SD26. Will of Edward Barrett (1734–98)
Published in The Brownings’ Correspondence, 1, 305 (in part).
Oxford & Cambridge
Cinnamon Hill
Cornwall
[13 November 1798]
Extracted from the Registry of the Prerogative Court of Canterbury
Barrett Edward
Jamaica Is
Proved 12 March 1799
This is the last will and Testament upon Edward Barrett of the Parish of Saint James in the County of Cornwall and Island of Jamaica aforesaid Esquire. First it is my will and desire and I do hereby order and direct that all my just debts funeral expences and the charges attending the probate of this my will be paid and satisfied out of my real and personal Estate in the said Island of Jamaica or elsewhere and I do hereby subject and make liable all unpaid Estate both real and personal for the due payment and discharge of the same. Item it is my will and I direct and appoint that my beloved wife Judith Barrett shall have the use and occupancy for and during the term of her widowhood only of my dwelling house and out offices at and upon Cinnamon Hill Estate with the Garden Orchard and such other Appendages as appertain to the same together with the use of all and singular the household furniture plate Carriages Saddle and Carriage horses with Grass and Pasturage for the same as also the Services and direction of those domestick or house Negroes that are now attached or belonging or which may hereafter belong to Cinnamon Hill Mansion house with the same priviledges and authority as she my said wife possessed or enjoyed in my life time and from and immediately after the intermarriage or decease of my said wife which ever shall first happen the rights and priviledges herein before limited unto her shall be null and void and the same shall revert to the heir or heirs that may inherit Cinnamon Hill Estate under and in pursuance of this my will. Item I also give and bequeath unto my said wife Judith Barrett for and among the term of her natural life one certain annuity yearly rent charge or clear yearly sum of one thousand five hundred pounds Sterling money of Great Britain one moiëty or equal half part of said annuity shall be issuing and payable from and out of the profits and produce of my said Sugar Plantation known by the name of Cinnamon Hill Estate situate lying and being in the said Parish of Saint James and the other moiëty or equal half part of said annuity shall be issuing and payable from and out of the profits and produce of my Sugar Plantation known by the name of Cambridge situate lying and being in the parish of Trelawny in the County and Island aforesaid and I do hereby subject and make liable the said Cinnamon Hill and Cambridge Estates for the due and punctual payment of the respective moiëties of said annuity as herein before mentioned yearly and every year unto the said Judith Barrett for and during the time of her natural life as aforesaid which said annuity together with the priviledges and emoluments herein before granted and limitted unto my said wife as are and shall be in full lieu bar and satisfaction of Dower or Thirds and all right and like of Dower or Thirds which hereafter she may might or could claim demand
or challenge of into or from and out of my real and personal Estates or any part and parcel thereof either at Law or in Equity and in case my beloved wife Judith Barrett after my decease shall claim challenge and demand her legal Dower or Thirds of and in my real and personal Estates or any part thereof that then and in such case the said annuity or yearly sum of one thousand and five hundred pounds Sterling money of Great Britain herein before given and bequeathed unto the said Judith Barrett during her natural life as also all other priviledges and emoluments herein before limitted for her use and benefit shall cease determine and be absolutely null and void to all intents and purposes any thing herein before contained to the contrary thereof in anywise notwithstanding Item I give and bequeath unto my trusty friends Robert Scarlett the Elder of the Parish of Hanover Esquire[,] Henry Waite Plummer of the Parish of Saint Elizabeth Esquire[,] Philip Anglin Scarlett of the Parish of Saint James Esquire[,] Honorable George Crawford Ricketts Esquire His Majestys Attorney General for the Island of Jamaica and James Scarlett Esquire Barrister at Law son of the said Robert Scarlett and the survivors and survivor of them and the heirs and assigns of such survivors In and upon trust the sume of ten thousand pounds Current money of Jamaica to be issuing and payable out of any monies or funds which I may be possessed of or intitled to or which hereafter may appertain and belong to my estate but in case there should not be sufficient funds or personal Assetts in the hands of my Executors for that purpose that then and in such case I subject charge and make liable my Sugar Plantation known by the name of Cinnamon Hill and also my said Sugar plantations known by the name of Cambridge—and every of the premises for the absolute payment of the said sum of ten thousand pounds Current money aforesaid by equal moiëties to be issuing and payable from and out of the produce and profits of each of the said Sugar Plantations before named and the said Trustees whenever my beloved grand daughter Eliza Barrett Barrett daughter of my late Son Henry Barrett Esquire deceased shall attain to the age of twenty one years or day of marriage which ever shall first happen together with lawful interest thereon to commence after the same becomes due and payable to be appreciated and laid out in the most secure and benefecial manner for her use and benefit either in the purchase of a [illegible word] or other freehold property in the said Island of Jamaica or by investing the said sum of ten thousand pounds in the British or American Funds or upon any eligible mortgage at interest upon good security at the discretion of the said Trustees but nevertheless in trust as aforesaid to and for the several uses intents and purposes herinafter mentioned (that is to say) in the first place to permit and suffer my Grand daughter Eliza Barrett Barrett when she attains the age of twenty one years or day of marriage which ever shall first happen To have receive and take the rents issues produces and profits of said Capital and fund of ten thousand pounds Current money aforesaid to and for her sole use and benefit for and during the term of her natural life and from and immediately after the decease of my said Grand daughter then to the use of the said Robert Scarrett the Elder[,] Henry Waite Plummer[,] Philip Anglin Scarlett and Honorable George Crawford Ricketts and James Scarlett herein before named and the survivors and survivor of them and the heirs and assigns of such survivor In trust be preserved the contingent estates and remainders herein after limited and appointed from being dessicated or destroyed But nevertheless in trust to permit and suffer my said Grand daughter Eliza Barrett Barrett to have receive and take the annual interest rents issues produce and profits of the