Last Will and Testament of Æneas (Angus) Bernard MacEachern
Transcribed from a photocopy of the will obtained from Public Archives and Records Office, Charlottetown.
In the name of the Father, and of the Son and of the Holy Ghost. Amen
I, Æneas Bernard MacEachern, Bishop of Charlottetown Prince Edward Island British North America considering the uncertainty of this transient life do make this my last Will and Testament in manner and form following.
1. I order that when it will please God to call my soul to Himself, my body be interred alongside of the remains of my dear nephew the Rev. Æneas MacEachern Acolite at St. Andrew's in a decent manner.
2. I leave in trust to Angus MacEachern, Duncan Curry and Allan MacEachern of Tuidnuge, East arm, Bras d'Or Lake, Cape Breton, two hundred acres of land at said Tuidnuge granted in my name, for which land the Inhabitants said East arm paid sixty pounds currency to be occupied by such a Clergyman as the Right Rev'd Doctor W'm Fraser will be pleased to establish, and keep in the service of said Mission, as well as for a school that the said Doctor Fraser and successors in office may think fit to set up on the said premises. I also leave at the disposal of the aforesaid Rt. Rev'd Doctor Fraser an Island at the narrows called and known by the name of Christmass Island for the use of the Clergyman whom the said Doctor Fraser may employ at said narrows, Bras d'or Lake Cape Breton.
3. I leave and bequeath unto my beloved nephew Eugene MacEachern now studying in the Urban College Rome five hundred acres of land of which I have a Grant situated on Lewis Basque's Cove near the Indian Chapel Cape Breton, in order to enable him the said Eugene MacEachern to educate in part by means of what rent or rents he may receive from said land some such student as he may fix his eye on.
4. I leave for the use of the Clergyman whom my successor in office may appoint for the Mission of the East Point Lot No. Forty-seven (47) of this Island, one hundred acres of land on which a Chapel and Glebe house are built, as well as for a school which may be established on said hundred acres of land.
5. I leave to John MacEachern, son of my late brother Donald MacEachern ninety acres of land on Lot No. Forty-six (46), which lands are now in his possession, on the following terms, i. e. He shall not neither shall his children have power to dispose of said ninety acres of land to anyone out of their own family, neither said land be subject to any debt that he John MacEachern may contract nor to any debt that his heirs may contract. For which tract of ninety acres beginning at a post 20 chains west of the Division line of lots 47 and 46 he the said John MacEachern will annually pay or cause to be paid on or before the seventeenth day of March yearly Fifty shillings currency in good wheat at the market price to my aforesaid nephew Eugene MacEachern now in Rome.
6. I leave to my nephew Benjamin MacEachern ninety acres nine chains wide adjoining the lands in the occupation of his cousin John MacEachern as aforesaid. Also to the said Benjamin MacEachern son of my late brother Hugh MacEachern another tract of land say two hundred and from ten to twenty acres of land west of the lands in the occupation of my nephew Donald Ban MacEachern for which he the said Benjamin MacEachern will account with his brother the above mentioned Eugene MacEachern for the purpose of raising any person whom he may think fit in Education. I moreover transfer to the aforesaid Benjamin MacEachern one hundred and fifty acres which I hold under lease from the late John Cambridge formerly of this Island between his own last mentioned land and John MacDonald's west of said 190 acres of land Lot 46 for which land he Benjamin MacEachern shall pay annually to the heirs or representatives of the aforesaid John Cambridge Five Pounds Sterling money together with His Majesty's Quit Rents.
7. I leave unto the use of the Mission of St. Margaret's twenty acres of land which I hold of the late John Cambridge together with ten acres bestowed on me by Allan MacDonald Gernis now in U Canada, with this proviso that as long as John Gillis and my niece Isabella Gillis of Hay River choose to hold said tract on halves they may have it.
