and his son, George Goodin Barrett, also deceased, respecting their several estates and other property in the island of Jamaica. Edward Barrett the father, being seised of several estates in that island, of which one was called Oxford and another Cambridge, by indenture of lease dated 1st June 1789, demised the Oxford estate to his son, George Goodin Barrett, and Job Dale, for a term of eight years; and the lessees covenanted to erect on the demised estate, works and buildings for making sugar and rum, and to plant and cultivate the estate as a sugar plantation; and they further covenanted "that they would at the end of the term sell, convey, and assign to the said Edward Barrett, his heirs and assigns for ever, all the slaves, mules, and working cattle belonging to the said lessees, and belonging to the said Oxford estate, the same to be valued and appraised by two respectable planters, men of integrity and of competent skill and judgment, one to be chosen by the said lessor, his heirs, executors, or administrators, and the other by the lessees, their executors, administrators, or assigns; and if it should so happen that any dispute or difference should arise from such valuation, that then the said appraisers should be at full liberty to nominate an umpire, whose award should be final and conclusive;" and Edward Barrett, the lessor, covenanted to pay the amount of the appraisement to the lessces by four equal yearly instalments, and George Goodin Barrett and Job Dale covenanted to convey the slaves, mules, and working cattle to Edward Barrett, for such consideration whatever the amount of the appraisement might be. The lessees, George Goodin Barrett and Job Dale, established the Oxford estate as a sugar plantation, 1837. PALMER v. BARRETT. 1837. PALMER v. BARRETT. and continued to cultivate it until the death of Job Dale in August 1795, when George Goodin Barrett, the surviving lessee, carried on the cultivation of the estate alone until his death in October 1795. Before the expiration of the term, George Goodin Barrett, by his will duly attested and executed for the passing real estates, after charging all his estates both real and personal with the payment of his debts, devised to his father, Edward Barrett, and others named therein, all his estates, real, personal, and mixed, in Jamaica and elsewhere, in trust to and for the several uses thereinafter declared concerning the same; and amongst other things declared, that in case his father should reimburse his, the testator's estate, for the money laid out by him in improvements in Lancaster penn, in Trelawny, belonging to the testator, then he bequeathed the said penn and penn lands to his father, Edward Barrett, his heirs and assigns, for ever. And after reciting that he had purchased several parcels of land in the parish of Trelawny, which were then appropriated for pasture lands for the use of the Oxford estate, he willed, that in case his father Edward Barrett, within twelve months after his decease, should think proper to purchase the said several parcels of land and premises at a fair valuation, then he authorized his trustees to sell and convey the said lands and premises to his father Edward Barrett, his heirs and assigns; and after disposing of the residue of his estate, he appointed his father Edward Barrett, and his brother Samuel Barrett, executors of his will. Samuel Barrett, the testator's brother, died on the 7th of December 1794, in the testator's lifetime, and on the 10th of May 1795, George Goodin Barrett executed a codicil, and, amongst other things, revoked the residuary clause of his Will, and gave the residue to his trustees, in trust, for the sole use and benefit of the four sons of his brother Samuel Barrett, by Mrs. Elizabeth Barrett Williams, and the issue of their bodies in tail, and in default of such issue over, and appointed additional trustees and executors. Edward Barrett, the father, alone proved the will and codicil, and returned into the secretary's office an inventory of the slaves and personal estate of the testator, and shortly after his son's death took possession of the real and personal estate and slaves of the said George Goodin Barrett, including the demised lands and slaves, and continued to manage and cultivate the Oxford estate in the same manner as George Goodin Barrett had done in his lifetime. On the 1st June 1797 the lease of the Oxford estate expired, and from thenceforth Edward Barrett continued in possession of the estate as owner until the time of his death. At the time of the lease of the Oxford estate there were about forty slaves, belonging to Edward Barrett, settled and resident upon the Oxford estate, but which had been usually worked upon the adjoining estate of Edward Barrett, called Cambridge, and in order to prevent their removal George Goodin Barrett purchased in his own name forty other slaves, and placed them on the Cambridge estate, as a substitute for those retained on the Oxford estate. He also purchased during the term ninety-two other slaves, and placed them also on the Oxford estate. Shortly after the expiration of the lease, and in February 1798, Edward Barrett applied to Thomas Reid, junior, and Robert Bell, esquires, since deceased, 1837. PALMER v. BARRETT. 1837. PALMER ย. BARRETT. to value as well the ninety-two slaves on the Oxford estate, as also thirty-nine slaves on the Cambridge estate, being the survivors and increase of the females of the slaves so purchased and placed on Cambridge estate by George Goodin Barrett, as substitutes for the further slaves left on the Oxford estate; and they valued the ninety-two slaves at 8,0707., and the thirty-nine at 3,1607., making together the sum of 11,2307. In November 1798, Edward Barrett died, being at the time of his death seised of four plantations or sugar estates, namely, the said estates of Oxford and Cambridge, in the parish of Trelawny, and Cinnamon Hill and Cornwall, both in the parish of St. James; and also of a penn called Retreat, in the parish of St. Ann, with slaves, cattle, and stock, upon and belonging to the several plantations and penn respectively, and also of other property in the said island of Jamaica. By his Will duly executed, bearing date in November 1798, (made therefore subsequent to the valuation of the slaves,) after charging his real and personal estate with the payment of his debts, and after making certain specific devises, he gave to trustees therein named, to and for the uses therein declared, the Cambridge and Oxford estates, with all and singular the lands, negroes, and other slaves, mules, horned cattle, buildings, works, and every the appendages, hereditaments, and appurtenances, negro grounds, and all other lands in the parish of Trelawny, upon certain trusts therein specified; and amongst others, first, for the use of his grandson Edward Barrett Moulton, for life, with remainder to his first and second sons in tail male, with divers remain of ders over; and in like manner he gave the two other plantations, Cinnamon Hill and Cornwall to the use of his grandson Samuel Barrett Moulton, with like remainders; and he gave a pecuniary legacy to Edward Barrett and George Goodin Barrett, sons of his son, Samuel Barrett, and charged the same on his real and personal estates. In a subsequent part of his Will, after reciting that the estate of his late son, George Goodin Barrett, was indebted to him in a very large sum of money, and reciting that the said George Goodin Barrett had vested and limited his real estates, by Will, to the use and behoof of the sons of his the said Edward Barrett's deceased son Samuel, the testator, Edward Barrett, did thereby remise, release, and for ever quitclaim, and did give and bequeath unto such of the sons of his deceased son Edward, as might inherit the Spring estate, under George Goodin Barrett's Will, all such sums of money as might be due and owing unto him by the heirs of his said son George Goodin Barrett; provided nevertheless, that the said heirs, inheriting George Goodin Barrett's real estates by virtue of his Will, should likewise release, and for ever quit-claim, unto such of the heirs of him the said Edward Barrett, as might thereafter inherit Oxford and Cambridge estates in pursuance of his Will, all their right, title, and interest of and in the several parcels of land and premises, purchased by and in the name of the said George Goodin Barrett, for the use of the Oxford estate, from certain persons named therein, and also Lancaster penn, and all other lands in the said parish of Trelawny, which the heirs claiming under the Will of the said George Goodin Barrett might lawfully claim; and the testator Edward Bar 1837. PALMER v. BARRETT. |
