Transcript of the Will of Alger Pestell of St Catherine, Jamaica.
Will dated 27th June 1732 Proven 6th February 1732/3
In the Name of God amen I Alger Pestell of the Parish of St Catherines in the said Island of Jamaica Esquire being of sound mind and memory, but calling to mind the uncertainty (of) thereof make and ordain this my last will and Testament in manner and form following (that is to say) Imprimis I bequeath my soul to the hands of Almighty God who gave it, hoping for Salvation through the merits of my blessed Lord and Saviour Jesus Christ and my Body to the Earth to be decently interr'd at the discretion of my Executor herein after named. First I order and desire all my just debts be fully paid and satisfied. Item I give and bequeath to my loving unkle Walter Pestell of London Jeweller and Mary his wife five pounds sterling money of Great Britain per annum to each during their and each of their natural lives respectively without any deduction whatever, the first payment to begin six months after my decease Item I give and bequeath to my Cozen Sarah Pestell now residing with me the sum of forty pounds current money of this Island to buy her mourning and to be paid to her within three months after my Decease Item I give and bequeath to my loving friend Andrew Arcedeckne of the Parish of St Catherine Esq. thirty pounds current money of Jamaica to buy him mourning and also a ring of forty shillings value to be paid and delivered him within three months after my decease Item I give devise and bequeath unto my said loving Cozen Sarah Pestell daughter of my unkle Thomas Pestell of Ravenstone in the County of Derby in the Kingdom of Great Britain Clerke Two hundred pounds sterling money of Great Britain to be paid to her within two years after my decease if she shall so long live without any deduction whatever and if she shall desire to return to Great Britain within six months after my decease then I hereby order and direct her passage and accommodation to be paid for out of my Estate not exceeding thirty pounds current money of Jamaica Item I give to my Godson George Harding now an apprentice to James Scott of Kingston merchant twenty five pounds current money of Jamaica to be laid out by my Executrix or Executors in a negro and delivered to him when he shall have honestly and faithfully served out his apprenticeship and not otherwise any thing seeming to the contrary notwithstanding Item I give to my dearly beloved wife Jane Pestell three hundred pounds current money of Jamaica yearly and every year during her natural life in lieu and full satisfaction of her dower to be raised and paid out of my whole Estate both real and personal
Item I give and bequeath to my dearly beloved wife Jane Pestell the use of the house I now dwell in the Town of St Iago de la Vega, to be finished and all out houses built at the charge of my Estate, with the appurtenances thereto belonging with the use of all my household goods and plate therein used chariot and four of my coach horses such as (she) shall chose and likewise the use of the seven following negroes viz Dick, Rachel, Barnabey, (Oronoco) and mulatta alias Maria and her increase, to her my said wife to have the use of the said household goods, plate, chariot, horses and slaves aforesaid for and during the time and term of her remaining and continuing my widow and no longer any thing herein before seeming to the contrary in my (will) notwithstanding Item I give and bequeath to my dearly beloved daughter Sarah Pestell the sum of four thousand pounds current money of Jamaica to be paid out of the annual rents and profits of my whole Estate real and personal to her my said daughter Sarah at her age of Eighteen years or day of marriage which shall first happen Item I give devise and bequeath to my said daughter Sarah Pestell my Negro named Harry now apprentice to Benj. Astell in Spanish Town joyner and I do hereby order and impower my Executrix or Executors as soon after my decease as she or they shall think proper and convenient to buy and purchase two negro men boys the one to be brought up a cook the other a coachman and three likely young negro girls two of which to be brought up seamstresses the other a washer, all which said negroes I will be delivered my said daughter Sarah Pestell when she shall attain to her said age of Eighteen years or be marryed. To Hold to her my said daughter during the term of her natural life the remainder to my wife Jane Pestell and her heirs for and during the life of my said daughter Sarah Pestell lawfully begotten the remainder to my dearly beloved daughter Susanna Pestell for and during her natural life the remainder to my wife Jane Pestell and her heirs during the life of my said daughter Susanna Pestell the remainder to the heirs of the body of my said daughter Susanna Pestell lawfully begotten the remainder to such child as my wife shall be ensient or with child with at the time of my decease for and during the natural life of such child the remainder to my wife Jane Pestell and her heirs for and during the life of such child as she shall be ensient or with child with at the time of my decease the remainder to the heirs of the body of such child lawfully begotten the remainder to my dearly beloved wife Jane Pestell for and during the term of her natural life, the remainder to my cozen Sarah Wright the daughter of my aunt Mary Halestrap late of Hunsdon in the County of Hertford widow deceased to my cozen Sarah Pestell aforesaid to my kinsman Hanbury Saunders Pestell son of my coz. Thomas Pestell late of the parish of St Dorothy's Esq. deceased