TUCKER, JAMES
W15:148
dated 12 April 1826
proved 24 November 1826

I James Tucker of Pagets Parish in the Islands of Bermuda merchant, do hereby revoke and cancel all wills, codicils and testimentary depositions by me heretofore made, and do publish and declare this as my last will and testament, whereof I do nominate, constitute, and appoint my son Thomas Jennings Tucker, and my son in law Doctor Augustus William Harvey, executors.

First: I will and desire that all my just debts and funeral expenses be fullly and honorably paid, and satisfied, and also all such debts as are due to me, be collectedas conveniently may be after my decease.

Secondly: I order and direct that as soon after my decease or as conveniently may be, an inventory and an appraisement or valuation be had and taken of all my real estate, including all timber growing or standing thereon of the value of one shilling and eight pence currency and upwards, and also all of my personal estate and effects, which appraisement or valuation is to be made by three fit persons to be for these purposes nominated and appointed by my said executors, or the survivor of them.And that such inventory and appraisement be taken by my said executors asa guide for them in the distribution of my estate whenever such an event may take place. And it is my will and desire that all such the timber aforesaid, which may be thereafter by my executors or the survivors of them, to be ripe, be cut and sold the first foremost opportunity which may offer either as public auction or estate sale, at the discretion of my said executors or the survivors of them, and the proceeds thereof to be disposed as part of my personal estate.

Thirdly: I give and bequeath to my son James Henry Tucker my gold watch with its appendages, also to my son Frances Jennings Tucker my sword, and to my grand son Samuel Augustus Harvey my ?hanger?. And as a mark of the particular affection which I have for my niece Mary Tucker Fowle I give and bequeath to her, a decent and full suit of mourining, one piece of five ___, and the sum of one hundred pounds currency, to be paid to her by my said executors or the survivors of them within six months after my decease, and I further give and bequeath unto her my said niece, to the amount of one hundred pounds currency, payable in or out of the dry goods I might have in my store at the time of my decease, as she might like taken and as my executors or the same of them might approve, at the current price or value which would be required, if sold to any indifferent person. Also to each of my daughters who may be without husbands at the time of my decease, I give and bequeath the sum of one hundred pounds currency. Also to each and every of my grand children who may be living at the time of my decease, I give and bequeath the sum of twenty pounds currency, to be paid to such of them as may be above the age of twenty one years or be married at the time of my decease within twelve months after such my decease, and to those to those who may be within of such year married, as they sahll severally attain the age of twenty one years or be married, and in the mean time, that is to say, during the minority of such infant grand children, for the legacy of each to be paid its interest by my said executors or the survivors of them, for their respective use and benefit until the persons arrive for them severally ___ the ___ with all administration thereon. And I also give and bequeath to my daughter Catherine Lewis the sum of fifty pounds currency in lieu of and as a full compensation for the services which my family have received and may continue to receive from her Negro man Ben, without any deduction for the ___ ___ of the said Negro or two offspring or otherwise. Should my sisters Elizabeth Caron?, Catherine Hall? or either of them survive me, it is my will and desire that my said executors or the survivors of them do protest such my said sisters or the survivors of them, after my decease with a complete suit of mourning as a small momento of my love and affection for them.

Fourthly: All sums of money and other amounts and demands which I will or may or now have at the time of my death against my said sons James Henry Tucker and Thomas Jennings Tucker, jointly or individually or anyhow otherwise, in any account score or protest whatever, I hereby give and bequeath to or otherwise freely relinquish to and do hereby absolve and release them and each of them my sons James Henry Tucker and Thomas Jennings Tucker them and each of their heirs, executors and administrators of and from the payment of the same, and of and from all liability attended therefor.

