Wentworth Bayly

There is a transcription of his will as follows at http://www.jamaicanfamilysearch.com/Members/Rbayly.htm [accessed 10/10/2019]

WILL OF WENTWORTH BAYLY

(Jamaica S.S.)

In the Name of God Amen I Wentworth Bayly of the Parish of Saint George in the County of Surry and Island aforesaid Esquire being of sound and disposing mind memory and understanding do make publish and declare this to be my last Will and Testament in manner following, that is to say, It is my mind and will and I do hereby order and direct that all my just debts and funeral expences & the charges of proving this my Will be in the first place fully paid and satisfied to the payment and satisfaction whereof I do hereby subject and charge make liable all the estate and effects of whatever nature kind sort or description which I may be seized and possessed of or entitled unto in any manner whatsoever at the time of my decease. Whereas previous to my intermarriage with my dear Wife Frances Carleton I did by a certain Indenture bearing date on or about the second day of June which was in the year of Our Lord One thousand eight hundred and fourteen settle and secure upon my Plantation or Sugar Work called Gibralter situate in the said Parish of Saint George and the Slaves thereupon and thereunto belonging an Annuity or clear yearly rent charge or sum of Two thousand pounds Sterling money of the United Kingdom of Great Britain and Ireland to my said Wife for and in the name of her Jointure during the term of her natural life in case she should survive me as by the said Indenture or Deed of Trust of record in the Office of the Secretary of this Island, reference being thereunto had, will more fully and at large appear. And whereas I am now desirous of making a further provision for my said Wife in case she shall happen to survive me and also to make a suitable provision for my Infant daughter Augusta Isabella as well as any other issue which I may happen to have by my said Wife I do therefore give devise and bequeath All my estate real and personal or of what nature kind sort or description the same may be or wheresoever situate unto my brother Charles Nathaniel Bayly of the City of London in that part of the said United Kingdom of Great Britain and Ireland called England Esquire and John Frederick Sigismund Smith at present of the Parish of Port Royal in the County of Surry and Island aforesaid Esquire and their heirs To the uses upon the Trusts and to and for the ends interests and purposes hereinafter declared of and concerning the same, that is to say, To the use of the said Charles Nathaniel Bayly and John Frederick Sigismund Smith and their heirs during the life of my said Wife, Upon Trust to support and preserve the contingent uses and estates hereinafter limited from being defeated and destroyed and for that purpose to make entries and bring actions as the case shall require but nevertheless to permit and suffer my said Wife and her assigns during her life to receive and take the rents issues and profits thereof and of every part thereof to and for her and their own use and benefit, but subject nevertheless to the term of five hundred years hereinafter raised and to the Trusts thereof, and subject thereto. Then to the use and behoof of Nathaniel Barton Esquire and The Reverend Samuel Dolworthy Clerk both of that part of the said United Kingdom of Great Britain and Ireland called England their Executors Administrators and Assigns for and during and unto the full end or term of five hundred years to be computed from the day of my decease and fully to be complete and ended without impeachment of waste upon such Trusts nevertheless and to and for such intents and purposes and under and subject to such provisoes and agreements as are hereinafter mentioned expressed and declared of and concerning the same. And from and after the end expiration or other sooner determination of the said term of five hundred years and subject thereunto To the use and behoof of the first Son to be by me begotten on the body of my said present Wife and of the heirs of the body of such first Son lawfully issuing and for default of issue of such first Son then to the use and behoof of the second third and of all and every and every other my Son and Sons on the body of my said present Wife to be begotten severally successively and in remainder one after another as they and every of them shall be in seniority of age and priority of birth and of the several and respective heirs of the body and bodies of all and every such Son and Sons lawfully issuing, the elder of such Son and Sons and the heirs of his body issuing being always to be preferred and to take before the younger of such Sons, and the heirs of his or their body or bodies issuing and for default of such issue then to the use and behoof of my said daughter Augusta Isabella and of all and every other my daughters on the body of my said Wife to be begotten to be equally divided between them, if more than one, share and share alike as tenants in common and not as joint tenants and of the several and respective heirs of the body and bodies of all and every such daughter and daughters lawfully issuing and for default of such issue then to the use and behoof of the first Son of the body of my said present Wife by any future husband lawfully to be begotten and of the heirs of the body of such first Son lawfully issuing and for default of issue by such first Son Then to the use and behoof of the second third and of all and every other the son and sons on the body of my said present Wife by any future husband lawfully to be begotten severally successively and in remainder one after another as they and every of them shall be in Seniority of age and priority of birth and of the several and respective heirs of the body and bodies of all and every such Son and Sons lawfully issuing, the elder of such Sons and the heirs of his body issuing being always