and to my kinsmen Thomas Pestell and William Pestell sons of my cousin Thomas Pestell now of London jeweller and to the heirs of their bodys lawfully begotten to be equally divided and for want of such heirs then to my own right heirs for ever Item I order and direct and it is my will and meaning that my said daughter Sarah Pestell shall not receive any interest on her legacy of four thousand pounds by me to her herein before given until she shall arrive at the age of Eighteen years, but in lieu and satisfaction thereof I do hereby order and direct that she be paid and allowed out of my Estate the sum of seventy pounds current money of Jamaica yearly and every year until her age of twelve years and from and thenceforth that she be paid the sum of one hundred and fifty pounds current money of Jamaica yearly and every year until her age of Eighteen years aforesaid towards her maintenance and education Item in case my wife should happen to be ensient or with child of a female child at the time of my death then I give and bequeath to each female child the sum of three thousand pounds current money of Jamaica to be paid to her at the age of Eighteen years if she shall so long live and not otherwise, And I order and direct that the same be paid without interest until that time but in lieu and satisfaction thereof she be paid and allowed the sum of sixty pounds per annum until her age of seven years and from thenceforth that she be paid the sum of one hundred pounds current money of Jamaica yearly and every year until her age of Eighteen years as aforesaid Item I give and bequeath to such female child and I do hereby order and direct any Executrix or Executors to buy and purchase for one negro man boy to be brought up as a cook, one negro girl to be brought up a washer and another negro girl to be taught needle work which said negroes I order to be bought out of my Estate and delivered to each female child at her age of Eighteen years aforesaid to hold to her and her heirs for ever Item after the death of my dear wife Jane Pestell or her being marryed to a second husband I give to my dearly beloved daughter Susanna Pestell these following slaves (viz) Dido and Mulatta alias Marcia with their present and future increase, I do also give and bequeath to my said dearly beloved daughter Susanna Pestell my house, store house, and out houses thereto belonging in the Town and Parish of Kingston leas'd by me to James Lynch deceased and these following slaves (viz) Jemmy a Bricklayer, Selby, Rachells Cudgoe a man, Oronoco a boy, Bess a seamstress with her future increase, Nancy and Lucy alias Phibbah two girls all which slaves and houses aforesaid I give and bequeath to my said daughter Susanna Pestell at her age of Eighteen years To Hold to her my said daughter Susanna Pestell for and during the time and term of her natural life the remainder to my wife Jane Pestell and her heirs for and during the life of my said daughter Susanna Pestell the remainder to the heirs of the body of my said daughter Sarah Pestell lawfully begotten the remainder to such child as my wife be ensient or with child with at the time of my decease for and during the natural life of such child the remainder to my wife Jane Pestell and her heirs during the life of such child as she may be enseint or with child with at the time of my decease, the remainder to the heirs of the body of such child lawfully begotten the remainder to my dearly beloved wife Jane Pestell for and during her natural life, the remainder to my said cozens Sarah Wright, Sarah Pestell, Hanbury Saunders Pestell, Thomas Pestell and William Pestell and to the heirs of their bodys lawfully begotten to be equally divided between them, and for want of such heirs then to my own right heirs for ever Item In case my wife should happen to be ensient or with child of a male child at the time of my decease then I give and bequeath to my dearly beloved daughter Susanna Pestell the sum of four thousand pounds current money of Jamaica out of my whole Estate both real and personal to be paid to her at her age of Eighteen years without interest to that time in lieu and satisfaction thereof I order and direct that she be paid the sum of one hundred and thirty pounds sterling money of England, or one hundred and eighty two pounds current money of Jamaica yearly and every year until she obtain her said age of Eighteen years for and towards her maintenance and education Item I hereby order and direct that all my lands in the parishes of Vere, St (John - crossed out) Ann and St Mary in this Island be sold as soon as possible after my decease for the most they will yield, and I do hereby fully impower my Executrix or Executors or the survivor or survivors of them to make and execute any deed or deeds for such sale accordingly for that purpose to any person or persons whatsoever and the money arising by sale of any (lands - crossed out) of any lands in all or either of the parishes aforesaid I Desire and order shall be applied towards paying my debts or my daughters legacy aforesaid as she or they shall judge most proper and convenient Item In case my wife Jane Pestell happen to be ensient or with child of a male child at the time of my decease then and in such case I give and bequeath unto such male child all the rest residue and remainder of all my whole Estate both real and personal whatsoever and wheresoever for and during the natural life of such male child as my wife may be ensient or with child with at the time of my decease, the remainder to my wife Jane Pestell and her heirs for and during the life of