Fifthly: Whereas I have bestowed a liberal education upon my son John Harvey Tucker and consequently have advanced large sums of money to and for him, both before and since he arrived at the age of twenty one years, as well for his education in America as for his education while in England, which latter advances (that is to say while in England) I here charge him with or entered in my books of account according to his particular request contained in his letter to me bearint the date Cambridge November the fourth, one thousand seven hundred and ninety eight, And whereas the advances are made by me to my said son John Harvey Tucker after giving him full credit for the legacy left him by his uncle the Honorable John Harvey deceased, and for his proportion likewise of such part of the residue of the estate of the said Honorable John Harvey deceased as has already been distributed with the interest in such advances, will probably estimate to much more than either of my other children has received from me or will hereafter receive as a distribution of my estate. Therefore conceive that I should act unjustly towards my other children were I to give him an equal proportion with them of the property which I might have at my death, particularly as he has not to my great grief and astonishment conducted himself in that dutiful manner to his now deceased mother and myself, that our tenderness and attention towards him merited, and which naturally may and might have been expected from a son, and I wish and hope that when he calls to mind what I have done for him, and also his own conduct, he will not appear or desire more than what I am now about to bequeath to him conditionally, that is to say. In case he shall neither give or cause any trouble or molestation to my said executors or the survivors of them in any shape or manner whatever relating to my estate, otherwise than in demanding and receiving the pecuniary legacy herinafter bequeathed to him, and also what properly might come under this management or settlement as regards any proportion of his said ___ the Honorable John Harvey's estate, effects as here already ___ distributed, which will appear by my said books and further I give and bequeath to him my said son John Harvey Tucker the sum of two hundred pounds causing to be paid him by my said executors or the survivors of them in two installments that is to say the sum of one hundred pounds thereof at the expiration of six months after my decease, and a like sum of one hundred pounds at the expiration of eighteen months after my decease, which said be par tof the clause mentioned, it is my meaning and direction, shall go and be fully discharged and satisfied of all rights title, interest, property, leins and demands whatsoever both to law and in equity, which he may or can have or set up against me and my estate or any part of the same excepting all of his proportion of such part of the estate of the said Honorable John Harvey deceased as amy still remain to be divided as or distributed which it is not my intention shall be retained or withheld from him.

