Will of James Affleck 1802

In 1818 a document was sent from Jamaica to London containing a handwritten copy of the will and a record of the process followed in proving it. This is a transcript of the transcript of the will, codicil and two memorandums which were received in London. All words between ^ and ^ were added as superscript in the document.

This is the last Will and Testament of me James Affleck of the parish of Hanover in the County of Cornwall and Island aforesaid Carpenter In the first place it is my Will and desire that all my just Debts and funeral Expences may be fully paid and satisfied as soon after my decease as conveniently may be by my Executors hereinafter named for the payment whereof as well as of the several legacies hereinafter by me given and bequeathed I do hereby authorize direct and empower my said Executors or such of them shall qualify and act under this my will to sell and dispose as well of my personal Estate as of all and every my negro and other Slaves (Except those by me hereinafter Devized, Manumized or otherwise particularly desposed of) for the most money that can be had or gotten for the same And for that purpose to grant and execute all such Deeds and conveyances as may be requisite and necessary for the well and Effectually vesting a title or titles in the purchaser or purchasers of such Slaves And I do hereby give and bequeath unto my nephew Hugh Wilson of the City of London Engraver the Sum of ^One hundred and five pounds currency^ Twenty five pounds sterling money of Great Britain; To my Sister Jane Affleck the sum of Twenty five pounds Sterling money aforesaid But in case of the said Jean Affleck not being alive at the time of my decease then I give and Bequeath the aforesaid sum of Twenty five pounds before bequeathed to her unto such Child or Children as she may leave at the time of my Decease equally to be devided between them (if more than One) share and share alike; I give and bequeath unto my Sisters and Brothers who shall be living at the time of my decease the sum of Two Hundred pounds Sterling money aforesaid to be devided equally among them share and share alike And I do hereby direct and Empower my said Executors or such of them who shall Qualify and Act under this my Will to lay out and expend the sum of One hundred pounds Sterling money aforesaid in repairing, supporting and upholding my House at Hawthornden near Edinburgh in that part of Great Britain called Scotland And I do hereby give and Bequeath unto my Cousin Archimedes Dickson of the parish of Hanover aforesaid Coppersmith the sum of Fifty pounds sterling money aforesaid; unto Juliana Brown the Eldest daughter of William Brown of the said parish of Hanover Esquire the sum of one hundred pounds sterling money aforesaid, unto my God Daughter Ann Pool Campbell the Daughter of Susannah Johnston a free Woman of Colour the like sum of one hundred pound sterling; unto my Housekeeper Elsey Samuells a free person of Colour the sum of Twenty five pounds current money of Jamaica; unto Molly Affleck my reputed Daughter a free person of Colour Twenty five pounds sterling money aforesaid unto my reputed Grand Daughter Mary Spinks the Daugher of the said Molly Affleck the like sum of Twenty five pounds sterling and I do hereby direct and Empower my said Executors to pay unto my reputed Daughter Peachy a Mulatto Slave on Salt Spring Estate Twenty five pounds sterling money aforesaid; and unto my reputed Nephew named Alick a mulatto Man Slave on the said Estate the sum of Twenty five pounds current money aforesaid and I do hereby Manumize Enfranchise sett at liberty and forever Release from all and all manner of Servitude Slavery and Bondage whatsoever my negro woman slave named Nelly and my reputed son named Alexander begotten on the body of the said negro woman slave named Nelly To Hold the said Manumission Enfranchisement and freedom unto and to the said Nelly and Alexander Affleck and the future Issue offsping and increase of the said Nelly and to each of them from henceforth for ever hereafter And I do hereby direct that every expence Attendant on the said Manumission shall be paid and payable out of my Estate by my said Exeutors and in order to make the said Manumission Enfranchisement and freedom firm and valid I do hereby Bequeath unto each of them the said Nelly and Alexander Affleck the sum of five pounds Current money aforesaid to be paid and payable yearly and every year after my decease for and during the natural lives of them the said Nelly and Alexander Affleck And I do hereby also give and Bequeath unto the said Nelly the sum of ^one hundred pounds sterling^ Fifty pounds Currrent money aforesaid and it is my Will and I do hereby