wherein the same is invested unto and amongst all and every the child and children of my said dear daughter equally to be divided between them share and share alike as tenants in common and their respective executors and administrators the share or shares of such child or children as shall be a son or sons to be considered as vested on his or their attaining twenty one years and of such of them as shall be a daughter or daughters upon her or their attaining the age of Twenty one or day of marriage whichever shall first happen provided that in the event of any of the Children of my said daughter dying before his her or their share shall become vested the share of him her or them so dying as well as any accrued shares shall go to and accrue to the survivors and survivor and in case my said daughter shall depart this life without issue or such issue shall not live to attain the age of twenty one years if a son or the like age or day of marriage if a daughter then I will and direct that the said one fourth part of my estate shall sink into and form part of my estate hereinafter bequeathed and as to the remaining three fourths of my said estate I direct that my said trustees shall stand possessed thereof and of the stocks funds and securities whereon the same is invested as well as of all other my remaining personal estate upon Trust for my dear Children WILLIAM RHODES JAMES, JOHN VIDAL JAMES and RICHARD BOUCHER JAMES equally to be divided between them share and share alike as Tenants in Common and their respective executors administrators and assigns subject to such benefit of survivorship and period of vesting and payment as hereinafter mentioned as and when they shall respectively attain the age of Twenty three years provided And I do hereby declare that the share or shares of my said sons shall be considered vested interest for life upon their respectively attaining the age of twenty three years and not before And I do further declare that in the event of either of my said sons departing this life before he or they shall have attained the age of twenty three years the share or shares of him or them so dying as well as any accrued share or shares shall go and accrue to the survivors and survivor of them my said sons and notwithstanding I have directed the portion of my said sons to vest at Twenty three years of age still I do not desire that the said portions should be then paid over to them and in lieu thereof I direct my said Trustees as and when each of my said sons Shall attain twenty three to pay over transfer or assign to such son so attaining the age of twenty three years the sum of One thousand five hundred pounds sterling money of Great Britain to and for his own use and benefit and as to the remaining portion of each of my said sons I direct my said Trustees to stand possessed thereof in Trust to pay over one third part of the annual interest dividends and proceeds thereof unto each of my said sons for and during the term of their respective natural lives and from and after the decease of either of my said sons to pay assign and transfer the remaining portion or share of him or them so dying unto and amongst (together with all accrued shares) all and every the Child and Children of such deceased Son their executors and administrators in equal shares and proportions and in default of issue then to pay transfer and assign the same under such person or persons as would become entitled to receive the same under the statute of distributions And I do hereby further authorize empower and direct my said Trustees and the survivor of them and the executors and administrators of the survivor in the mean time and until the share or shares of my said sons shall become vested to pay and apply such portion of the interest dividends and annual proceeds of the share or shares or presumptive share of shares of either of my said sons as they my said Trustees shall think proper for and towards the maintenance education and support of such son and to permit the surplus thereof if any to accumulate for the benefit of the person or persons who shall become entitled thereto by virtue of this my will And I do further authorize and empower my said trustees and the survivor of them from time to time of their or his own sole authority and discretion as to the portion of my said daughter and also as to the portions of my said sons until they respectively attain twenty three years and thereafter by and with the consent in writing of my said sons to sell transfer and dispose of all or any stocks funds or securities belonging to me at the time of my decease or thereafter invested whether the same be in Great Britain America or elsewhere and to lay out the monies to arise from such sale transfer or disposition in the purchase of the like or any other stocks funds or securities or upon other Government or other real security at interest in Great Britain America or elsewhere and of their sole authority or by such consent as aforesaid to transfer change or vary such other stocks funds or securities or any of them as and when the same shall be expedient all and every such new stocks funds and securities and the dividends and interest thereof shall at all time be upon the same Trusts intents and purposes as are herein before expressed concerning my estate And I do hereby further authorize and empower my said Trustees by and with the consent in writing of my said daughter as to her portion notwithstanding her present or any future coverture and also by and with the consent in writing of my said sons when so soon as the portion of my said sons shall become