same to and for her sole use and benefit for and during the term of her natural life as aforesaid and from and immediately after the decease of my said Grand daughter then to the use of all and every of the issue of the body of my said Grand daughter Eliza Barrett Barrett lawfully begotten in equal shares and portions as tenants in Common whenever such lawful issue shall respectively attain the age of twenty one years or day of marriage which ever shall first happen and I direct and appoint and do empower my said trustees to appropriate the annual interest rents issues and profits of said Capital and fund of ten thousand pounds Current money aforesaid or so much thereof as they my said trustees may deem requisite for the education Clothing and maintenance of all and every the lawful issue of my said Grand daughter until they respectively attain the age of twenty one years or day of marriage whichever event shall first happen and in case of the decease of my said Grand daughter Eliza Barrett Barrett and all the issue of her body lawfully begotten before such lawful issue attains the age of twenty one years or day of marriage that then the said devise and bequest of ten thousand pounds Current money aforesaid or such part thereof as may have issued and have been paid out of the monies and personal Assetts belonging to my Estate shall emerge and sink into the residium of my Estate and be deemed part and parcel of the same and in case the said sum of ten thousand pounds Current money aforesaid or any part thereof shall have issued and have been actually paid from and out of the produce and profits of said Cinnamon Hill and Cambridge Estates so much and such part thereof as may have respectively issued and have been paid out of the profits and proceeds of said Estates or either of them shall revert to the respective heirs inheriting of said Estates pursuant to this my will Item I order direct and appoint that my Grand daughter Eliza Barrett Barrett shall be genteely clothed maintained and educated at the charge of my estate and at the discretion of my Executors until she attains the age of twenty one years or day of marriage which ever shall first happen Item I give devise and bequeath unto the said Robert Scarlett the Elder[,] Henry Waite Plummer[,] Philip Anglin Scarlett[,] Honorable George Crawford Ricketts and the said James Scarlett and the survivors and survivor of them and the heirs and assigns of such survivor in and upon trust one certain annuity rent charge or yearly sum of one thousand pounds Sterling money of Great Britain to be issuing and payable from and out of my said two Sugar Plantations known by the name of Cambridge and Oxford to and for the Sale and separate use and benefit of my dear daughter Elizabeth Moulton for and during the term of her natural life to be paid yearly by the said trustees into the proper hands of my said daughter Elizabeth Moulton to the intent that the same shall not be liable or be subject to the control debts or engagements of her present or any future husband but as her sole and separate
disposal without the intermeddling of any husband and that the receipt of my said daughter Elizabeth Moulton under her hand shall from time to time notwithstanding her Coverture be good and sufficient discharges to the said trustees for so much and for such payments as such receipts shall be given or respectively express and from and immediately after the decease of my said daughter the said annuity or yearly rent charge shall emerge and sink into the said Cambridge and Oxford Estates and it is my will and I direct and appoint that my said daughter Elizabeth Moulton at all times whilst she lives separate and apart from her husband or at any time during widowhood shall have the sole use and occupancy for her own benefit as well as her children of any or either of the dwelling houses and out offices belonging to or attached to the said Cambridge and Oxford Estates and the Retreat Penn situate in the said parish of Saint James she may dwell and reside at all and every of them by rotation at her will and pleasure with the use and occupancy of the Garden Orchard and the usual appendages of such houses together with all such necessary supplies of Pasturage Grass Corn Milk Plantations Ground provisions Rum and sugar as may be requisite for the support of her her family and Domesticks with every reasonable indulgence and privilege to make her situation agreeable and happy Item it is my will and I direct and appoint and do hereby empower my acting Executors and the survivors and survivor of them to sell and dispose of one and every of the |Lotts| or parcels of |foot| land belonging to me in the Town of Falmouth as well as the lands adjacent or adjoining to the said Town Patented by Humphry |Aumber|[,] William Case[,] Richard Barrett[,] Edward Barrett and Joseph Gordon save excepting and reserving thereout all that messuage Barquedier and Wharf situate in the said Town of Falmouth now in the occupancy and possession of Messieurs Tarnout and Summers and also all that parcel of land bordering and bounding on the Sea within the space or distance of one hundred feet from high water mark extending in length from the wharf belonging to the Honorable John Tharp as far as half Moon Bay to the westward land I do hereby authorize and fully empower my acting Executors and the survivors and survivor of them to perfect execute and deliver good and lawful deeds of conveyance and Sale to the purchaser or purchasers of said lands and premises or any part thereof and the monies arising or which may be produced from such sale and sales I give and bequeath the same and every part thereof unto and to the use of my dear grandson Samuel Barrett Moulton Son of my said daughter Elizabeth Moulton when he shall attain the age of twenty one years and in case of his decease before he attains the age of twenty one years without lawful issue surviving that then the monies arising or which may be produced from such sales shall emerge and sink into my Estate and be deemed part and parcel of the same Provided also nevertheless and it is my will that if my acting Executors shall deem it eligible and beneficial for to erect and build any more w[h]arf or wharves houses Stores or other Edifices at and upon any part of the lands herein before excepted and reserved binding on the Son that then and in such case I do hereby empower my acting Executors to apply the monies arising or to be produced from the sale and Sales of the said lots and parcels of land and premises before
