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WILLS OF THOMAS TODD AND J. P. UTTEN

Will of Thomas Todd, 1836, [PRO London, PROB 11/1868]

I Thomas Todd of Fenchurch Street in the City of London merchant...
Bequeath unto my dear wife Elizabeth Rochfort Todd all her paraphernalia jewels watches and trinkets and also the household goods which shall be in and about the cottage in which I dwell at Halford in the parish of Sunbury Middlesex or any other house in which I may be resident at the time of my decease...also an annuity of £200 during her natural life...
All the rest residue and remainder of my estate real and personal (save and except the property devised in trust as hereinafter mentioned) I bequeath unto the use of my sons Utten Thomas Todd of the Island of Jamaica planter1 and Richard James Surry Todd of Fenchurch Street merchant...in equal shares as tenants in common
And whereas I have for many years in London carried on the business of a West India merchant in partnership with Mr. William Crooks2 under the name of Thomas Todd & Company and the said business hath been almost solely conducted by me and my son Richard James Surry Todd and in the course thereof titles to and securities upon or affecting properties in the Island of Jamaica have in some instances been taken in my individual name or have become vested in me
I hereby declare that all such titles and securities were so taken by me on the partnership account and that one equal moiety thereof belongs to my partner William Crooks...
And in order that such property may be duly applied for partnership purposes I do hereby bequeath all and singular lands tenements and hereditaments in the Island of Jamaica with the right to the services of apprenticed labourers attached...and also all mortgages and securities which may have been assigned to me individually to the use of Utten Thomas Todd and Richard James Surry Todd...upon trust...that they with the concurrence of the said William Crooks...dispose of the same in such a manner as may appear most for the benefit of the said partnership with a view to the advantageous winding up of the same...
I recommend that my son Richard James Surry Todd who hath for some time been actively engaged in carrying out the said business and is intimately acquainted with the concerns thereof be entrusted with the management of the same until the partnership affairs can be wound up...
In like manner I recommend that Utten Thomas Todd be continued the representative of the firm in Jamaica to act for it as he has so long faithfully done...
I appoint my brother Richard Todd of Sunbury,3 my brother-in-law James Phillips Utten of Jamaica4 and my said sons executors of this my will...

Signed, Thomas Todd, 26th March 1836

Witnesses, Mary Ann Utten, George Street, Greenwich; John Osborne Barrett, William Henry Cutter, clerks to Messrs. Brooks & Cutter, Furnival's Inn.

Proved in London on 14th October 1836

_________
1 Listed in the Almanac of Jamaica, 1833, as proprietor of The Ridge, St. Ann,
2 William Crooks, untraced
3 Died 1842. His nephews, Utten Todd of Jamaica & Richard Todd were his executors and inherited his property at Sunbury in England
4 Died 1842 in Jamaica. His nephews [above] were his executors.


Will of James Phillips Utten, 1842, [PRO London, PROB 11/1960]

