Tucker, John Harvey
Vol 22, reel 180
will 25 June 1859
codicil Sept 10 1860
codicil 1 August 1861
indenture before marriage to Mary Browne 29 July 1803

The last will & testament of John Harvey Tucker Esq'r of Somerville, Bermuda Barrister at Law.

In the first place I will and desire that all my just debts and funeral expences be paid.

Secondly I will that all the timber above the value of one shilling each tree upon my land at Somerville and Bellair in Smith's Parish and at Mill? Point in the Parish of Pembroke be appraised as soon as may be after my decease and one third part of the appraised value as soon as the same can be realized be paid to my son George Somers, one third part to my daughter Louisa Bryan and one third part to my son George Somers in trust for my daughter Ann Harvey for her sole and separate use notwithstanding her present coverture payable in such sum or sums as seems as she may from time to time by her hand writing desire.

Thirdly, I desire my library to be disposed of by private or public sale and the proceeds thereof to be distributed in like manner equally among my said three deserving children.

Fourthly. I give devise and bequeath my house and land at Somerville with the furniture therein and the cattle unto my said son and his sister Louisa Bryan subject as aforesaid for and during their lives as joint tenants provided that upon the death or marriage of his sister Louisa Bryan her interest in the same shall cease and the remainder of my said house and land furniture and cattle I devise to my said son and his heirs forever.

Fifthly. I give and devise that part of my land at Bellair? on the North side of the Queen's Highway subject as aforesaid to my daughter Louisa Bryan and her heirs for ever.

Sixthly. I give and devise that part of my land at Bellair? in the south side of the Queen's Highway subject as aforesaid to my said son and his heirs to the use of my said son and his heirs in trust for his sister Ann Harvey to suffer and permit her or her assignes to take the rents issues and profits thereof for and during her life for her sole and separate use notwithstanding her coverture and from and immediately after her decease to convey the said land to such child or children of her as she shall by last will and testament notwithstanding her coverture appoint and in default of her appointmant to convey the same to all her children surviving at her decease and their heirs equally as tenants in common.

Seventhly. All the remainder of my real and personal estate I give devise and bequeath to my said three surviving children George Somers, Ann Harvey, and Louisa Bryan and to their heirs equally to be divided between them as tenants in common.

Lastly I do hereby nominate and appoint my son George Somers and daughter Louisa Bryan executor and executrix of this my last will and testament

In testimony whereof I have hereunto set my hand and seal this twenty fifth day of June in the year of our Lord one thousand eight hundred and fifty nine.

The seal and signature of the said John Harvey Tucker to the above last will and testament affixed was acknowledged by him as his own proper seal and hand writing in the presence of us whose names are under written.
Wm J Cox
Tho's N Dill

Whereas since the date of the annexed will my daughter Ann Harvey has become a widow I give and devise that part of my land at Bellair? devised in the said will to her brother George Somers in trust for her unto her absolutely and to her heirs forever, such ___ as therein mentioned to the devise of the appraised value of the timber thereon.

Also I give and devise unto my granddaughter Catherine and Mary Browne Peniston and to their heirs as tenants in common my two lots of land at Mill Point in the Parish of Pembroke subject as therein mentioned to the devise of the appraised value of the timber thereon.

In testimony whereof I have hereunto set my hand and seal this first day of August in the year of our Lord one thousand eight hundred and sixty one.

The seal and signature of the said John Harvey Tucker to this addition to the will annexed was acknowledged and handwriting in the presence of us whose names are underwritten
Wm J Cox
Thos N Dill

I give unto my grand daughters Almira, Anna, and Ellen ten pounds each payable out of the appraised value of the cedar trees upon my landed estate always excepting the two large cedar trees upon the Bowling Green and the fair large cedar trees below the oleander walk which I desire to go with the dwelling house and not be destroyed to any valuation or appraisement.
John Harvey Tucker
Sept 10 1860

B
Bermuda alias Somers Islands

Whereas by a certain indenture _____ bearing the date the twenty ninth day of July in the year of our Lord one thousand eight hundred and three between John Harvey Tucker of the Middle Temple London Esq'r of the first part, Mary Browne of Bernard Street Bassett? Square in the Parish of St George Bloomsbury in the County of Middlesex spinster of the second part and John Atkins of Walbrook London and Abram Atkins therein named Abraham Atkins of the same place and Charles Atkins of the Middle Temple London Barrister at Law of the third part a certain sum of six thousand pounds of the said Mary Browne in the four per cent Bank annuities consolidated April sixth seventeen hundred and eighty was in contemplation of a marriage between the said John Harvey Tucker and Mary caused by the said Mary to be transferred into the names of the said John Atkins, Abram Atkins, and Charles Atkins to the intent that they should be possessed thereof upon certain trusts and under such conditions and limitations as in and by the said indentures may more fully appear and whereas afterwards to ___ on the first day of August one thousand eight hundred and three the said intended marraige accordingly had and ....(end of copy).