mentioned or so much thereof as they may deem expedient and necessary for the erection and building of all such wharves houses Stores or other Edifices at and upon the land herein before excepted and reserved as they my said acting Executors may judge most beneficial for the heirs inheriting the same and from and immediately after my said grand son Samuel Barrett Moulton shall attain the age of twenty one years then I do hereby give and bequeath unto my said grandson Samuel Barrett Moulton his heirs and assigns all and every the Lotts of land in the said Town of Falmouth and the lands adjoining and adjacent to said Town and every of the premises (except as herein before excepted) that may or shall remain unsold and not previously disposed of by my acting Executors during his minority by virtue of the power vested in them for that purpose But in case it should so happen after my Grandson Samuel Barrett Moulton attains the age of twenty one years that he should die intestate without lawful issue of his body surviving that then and in such case I give and bequeath the said lands and premises herein before mentioned unto and to the use of all and every of the lawful issue of my said daughter Elizabeth Moulton their heirs and assigns as tenants in Common and in case there should not at that time be any lawful issue of my said daughter Elizabeth Moulton surviving that then I do hereby give and bequeath the said lands and premises herein before mentioned unto and to the use of my said granddaughter Elizabeth Barrett Barrett herein before named and the issue of her body lawfully together and in case of her decease without lawful issue surviving that then and in such case I give and bequeath the said lands and premises before mentioned unto and to the use of all and every of the issue of my late Son Samuel Barrett Esquire deceased by Mrs Elizabeth Williams herein after named viz Samuel Barrett Richard Barrett Edward Barrett and George Goodin Barrett and the survivors and Survivor of them their wives and assigns but in case of their decease before they attain the age of twenty one years without lawful issue surviving I then give and bequeath the said lands and premises before devised described unto my right heirs forever Item I give devise and bequeath unto the said Robert Scarlett the Elder[,] Henry Waite Plummer[,] Philip Anglin Scarlett[,] the Honorable George Crawford Ricketts and James Scarlett before named and the survivors and survivor of them and the heirs and assigns of such survivor in and upon trust all that messuage wharf and Barquedier situate in the Town of Falmouth in the parish of Trelawny and Island aforesaid and the several Negroes or other Slaves appertaining to the same now in the occupancy and possession of Tarnout & Summers and also all that parcel or |Piece| of land herein before reserved situate in the said Towm of Falmouth bounding on the Sea in depth one hundred feet from height water mark and in length running from the wharf belonging to the Honorable John Tharp as far as half Moon Bay to the westward and every of the premises buildings and appurtenances to the same belonging and also all that Plantation or Penn situate in the Parish of Saint Ann in the County of Middlesex and Island aforesaid known by the name of the Retreat together with the lands negroes or other Slaves Horned Cattle Mules
Horses Mares Living Stock of all kinds and every of the Utensils and appurtenances together with the future issue and increase of the slaves and live Stock subject nevertheless to the payment of an annuity or |Heritance| of two hundred pounds Sterling money of Great Britain to Mrs Barbara Smith heretofore the wife of my late Son Henry Barrett Esquire deceased for and during the term of her natural life by virtue of a marriage settlement executed by me for that purpose and also all that parcel of land and premises adjoining to the said Retreat from [sic] lately purchased by me from Adam Andersen Esquire and also all that parcel of land and premises adjoining to the said |ten| lately purchased by me from George Turner Esquire which said two parcels of land and premises last mentioned now appertain and belong to the said Plantation and Penn and are deemed part and parcel of the same To hold all the said necessary wharf Barquedier and lands herein before mentioned situate in the Town of Falmouth and the several Negroes or other Slaves belonging or attached to the said messuage and Barquedier and every of the premises and appurtenances and also all that plantation or Penn before mentioned situate in the Parish of Saint Ann known by the name of the Retreat and every of the lands Slaves Stock and premises with the future issue and increase of the Slaves and Stock and every of the appurtenances unto the said Robert Scarlett the Elder[,] Henry Waite Plummer[,] Philip Anglin Scarlett[,] the Honorable George Crawford Ricketts and James Scarlett and the survivors and survivor of them and the heirs and assigns of such survivor in and upon trust to and for the several uses intents and purposes hereinafter mentioned and expressed of and concerning the Same that is to say that the said Trustees out of the annual rents issues and profits of the said wharf and Penn do appropriate and apply so much and such part thereof as the said trustees or the survivor of them shall deem adequate for the education Clothing and maintenance of my dear Grandson Samuel Barrett Moulton until he attains the age of twenty one years and also to apply during the minority of my said Grandson the rest residue and remainder of the rents issues and profits of the said Wharf and pen and every of the premises herein before devised for the extending and improving the same and I do hereby authorize and impower the said trustees and the survivor of them to purchase Negroes or other Slaves Bui[l]ding or other Stock also any lands adjoining or adjacent to the Retreat Pen which the said trustees may deem beneficial or advantageous which said lands and Slaves are to be deemed part and parcel of the said Penn and shall and is to be under the like trusts to and for the same uses and subject to the same contingent estates and remainders as are herein after mentioned and declared of and concerning the said Retreat Penn and also to improve my property at or near to Falmouth by erecting and building one or more wharf or wharves houses Edifices and Stores at and upon the same or any part thereof at their discretion but in such manner as not to incumber with debt either the said wharf or Pen or any of the said premises when my said Grandson arrives at the age of twenty one years and from and immediately after my said Grandson attains the age of twenty one years than to the use of my said Grandson Samuel Barrett Moulton for and during his mature life