Sixthly: I order and direct that the whole of my real estate be divided as allotted into the following eight shares or divisions and that such parts or divisions thereof be separtely appraised togehter with allthe timber or trees thereon, of the value of one shilling and eight pence currency and upwards, unless the valuation or appraisement herein before directed to be made shall render a second ___ , by three fit persons to be nominated by my executors, or the survivors of them that is to say:
My mansion house, outhouse, gartens and the tract of land thereunto adjoining laying to the southward of the Broad Road or Public Highway and situate lying and being in Paget's parish aforesaid in the said Islands containing thereby six acres or thereabouts, be the same more or less bounded easterly by lands of James H Trimingham, southerly on the open sea or ocean, westerly on lands formerly Nathaniel Butterfield the Elder's and lands of Jeremiah Tynes; and northerly on the said Broad Road or Public Highway (which boundaries include a small parcel of land purchased by me of the Nathaniel Butterfield Esq, and Jane his wife, and by the deeds for the same more fully appears) also my set of ground situate in Pagets parish aforesaid and commonly called a back lot, bounded northerly on an east and west road or street in a space allotted therefor which seperates it from the water lot in which my store house stands, easterly on a lot formerly of Nathaniel Jones deceased, southerly on lands late of William Hubbard? deceased, and westerly on lands formerly belonging to Franics Jones Esqr deceased, since occupied by Joseph Rivers now deceased, to form one division.
My store house, whereof, fish pond and the lot of ground in which the same are created, situate also in Paget's Parish aforesaid called a water lot bounded northerly on the Lane ___, easterly on a lot formerly Nathaniel Trimingham's now deceased, southerly on an east or west road or tract or space designed therefor, which seperates this water lot from my back lot before mentioned, and westerly on a lot formerly John Albouy's now deceased and late in the occupation of Mary Hatchard? now deceased and lands formerly Francis Jones' aforesaid, to form another division.
My severall houses and tract of land also situate in Paget's Parish aforesaid laying to the northward of the Broad Road or Public Highway aforesaid, containing fourteen acres or thereabout, be the same more or less, bounded southerly on the said Broad Road or Public Highway, westerly on lands formerly of John Stowe's lately deceased, northerly on the new ___ Road or public highway, and easterly on lands of James H Trimingham, to form another division.
My lot of land situate in the Town of Hamilton and Parish of Pembroke in the said Islands, known by or called Lot number eight, containing fifty feet in front and __ or posteriorly and fifty feet in such sides together with the house, outhouses and all other improvements therein to form another division.
My house outhouses and tract of land thereunto adjoining situate lying and being in Devonshire Parish in the said Islands containing twelve? acres, one road, and thirty two and one half perches, or thereabout be the same more or less, bounded southerly on lands late of William Roberts deceased, westerly on lands called the School Lands, northerly on lands formerly Nathaniel Tynes' and easterly on lands late of Benjamin Stone now deceased, to form another division.
My lot of land situate in the aforesaid Town of Hamilton and called lot number one hundred and sixty, containing fifty feet in front and rear respectively and fifty feet on each side, also my other lot of land situate in the Town of Hamilton and called Lot number forty one, containing fifty feet in front and rear respectively and one hundred and fifty feet on each side, together with all buildings thereon situated or which may be created on the said lots or either of them, to form another division.
And my lot of land also situate in the said Town of Hamilton and called lot number eighty one, containing fifty feet front and rear respectively, and one hundred feet on each side, and likewise my other two lots of land also situate in the said Town of Hamilton and called Lot number one hundren and sixty one, containing fifty feet in front and rear respectively and fifty feet in each side together with all buildings which are or may be erected on the said respective lots or either of them to form another division, the whole of which said real estate consisting of eight divisions as aforesaid I give and devise to Benjamin Dickinson Harvey Esqr and my grandson Samuel Augustus Harvey and the survivors of them, and to the heirs and assignes of such survivor of them. In trust to and further sole use and behoof as is hereinafter more particularly expressed of my eight children, namely James Harvey Tucker, Thomas Jennings Tucker, Mary Harvey the wife of the Honorable John Noble Harvey, Ann Albouy the wife of the Honorable Francis Albouy, Harriett Tucker, Catherine Lewis, Amelia Harvey the wife of the said Doctor Augustus William Harvey, and Deborah Stiles Tucker, that is to say, until such time as a division of the said real estate in the different quantities or parcels aforesaid, or what shall remain thereof in case I should have to sell or dispose of any part or parts thereof, shall take place according to the priority of choice hereafter mentioned, and immediately from and after such choice shall be made by or for my said respective eight children... namely, Jmaes Harve Tucker, Thomas Jennings Tucker, Mary Harvey, Ann Albouy, Harriet Tucker, Catherine Lewis, Amelia Harvey, and Deborah Stiles Tucker, that each and every of seven of my aforesaid children, namely, Thomas Jennings Tucker, Mary Harvey, Ann Albouy, Harriet Tucker, Catherine Lewis, Amelia Harvey,, and Deborah Stiles Tucker, shall be seized of an ___state estate in fee simple of and in the several parts or shares of the said real estate so to be made choice of by or for them respectively free as regards them from the aforesaid first and should any or either of my said last mentioned seven children, namely, Thomas Jennings Tucker, Mary Harvey, Ann Albouy, Harriet Tucker, Catherine Lewis, Amelia Harvey, and Deborah Stiles Tucker _ either being disposed of his, her or their part or parts or division or divisions of my said real estate and either a child or children to whom the child? might legally direct? in fee simple, then each part or parts, or division or divisions shall go to and be equally divided between and among such of my said late mentioned seven children as may be then living in fee simple. But I wish it to be understood that it is my decided intention not to detail any division or other part of my said real estate, or to devise any other than an absolute fee simple estate to each and every one of my said late mentioned seven children of, in or in regards the several parts, shares, proportions, or divisions thereof which may be so chosen by, or for them respectively in conformity to this my will. And with respect to the remaining part or division of my said real estate immediately from and after