8. Whereas my brother John MacEachern has broke through his agreement with me respecting his claim on one hundred acres of land occupied by my late Father Hugh MacEachern Sen'r. and has occupied that part of said land called the High farm, and by so doing has abandoned his son Donald Ban MacEachern, to whom I was to let one hundred acres on Lot (46) if the said John MacEachern his father would quit all claim to our Father's lands (of the purchase money of which my late brother Hugh MacEachern and myself paid above one half). But things having taken a turn from the nonperformance on the part of the said John MacEachern my brother, I am not disposed to let Donald (Ban) MacEachern have any claim or right whatsoever to the land on which he now lives - but leave it that is to say one hundred acres of land to my above named Eugene MacEachern for the same purpose as before mentioned - Yet I leave and bequeath to the said Donald Ban MacEachern the value of ten pounds currency in cattle - his cousin Eugene MacEachern may settle with him as he may think fit.
9. I leave and bequeath to my Sister-in-law Mary MacEachern relick of my late brother Hugh MacEachern the use of one end of my Stone House at Savage Harbour if she chooses to live in it during her natural life time together with one third of the proceeds of what crops of all kinds may be raised on the plot of ground willed to me by my late Father at said Savage Harbour, and after her death to my above mentioned nephew Eugene MacEachern so as to prevent any person from having it in his power to dispose of or sell said land and house. He Eugene MacEachern may settle with his brother as he may please.
10. I allow my nephew Donald MacEachern Sen'r. son of my late brother Hugh MacEachern together with his brothers Joseph and Donald MacEachern Jun'r. the use and occupation of a tract of land which I own due South joining lands purchased by my late brother Donald MacEachern from the houses of my nephews, children of the late Patrick MacEachern 12 chains broad, and running on parallel lines south until it includes my swamp to the old road Savage Harbour Mill creek and bounded on the East by lands in the possession of the late John MacEachern's children, also a tract of wooded land which I own north and west of the land occupied by the late Allan MacDugal and MacEacherns of Savage Harbour, but not to be disposed of or alienated by any means.
11. As to seven hundred acres which I own at Ceann-a-Bhaidh Lot No. Thirty-Eight (38) I leave that at the disposition of aforesaid nephew Eugene MacEachern to be leased by him on easy terms to his brothers Donald and Joseph MacEachern and to my brother John MacEachern of Ceann-a-Bhaidh who has no claim whatsoever on me as far as lands are concerned one hundred acres on which he now lives for such a rent as the above said Eugene MacEachern may think proper.
12. I leave two lots of land which I own in lots 49 and Fifty on one of which a Chapel is built, the other 4 acres two of which are out of the late John MacDonald's land and the other two acres joining the former two acres, out of the late John Haley's land on Lot Forty nine, for the use of the clergyman at Vernon River.
13. I leave and bequeath to my niece Isabella Gillis all the marsh which I own on Lot number Thirty seven.
14. As an explanation my brother the aforesaid John MacEachern will cut that piece of Marsh Hay annually, which he these two years past has cut between his own house and the creek, but at no time whatsoever shall the said hundred acres and marsh in the possession or occupation of him the said John MacEachern my brother, be liable to any debt that he has contracted prior to the date of this my last Will and Testament or hereafter by securities or bonds or any other ways of contracting debts. For it is my Will that no part or parts of any lands belonging to me be liable to any debts except those due to His Majesty or due to any of whom I hold lands.
15. I leave and bequeath unto my aforesaid niece Isabella Gillis one hundred acres of land which I bought of Mr. Irving of Charlottetown of Lot (45) Forty five fronting on the S. Sea commonly called the Channel with this exception that when the lines shall be run between Lots Forty six and Forty five (46 & 45) and the road changes above the Hallows west of Donald MacPhee's house near the supposed line between Lots 45 & 46, she the aforesaid Isabella Gillis will allow twenty acres free of all expenses to the inhabitants from Sourie to the West River for a Chapel and Glebe house ground above the aforesaid road when altered, so as to have eight chains front on the East side of my aforesaid hundred acres of land which is in all ten chains front on the shore and one hundred chains on parallel lines to the rear. Also my beds and blankets at St. Margaret's with my furniture at said St. Margaret's.
16. I leave and bequeath my big mare called gealachas to my beloved nephew Benjamin MacEachern together with two oxen rising five years and two cows, such as his mother may think fit for his use.