without impeachment of waste and prior and immediately after the determination of that Estate then to the use of the said Retreat Scarlett the Elder[,] Henry Waite Plummer[,] Philip Anglin Scarlett[,] Honorable George Crawford Ricketts and James Scarlett and the survivors and survivor of them and the heirs and assigns of such survivor in trust to preserve the contingent estates and remainders herein after limited and appointed from being defeated or destroyed but nevertheless to permit and suffer my said Grandson Samuel Barrett Moulton when he attains the age of twenty one years to have receive and take the rents issues and profits thereof for and during his natural life and from and immediately after the decease of my said Grandson Samuel Barrett Moulton then to the use of the first Son of the body of my said Grandson Samuel Barrett Moulton lawfully begotten and the issue of his body lawfully begotten subject nevertheless to the payment of the sum of three thousand pounds Current money of Jamaica which I give and bequeath among the younger children of my said Grandson Samuel Barrett Moulton lawfully begotten to be disposed of in such shares or portions and in such manner as he my said Grandson may direct and appoint in and by his last will and testament or by any Instrument in writing to be executed by him for that purpose but in case he should not make such distribution of the said sum of three thousand pounds Current money aforesaid amongst such younger Children that then such young children shall have and take the sums by equal shares and portions and in default or failure of lawful issue of the first Son of my said Grandson Samuel Barrett Moulton then as to for and concerning the premises aforesaid To the use of the second Son of the said Samuel Barrett Moulton lawfully begotten and the issue of his body lawfully begotten and in default or failure thereof To the use of the third fourth fifth sixth seventh eighth ninth tenth and every other Son or Sons of the body of my said Grandson Samuel Barrett Moulton lawfully begotten and the issue of their respective bodies lawfully begotten to them according to their Seniority of age and priority of birth and succession one after the other and in default or failure thereof then to the use of all and every the daughters of my said Grandson Samuel Barrett Moulton lawfully together in equal shares and proportions and the issue of their respective bodies lawfully begotten in law and in default or failure of all and every of the issue of the body of my said Grandson Samuel Barrett Moulton lawfully begotten and of all the lawful descendants of such issue I then devise the rents issues produce and profits of said messuage Barquedier lands Slaves and every of the premises at or in the Town of Falmouth or adjacent thereto as also the said Plantation or Pen called or known by the name of the Retreat lands Slaves Stock and every of the premises to the use of the said Robert Scarlett the Elder[,] Henry Waite Plummer[,] Philip Anglin Scarlett[,] the Honorable George Crawford Ricketts and James Scarlett and the survivors and survivor of them and the heirs and assigns of such survivor In trust to and for the use of my dear daughter Elizabeth Moulton for and during her natural life and I direct the said trustees to pay the sums into her own proper hands only for sole and separate use and benefit to the intent that the same shall not be liable or subject to the control
debts or engagements of her present or any future husband but at her sole and separate disposal without the intermeddling of any husband and do hereby declare that the receipts of my said daughter under her hand shall from time to time notwithstanding her Coverture be good and sufficient disclosures to the said trustees for such sums as such receipts shall respectively be given or expressed and from and immediately after the decease of my said daughter I then devise the said messuage Barquedier lands Slaves and premises at or near Falmouth and the said Plantation or Pen known by the name of the retreat and every of the lands Slaves Stock and premises with the appurtenances To the use of the said Robert Scarlett the Elder[,] Henry Waite Plummer[,] Philip Anglin Scarlett[,] Honorable George Crawford Ricketts and James Scarlett and the survivors and survivor of them and the heirs and assigns of such survivor of them and the heirs and assigns of such survivor in trust to preserve the contingent remainders herein after limited and appointed from being defeated or destroyed but nevertheless in trust to permit my said daughter to receive and take the rents issues and profits thereof for and during her natural life as aforesaid and from and immediately after her decease then to the use of the next Son of the body of my said daughter lawfully begotten to be born next after my said Grandson Samuel Barrett Moulton before named and the issue of his body lawfully begotten and in default or failure thereof to the use of the fourth fifth sixth seventh and all and every of the younger sons of the body of my said daughter Elizabeth Moulton lawfully begotten and the issue of their respective bodies lawfully begotten to take according to their priority of birth and seniority of age in succession one after the other and in default or failure thereof then to the use of my Eldest Grandson Edward Barrett Moulton Son of my said daughter Elizabeth Moulton for and during his natural life without impeachment of waste and from and after the determination of that Estate then to the use of the said Robert Scarlett the Elder[,] Henry Waite Plummer[,] Philip Anglin Scarlett[,] Honorable George Crawford Ricketts and James Scarlett and the survivors and survivor of them and the heirs and assigns of such survivor in trust to preserve the contingent estates and remainders herein after limited from being defeated or destroyed but in trust nevertheless to permit and suffer my said Grandson Edward Barrett Moulton to receive and take the rents issues products and profits thereof during his natural life and from and after the decease of the said Edward Barrett Moulton then to the use of the first Son of the body of the said Edward Barrett Moulton and the issue of his body lawfully begotten and in default thereof then to the use of the second Son of the body of the said Edward Barrett Moulton and the issue of his body lawfully begotten and in default thereof then to the use of the third fourth fifth sixth seventh eighth minth tenth and every other Son and Sons of the body of the said Edward Barrett Moulton and the issue of their respective bodiews lawfully begotten to take according to seniority of age and priority of birth and succession one after the other and default thereof then to the use of all and every of the daughter and daughters of the said Edward Barrett Moulton lawfully
