Transcribed by Bryan Wade (11/2010)
Will notes & comments:
- This is a fascinating document! This was drawn up just five weeks before he died 16Nov 1898. While we learned from other documents that William was a judicial magistrate, he describes himself still as a 'penkeeper' and that he was at his eldest son's property "Richmond Villa".
- XXXXXX = could not decipher word or signature.
- There is no middle name mentioned for William Cover. Most other people have middle names mentioned in their Will. Does this indicate NO middle name?
- Sisters mentioned are those already known. Confirmation of Hilda’s middle name.
- Children not named in birth order?? Perhaps they are! This places Basil as the ‘baby of the family’ but have been unable to find documentation of the birth dates of Hilda, Basil & Lawrence.
- Witness to Codicil Clifford Erasmus Johnson – related to Ella??
- Remember, even the oldest child, Maud was just about 18 in 1898, or perhaps only 17, the youngest, Lawrence, was only 2 years old
The Last Will and Testament of William Cover, Junior
This is the Last Will and Testament of me William Cover Junior, of Hopewell Pen in the Parish of Saint Ann in this Island, Penkeeper and Merchant,
I appoint my wife Ella Jane Cover sole executrix and Trustee of this my Will and guardian of my infant children: I direct payment of all my just debts and funeral and testamentary expenses. I hereby authorize my said Trustee to carry on for such a period as she shall think fit the trade or business or businesses of a merchant and general trader now carried on by me at St Ann`s Bay in the parish of St Ann with the several branches or branch establishments wheresoever the same may be carried on by me in connection therewith And to employ therein all the capital which at the time of my death shall be employed therein and much additional capital as she may think fit necessary or expedient to advance out of my general estate With power for my said Trustee to manage the same in all respects at her uncontrolled discretion. (But it is my desire that the same shall be carried on with the help and under the guidance of the present manager under my said Trustee shall in her discretion see fit of desirable to decide otherwise). And to employ from time to time such managers clerks servants or agents at such salaries or remuneration as she shall think fit and to delegate to any such managers or any other persons or persons all or any of the powers and authorities given to or vested in her in relation to the said trade business or businesses. And general to conduct and carry on the same in all respects as if she were absolutely the owner thereof . And I declare that my said Trustee shall not be liable for any losses costs charges expenses claims or demands occurring in respect of the said made business or businesses but shall be fully indemnified therefrom out of my general estate. And I declare that all profits and
Interest that may accrue to my estate from the carrying on of the said business and from the employment therein of my personal estate or any part thereof or of my capital or of any part of my general estate or advanced as aforesaid shall be added to and considered and applied as part of my residuary estate: I give and bequesth to my sister Louisa Royes, Mary Ann Ingram, Sarah Ingram, Ella Helwig and Eva Malet the sum of twenty pounds each: And regards all those the four policies of Assurance on my life held by me one in The Royal Assurance Company for the sum of Five hundred pounds [£500] another in The London Assurance Company for the sum of Five hundred pounds [£500] another in the Jamaica Mutual Life Assurance Company for the sum of One thousand pounds [£1000] and another in The Standard Life Assurance Company for the sum of One thousand pounds [£1000]. I give devise and bequeath the proceeds thereof after payment from out of the proceeds of such of them as shall or maybe charged for the payment of any sum or sums of money of the amount due thereunder respectively unto my said Executrix and Trustee upon the same trusts as are hereinafter declared of and concerning my residuary estate: And as the rest residue and remainder of my estate of whatsoever kind or description and wheresoever situate I give devise and bequeath the same unto and to the use of my Executrix and Trustee hereinbefore named in trust during the lifetime to receive and take the rents issues and income of the same or any investments thereof respectively but so that she shall not have any power to anticipate the same during any future XXXXXX subject nevertheless to the obligation of my said Wife suitable and adequately to maintain and educate all and every my children and child until they he or she shall attain the age of Eighteen Years in such proportions and manner as she shall in her discretion think proper. And
from and after the death of my said Executrix and Trustee I declare that my said estate shall go to and be divided amongst my children named Maud Anderson Cover, Howard Cathcart Cover, Gilbert Grace Cover, Mabel Willis Cover, Hilda Mary Cover, Donald Johnson Cover, Lawrence William Cover and Basil Godfrey Cover and any other child or children of mine to be begotten on the body of my said Wife absolutely share and share alike as tenants I common Provided always and I declare that it shall be lawful for my said Trustee in her discretion in addition in the powers for maintenance and education vested in her to apply any part of the capital of the said trust fund or so much thereof as she shall deem sufficient in for or towards the preferment or further advancement of any of my said children as and when he or she shall attain the age of Eighteen Years. And I declare that my said Executrix and Trustee shall have full power to carry and transfer from time to time in her absolute discretion the investments of my said estate. In Witness, Whereof I have to this my Last Will and Testament set my hand this Fifth day of October in the Year of Our Lord, One Thousand Eight Hundred and Ninety Eight.
