James Syms

This will was transcribed by Bill and Sharon Clayton, Patricia Jackson and Robert Sims.

1.Jamaica SS George the fourth by the Grace of God of the United
2. Kingdom of Great Britain and Ireland King and of Jamaica Lord
3. Defender of the faith to our trusty and well beloved George Ogilvie and
4. George Sime Esquire know ye that we have constituted, authorized, and
5. appointed and by these presents do constitute authorize and appoint ye or
6. either of ye to administer an oath unto William Thomas or any
7. other that are witnesses and now make oath of the Signing Sealing
8. publishing and declaring of the last will and Testament of James
9. Syms late of the Parish of Saint Ann Esquire deceased and
10. thereof you or either of you are to make a due return under your
11. or either of your hands and seals unto our Captain General and
12. Governor in Chief of our said Island or to the Governor in Chief
13. of the same for the time being with this power annexed so
14. that such proceedings may be ordered therein as may be fit
15. according to Law - Witness his Grace William Duke of
16. Manchester Captain General and Governor in Chief of our said
17. Island at Saint Jago de la Vega the 1st day of March annoque Domini
18. 1821 and in 2d year of our Reign - Manchester - passed 19. the Secretarys office - W Ballot Secretary - Jamaica SS the execution
20. of the within dedimus potestatem appears by the Will and probate
21.
22. here unto annexed - given under my hand and Seal this 19th
23. day of March 1821. Geo Ogilvey (SS)
24. [Blank line]
25. In the name of God Amen
26. I James Syms late of the Parish of Saint Ann in the
27. County of Middlesex and Island of Jamaica but now on board
28. ship on my passage out to the said island Esquire do make this
29. my last Will and Testament in manner following that is to say
30. first I give devise and bequeath unto my truly and justly beloved
31. wife Jane a negro woman named Cleona with her issue
32. and increase to my said wife and her heirs for ever Item I also
33. give devise and bequeath unto my said Wife Jane the place lately
34. purchased from the heirs of Seville Estate with her choice of their
35. house servants to hold the said Land and house servants during the
36. natural life of my said wife and afterwards to revert to and become
37. part of my Estate Item I give and bequeath unto my two Sisters Jane
38. [End of page 186. Top of page 187.]
39. Kerr and Mariann Dunlop both of the parish of Stewarton in the
40. County of Ayr North Britain fifteen pounds Sterling each with lawful
41. Interest till paid the first payment to commence within twelve
42. months after my demise and to continue during their natural lives
43. respectively Item all the rest residue and remainder of my Estate
44. Real Personal or mixed either in Jamaica or elsewhere I give
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1. devise and bequeath unto my two daughters Margaret and
2. Eliza Mary Syms to be equally divided between them as Tenants
3. in Common and not as joint tenants to hold my said Estate
4. real and personal to my said two daughters Margaret and
5. Eliza Mary and their heirs for ever Item Whereas I am possessed
6. of a large extent of Land in the said Island of Jamaica the
7. greater part of which is in wood and in an un productive Estate
8. therefore I do hereby empower and authorize my Executrix and
9. Executors hereinafter named and the survivors or survivor of
10. them to sell and dispose of to the best advantage all or any part of
11. my Land in the said Island of Jamaica excepting my penn
12. or plantation called Arabia Felix and the place I purchased
13. from the heirs of Seville Estate hereinbefore mentioned both in
14. the aforesaid parish of Saint Ann and the monies arising from
15. such Sale or Sales to be applied to the use of my said two daughters
16. as hereinbefore directed Item but in case of the death of both my
17. said daughters without lawful issue before they shall have attained
18. the age of twenty one or without making any legal conveyance or
19. other disposition of my said Estate hereinbefore bequeathed then and in
20. that case I hereby give devise and bequeath the said Estate Real
21. and personal or mixed to my said wife Jane for and during her
22. natural life and after her demise to my two Sisters Jane and
23. Marianne before mentioned and their heirs for ever and lastly
24. I do hereby nominate constitute and appoint my said wife
25. Jane to be Executrix and my much esteemed Friends Robert
26. McCline of the City of Cork in Ireland Adam Anderson Senior
27. and Thomas Winder both of the aforesaid parish of Saint Ann
28. Esquires and my kinsman Ian Pollott of the city of
29. Kingston in the said Island of Jamaica to be Executors of this my last Will
30. and Testament and together with my said wife Jane Guardians
31. of the persons and Estates of my said daughters hereby revoking all
32. other Wills by me at any time heretofore made. In Witness
33. whereof I have to this my last will and testament and a duplicate
34. thereof set my hand & affixed my Seal this the seventeenth day
35. of November in the year of our Lord one thousand eight
36. hundred and ten - James Syms (SS) Signed sealed published and
37. declared by the Testator as and for his last Will and Testament in the
38. presence of us who in his presence and in the presence of each other
39. at his request subscribed our names as witnesses hereto - Wm Thomas
40. J R Bowen, John Oriel
41. [Blank Line]
42. JAMAICA SS in obedience to the dedimus potestatem
43. hereunto annexed I have administered an oath unto William
44. Thomas who being duly sworn on the Holy Evangelists
45. deposeth and saith that he was present and did see James Syms
46. the Testator in the annexed testament of writing named being
    
    1. at that time of sound and disposing mind memory and understanding
    2. sign Seal publish and declare the same as and for his last Will
    3. and Testament and at the same time J R Bowen and John
       94….Oriel were also present and together with him subscribed their names

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1. as witnesses to the same in the presence of the said Testator and
2. further that he knows nothing of any Will since made by the
3. said Testator that can tend to the disadvantage of the Will hereunto
4. annexed - given under my hand and Seal this 19th day of March

5. annoque Domini 1821 -  Geo Ogilvy (SS) vera copia exten. - J W Bullock  
   

   1. [blank line ]

   2. On the 28th day of Sept 1821 admon [administration] with the will annexed of all

   3. & singular the Goods Chattels and Credits of James Syms late of the
   4. parish of Saint Ann in the County of Middlesex & the Island of Jamaica
   5. Esq. was granted to James Higgin the lawful attorney of
   6. Jane Syms Widow the Relict & one of the surviving Exors [executors] named
   7. in the said Will being first sworn duly to admr [administer] for the good and
   8. benefit of the said James Syms now residing in the Island of
   9. Jamaica aforesaid Robert McCline the other surviving Exor
   10. named in the said Will having first renounced the probate &
   11. Exon [Execution] thereof as by Acts of Court appear
   12. Examd SW Hawkins Examiner