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d'Aquin and Arscott

Will of Louise Adele d'Aquin (nee de Sainte-Marie)

Wife of Henri Philippe Adolphe d'Aquin

Dated: Jamaica, November 10, 1892

Filed: 1895

Supreme Court Wills, Lib. V, Fol. 330, 1895

This is the last Will of me Louise Adele d'Aquin of Kingston in the Island of Jamaica, Widow, the Relic of Henry Philip d'Aquin of Kingston aforesaid, Wharfinger.

I appoint John Vincent Leach of the Parish of Saint Mary in this Island, Esquire and Philip Joseph le Mercier duQuesnay of Kingston aforesaid, Merchant Clerk (my Grandson) to be the Executors and Trustees of this my Will. All my property real and personal I give and devise unto my said Trustees and their heirs upon the trusts following. As to my house premises No. 127 King Street, Kingston, aforesaid, being the land situate on the North side of Beeston (?) Street and between King Street on the East and Chancery Lane on the West subject to the proviso hereinafter mentioned. To hold the same upon trust to permit and ?????? my daughter Marie Elise Dallas during her life to occupy use, enjoy and take the rests of the said property to her separate use and after her death, if she shall die in the lifetime of her husband, upon like trust for her said husband Frank Percival Dallas provided that the Life Tenant for the time being shall monthly pay to my said Trustees the sum of Twenty Shillings or such larger sum as my Trustees shall in the circumstances reasonably deem necessary to form a fund for the repairs and maintenance of the said house, premises and shall further insure and keep insured the said house premises against loss by fire in the name of the Trustees for the time being in the sum of Four hundred pounds at least and if the said Life Tenant shall fail to meet the said payments for three months or to insure after thirty days notice from my Trustees calling upon her or him to effect such Insurance, the Estate for life limited to my said daughter and her husband shall cease and my Trustees shall thereupon sell the said house property and the proceeds invest upon trust to pay the interest of such investment to my said daughter during her life to her separate use and if she shall die during the lifetime of her husband to pay such interest to her husband during his life and upon any sale made by my Trustees in pursuance of their aforesaid power the recital of the fact of the forfeiture of such life Estate in the Deed to a Purchaser shall be sufficient evidence of the facts and shall be an Indemnity to the Purchaser against the Life Tenant or any person claiming through or under her or him and for any impropriety or irregularity in such sale.

And I further Will that after the death of the said Marie Elise Dallas and her husband Frank Percival Dallas my Trustees shall hold the said house property or the investments of the proceeds thereof as the case may be upon further trust for such of the children of my said daughter Mrs. Dallas as shall attain the age of twenty one years as tenants in common in fee simple and failing such children upon further trust for my grandchildren, the children of Louise Eveline duQuesnay as hereinafter declared. And as to my property No. 19 North Street including the separate premises part thereof in Love Lane at present occupied by my daughter Mrs. Dallas and all my Estate and Interest in "Mount Caroline" and "Richmond Hill" in the Parish Saint Catherine in this Island, And all my Estate and interest in property in Saint Louis, Missouri in America, and all my residuary Estate, as to one half thereof during the life of my daughter Marie Elise Dallas and of her said husband and after the death of the Survivor and of the failure of children by Mrs. Dallas upon the like trusts in all respects except as to the proviso for monthly payments and insurance as are hereinbefore declared as to No. 127 King Street and as to the other half thereof Upon trust for my Grandchildren: Philip Joseph le Mercier duQuesnay,

Charles Ulysses le Mercier duQuesnay,

Henry Percival le Mercier duQuesnay,

Vincent Ignatius le Mercier duQuesnay,

Thomas d'Aquin Le Mercier duQuesnay,

Francis Theodore le Mercier duQuesnay,

Louis John le Mercier duQuesnay,

Joseph Laurent le Mercier duQuesnay, and

Theodore Paul le Mercier duQuesnay,

or such of them as shall be living at the time of my death until the youngest shall attain the age of twenty one years and in case all such children shall die under the age of twenty one years, then such half share shall go to the children of Mrs. Dallas, if any, equally, and if none or in case all my said Grandchildren , children of Mrs. DuQuesnay or of Mrs. Dallas should die under the age of twenty one years and without issue then the property so devised in trust for them shall go to my daughter Marie Elise Dallas, Frank Percival Dallas, and Theodore le Mercier duQuesnay, husband of my said diseased daughter, share and share alike, if they be all alive in thirds, but if one or more be then dead, to the survivors or survivor, or if all dead to the Estate of the last Survivor.

I give my Trustees power to sell the trust property or any portion thereof and to lease rent out and maintain the same and the proceeds of the annual Income to use for the benefit of the beneficiaries thereof and among the children for their maintenance and support in such proportions as to the Trustees shall seem fit or exclusively for such as are unable to provide for themselves to the exclusion of others, and the proceeds of any sale of the Corpus(?) or other proceeds to invest in their discretion in or on security of real Estate or on deposit with or in the shares of Companies incorporated under the laws of this Island, and from time to time to shift or vary such investments without being responsible for any loss occasioned thereby.