such advice shall be made by, for, or in behalf of my said son James Henry Tucker in conformity to this my last will. I give and devise such part, share or division of such real estate unto the aforesaid Benjamin Harvey Esqr and my aforesaid grandson Samuel Augustus Harvey and the heirs of them and the heirs and assignes of each survivor of them, upon this further I rest, that the same shall be and to and for the sole use and behalf of my said son James Henry Tucker without being in any way subject or liable to his conditions or for any sum or sums of money which now is, in or hereafter may be ___ turing and ___ and from the said James Henry Tucker, or for any of his contract, engagement, and incumbrances whatsoever, save and except such sum or sums of money only, as such division or interest of my said real estate as may be so chosen for or in behalf of my said son James Henry Tucker may exceed in value by the appraisement before directed to be made, the other parts, portions or divisions of my said real estate as may be so chosen by or for my said seven other children aforesaid respectively namely Thomas Jennings Tucker, Mary Harvey, Ann Albouy, Harriet Tucker, Catherine Lewis, Amelia Harvey, and Deborah Stiles Tucker. And where this furhter trust, that the said Benjamin Dickinson Harvey and Samuel Augustus Harvey, or the survivors of them, and the heirs and assignes of such survivor of them, shall and will grant bargain and sell if unanimously acquired lots do by the said James Henry Tucker and my said executors or the survivors of such executors, and the heirs and assignes of such survivor of them either at public auction or private sale the said part, share or division of my said real estate which may be so chosen by or for or in behalf of the said James Henry Tucker, for the most the sale will fetch and to make, seal, execute and deliver all ___ deed and conveyances therefor to the purchaser or purchasers thereof the presents arising from such sale either to place at interest in same public or government stocks or incentives in the name or names of my said executors or therenow of them, and for the said James Henry Tucker to receive the award interest thereof for and during his natural life, and with the death of him the said James Henry Tucker for his lawful children or child if he leaves any, to receive and enjoy to and for his her or their use and benefit, the whole of the principal amount which may be so rested or arrising from a sale of the said part share or division of my said real estate so to be chosen by, for or in behalf of my said son James Henry Tucker, or otherwise for my said executors or the survivor of them, if they see fit and arenot otherwise to pay over to, pr present the said James Henry Tucker to receive the whole amount of such presents, after deducting all incidental charges as appears attending such sale, to and for his sole use and benefit, as he the said James Henry Tucker, asd my aforesaid executors or the survivors of them such executors and the heirs and assignes of such survivors shall or may think proper, which is to be declared in writing to be jointly subscribed by them. But neither such principal ammount nor any interest arrising therein are to be held subject or ___ for any debts, contracts or maintenance of the said James Henry Tucker or for any sum or sums of money which he might owe. And upon this further trust that in the event of such sale taking effect, and the proceeds as thereof having been placed at interest as aforesaid and of the said James Henry Tucekr dying without lawful children or a child the such principal amount or parcell which may be so placed at interest shall be paid over to and be liable to be received by my said seven children, namely Thomas Jennings Tucker, Mary Harvey, Ann Albouy, Harriet Tucker, Catherine Lewis, Amelia Harvey, and Deborah Stiles Tucker. as may then be living ___ and for his her or their own use and hereafter. And also upon this further trust, that if the said part, share, or proportion of my said real estate as may be so chosen by, for or in behalf of my said son James Henry Tucker should not be sold or disposed of as aforesaid, and he should die without bearing children or a child to whom the same might legally descend in fee simple, then such part, share or proportion of my said real estate shall go to and be equally divided between and among such of my aforesaid seven children, namely Thomas Jennings Tucker, Mary Harvey, Ann Albouy, Harriet Tucker, Catherine Lewis, Amelia Harvey, and Deborah Stiles Tucker as may be then living in fee simple, and if there be more than one survivor of them, then such survivors shall be as tenants in common. And it is my will and desire and I do hereby order and direct that the aforesaid eight divisions of my said real estate be chosen in the order or manner following, to wit, my said son James Henry Tucker, whose part is to be held in trust as aforesaid, is to have the first choice; my said son Thomas Jennings Tucker the second choice; my said daughter Mary harvey, the third choice; my said daughter Ann Albouy the fourth choice; my saud daughter Harriet Tucker the fifth choice; my said daughter Catherine Lewis the sixth choice; my said daughter Amelia Harvey the seventh choice; and my said Deborah Stiles Tucker is to have the remaining division. And if all or any of my children, devisers of my aforesaid real estate should refuse or neglect to make a choice of a division of my said real estate within three months after application form for this purpose been made to him her or them by my said executors or the survivors of them, or the executors or administrators of such survivor of them, then such executors or the survivors of them, or the executors or administrators of such survivors of them, shall make such choice to and for the one or more of my said last mentioned eight children of my said real estate so refusing or neglecting, which shall be valid and binding. And as some of the said divisions of my said real estate must be worth more than the rest, according to an appraisement to be had thereof as aforesaid, shall be subject and liable to the other division or divisions of my said real estate, for the difference or excess in such valuations, and also that the several proportions of my personal estate and effects hereinafter bequested to my said eight children, namely James Henry Tucker, Thomas Jennings Tucker, Mary Harvey, Ann Albouy, Harriet Tucker, Catherine Lewis, Amelia Harvey, and Deborah Stiles Tucker shall likewise be ___ed and liable to be retained by my said executors or the survivors of them, and the executors or administrators of such survivors of them, and applied and apid over as part of the same will admit or as may be necessary, to such of my said before mentioned eight children respectively, who might as regards the said valuation herein before directed to be made, have a less proportion or share of my said real estate than the rest; it being my will and meaning to make my said eight children named in this clause of my will equal in the division of my said real estate in as far as regards the appraised value of the same.