begotten in and by equal shares and portions and the issue of their respective bodies lawfully begotten it [sic, for in] tail for and in default or failure of all and every of the lawful issue of my said Grandson Edward Barrett Moulton and of all the lawful descendants from such issue then to the use of my Grand daughter Eliza Barrett Barrett before named for and during her natural life and from and immediately after the determination of that Estate then be the use of the said Robert Scarlett the Elder[,] Henry Waite Plummer[,] Phililip [sic] Anglin Scarlett[,] Honorable George Crawford Ricketts and James Scarlett and the Survivors and Survivor of them and the heirs and assigns of such survivor in trust to preserve the contingent estates and remainders hereinafter limited from being destroyed but nevertheless in trust to permit and suffer my said Granddaughter Eliza Barrett Barrett to receive and take the rents issues and profits thereof for and during her natural life and from and immediately after the decease of the said Eliza Barrett Barrett then to the use of the first Son of the body of the said Eliza Barrett Barrett and the issue of his body lawfully begotten and in default or failure thereof then to the use of the second Son of the body of the said Eliza Barrett Barrett lawfully begotten and in default or failure thereof then to the use of the third fourth fifth sixth seventh eighth ninth tenth and every other Son and Sons of the body of the said Eliza Barrett Barrett lawfully begotten and the issue of their respective bodies lawfully begotten to take according to seniority of age and priority of birth and succession one after the other and in default thereof then to the use of all and every daughter and daughters of the body of the said Eliza Barrett Barrett lawfully begotten and the issue of their respective bodies lawfully begotten in tail and in default or failure of such lawful issue then to the use of my right heirs for ever Item I give devise and bequeath unto Robert Scarlett the Elder[,] Henry waite Plummer[,] Philip Anglin Scarlett[,] Honorable George Crawford Ricketts and James Scarlett Barrister at Law and the Survivors and Survivor of them and the heirs and assigns of such survivor in and upon trust subject as herein before mentioned to and for the several uses intents and purposes herein after declared all those two Plantations and Sugar Works situate lying and being in the Parish of Trelawny and Island aforesaid known by the name of Cambridge and Oxford with all and singular the lands negroes or other Slaves Mules Horned Cattle Buildings works and every of the appendages hereditaments and appurtenances Negro Grounds and all other lands in said Parish of Trelawny attached or detached except the lands at or near Falmouth herein before devised To hold the said two plantations and Sugar Works before mentioned and every of the lands Slaves Stock and premises before mentioned with their future issue and increase unto the said Robert Scarlett the Elder[,] Henry Waite Plummer[,] Philip Anglin Scarlett[,] Honorable George Crawford Ricketts and James Scarlett and the Survivors and Survivor of them and the heirs and assigns of such survivor to and for the several uses intents and purposes hereinafter declared of and concerning the same that is to say to the use of my Grandson Edward Barrett Moulton Eldest son of my daughter Elizabeth Moulton for and during the term of his natural life without impeachment of waste and from and after the determination of that Estate then to the use of the
said Robert Scarlett the Elder[,] Henry Waite Plummer[,] Philip Anglin Scarlett[,] Honorable George Crawford Ricketts and James Scarlett and the survivors and Survivor of them and the heirs and assigns of such survivor in trust to preserve the continent remainders hereinafter mentioned from being defeated or destroyed but nevertheless to permit and suffer my said Grandson Edward Barrett Moulton to receive and take the rents issues and profits of the said two plantations lands Negroes or other slaves Mules horned Cattle and every of the premises before mentioned for and during the term of his natural life and from and after the decease of my said Grandson Edward Barrett Moulton then to the use of the first Son of the body of the said Edward Barrett Moulton lawfully begotten and in default thereof then to the second third fourth fifth sixth seventh eighth ninth tenth and every other Son or Sons of the body of my said Grand Son Edward Barrett Moulton lawfully begotten and his heirs of their respective bodies lawfully begotten to take according to Seniority of age and priority of birth and in default of such issue then to the use of all and every of the daughter and daughters of my said Grandson Edward Barrett Moulton lawfully begotten and the issue of their respective bodies in tail and in default or failure of such issue I then give devise and bequeath the said two Sugar Plantations called and known by the names of Cambridge and Oxford and every of the lands Slaves Mules horned Cattle and every of the premises before mentioned unto my said trustees in trust to and for the use of my dear Grandson Samuel Barrett Moulton for and during the term of his natural life without impeachment of waste and from and after the determination of that Estate then to the use of the said Robert Scarlett the Elder[,] Henry Waite Plummer[,] Philip Anglin Scarlett[,] Honorable George Crawford Ricketts and James Scarlett Junior and the survivor of them and the heirs and assigns of such survivor In trust to preserve the contingent remainders herein after limited from being defeated or destroyed but nevertheless to permit and suffer my said Grandson Samuel Barrett Moulton to receive and take the rents issues produce and profits of said two Sugar Plantations called Cambridge and Oxford for and during the term of his natural life and from and after the decease of my said Grandson Samuel Barrett Moulton then to the use of the first Son of the body of the said Samuel Barrett Moulton lawfully begotten and in default thereof then to the use of the second third fourth fifth sixth seventh eighth ninth tenth and every other Son or Sons of the body of my said Grandson Samuel Barrett Moulton lawfully begotten and the heirs of their respective bodies lawfully begotten to take according to seniority of age and priority of birth and in default of such issue then to the use of all and every of the daughter and daughters of my said Grandson Samuel Barrett Moulton lawfully begotten and the issue of their respective bodies In tail and in default or failure of such issue I then give devise and bequeath the said two Sugar Plantations called Cambridge and Oxford and every of the lands Slaves Mules horned Cattle and every of the premises before mentioned unto and to the use of my said trustees before named in trust to preserve the contingent remainders herein after limited from being defeated or destroyed and from and after default or failure of all and every the lawful issue of my Grand son Samuel Barrett Moulton as aforesaid then