(Signature of Wm Cover Jr.)
Signed by the said Testator in the presence of us both present at the name here who at his request in his presence and in the presence of each other have herewunto subscribed our names as witnesses
(Signature) Brown’s Town xxxxxx
(Signature) Brown’s Town Clerk
This is the Last Will and Testament of William Cover, Junior, deceased, referred to in the annexed Affidavit of James Alexander Dickenson sworn to the 20 day of November, 1898
(Witness Signature) St. Ann (signature of J.A. Dickenson)
This is the paper writing containing the Last Will and Testament of William Cover, Junior, deceased, referred to in the annexed Oath of Ella Jane Cover sworn on the 24th day of November, 1898
(Unknown witness Signature) St. Ann (signature of E. J. Cover)
Codicil to the Will of
William Cover, Junior
Dated the 5th day of October, 1898
This is a Codicil to the Will of me, William Cover Junior, of Hopewell Pen in the Parish of Saint Ann in this Island, Penkeeper and Merchant, Which bears date the Fifth day of October, One thousand eight hundred and ninety-eight. Whereas the land upon which the premises called or known as “Richmond Villa” situate lying and being in the town of Brown’s Town in the Parish of Saint Ann in this Island is belonging to my son Howard Cathcart Cover being a gift to him the said Howard Cathcart Cover from Adam Weir Anderson. And Whereas also I am desirous of appointing my friend Robert Shaker Turton of the Parish of Saint Ann in this Island Medical Practitioner, a Trustee and Executor of my said Will in addition to my Wife Ella Jane Cover the Executrix and Trustee therein named. Now I hereby give and bequeath unto my son the said Howard Cathcart Cover the sum of Nine Hundred and Fifty Pounds to be paid to him by my Executrix and Trustee in addition to and irrespective of his beneficial interests under the trusts of my said Will. And I also hereby appoint my friend the said Robert Shaker Turton to be a Trustee and Executor of my said Will in addition to my Wife the said Ella Jane Cover the Trustee and Executrix named therein. And I hereby devise and bequeath all the real and personal estate by my said Will devised and bequeathed to the said Ella Jane Cover and Robert Shaker Turton and to the use of the said Ella Jane Cover and Robert Shaker Turton, their heirs executors administrators and assigns. Upon the trusts for the purposes and with and subject to the power and provisions in and by my said Will
expressed and contained concerning the same respectively. And I declare that my said Will shall be read and construed in the same manner and shall have the same operation and affect in all respects as if the said Robert Shaker Turton had been originally named and appointed as Trustee and Executor thereof together with and in addition to the said Ella Jane Cover eccepting only that the said Robert Shaker Turton shall not take or have any beneficial interest under the trust of my said Will. And in all other respects I confirm my said Will. In Witness Whereof I have hereunto set my hand this First day of November, One Thousand Eight hundred and Ninety Eight.
(Signature of Wm Cover Jr.)
Signed by the said William Cover, Junior in the presence of us both present at the same time who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses.
(Witness signature of Clifford Erasmus Johnson)
(Witness signature of Rhoda Elizabeth Miller)
(looks like both witnesses signed with first & middle initials which were crossed out and full first & middle names entered)
This is the Codicil to the Last Will and Testament of William Cover Junior, deceased, referred to in the annexed affidavit of Clifford Erasmus Johnson, sworn to this 16 day of Nov. 1898
(Unknown witness Signature) (Signature of C.E. Johnson)
This is the paper writing containing the Codicil to the Last Will and Testament of William Cover Junior, deceased, referred to in the annexed Oath of Ella Jane Cover, sworn to this 24th day of November 1898
(Unknown witness Signature) (Signature of E.J. Cover)