such male child as she shall happen to be ensient or with child with at the time of my decease the remainder to the heirs of the body of such male child as my wife may be ensient or with child with at the time of my decease lawfully begotten the remainder to my dearly beloved daughter Susanna Pestell for and during her natural life, the remainder to my wife Jane Pestell and her heirs for and during the life of my said daughter Susanna Pestell, the remainder to the heirs of the body of my said daughter Susanna Pestell lawfully begotten the remainder to my dearly beloved daughter Sarah Pestell for and during her natural life the remainder to my wife Jane Pestell and her heirs of the body of my said daughter Sarah Pestell lawfully begotten the remainder to my dearly beloved wife Jane Pestell for and during her natural life the remainder to my said cozens Sarah Wright, Sarah Pestell and to my said kinsmen Hanbury Saunders Pestell, Thomas Pestell and William Pestell aforesaid and to the heirs of their bodys respectively lawfully begotten to be equally divided and for want of such heirs then to my own right heirs foe ever Item In case my wife Jane Pestell should happen to be ensient or with child of a female child at the time of my decease then and in such case I give and bequeath all the rest residue and remaining part of my whole Estate reall and personall whatsoever and wheresoever given as before to such male child as my wife may be ensient or with child with at the time of my decease, to my said dearly beloved daughter Susanna Pestell for and during her natural life the remainder to my wife Jane Pestell and her heirs for and during the life of my said daughter Susanna Pestell the remainder to the heirs of the body of my said daughter Susanna Pestell lawfully begotten, the remainder to my dearly beloved daughter Sarah Pestell for and during her natural life the remainder to my wife Jane Pestell and her heirs during the life of my said daughter Sarah Pestell the remainder to the heirs of the body of my said daughter Sarah Pestell lawfully begotten the remainder to such female child as my wife may happen to be ensient or with child with at the time of my decease for and during the natural life of such female child the remainder to my wife Jane Pestell and her heirs for and during the life of such female child as she shall be ensient or with child with at the time of my decease, the remainder to the heirs of the body of such female child as my said wife Jane Pestell shall be ensient or with child with at the time of my decease lawfully begotten the remainder to my dearly beloved wife Jane Pestell for and during her natural life the remainder to my said cozens Sarah Wright, Sarah Pestell and to my said kinsmen Hanbury Saunders Pestell, Thomas Pestell and William Pestell aforesaid and to the heirs of their bodys respectively lawfully begotten to be equally divided and for want of such heirs then to my own right heirs for ever Provided always and it is my will and meaning that in case my said Estate shall come to such male child(ren) - crossed out) as my wife Jane Pestell shall be ensient or with child with at the time of my decease or to my daughter Susanna Pestell or my daughter Sarah Pestell or to such female child as my wife Jane Pestell shall happen to be ensient or with child with at the time of my decease in manner aforesaid that they may at their will and pleasure and I do hereby impower them respectively to mortgage charge or otherwise incumber my said Estate or any part thereof with competent Portions or Fortunes for their younger children respectively and not otherwise any thing in this my will to the contrary in any wise notwithstanding
Item I do hereby authorize and impower my Executrix or those who shall take upon them the burthen and execution of this my last will and Testament to pay such of my just debts as they shall believe to be rally and bona fide due from me without suit I law or equity she or they first satisfying themselves of the justness thereof by the oath or oaths of the part or partys demanding the same to be taken before a justice of the Peace Item In case of my death without issue lawfully begotten or that my said daughters Susanna Pestell, Sarah Pestell and such male or female child as my said wife Jane Pestell shall be ensient with at the time of my decease happen to dye without issue of their bodys respectively so that my said Estate come to my said wife during her life as aforesaid and she should not agree or have differences with Andrew Arcedeckne Esq. for touching or concerning the Plantation between us at Plaintain Garden River in the Parish of St Thomas in the East then & in such case it is my will and I do hereby bequeath that my moyety or half part of all the lands that shall belong thereto with all the negroes and other slaves, horses, mares, mules, cattle and all plantation utensils whatsoever be immediately sold to the said Andrew Arcedeckne, if living, and his heirs he paying for the same whatever it shall be valued and appraised at by two or thrice honest men under their hands and seals to be indifferently elected and chosen for that purpose and the money arising from such sale to go and descend in such manner as the said Estate is herein before given by me and made payable thereout and in case of the death of the said Andrew Arcedeckne so that his part of the said Plantation with the lands, slaves, cattle, horses, mares, mules and Plantation utensils thereunto belonging are to be sold and the same can be purchased in the same manner and upon the said terms as I have hereby directed