I appoint the said John Vincent Leach and Philip Joseph le Mercier duQuesnay Trustees in respect of the property hereby devised for all the purposes of the Settled Land Law, And I declare that it shall be necessary for at least two Trustees to act in the execution of the trusts hereof, And I appoint my said Trustees in respect of any property coming from my Estate Guardians of the Estates of my Grandchildren giving to them entire control as to the employment of any property or funds for the support, education and advancement in life of such grandchildren or any of them.

Dated this tenth day of November 1892

Signed: L. A. D'Aquin

Signed Published and Declared by the said Testatrix as and for her last Will and Testament in the presence of us who at her request in her presence and in the presence of each other have hereunto set our names as witnesses:

Signed: E. Marchand and W. Bourke

This is the last Will and Testament of Louise Adele D'Aquin annexed to the affidavit of Elizabeth Marchand one of the attesting witnesses sworn before me on the 15th. Day of August 1893.

Signed: E. Marchand, Witness: A. H. Jones, J.P.

This is the last Will and Testament of Louise Adele D'Aquin mentioned in the Executors oath and sworn to before me by Philip Joseph Le Mercier duQuesnay on of the Executors mentioned therein on the 17th. Day of August 1893.

Signed: P.L. DuQuesnay, Witness: Char's. B. B????, J.P.

This is the last Will and Testament of Louise Adele D'Aquin mentioned in the Executors oath sworn to before me by John Vincent Leach one of the Executors mentioned therein on the 23 day of August 1893.

Signed: J. V. Leach, Witness: B. ? Robertson?, J.P.

(Notes from Angela Garcia:

Louise Adele d'Aquin (nee de Saint-Marie) was the daughter of Georges Quentin de Sainte-Marie and Caroline Louise DuBourg. She was born in Jamaica in January 1814.

Elizabeth Marchand is Louise Adele's husband, Henri Philippe Adolphe d'Aquin's niece, daughter of Victoire Antoinette d'Aquin and Pierre Emile Marchand. Elizabeth was born September 4, 1826 and not married at the time this will was written in 1892, nor in August 1983 when she swore the Will was Louise Adele's. She would have been almost 68 years, so probably never married.)

John Vincent Leach was born in Dublin Ireland. He was a Resident Magistrate in Jamaica (Who's Who 1921-1924 & 1941-1946)

Will of Mary Ann Arscott

Dated: September 14, 1895

Supreme Court Wills, Lib. VII, Fol. 463

Jamaica S.S.

I, Mary Ann Arscott, at present of Bury Hill in the Parish of Saint Ann, Island of Jamaica, being of sound mind, memory and understanding do make and declare this to be my last Will and Testament revoking all wills by one at any time heretofore made.

I give, leave, devise and bequeath unto my ten children, viz

Charles Mahoney Arscott

Amy Ethel Irene Arscott

William Davis Arscott

Howard Clifford Arscott

Florence (or Lawrence) Herbert Arscott

Lillian May Arscott

Nellie Isabelle Arscott

Beatrice Hilda Octavia Arscott

Mabel Ruth Arscott

Sarah Mahoney Arscott

the sum of One Thousand pounds that I now hold by Mortgage on Kinloss Pen in the Parish of Trelawny, to be equally divided amongst them all. When the said Mortgage matures I direct my Executor and Trustee to pay to each of those of the aforenamed children who have attained the age of 21 years their portion of the said One Thousand pounds and to re-invest the remainder to the best advantage for the minors until they attain majority, subject however, to the following proviso, that is to say, should my Executor find it unnecessary to apply the principal of the above named sum for the education of my children, I authorize and empower him to do so.

I give, devise and bequeath unto my six daughters,

Amy Ethel Irene Arscott

Lillian May Arscott

Nellie Isabelle Arscott

Beatrice Hilda Octavia Arscott

Mabel Ruth Arscott, and

Sarah Mahoney Arscott

my property known as “Berry Hill” with the surrounding lands recently acquired by me and known as “Richards Field” in the Parish of Saint Ann for their sole use and benefit.

Should any of them marry or die, her or their shares in the said land and premises to revert to the unmarried survivors. It is nevertheless my wish that should my Executor think it advisable to sell the said land and premises, he will be at liberty to do so and invest the proceeds in other landed property of equal value that may serve as a home for my daughters aforementioned, and in case all my daughters marry, I direct that on the occasion of the marriage of the last one, the property be sold and the proceeds divided among the survivors in equal shares.

I give, leave, devise and bequeath unto my husband Charles Dussard Arscott my silver, mules, cattle and all the residue and remainder of my real and personal estate of whatsoever nature and description that I am no and may become possessed of.

And for the carrying out of these wishes, I appoint my beloved husband Charles Dussard Arscott my sole Executor of this my last Will and also as Trustee for my children.

In witness whereof, I hereunto set my hand this fourteenth day of September in the year of Our Lord One Thousand, Eight Hundred and Ninety Five.

Signed: M. A. Arscott

Witnesses: Chas. Costa (?)

Jessie Costa

These wills were transcribed and contributed by Angela Garcia

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