vested and notwithstanding the same are not then payable as to each of their said portions to lay our and invest all or any part of the monies to arise from the sale or transfer hereinbefore authorized in the purchase of any Lands or hereditaments either freehold or Copyhold in the said United Kingdom all which said lands and hereditaments shall be conveyed and assured upon the same trusts and to and for the same intents and purposes and subject to the same powers limitation and agreements as are hereinbefore expressed concerning the portions of my said Children respectively or as near thereto as the rules of law and equity will admit and also by and with the like consent to resell and convey and assure the said lands and hereditaments so to be purchased or any part thereof unto any person or persons whomsoever And I do hereby declare that the lands and hereditaments so to be purchased shall when purchased be considered in all respects and to all intents and purposes as money and not as real estate And I do hereby further declare that all and every the purchasers or purchaser of any lands and hereditaments which shall be sold under the clause hereinbefore for that purpose contained shall upon payment of the purchase money to my said Trustees for the time being be discharged from the said purchase money and shall not thereafter be called upon or obliged or be liable to see to the application thereof nor in any manner answerable for the misapplication or nonapplication of the same provided also and I do hereby declare that in case either of the Trustees of this my will appointed or any succeeding Trustee or Trustees shall depart this life or be desirous to be discharged from the trusts hereof or shall be about to reside abroad or shall refuse neglect or become incapable to act it shall be lawful for my surviving continuing or only acting Trustee by and with the consent of my said daughter as to her portion and notwithstanding her coverture and also by and with the consent of my said sons as to their portions when they shall respectively attain the age of Twenty three years and in the meantime and until they shall attain that age of the sole authority of my continuing surviving or only acting Trustee from time to time as often as there shall be occasion to nominate and substitute any other person or persons to be a trustee or trustees in the place or stead of the Trustee so dying desiring to be discharged about to reside abroad or neglecting refusing or becoming incapable to act as aforesaid for all or any of the purposes in this my will contained And I do further direct that when and so often as any such new trustee or trustees shall be so appointed as aforesaid all and singular the said Trust monies stocks funds securities lands and hereditaments shall be assigned transferred conveyed and assured so and in such manner as that the same may become vested in such surviving and continuing and new Trustee or Trustees or in the new Trustees only as the case may be upon the same ends intents and purposes as by this my will expressed concerning the same And I hereby direct that my said Trustees shall deduct and retain to themselves and also allow to their co-trustee or co-trustees out of the said trust monies all costs and expenses whatsoever which they shall be put into or sustain in the execution of the trusts of this my will and I further declare my will and meaning to be that neither of my said Trustees shall be answerable or accountable for the other or others of them but each for himself only nor shall they be charged with any further or other sum of money than what shall actually come to their hands nor for any loss which shall happen to the investment of any of the said trust monies or in the insufficiency of any securities upon which the said trust monies may be invested or in depositing the same in any bank or bankers hands or elsewhere for safe custody save only where the same shall happen through his or their own wilful default or negligence And I hereby nominate constitute and appoint my said Trustees William Rhodes James and Robert Hawthorn and the survivor of them to be Guardians of the persons and estate of my said Children until they respectively attain twenty one years And I nominate my said brother William Rhodes James and Robert Hawthorn to be Executors of this my will and I beg their acceptance of One hundred guineas each as a mark of my esteem I release my Servant named JULIAN from the remaining term of her Apprenticeship for her attention to me and ready obedience at all times I give and bequeath unto my nephew HAUGHTON JAMES the sum of fifty pounds Currency to be paid to him out of my estate in Jamaica immediately upon my decease And whereas I am possessed of personal estate in Jamaica now I do hereby nominate constitute and appoint my friend JOHN GALE VIDAL of Spanish Town as an Executor in this Island only of this my will to collect receive and get in my said personal estate and thereupon to remit the same to my said Trustees to be invested as directed by this my will In witness whereof I have to the first five sheets or pages of this my Will set my hand and to this the sixth and last page my hand and seal this Thirtieth day of June One thousand eight hundred and thirty six. Herbert J James -
Signed Sealed Published and declared by the said Testator as and for his Last Will and Testament in the presents [sic] of us who at his request and in his presence and in the presence of each other have hereunto affixed our names as witnesses thereto - Robt. B. Wilkes - A.M. Pourie1 - Robert Vidal