mine to be disposed of Then and in such case if I have any issue of my body lawfully begotten living and not otherwise, I do impower my Executrix or Executors or the survivor of them to purchase the same out of the produce of my Estate or to borrow or take up money at interest upon mortgage or otherwise for that purpose and the same so purchased to be settled and descend to and in the same manner and form and to the same uses as the rest of my Estate real and personal herein before by me given and bequeathed, shall goe and descend, and in case I shall have issue of my body lawfully begotten living (and not otherwise) I do hereby enable and impower my Executrix or Executors or the survivor of them to carry on and improve the said Estate by purchasing of slaves, land, mules cattle or what else is useful and as to them shall seem convenient and whatsoever shall be by them so purchased shall go and descend in the same manner and form and to the same uses as the rest of my Estate real and personal herein before by me given and bequeathed shall goe and descend Item In case of my death without issue of my body lawfully begotten and of my wife's death whereby my Estate come to my said cozens and kinsmen in manner aforesaid it is my will and pleasure and I doe hereby order and direct that all my Estate real and personal and mixed in this Island shall as soon as conveniently may be, be sold and disposed of by my Executors or the survivors of them herein after named to the best bidder or bidders and for the most that can be got for it and the money arising by the sale thereof or any part thereof remitt to Great Britain or Ireland by good Bills of Exchange or heavy money (ordering it to be insured) and laid out there in the purchase of land to the use of my said cozens Sarah Wright, Sarah Pestell and my kinsmen Hanbury Saunders Pestell, Thomas Pestell amd William Pestell herein before last mentioned which land so purchased it is my will and pleasure shall go and descend to them in the same manner as my Estate in Jamaica herein before given them
Item I do give and bequeath to my dearly beloved daughter Susanna Pestell such part of my plate as my Executrix or Exors. shall think proper not exceeding one third part of what I shall dye possessed of upon her day of marriage the rest of all my plate, jewels and household goods (after the death of my dear wife Jane Pestell or marriage to a second husband) to my said daughters Susannah Pestell and Sarah Pestell equally to be equally divided between them. Item I doe hereby nominate constitute and appoint my dear and loving wife Jane Pestell Executrix of this my last will and Testament and guardian to any said children as aforesaid during her continuing my widow and no longer, But if my wife should refuse to act or dye (being my widow or marry again) Then I do hereby nominate constitute and appoint my loving friend Andrew Arcedeckne Esq and Richard Halhed gent both of the parish of St Catherines and Edward Pratter of the Parish of Kingston Esquire to be Executors and guardians of this my last will and testament but in case either of them should dye I doe hereby nominate and appoint my good friend Edmond Hide of the Parish of Kingston Esquire Execut. And guardian in the (room) of him so dying as aforesaid
Item I do hereby revoke annul and make void all former and other wills Testaments and codicils and publish and declare this only to be my last will and Testament In witness whereof I the before mentioned Alger Pestell have hereunto sett my hand and seal this twenty seventh day of June in the year of our Lord God one thousand and seven hundred and thirty two.
Alger Pestell (Sd)
Signed sealed published and declared by the above mentioned
Alger Pestell being of perfect and sound mind and memory to
be his last will and Testament in the presence of us whose
names are here undr. written as witnesses thereto, and sub-
scribed in the presence of the said Testator, the several razeings
and interlineations being first made
Haughton James
Ja. Galbraith (1733)
Jos. Millward
Memd. This 6th day of February 1732 Personally came and appeared before me Haughton James Esq. and made oath upon the Holy Evangelists that he was present and did see Alger Pestell Esq, the Testator within mentioned being then of sound mind and memory sign seal publish and declare the within written instrument to be his last will and Testament and that at the same time James Galbraith and Joseph Millward were also present and together with him subscribed their names as witnesses to the same in the presence of the said Testator and further that he knows nothing of any other will since made by the said Testator which may tend to the disadvantage of the will within written
Ro: Hunter.
Extur (Alr & J Gimet)
Notes;
All the above is transcribed from a document in the Island Record Office of Jamaica. Record No.RGO/Sp Tw Liber 18 Fol.220. That record was itself probably transcribed into the Court records from the original will.
Saint Iago de la Vega, now known as Spanish Town, was the main town and seat of Government of Jamaica before Kingston became the capital.
Thomas Pestell and Hanbury Saunders Pestell, Alger's cousins, were also plantation owners who died in Jamaica as their own wills indicate. Sarah Pestell, another of Alger's cousins, eventually returned to England and lived in Islington, London before returning to the family home at Ravenstone, Derbyshire where she is buried.
Andrew Arcedeckne was Alger's partner in their plantation. Both men are mentioned as being members of the governing council of Jamaica.
Kenneth Pestell 2012.