to be preferred & to take before the younger of such Sons, and the heirs of his or their body or bodies issuing. And for default of such issue then to the use and behoof of all and every the daughter and daughters on the body of my said present Wife by any future husband lawfully to be begotten to be equally divided between them, if more than one, share and share alike as Tenants in common and not as joint tenants and of the several and respective heirs of the body and bodies of all and every such daughter and daughters lawfully issuing and for default of such issue then to the use and behoof of the said Samuel Dolworthy and of his heirs and assigns for ever, And to for & upon no other use trust end intent or purpose whatsoever. And as to for and concerning the said term of five hundred years hereinbefore limited to the said Nathaniel Barton and Samuel Dolworthy their executors admors and assigns as aforesaid I do hereby declare that the same is so limited to them upon the Trusts and to and for the intents and purposes and under and subject to the provisoes and agreements hereinafter mentioned expressed and declared of and concerning the same, that is to say, in case I shall have an eldest or only Son & one or more other child or children on the body of my said present Wife begotten or to be begotten Then upon Trust that they the said Nathaniel Barton and Samuel Dolworthy and the survivor of them and the executors and administrators of such survivor and their or his assigns by mortgage of my said estate or any part thereof for the whole or any part of the said term of five hundred years shall and do raise and borrow and take up at Interest the several sums of money hereinafter mentioned as portions for such younger child or children, that is to say, for each and every of such child or children as shall be a Son or Sons, save and except an eldest or only Son, the sum of Fifteen thousand pounds Sterling money of the said United Kingdom of Great Britain and Ireland and for each and every of such child or children as shall be a daughter or daughters, save and except an eldest or only daughter who shall for want of issue male of my body be entitled under the limitations hereinbefore contained to the reversion of my estate, the sum of Twenty thousand pounds of like Sterling money of Great Britain, the portion or portions of such of them as shall be a Son or Sons to be raised and paid on his or their attaining their respective age or ages of twenty one years and the portion or portions of such of them as shall be a daughter or daughters to be paid on their attaining their respective age or ages of twenty one years or day or days of marriage which shall first happen. And upon this further Trust that in the mean time and until the said portions shall respectively become due and payable as aforesaid the said Nathaniel Barton and Samuel Dolworthy and the survivor of them and the executors & administrators of such survivor and their or his assigns shall and do by and out of the rents issues and profits of my said estate raise and levy such competent yearly sum and sums of money for the maintenance and education of such child or children as shall not exceed the interest of their respective portions after the rate of five pounds in the hundred yearly and also to raise & levy a sufficient Annual sum of money for the maintenance and education of my eldest or only Son or eldest or only daughter until he or she shall be entitled to the reversion of my said Estate upon the decease of my said present Wife by virtue of this my Will. Provided always that in case I shall die leaving no such child or children on the body of my said present Wife to be begotten besides an eldest or only Son or an eldest or only daughter or in case all and every such child or children shall happen to die before all or any of their said portions shall become due and payable as aforesaid or in case the said portions and also such maintenance as aforesaid shall by the said Nathaniel Barton and Samuel Dolworthy or the survivor of them or the executors and administrators of such survivor or their and his assigns be raised and borrowed by the means aforesaid or in case of the same by such person or persons as shall for the time being be next in reversion or remainder of my said Estate expectant upon the said term of five hundred years shall be paid or well and truly secured to be paid according to the directions herein contained, then and in any of the said cases and at all times thenceforth the said term of five hundred years or so much thereof as shall remain undisposed of for the purposes aforesaid shall cease determine and be utterly void to all intents and purposes any thing herein contained to the contrary thereof notwithstanding. And Lastly I do hereby nominate constitute and appoint my said dear Wife Frances Carleton and my brother the said Charles Nathaniel Bayly and John Frederick Sigismund Smith to be Executrix and Executors of this my Will hereby revoking all former and other Wills at any time heretofore made and declare this only to be my last Will and Testament. In Witness whereof I have to this my last Will and Testament contained on four sheets of paper set and subscribed my hand and seal as follows to the three first sheets thereof subscribed my hand alone and to this fourth and last sheet subscribed my hand and affixed my seal this fourth day of December in the year of Our Lord One thousand eight hundred and seventeen. Wentworth Bayly. Signed sealed published and declared by the said Testator Wentworth Bayly 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 each other have hereunto set our names as Witnesses thereto, The words "said Wife in case she shall happen to survive me" in the fifteenth line of the first sheet being first obliterated, And the word "Fifteen" in the tenth line of the third sheet being first written on an erazure. Thos. J. Hill - John Niess [?] - R. Davies.