Jamaica SS
I James Phillips Utten of Valley Minor in the parish of St. Ann...
Bequeath to my wife Harriett Utten all her paraphernalia...also all my household goods and furniture in Valley Minor House in which in live...also for as long as she may think proper my dwelling house at Valley Minor with the out offices in the yard behind it, the buildings round the Barbicue to be reserved for the purposes and use of the plantation and the sole use of the Guinea grass pieces near...and the use of the common pasture in the pimento walk...
In the event of her not wishing to reside at Valley Minor I direct that she be paid £50 Sterling a year to enable her to pay for a residence elsewhere in this or any other county that she may prefer and in that case I direct that Valley Minor be sold...and the money arising be applied to the bequests of this my will...
I also bequeath to my wife in lieu of all marriage settlements of or her dower or thirds of my property an annuity of £400 Sterling during her natural life...I also give up to her all claim (if I have any) to the £1,000 stock invested in her name in the three percent consols...
After the decease of my wife I bequeath the principal sum of £8,000 Sterling which I consider the value from which the said annuity was paid to be distributed from the assets of my estate as follows...
£3,000 Sterling to my nephew Utten Thomas Todd [or] his children
To my nephew Richard James Surry Todd and his children also £3,000 Sterling...and the remaining £2,000 Sterling of my wife's legacy valued at £8,000 I devise to be distributed share and share alike among my niece Elizabeth Surry Easson and grand nephews William Easson and James Utten Easson and my grand niece Mary Utten Easson or the survivors of them...
I also bequeath to my said niece an annuity of £100 Sterling during her life...and after her decease I bequeath the £2,000 Sterling to her nephews William and James Utten Easson...and her niece Mary Utten Easson..
I also bequeath to my said grand nephews and my grand niece £1,000 Sterling each...and as tenants in common my property in Trelawny called Berlin consisting of 521 acres of land...and in case no arrangement having taken place before my decease with Messrs. Thomas Todd & Co. respecting their demand on judgement against James Utten Easson's estate (my nephew and the father of my aforesaid grand nephews and grand niece) so as to be able to transfer to them all my claims against his estate then I devise and bequeath to them my demand or mortgage on their late father's property of Baron Hill in Trelawny amounting on 6th November 1839 to £2,044. 15. 3 ½ old currency and my demand on judgement against him due on 13th October 1838 £2,793. 5. 2 old currency together £4,838. 0. 5 ½ old currency as appears in my books of accounts together with the interest...
I bequeath to my niece Avis Phillips Gray and to her husband The Reverend John William Dearing Gray now residing in British North America [Canada] the annual interest of £2,500 Sterling which I formerly intended should be invested in a presentation to a living in England for him but which was declined by him...I also bequeath to them for their joint and several lives the interest of £500 Sterling and after their decease I bequeath the principal to their surviving children...share and share alike...
I bequeath to Sophia Utten, the reputed daughter of my deceased brother Robert Rochfort Utten, now residing in Nantes in France an annuity of £50 Sterling during her life...
To Mrs. Anna Paget the niece of my former wife Elizabeth Morris Utten and wife of Captain Paget of the Navy an annuity of £50 Sterling and after her decease to be paid to her husband for the benefit of their child or children until they severally arrive at the age of 21 years when the annuity is to cease and the capital sum of £1,000 Sterling to be paid to them in equal proportions...
To Mrs. Ann Hilton relict of James Lawrence Hilton £200 Sterling or the interest of that sum annually as she may prefer...
At the expiration of seven years of my lease of Owens my property in St. Ann to my nephew Utten Thomas Todd I bequeath the same to him...I also give to him what part of my two runs of land called Brailsford's and Margaret Coolsen's in the Dry Harbour mountains in St. Ann...
I bequeath to the grand niece of my wife Mary Jane McTaggart provided she continues to live with my wife until married £200 Sterling...
I direct that as the principal of my several Jamaica loans become due and payable to receive them and invest them in the most advantageous and safe funds...
I also empower [executors] to sell my shares in the barque Planter and the brig Harriet and my ground rents in London or Westminster, my 20 shares in the Pendleton colliery in Manchester, my 50 shares in the Royal Mail Steam Packet Company and my 20 Colonial  Bank shares...
I bequeath the residue and remainder of my estate in this island...Great Britain, America or elsewhere unto my nephews Utten Thomas Todd, Richard James Surry Todd the former now residing in this island and the latter in Great Britain with this condition...that they pay therefrom to my dearly beloved sister, their mother Mrs. Eliza. Rochfort Todd annually during her life £100 Sterling...
I nominate my wife Harriet executor and my friend John White Eales formerly of this island but at present off it, Utten Thomas Todd, Richard James Surry Todd, William Easson and James Utten Easson Executors and my said friend John White Eales and George Webster junior of Palace Yard Westminster trustees to see the performance and execution of my will...

Signed, 30th August 1841

Witnesses, John Mallett, William Knox, James Wilson

Codicil [of the same date]

Whereas I have been made a party in Great Britain as one of the executors of Robert Marshall deceased to a suit in Chancery under the title of Johnson v Todd...and whereas there are other suits in Chancery in this island under the title of Utten v Shaw et al and Utten v Gaynor in the former of which I am also concerned as executor of Robert Marshall deceased1 and in the latter as executor of John Gaynor deceased2...I direct that the expenses on account of the suits be paid out of the remainder and residue of my estate previous to the division between my nephews...

Proved in Jamaica 4th December 1841
Proved in London 15th March 1842

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1Robert Marshall, 1821, Coffee Grove, St. Ann
2 John Gaynor, 1821, Friendship, St. Ann


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