to the use of all and every other Son or Sons of my dear daughter Elizabeth Moulton lawfully to be begotten to inherit in succession one after the other according to priority of birth and seniority of age the Eldest Son and his lawful issue is always to be preferred and the issue of their respective body and bodies lawfully begotten and in default or failure of such issue then to the use of all and every of the daughter and daughters of the said Elizabeth Moulton lawfully begotten and the issue of their respective bodies in tail and on failure of all and every of the lawful issue of my said daughter Elizabeth Moulton then to the use of the said Robert Scarlett the Elder[,] Henry Waite Plummer[,] Philip Anglin Scarlett[,] Honorable George Crawford Ricketts and James Scarlett Junior and the survivor of them and the heirs and assigns of such survivor in trust to preserve the contingent uses and remainders herein after limited from being defeated or destroyed and from and after default or failure of all and every the lawful issue of my said daughter Elizabeth Moulton as aforesaid then to the use of my said daughter Elizabeth Moulton for and during the term of her natural life and to be paid the rents issues and profits of the same by my said Trustees to her Sole and separate use and benefit and not to be subject or liable to the debts engagements or control of her present or any future husband but at her sole and separate disposal without the intermeddling of any husband and that the receipts of my said daughter Elizabeth Moulton under her hand notwithstanding her Coverture shall be good and sufficient discharges to the said Trustees for so much and for such payments as the said receipts may respectively express and from and immediately after the decease of my said daughter Elizabeth Moulton then to the use of Richard Barrett and Edward Barrett in equal shares and proportion as tenants in Common and the issue of their respective bodies lawfully begotten and in case of the decease of either of them without lawful issue then to the use of Samuel Barrett and George Goodin Barrett their heirs and assigns which said Richard Barrett[,] Edward Barrett[,] Samuel Barrett and George Goodin Barrett are reputed Sons of my son Samuel Barrett deceased by Mrs Elizabeth Barrett Williams Item I give devise and bequeath unto my friends Thomas Reid Esquire of Belvidere[,] Henry Waite Plummer[,] Philip Anglin Scarlett[,] Honorable George Crawford Ricketts and James Scarlett Junior and the survivor of them and the heirs and assigns of such survivor in and upon trust all these said two Sugar Plantations called and known by the names of Cinnamon Hill and Cornwall and every of the Penn and Penn lands Pastures Negro Grounds attached or detached reputed or taken as part parcel of the same and every of the Negroes or other slaves Mules Horned Cattle or other Stock to the said two Sugar Plantations belonging also all that parcel of land and settlement known by the name of Pleasant Valley and all other land and messuages which lying and being within the said Parish of Saint James and every of the premises and appurtenances To hold all these two Sugar Plantations before mentioned called and known by the name of Cinnamon Hill and Cornwall and every of the Penn and Penn lands Pastures Negro grounds Slaves Mules horned Cattle and every of the premises and appurtenances and the future issue of the slaves and Stock also all that Plantation or Settlement known by the name of Pleasant Valley and all other lands and messuages situate lying and being within the said Perish
of Saint James subject as herein before and herein after mentioned unto the said Thomas Reid[,] Henry Waite Plummer[,] Philip Anglin Scarlett[,] Honorable George Crawford Ricketts and James Scarlett Junior and the survivor of them and the heirs and assigns of such survivor in and upon trust to and for the several uses intents and purposes as are herein after mentioned and declared of and concerning the same that is to say To the use of my dear Grandson Samuel Barrett Moulton otherwise called Samuel Moulton Barrett second Son of my said daughter Elizabeth Moulton for and during the term of his natural life and without impeachment of waste and from and immediately after the determination of that Estate then to the use of the said Thomas Reid[,] Henry Waite Plummer[,] Philip Anglin Scarlett[,] Honorable George Crawford Ricketts and James Scarlett Junior and the survivor of them and the heirs and assigns of such survivor In trust to preserve the contingent estates and remainders herein after limited from being defeated or destroyed But nevertheless to permit and suffer my said Grandson Samuel Moulton Barrett to have receive and take the rents issues and profits of the said two Sugar Plantations known by the name of Cinnamon Hill and Cornwall Estates when he attains to the age of twenty one years for and during the term of his natural life as aforesaid and from and immediately after the decease of my said Grandson Samuel Moulton Barrett then to the use of the first Son of the body of my said Grandson Samuel Moulton Barrett lawfully begotten and his lawful issue and in default thereof to the use of the second son of the said Samuel Moulton Barrett lawfully begotten and the issue of his body lawfully begotten and in default or failure thereof To the use of the third fourth fifth sixth seventh eighth ninth tenth and every other Son or Sons of the body of my said Grandson Samuel Moulton Barrett lawfully begotten and the lawful issue of their body and bodies respectively to take and inherit according to their seniority of age and priority of birth and after the other and in default or failure thereof then to the use of all and every of the daughters of my said Grandson Samuel Moulton Barrett lawfully begotten in tail and in default or failure of all and every of the lawful issue of my said Grandson Samuel Moulton Barrett then to the use of Thomas Reid[,] Henry Waite Plummer[,] Philip Anglin Scarlett[,] Honorable George Crawford Ricketts and James Scarrett Junior and the survivors of them and the heirs and assigns of such survivor In trust to preserve the contingent stocks and remainders herein after mentioned from being defaulted or destroyed and from and after default or failure of lawful issue of my said Grandson Samuel Moulton Barrett then to the use of my dear Grandson Edward Moulton Barrett eldest son of my daughter Elizabeth Moulton for and during the term of his natural life without impeachment of waste and from and immediately after the determination of that Estate then to the use of the said Thomas Reid[,] Henry Waite Plummer[,] Philip Anglin Scarlett[,] Honorable George Crawford Ricketts and James Scarlett Junior and the Survivor of them and the heirs and assigns of such survivor in trust to preserve the contingent remainders herein after limited from being defeated and destroyed but nevertheless in trust to permit and suffer the said Edward Moulton Barrett to receive and take the rents issues and profits of said two Sugar Plantations called