Lastly. In case I should hereafter sell or dispose of any part of my said real estate herein before devised, it follows that there must be a diminution in all or some of the before mentioned divisions thereof. In such an event I trust and hope it will occasion no material inconvenience or disappointment to any or either of my before mentioned children who are the devisers thereof, as it is my ___ intention and I do hereby order and direct (as I think I have done before) that such difference or excess of value be made good to those of the said devisers whose part or parts or divisions of my said real estate may be so diminished, for which difference or excess the several divisions of such my said real estate so to be made choice of by or for the other devisers thereof aforesaid respectively and exceeding in value the rest together with the value or shares or proportion or proportions of my said personal estate and effects as may be coming to said devisers of my real estate above division of such real estate may so exceed in value the rest, are to be ___ and liable.

In testimony whereof I the said James Tucker have to this my last will and testament contained in nine pages and a part of the tenth page, set my seal the top of the first page and my hand at the bottom of the first, third, fifth, and seventh pages and my hand and seal to the bottom of the last page the twelfth day of April in the year of Our Lord one thousand eight hundred and twenty six.

Signed, sealed, published and declared by the above named James Tucker as and for his last will and testament in the presence of us, who in his presence and at his request and in the presence of each other have hereto subscribed our names as witnesses, the word "choice" in the last page being first interlined, also the word "one" on the same page being first interlined.
Francis Trimingham
Dan.l Jones
John F Trimingham Jun.r

Bermuda alias Somer's Islands

By His Excellency Lieutenant General Sir Hilgrove Turner K__, Governor, Commander in Chief and ordinary in and over these Islands &c &c &c
I do hereby certify that the foregoing instrument of writing purporting to be the last will and testament of James Tucker of Pagets' Parish, merchant deceased, has been duly proved before me as ordinary as aforesaid in solemn form of law as the last will and testament of the said James Tucker, by the depositions of Francis trimingham, Daniel Jones, and John F Trimingham the subscribing witnesses thereto, who severally made oath that they saw the said testator sign, seal and duly execute the same as and for his last will and testament and that the said testator was at the time of such execution of sound and disposing mind, memory and understanding to the best of their judgements. And that the same was pronounced as duly proved, by my sentence as ordinary as aforesaid, as the twentieth day of November instant.
In testimony whereof I the Governor and ordinary aforesaid have hereunto set my hand and seal in arms this 24th day of November A D 1826.
By his Excellency's command
Jn.o J Dismount, Deputy