WILL FOR JEMIMA
WILL FOR JEMIMA
Extracts from the will of Captain Andrew Durnford, Royal Engineers, resident of St. George Bermuda, signed September 1, 1798 and probated January 16, 1799. WITNESSES: Frederick Augustus DeButts, Robert Kelly, George Gaines, Esq.
EXECUTORS: Two sons, Andrew M. I. Durnford and Anthony William Durnford.
Property devised; Personal and Real Estate owned and held in Great Britain only.
FORMER WILL: dated 1788 having been drawn and published in Great Britain; revoked absolutely.
PRESENT WILL: Devises; Wife Jemima Margaret Durnford, sons, Andrew M. I. and William Anthony Durnford.
PERSONAL ESTATE: To beloved wife, Jemima, all household goods and furniture (other than special requests below) in Great Britain; also all plate, linen, china, also all her and my watches, jewels, rings and such articles as are worn by her as ornaments for her person and which at my death shall be in Great Britain, all these for and during her life and no longer.
To my son, Andrew, all my books and all my professional drawings, plans, and instruments; also my drawing table, bureau, boxes, and other furniture belonging to my room or study in Great Britain and which shall be there at the time of my death to and for his own use absolutely.
INVESTMENTS: To my beloved wife Jemima for her life and no longer all my annuity or yearly rent charge of 160 pounds sterling which is payable to me during the life of her sister, Hannah King, out of and chargeable upon certain estates in the county of Northumberland, called Fenton, Fenton Demesne and Nesbitt farms and all deeds, bonds, and Instruments whereby the same is secured unto me.
In case Hannah King shall predecease Jemima Durnford, I do devise unto my sons Andrew and William Anthony the policy or policies of Assurance whereby the principal money paid by me for the purchase of the said rent charge or yearly sum of 160 pounds is assured to me, my executors and administrators upon the decease of the said Hannah King by the Society for Equitable Assurances on lives, survivor ships and all sum or sums of money which shall or may be received or recovered thereon or by virtue thereof in trust to invest the money and interest which shall arise therefrom in some of the public funds and to pay the dividends and interest accruing on the same as it shall accrue and become due to the said Jemima Durnford for her life.
DOWER: "It is my will" that my wife shall accept these foregoing bequests absolutely as her dower third, or free bench out of any part of the Real Estate which I may die seized of or entitled to.
RESIDUE OF REAL AND PERSONAL ESTATE IN GREAT BRITAIN: To my sons, Andrew M. I. Durnford and Anthony William Durnford, to be divided between them in equal portions, share and share alike as tenants in common and not as joint tenants....forever....in case either die under age without lawful issue such residue to go wholly to the survivor forever.
WILL COVERING THE BERMUDA ESTATE
This will was drawn at the same time the above will was drawn and the same witnesses were used. Signed September 1, 1798 and probated in Bermuda on October 29, 1798.
EXECUTRIX: Elizabeth Lucas; Property devised; Personal and Real Estate owned and held in the Islands of Bermuda only.
Imprimis within one year of death an appraisement and valuation to be made of all real estate held in Bermuda, two copies to be made, one for the executrix and one to be recorded in the Secretary's office.
DEVISES: My dear friend Elizabeth Lucas resident of the Town of St. George, Bermuda, and the following children of Elizabeth Lucas, that is to say; Elizabeth Durnford, Henry Durnford, John Durnford and James Durnford.
Under certain circumstances "the two executors named in my will covering my property in Great Britain, as executors thereof in manner as I have therein devised to them all the real and residue of my property in Great Britain....." and under certain different circumstances "my friends Simon Frazer, Esq., storekeeper of H. M. Ordinance at St. George and Robert Tucker, Esq. of Rivers Island."
PROPERTY DEVISED: Personal Estate; Outright to Elizabeth Lucas all money, plate, linen, china, household furniture, implements of husbandry, cattle, goods, and description which may belong to me or be possessed by me at the time of my death, and which shall be within the Bermuda Islands.