and known by the names of Cinnamon Hill and Cornwall and every of the lands Slaves and premises for and during the term of his natural life and from and immediately after his decease then to the use of the first Son of the body of my said Grandson Edward Moulton Barrett lawfully begotten and in default thereof to the use of the second Son of the said Edward Moulton Barrett lawfully begotten and the issue of his body lawfully begotten and in default or failure thereof to the use of the third fourth fifth sixth seventh eighth ninth and tenth and every other Son and Sons of the body of my said Grandson Edward Moulton Barrett and the issue of their respective body and bodies lawfully begotten to take and inherit according to seniority of age and priority of birth and in default or failure thereof then to the use of all and every of the daughters of my said Grandson Edward Moulton Barrett lawfully begotten in equal shares and portions and the issue of their respective bodies lawfully begotten in tail and in default or failure of all and every of the use [sic, for issue] of my said Grandson Edward Moulton Barrett lawfully begotten then to the use of Thomas Reid[,] Henry Waite Plummer[,] Philip Anglin Sclarlett[,] Honorable George Crawford Ricketts and James Scarlett Junior and the survivor of them and the heirs and assigns of such survivor in trust to preserve the contingent remainders hereinafter limited from being defeated or destroyed and from and after default or failure of all and every of the lawful issue of my said Grandson Edward Moulton Barrett then to the use of all and every other Son or Sons of my said daughter Elizabeth Moulton lawfully begotten and the issue of their respective bodies lawfully begotten to take and inherit according to seniority of age and priority of birth and in default or failure thereof there be the use of all and every of the daughter and daughters of the said Elizabeth Moulton lawfully begotten and the issue of their respective body and bodies lawfully begotten in tail and in default or failure of all and every the issue of my said daugher Elizabeth Moulton lawfully begotten then to the use of the said Thomas Reid[,] Henry Waite Plummer[,] Philip Anglin Scarlett[,] Honorable George Crawford Ricketts and James Scarlett Junior and the survivor of them and the heirs and assigns of such survivor in trust to preserve the contingent remainders hereinafter mentioned from being defeated or destroyed and from and after default or failure of all and every the issue of my said daughter Elizabeth Moulton lawfully begotten then to the use of my said daughter Elizabeth Moulton for and during the term of her natural life and to be paid the rents issues and profits of the same by my said Trustees to and for her sole and private use and benefit and not to be subject or liable to the controul debts or engagements of her present or any future husband but at her sole and special disposal without the intermeddling of any husband and that the receipts of my said daughter Elizabeth Moulton under her hand notwithstanding her Coverture shall be good and sufficient discharges to the said trustees for so much and such payments as the said receipts may respectively express and from and immediately after the decease of my said daughter Elizabeth Moulton then to the use of Richard Barrett and Edward Barrett two of the reputed Sons of my son Samuel Barrett Esquire deceased by Mrs Elizabeth Barrett Williams and the issue of their respective bodies lawfully begotten as tenants in Common and in default or failure of lawful issue then to the
use of George Goodin Barrett one other of the reputed Sons of my said son Samuel Barrett Esquire deceased by Mrs Elizabeth Barrett Williams and the issue of his body lawfully begotten and in default or failure of such lawful issue then to the use of Samuel Barrett the Eldest reputed Son of my said Son Samuel Barrett deceased by Mrs Elizabeth Barrett Williams and the issue of his body lawfully begotten and in default or failure of such lawful issue then to the use of my Grand daughter Eliza Barrett Barrett her heirs and assigns for ever Item I give and bequeath unto Richard Barrett reputed son of my deceased Son Samuel Barrett by Mrs Elizabeth Barrett Williams and the issue of his body lawfully begotten all the lands Negroes or other Slaves with their future issue and increase given and bequeathed unto me in and by the last will and testament of my sister Margaret Lawrence deceased and in default of such lawful issue of the said Richard Barrett I then give and bequeath the same unto Edward Barrett and George Goodin Barrett two Hiers [sic] of the reputed Sons of my deceased son Samuel Barrett by Mrs Elizabeth Williams and the issue of their respective bodies lawfully begotten as tenants in Common and in default or failure of such issue then I give and bequeath the same unto Samuel Barrett one of the reputed sons of the deceased Samuel Barrett by Mrs Elizabeth Barrett Williams and the issue of his body lawfully begotten and in default or failure of such issue I then give and bequeath the same unto my Grandson Samuel Moulton Barrett and the issue of his body lawfully begotten and in default of such issue I then give and bequeath the same unto my Grandson Edward Moulton Barrett and the issue of his body lawfully begotten and in default of such issue I then give and bequeath the same unto my Grand daughter Eliza Barrett Barrett and her heirs and assigns for ever Item I give and bequeath unto the said Edward Barrett and George Goodin Barrett two of the reputed Sons of my deceased Son by Mrs Elizabeth Barrett Williams the sum of ten thousand pounds Sterling money of Great Britain to each of them when they respectively attain the age of twenty one years and I do hereby subject and make liable the whole of my Estate both real and personal with the payment of the same Item it is my will and I direct and appoint that the above mentioned children Samuel Barrett[,] Richard Barrett[,] Edward Barrett and George Goodin Barrett as also my two Grandsons Edward Moulton Barrett and Samuel Moulton Barrett and my said Grand daughter Eliza Barrett Barrett be respectively maintained educated and Clothed until their respective legacies and bequests becomes due and payable at the discretion of my said trustees and at the charge of my Estate Item I empower my trustees herein before named out of the rents issues and profits of my Estates and |Rums| to purchase any lands adjoining and contigious [sic] to said properties as also any Negroes or other Slaves Mules Horned Cattle which they may deem necessary which said lands Negroes and Stock so to be purchased are to be subject to the same limitations and contingent remainders as the Estates and properties herein before devised Item Whereas since writing the antecedent parts of this my will my worthy and esteemed friend Robert Scarlett Esquire have departed this life I do therefore nominate and appoint and in his place and stead doth put my friend Thomas Reid Esquire of Belvidere as trustee
