Will of Angus (Allisary)

The last Will and Testament of Angus Macdonald of Alisary in the County of Queen’s County, and the Island of Prince Edward.

In the first place I give and devise unto my son John Macdonald and to his heirs forever all my rights title and interests in and to the farm on which he now resides, containing one hundred and fifty acres more or less, the said farm to be held by him and his heirs by the same boundaries as it is now held and known by, together with the portion of marsh land which he now cuts and is in possession of.

Secondly I give and devise unto my grand children Augustine Macdonald and Allan Macdonald, the children of my late son Joseph Macdonald and to their heirs forever the whole of the farm upon which I now live and which is occupied tilled and cultivated by me, containing two hundred acres more or less, together with the whole of the marsh lands which I now cut and am in possession of, the said farm and marsh land to be divided between the said Augustine and Allan share and share alike when the youngest shall have arrived at the age of twenty one years, but upon this express condition that if either of them should die without issue then the whole is to become the property of the survivor and his heirs and upon the further condition that they their heirs and assigns do find provide and contribute to the suitable maintenance of their mother so long as she remains a widow, and unmarried, and of their sister Mary until she shall be married or otherwise settled and provided for.

Thirdly whereas I have sold to Alexander Macdonald the farm whereon he now resides situate at the rear of the farm herein before devised to my grand children Augustine and Allan and containing sixty acres more or less but of which I have as yet executed no deed to the said Alexander Macdonald, now in case it should please Providence to withdraw me from this world before a proper conveyance of the said land shall have been executed by me then and in such case my will is and I hereby devise the said sixty acres of land within the now known and accustomed boundaries to my sons John Macdonald, Ronald Macdonald and my son-in-law William Macdonald the Executors of this my last Will and Testament as herein-after appointed and both survivor or survivors of them his or their heirs in trust nevertheless that the said devisees the survivor or survivors of them his or their heirs do execute a good and valid conveyance in fee simple of the said sixty acres of land as at present bounded unto the said Alexander Macdonald and his heirs, but at his and their proper cost and charges, when and so soon as he or they shall have paid to the said devisees Excecutors as aforesaid or the survivor or survivors of them his or their heirs the just and full sum of sixty pounds current money of this Island the purchase money agreed to be paid for the same or so much thereof as may be due at the time of my demise and in case the said Alexander Macdonald or his heirs shall refuse or neglect to pay the same in the further trust to convey the said sixty acres of land to the said Augustine Macdonald and Allan Macdonald, according to the provisions of the second clause of this my will.

Fourthly I give and devise to the aforesaid John Macdonald, Ronald and William Macdonald and to the survivor or survivors of them his or their heirs one hundred acres of land now occupied by Angus Macdonald and Alexander Macdonald and situate in the rear of the land hereinbefore devised to them for the purpose of being conveyed to the first mentioned Alexander Macdonald in trust to execute to said Alexander Macdonald and Angus Macdonald a lease for nine hundred and ninety nine years of the same land (unless I shall have executed one in the meantime) with the usual covenants for the payment of one shilling currency per acre each year for and during the said time the boundaries of the land to be as they now stand and in trust also to cause and allow the said yearly rent to be paid to my three daughters Catherine, Nelly and Jenny in equal proportions and to the survivor or survivors of them for and during the time of their and each of their natural lives and after their decease then to cause and allow the same to be paid to my grandsons Augustine and Allan aforesaid or to the survivor agreeably to the second clause of this my Will and should it happen that my executors should be obliged to pay my debt or debts after my decease which may cause the personal estate hereinafter to the use of my grand sons bequeathed, to be disposed of for that purpose then my Will is that so much of the yearly rents of the said one hundred acres of land leased or to be leased to the said Angus Macdonald and Alexander Macdonald as will be sufficient to make up what shall have been so expended shall be devoted to that purpose and that until such sum shall have been so replaced the payment of the said rent reserved to my said daughters shall be discontinued.

Fifthly I give and bequeath to the aforesaid John Macdonald, Ronald Macdonald and William Macdonald whom I hereby appoint the Executors of this my last Will and Testament all my stock goods and chattels and general estate whatsoever and whensoever to be held by them in trust for the use benefit and maintenance of my said grandsons Augustine and Allan aforesaid until the youngest of them shall have reached the age of twenty one years and when that shall have happened then in trust to divide the same between Augustine and Allan Macdonald aforesaid share and share alike to their and each of their respective use and benefit. Lastly I hereby revoke all former and other wills by me heretofore made published and declared.

In witness hereof I have hereunto set my hand and seal this thirteenth day of December in the year of Our Lord one thousand eight hundred and fifty.

Published and declared by
the said Angus Macdonald
as and for his last Will
and Testament in our presence   
who have set our names as
Witnesses thereto
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   (sgd)  Angus McDonald
 
(sgd)  Angus McDonald
(  "  )  Donald McNeil
(  "  )  Angus McDonald   
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   Witnesses

The above Will was proved on the 29th day of November A. D. 1858, on the oath of Angus McDonald, a subscribing witness
 Charles Young
Judge of Probate

Be it known to all men by these presents that I Angus Macdonald of Alisary, in the County of Queen’s County and in the Island of Prince Edward have made and declared by my last Will and Testament in writing bearing date the ninth day of December one thousand eight hundred and fifty, and I the said Angus Macdonald by this present Codicil, do ratify and confirm my said last Will and Testament, and do charge my grand children Augustine and Allan Macdonald, the children of my late son Joseph to contribute to the maintenance and support of Catherine Conors who now lives with me and has lived with me for many years serving me faithfully, and to allow her the privilege of keeping one cow and three sheep on the farm for her own sole use to support her in clothing and other necessaries and always to keep that stock for her so long as the said Catherine Conors chooses to remain with them, and my will and meaning is that this codicil or Schedule be adjudged as a part and parcel of my last Will and Testament and that all things it contained be truly and faithfully performed. In witness whereof I have hereunto set my hand this Twenty fourth day of december in the year of our Lord one thousand eight hundred and Fifty seven in presence of the subscribing witnesses

 (sgd)  Angus M X Donald

witnesses
(sgd)  Alexander A. McDonald, Allisary
(  "  )  Augustine McDonald, Glenroy
(  "  )  John McDonald  J. P.

The foregoing codicil was proved the 4th day of September A. D. 1858, on the oath of Augustine McDonald, a subscribing witness
 Charles Young
Judge of Probate


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