A Codicil to be added to and taken as part of the last Will and Testament of me Herbert Jarrett James formerly of Spanish Town in the Island of Jamaica but now of Clifton in the City of Bristol in England Esquire which will bears date the thirtieth day of June One thousand eight hundred and thirty six I direct that the Annuity of One hundred and fifty pounds per Annum given by my said Will to my Wife Jane Caroline James shall be increased to the sum of Two hundred and fifty pounds per annum payable in the manner and upon the terms expressed in my said will respecting the said Annuity thereby given And whereas since the date of my said will my Three Sons being desirous of settling in SOUTH AUSTRALIA I have purchased for them several sections or parcels of Land there and have also expended large Sums for their outfit passage and Settlement in that Country Now I hereby give and devise the said Sections or parcels of Land in South Australia so purchased as aforesaid with the appurtenances unto and to the use of my said Three sons WILLIAM RHODES JAMES JOHN VIDAL JAMES and RICHARD BOUCHER JAMES in equal shares as Tenants in common and their respective heirs and assigns And I declare that the money so expended by me for my said Sons as hereinbefore mentioned shall not be considered as part of or be deducted from their shares of my residuary estate But nevertheless in consequence of my having made such purchase of Land and expenditure as aforesaid I revoke the direction to my Trustees contained in my said will to pay to each of my said sons absolutely the sum of One thousand and five hundred pounds on attainment of the age of Twenty three years And I further direct that the whole of the fourth part or share and also any accrued share of each of my said Sons of and in my said residuary estate shall from and after his attainment of the age of Twenty three years to be held by the Trustees or Trustee for the time being of my said will Upon Trust to pay the interest thereof to such son for life as directed by my said will and with such provision for his maintenance while under that age as therein contained And I also direct that no Child of either of my said sons shall take a vested interest under my said Will unless and until such Child being a Male shall attain the age of Twenty one years or being a female shall attain the age of Twenty one years or marry under that age and that if the first of my said Sons who shall depart this life shall leave no Child who shall attain a vested interest under the direction lastly herein before contained then (subject to the provision next hereinafter contained) the original fourth part or share of such one of my Sons as shall so first die shall go in the manner directed in my said Will respecting the appropriation of the share of any Son on his death under the age of Twenty three years or afterwards on his death and in default of issue as the case may be But I further direct that if more than one of my four Children ( including my daughter Eliza Goss) shall depart this life without leaving any Child who shall live to attain a vested interest in my said Residuary Estate then the shares as well Original as accrued of each of my Children who shall so die without leaving any Child who shall attain a vested interest (except the first of my said Children who shall so die) shall be held Upon Trust for all the present and future born Children of my brother William Rhodes James to be equally divided between them share and share alike as Tenants in Common and their respective executors administrators and assigns it being my intention that no more than the share of one of my Children departing this life without leaving any Child who shall attain a vested interest in my said Residuary Estate shall survive to and accumulate upon the others of my said Children I direct that the power given by my said will to my said Trustees or Trustee to apply income in the maintenance education and support of my Sons until their shares shall become vested shall extend to all persons being minors who may from time to time be absolutely or presumptively entitled to any interest in my said Residuary Estate during their respective minorities I revoke the legacy of fifty pounds Jamaican Currency given by my said will to my nephew Haughton James I give to each of my nephews William Rhodes James and Herbert Jarrett James the sum of fifty pounds sterling for the purchase of books which may be useful to them in the prosecution of their studies and in all other respects I confirm my said Will In witness whereof I the said Testator have to this Codicil set my hand this fourth day of January in the year of our Lord One thousand eight hundred and forty. Herbert J. James -
Signed and declared by the above named Testator Herbert Jarrett James as and for a Codicil to his last Will and Testament in the presence of us present at the same time who in his presence and in the presence of each other have hereunto subscribed our names as witnesses the name Caroline Jane James being first altered to Jane Caroline James in the first sheet - I, George Little Atty at Law Bristol - I, Rowland Taylor, his Clerk.
Extracted by Slade & Pitcher
Proctors Doctors Commons
Probate granted to William Rhodes James Esquire the Brother of the said Deceased one of the Executors with power reserved for making the like grant to Robert Hawthorn
Sworn under Ten Thousand Pounds and that the Testator died 3rd April 1840
For Genealogy see Descendants of Richard James, #130.
1 See more about Archibald Maxwell Pourie at /Members/rph-pu.htm
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