to act jointly with my other trustees before named and with the same powers and authorities as are herein vested in them and I do also appoint my beloved wife Executrix and Trustee during her Widowhood only with the like authorities Item it is my will and I direct and appoint that Elizabeth |Helpiu| shall and may have the use and occupancy of the messuage & land wherein she now lives as also the Negro Grounds occupied by her Negroes for and during the term of fifteen years to be computed from my decease free from all charge or demand for rent during said term on this proviso nevertheless that the privilege hereby given and granted unto her shall not be assignable or transferred to any other person and I do also remise release and remit unto the said Elizabeth Helpiu a moiëty or one equal half part of whatsoever sums of money that she may be owing unto me at the time of my decease Whereas since writing the antecedent parts of this my will my Grandsons Edward Barrett Moulton and Samuel Barrett Moulton have attained His Majestys Royal Licence to take and use the Surname of Barrett it is therefore my will and pleasure that all such of my heirs as may hereafter inherit the Cambridge and Oxford Estates Trelawny Cinnamon Hill and Cornwall Estates in Saint James’ in pursuance of this my will shall use the Surname of Barrett and obtain His Majestys Royal Licence lawfully to take and use the same Item whereas the Estate of my late Son George Goodin Barrett Esquire deceased is indebted unto me in very large sums of money and whereas he has vested and limitted his real Estates in and by his said Will and bestowed to the use and behalf of all and every the reputed Sons of my late deceased Son Samuel Barrett by Mrs Elizabeth Barrett Williams hereinafter named to wit Samuel Barrett[,] Richard Barrett[,] Edward Barrett and George Goodin Barrett and the issue of their respective bodies lawfully begotten to inherit in succession one after the other Now I do hereby remise release and forever quit claim and do give and bequeath unto such one as may inherit the said Spring Estate under and by virtue of the last Will and testament of the said George Goodin Barrett all and every such sum and sums of money as may be due and owing unto me by the heirs of my said son George Goodin Barrett Esquire deceased Provided also nevertheless that the heirs inheriting his real Estate under and by virtue of his Will shall likewise release and for ever quit claim unto my heirs as may hereafter inherit Oxford and Cambridge Estates Trelawny in pursuance of this my will all their Estate right title and interest of and in the several parcels of land and premises purchased by and in the name of the said George Goodin Barrett for the use of Oxford Estate from Simpson et Ux[,] Miller & Ux |Mead| et |ad| also Lancaster Penn and all other lands in the said Parish of Trelawny which the heirs claiming under the Will of the said George Goodin Barrett may or might lawfully claim Item Whereas Antecedent thereto I have vested in my Trustees before named my Barquedier Wharf and messuage at Falmouth also my Penn in Saint Anns known by the name of the Retreat Penn and every of the Slaves Stock and premises respectively belonging to the use and behalf of my said Grandson Samuel Barrett Moulton and his lawful issue and the several persons particularly described in and by the entail thereby created Now it is my Will and pleasure that in default or failure of all the issue of my
said Grand daughter Eliza Barrett lawfully begotten that instead of said Penn and Barquedier devolving unto my right heirs as herein before mentioned that the same premises shall be for the use and benefit of all and every of the reputed Sons of my said deceased Son Samuel Barrett by Mrs Elizbeth Barrett Williams hereinafter named to wit Samuel Barrett[,] Richard Barrett[,] Edward Barrett and George Goodin Barrett and the issue of their respective bodies lawfully begotten to inherit in succession one after the other and in default or failure of such lawful issue then to the use of my right heirs for ever Item all the rent residue and remainder of my whole estate both real and personal as mixed in the Island of Jamaica or elsewhere I give devise and bequeath the same and every part thereof unto my Grandsons Edward Moulton Barrett and Samuel Moulton Barrett Sons of my daughter Elizabeth Moulton and the issue of their respective bodies lawfully begotten To hold in equal shares and portions when they respectively attain the age of twenty one years but in case of their decease before they attain the age of twenty one years without lawful issue surviving I then give and bequeath the residium of my said real Estate both real and personal to be equally divided between my Grand daughter Eliza Barrett Barrett and all and every the reputed Sons of my deceased Son Samuel Barrett by Mrs Elizabeth Barrett Williams herein after named to wit Samuel Barrett[,] Richard Barrett[,] Edward Barrett and George Goodin Barrett and the issue of their respective body and bodies lawfully begotten when they respectively attain the age of twenty one years but in case of the decease of either of them before they attain the age of twenty one years without lawful issue surviving I then give and bequeath the shares of him her or them or dying to the survivors and survivor of them their heirs and assigns for ever Lastly I nominate constitute and appoint my beloved wife Judith Barrett Executrix during Widowhood only and my trusty friends Thomas Reid Esquire of Belvidere[,] Henry Waite Plummer of Saint Elizabeth[,] Philip Anglin Scarlett Esquire of Saint James’[,] The Honorable George Crawford Ricketts Esquire Attorney General of Jamaica and James Scarlett Esquire of London Barrister at Law Executors of this my last Will and Testament hereby revoking and making void all former wills by me at any time heretofore made and declare this only to be my last will and testament written upon eleven sheets of paper to each of which I have affixed my hand and to the last sheet my Seal this thirteenth day of November in the year of our lord one thousand seven hundred and ninety eight _____________ Edw Barrett _____________ Signed sealed published and declared by the said Edward Barrett the Testator as and for his last will and testament in the presence of us who at his request and in his presence and in the presence of such other haved subscribed our names as witnesses thereto _____________ Robt Bell _____________ Henry Thornhill Gibbes _____________ William Plummer Junr
Jamaica Is
In obedience to the Dedimus Potestatem herewith annexed I have administered an Oath unto Henry Thornhill Gibbes who being duly Sworn on the Holy Evangelists maketh Oath and saith that he was present and did see Edward Barrett the Testator in the Instrument of writing herewith annexed being of sound mind and memory sign seal publish and declare the said Instrument of writing to be his last will and testament and that at the same time Robert Bell and William Plummer Junior 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 hereunto annexed.
Given under my hand and seal this twelfth day of March Anno quo Domini 1799 Thomas Josf Gray |Extier|
M Atkinson Secty
Proved at London 26th August 1799 before the Worshipful Alexander Croke Doctor of Laws and Surrogate by the death of James Scarlett one of the Executors to whom [illegible word] was granted having been first sworn only to Administer Power reserved of making the like grant to Judith Barrett Widow the Relict Thomas Reid[,] Henry Waite Plummer[,] Philip Anglin Scarlett and the Honorable George Crawford Ricketts Esqre the other Executors when they shall apply for the same.
Chas. Dively
John [illegible name]
M F |Soothing|
Deputy Registers
Publication: None traced.
Source: Copy at Berg Collection.
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