direct my said Executors or such of them as shall Qualify and act under this my Will to place out at Interest upon good and sufficient security the sum of Five hundred pounds sterling money aforesaid; the annual interest whereof it is my Will and desire that my said Executors or such of them as shall qualify and act under this my Will do pay and apply for and towards the support Maintenance and Education of my said reputed son Alexander Affleck ^& his sister Sarah^ at their discretion and when my said Executors shall deem it proper it is my Will and desire that they put and place out my said reputed son Alexander Affleck an apprentice to a trade (a Saddler or Taylor to be preferred) and at the end or Expiration of his apprenticeship I do hereby Direct my said Executors to pay unto him the said sum of Five hundred pounds ^one thousand stirling^ to put out to Interest as aforesaid to set him up in the Line of his business but in the event of the death of my said reputed Son Alexander Affleck before he attains his age of Twenty one years, then ^and^ in that case it is my desire that the said sum of five hundred ^one thousand^ pounds ^sterling^ shall sink into and become a part of the Residuum of my Estate ^revert to his sister Sarah Afflect and^ and I do hereby also Give Devise and Bequeath unto the said Elsey Samuells a certain Negro Slave named Phillis together with her future offspring and Increase To Hold the said slave named Phillis with her future offspring and Increase unto the said Elsey Samuells for and during the term of her natural life and from and immediately after her decease the said Slave named Phillis to revert to ^my daughter Sarah Affleck^ and become a part of the residurem of my Estate And I do hereby also give Devise and Bequeath unto the said Molly Affleck a negro Slave named Sally To Hold the said slave unto the said Molly Affleck for her natural life and immediately after her Death the said Slave Sally to revert to ^my daughter Sarah Affleck^ and become a part of the Residuum of my Estate and I do hereby also give Devise and bequeath unto the said Mary Spink a negro Slave named Jessie To Hold the said Slave unto the said Mary Spink for her natural life and from and after the death of the said Mary Spink then the said Slave also to revert to ^my Daughter Sarah Affleck^ andbecome a part of the Residuum of my said Estate And I do hereby also give and Bequeath unto the said Nelly my Negro Slave named Patty her reputed Sister To Hold the said Slave name Patty unto the said Nelly for and during her natural life and from and after her death or in case of her living and cohabiting with a White person then it is my Will that the said Slave Patty shall revert to ^my daughter Sarah Affleck^ and become part of the Residuum of my Estate And I do herby give and Bequeath unto my said Reputed son Alexander Affleck a certain negroe Slave named Sarah together with her Children named Quaco, Monkey, Mars, Affa and Aba to Hold the said Slaves named Sarah, Quaco, Monkey, Mars, Affa and Aba unto the said Alexander Affleck for and during the term of his natural life and from and after his Decease the said Slaves to revert to ^my Daughter Sarah Affleck her^ and become part of the residuum of my Estate and all the rest residuum and remainder of my Estate Real and personal or of what nature or kind soever I give Devise and bequeath the same and every part thereof unto my ^son Alexander Affleck his children lawfully begoten and in case of his Death^ Brothers and Sisters who shall be living at the time of my decease to be equally devided between them ^Alexander & his sister^ share and share alike as Tenants in Common and not as joint Tenants and to their respective heirs Exceutors Administrators and assigns for ever And I do hereby nominate constitute and appoint Dugald Campbell of Salt Spring Esquire the said William Brown and Richard Dickson of the said parish of Hanover Esquire to be Executors of this my Will and Trustees for carrying the same into Execution hereby revoking and making void all former and other wills by me at any time heretofore made I do declare this to be and to contain my last Will and Testament In Witness whereof I have as well for the two preceeding sheets sett my hand as to this third and last sheet my hand and seal this In the year of Our Lord One thousand seven Eight hundred & one & 11th day of Feby Jas Affleck hundred and ninety nine Signed sealed published and Declared by James Affleck the Testator above named as and for his last Will and Testament in the presence of us who at his request in his presence and in the presence of each other have hereunto respectively subscribed our Names as Witnesses
R Cumming
James Howison
John Reid