REAL ESTATE: In trust until each of the four children mentioned above or the survivors of them arrive at the age of 21 years; "all my lot or lots of grounds situated at a place known as Style Hill in the town of St. George together with the dwelling houses, buildings, out buildings, and the appurtenances, wharfs, wharehouses (sic), storehouses, also all the lands which I have purchased from John Grove Palmer Esq., at Mullett Bay in the Parish of St. George. Also all the lands and grants of lands granted to me by H. H. the Governor, Sir Henry Hamilton, which bear date on or about Sept. 25, 1794, also all my estate and interest in the glebe lands sold by authority of an act of the Legislature of these Islands, lying and being in the Parish of St. George. Also certain small island called Rushy Island which I purchased from John Grove Palmer Esq. and is situated in the harbour (sic) of St. George at the entrance of Town Cut.; Together with the rents, issues and profits of all said premises.
TO ELIZABETH LUCAS: To have and to hold (for such period as stated above) on trust nevertheless and on special confidence and to the interest and purpose that the said devised lands, etc. may be kept up and managed in the best possible manner for the benefit of the devisees herein mentioned and during the continuance of the said trust, all rents, issue and profits to and for her own use to enable her to educate and support said (four children above) for the residue and continuance of the trust. In the event that Elizabeth Lucas should die before the determination of the trust all these lands are immediately from the time of her death, devised unto my friends, Simon Frazer and Robert Tucker (mentioned above) for the residue of the term and time and on the trusts before mentioned and declared respecting the same in the devise thereof to my dear friend Elizabeth Lucas....particularly request, two friends to have and take a fatherly interest and care and attention to the education and bringing up of the said (children), to be particularly attentive to the management and improvement of the lands, etc. and:
TERMINATION OF TRUST: On the attainment of the age of 21 respectively and severally be them the said (four children) or only the youngest of them who shall live to attain such age.
FROM AND ON THE DETERMINATION OF THE TRUST: I do devise the said lands, etc., to John Durnford, his heirs, etc., forever, subject to the provisions and conditions hereafter expressed; To Elizabeth Lucas; annual rent charge of 40 pounds for life (paid quarterly or half yearly as she wishes). The first payment to be made at the end of the first quarter or half year as she requests, after the determination of the trust estate; also shall have and enjoy the free, full use and occupation of my dwelling, outhouses, buildings (except wharfs and storehouses) and gardens at Style Hill for and during the term of her life, UNLESS it shall please John Durnford to sell or dispose of Style Hill....in which case the entire estate "shall stand charged (in lieu and satisfaction to Elizabeth Lucas of the aforesaid 40 pounds and as an equivalent and recompense to her for the loss and use, etc., of Style Hill) with payment of one annual sum of 120 pounds current Bermuda money for life, first payment to be made at the end of the first quarter or half year following the sale of Style Hill, (as she shall direct to: Elizabeth Durnford, Henry William Durnford and James Andrew Durnford, within eighteen months after coming into possession, John Durnford shall to each of these or their heirs pay one quarter of the value of the devised lands, etc., according to the appraisement and valuation (at the time of my death).
IN DEFAULT OF THIS PAYMENT: "I devise all my said estate etc. to (the four children) their heirs and assigns forever equally to be divided between them share and share alike each one fourth part as tenants in common and not as joint tenants, subject to the aforesaid annual sum or yearly rent charge of 40 pounds and subject to the same conditions and provisions....for Elizabeth Lucas regard her occupance of Style Hill or annual allowance of 120 pounds as mentioned above.
FURTHER: In case of default of payments as set out above: In event any of them shall die without having (lawful issue) or without having legally devised his or her share or shares, I devise that their quarter share shall also die and go to the survivors or survivor, of them (at the determination of the trust and subject to the limitations and provisions already set out concerning Elizabeth Lucas. In the event all of them die without lawful issue since or intestate with regard to this estate (having no lawful issue) I do devise the estate subject to the provisions for Elizabeth Lucas to the two executors named in my will respecting my property in Great Britain, etc. (as set forth in the beginning of this will. "I will and direct that no timber be cut from any of my estate or lands in Bermuda before the termination of the Trust Estate) unless as so much as may be necessary to pay and discharge the quit rents due from the estate; provided the same cannot be in any other way discharged...