On the 23rd. February 1833 Administration, with the Will annexed, of the Goods Chattels and Credits of Wentworth Bayly formerly of the parish of Saint George in the County of Surry in the Island of Jamaica, but late of Weston Hall in the County of Suffolk Esquire deceased was granted to Leicester Viney Smith Esquire the lawful Uncle and Curator or Guardian lawfully assigned to Wentworth Bayly a Minor the natural lawful and eldest Son and as such interested in the Residue of the Personal Estate and Effects of the said deceased for the use and benefit of the said Minor and until he shall attain the age of twenty one years having been first Sworn duly to Administer, Frances Carleton Bayly Widow the Relict Charles Nathaniel Bayly Esquire the brother and Sir John Frederick Sigismund Smith Knight, formerly John Frederick Sigismund Smith Esquire, as the Executors and the said Charles Nathaniel Bayly and Sir John Frederick Sigismund Smith as the Residuary Legatees In Trust and the said Frances Carleton Bayly as the residuary Legatee for life named in the said Will having respectively renounced as well the Probate and Execution of the said Will as also the Letters of Administration, with the said Will annexed, of the Goods of the said deceased and the said Frances Carleton Bayly as the natural and lawful Mother of the said Minor having renounced the said Curation or Guardianship, as by Acts of Court appears.

On the 6th. [?] July 1847 Adm'on, with the Will annexed, of the Goods Chattels and Credits of Wentworth Bayly formerly of the Parish of Saint George in the County of Surrey in the Island of Jamaica but late of Weston Hall in the County of Suffolk Esquire deceased was granted to Montague Bayly Esquire the lawful Attorney of Wentworth [Bayly] Esquire the natural lawful and eldest Son and as such interested in the Residue of the Personal Estate and Effects of the said deceased for the use and benefit of the said Wentworth Bayly now residing at Secunderabad in the East Indies and until he shall duly apply for and obtain Letters of Adm'on, with the said Will annexed, of the Goods of the said Deceased to be granted to him having been first sworn duly to Administer. Frances Carleton Bayly Widow the Relict Charles Nathaniel Bayly Esquire the Brother and Sir John Frederick Sigismund Smith Knight, formerly John Frederick Sigismund Smith Esquire, as the Executors and the said Charles Nathaniel Bayly Esq and Sir John Frederick Sigismund Smith as the Residuary Legatees In Trust and the said Frances Carleton Bayly as the Residuary Legatee for life named in the said Will having heretofore respectively renounced as well the Probate and Execution of the said Will as also the Letters of Admon, with the said Will annexed, of the Goods of the said Deceased and the said Frances Carleton Bayly as the natural and lawful Mother of the said Wentworth Bayly then a Minor having also heretofore renounced his Curation and Guardianship. And the Letters of Admon, with the said Will annexed, of the Goods of the said Deceased granted in the month of Feby. 1833 to Leicester Viney Smith Esquire the Uncle and Curator or Guardian lawfully appointed to the said Wentworth Bayly, then a Minor, for his use and benefit and until he should attain the age of 21 years having ceased and expired by reason of his having attained that age, as by Acts of Court appears.

On the 21st. March 1866 Admon for the Will granted, of the personal estate and effects of Wentworth Bayly formerly of the Parish of Saint George in the County of Surrey in the Island of Jamaica but late of Weston Hall in the County of Suffolk Esquire deceased who died 27th. December 1831 at Weston Hall aforesaid was granted to Wentworth Bayly Esquire the natural and lawful and eldest Son of the said deceased and as such interested in the Residue of his personal estate and effects he having been first sworn. Frances Carleton Bayly Widow the Relict and Charles Nathaniel Bayly the Brother of the said deceased and Sir John Frederick Sigismund Smith Knight, formerly John Frederick Sigismund Smith Esquire, the Executors named in the said Will having respectively renounced the Probate and execution of the said Will. The said Frances Carleton Bayly being also the Residuary Legatee for life and the said Charles Nathaniel Bayly and Sir John Frederick Sigismund Smith being also the Residuary Legatees in Trust named in the said Will. The Letters of Adm'on, with the said Will annexed, of all and singular the personal estate and effects of the said deceased granted in the month of July 1847 by the Prerogative Court of Canterbury to Montague Bayly Esquire the lawful Attorney of the said Wentworth Bayly Esquire, the Son, then residing at Secunderabad in the East Indies for his use and benefit & until he should duly apply for and obtain Letters of Adm'on, with the said Will annexed, of the personal estate and effects of the said deceased to be granted to him having ceased and expired by reason of his taking upon himself such Administration.