Codicil

It is my Will and thereby Direct my said Executors or such of them as shall Qualify and act under this my Codicil and Will to place out at Intrest upon good and sufficient security the sume of nine Hundred pounds sterling Money of Great Britain In adition to the sum of Five hundred pounds sterling bequeathed to my son Alexander Affleck in my Will and I do hereby also give Devise and Bequeath unto my Reputed Daughter Sarah Affleck the sum of Eight hundred pounds sterling money of Great Briten and I do desire that all the above sumes be plast out at Intrest the amount of which I desire may be applyd towards theire maintenance and Edication and my Will is in case of the death of my son Alexander Affleck or his Sister then I desire that all theire Legises and negroes may Revert to the survivor of them I give to my daughter Sarah a negro girl named Mimba also a negro Girl named Christumes I give my daughter Sarah all the children that my negro woman named Sarah may have born after the date of this codicil I also give to my daughter Sarah that Negroe woman named Philis after the death of Elsey Samuels I also give to my son Alexander Affleck a Mulato man named Joseph I give to my Cousin William Dickson in the parish of Lasswade near Edinburgh the sum of Twenty five pounds Sterling I give to my Cousin William Murray In the parish of Hanover the sum of Seventy pounds Currency and I do hereby give to my Nephew Hew Willson of the City of London Engraver the sum of Seventy pounds stirling in addition to the Twenty five pounds sterling Given to him in my Will I Desire that all my wearing apprell may be given to my children and houseald furnuter It is my Request that my Executors shall order an arch to be turned over my Grave and that Fifty pounds be paid for the same In Witness whereof I have hereunto set my hand and seal this fifth day of april in the year of our Lord one Thousand Eight Hundred and two In presence of us who subscribed our names in presence of
Jas Affleck   the Testator and of each other
David Innes   Witness
James Brodie   Witness
John Reid   Witness

Memorandum of Legeseys to Sundry Relations

To my Sister Jane Affleck 35 Currency
To Elsey Samuells 25        " & a negro woman named Philis
To Mally Affleck 35        " & a negro woman named Sally
To Mary Spink 35        " & a negro woman named Jassie
To Pechie Affleck 35        "
To my cousin Wm Murray 70        "
To Molata Allik Salt Spring 25        "
To Juliana Brown 140      "
To my God Daughter an Pull Campbell 140      "
To my negro named Nelly 140      " & a negro woman named Patty
To my Brothers & Sisters 280      "
To Repairing my Houses 280      "
To my Daughter Sarah Affleck 1000    " & two negroes one named Mimba the other named Christmas
To my Nephew Hew Willson 105      "
To my Cousin Wm Dickson in Laswade Parish 35        "
To my son Alexander Affleck £1260 1400
         --------
        £3780 Currency

Memorandum of Legeseys Left by James Affleck

To my Sister Jane Affleck 35  Currency
To my Sisters & Brothers 280      "
To Repairing Houses 140      "
To Julina Brown 140      "
To an Pull Campbell 140      "
To Elsy Samuels 25        " and a negro woman named Philis
To Molly Affleck 35        " & a negro woman named Sally
To Mary Spink 35        " & a negro woman named Jassie
To Pechey Affleck 35        "
To Molato Alik Saltsg 25        "
To Nelly 50        " & a negro woman named Pattey
To Wm Murray 70        "
To William Dickson 35        "
To my Son Alex Affleck In my Will 700      "
To ditto In the Codicil 1260    "
To my daughter Sarah Affleck 1120    " two negroes one named Mimba the other named Christmes
To Hew Willson in Will 35        "
ditto in Codicil 70        "
--------
£4230

Transcribed by Janice Ferris from document at TNA ref: C107/156