17. I leave and bequeath to my Sister-in Law Mary MacEachern in some recompense for her attachment to my interest, and her arduous task of managing the affairs of this House, my young black mare called Moina with all my sheep and two cows, together with the half of all the beds and bedding belonging to me in this house. The rest of which bed clothing she will dispose of to my sister Margaret MacIntyre and others.
18. I order that all my chests of drawers be carried to my new House at the place called after this Kingearloch instead of Cean-a-Bhaidh also all the articles of Silver in this house, and household furniture of all sorts to be delivered to my nephew Eugene MacEachern when it will please God to send him back to this Island.
19. I leave the use of my brown rising four year old horse called Starne? to my beloved nephew Donald MacEachern Junior which horse he is not to swap or change with any person or dispose of as the horse will belong to the Farm on which he Donald MacEachern lives.
20. I leave on this farm of St. Andrew a horse called Bob for the use of the Farm, but not to be drove by the students on their private business also two milch cows, and two breeding swine.
21. I leave and bequeath to my loving nephew Benjamin MacEachern all my tools for carpenters work or otherwise save and except such as may be requisite for the house and farm of Kingearloch such as carts, harrows, forks, ploughs and sleighs, with a crow bar, hoes and spades.
22. And whereas I owe this seventh day of March 1835 twenty five pounds currency to Mr. Irving of Charlottetown of the purchase money of the hundred acres of land which I bought of him, I order in case I do not pay him myself to have said balance paid to him out of my property which being done my said hundred acres of land on Lot No. Forty-five (45) will remain clear of all demands except the Kings Quit rents when demanded. Said lot of 100 acres is bounded on the East by 200 Acres bought by Mr. Pleace?? formerly of this Island from the Division line between Lots (46) and (45).
23. It is my unalterable intention, and resolution that no part of my landed property be sold or leased out of my own family, and that any bargains made by any of those to whom I will the use or usus fructus of any parcel or spot of said lands shall be null and void when alienated out of my family.
24. Whereas all the vestments, altar Linnens, Chalices, Missals(except a large one), oil Stocks, Pixiss and Tabernacle in this Chapel of St. Andrew's are my own private property I leave them and all my albs, &c., at the disposal of my above mentioned nephew Eugene MacEachern now in Rome.
25. I leave for the use of Joseph MacEachern son of my late brother Hugh MacEachern that piece of land on which he now lives from the line of the lands in the occupation of my brother John MacEachern his neighbour, on the west side to the spring below said Joseph's house and thence to run on a straight line two chains East of the said Joseph MacEachern's byers and after having continued two chains past the said byers or stables to run then South fifteen degrees West till it reaches the rear of my aforesaid lands of seven hundred acres.
26. I leave and bequeath the use and usus fructus of a tract of land adjoining and being East of the aforesaid line running as specified from the Spring to within two chains of Joseph MacEachern's stables, and then continuing on the said aforesaid variation until one hundred acres are completed to my nephew Donald MacEachern Junior, but leave no power to him the aforesaid Donald MacEachern, or his brother, Joseph MacEachern any power to dispose, sell or lease any part or parts of the above two tracts of land.
27. I leave unto the aforesaid Donald MacEachern Junior and Joseph MacEachern and to their mother my Sister-in-law Mary MacEachern the use of all the marsh from John MacEachern my brother's marsh until the line of Allan MacIntyre's lands West of said marsh, in equal shares but no ways to be alienated or disposed of. I also leave to the said Donald MacEachern Junior and to Joseph MacEachern the use of the cows belonging to me on the premises on which they the said Donald and Joseph MacEachern now live. In that tract of marsh is comprised Island mor and Island beg marshes.
28. I leave and bequeath to my little nephews sons of my late nephew Patrick MacEachern the use of that part of my lands due south and adjoining the lands of my late brother Donald MacEachern on which they have built, and improved, as far as said improvements have prior to this date been carried on and then thirty feet for a road South of their improvements, and adjoining them from the West line of lands held and owned by my brother John MacEachern to the East line of the High Farm so as to have a road for all parties from Scotch Savage Harbour to Savage Harbour run. But at the same time they the said sons of my late nephew Patrick MacEachern must keep a road of the same width to the big Spring northearly?? so of the house in which they now live so as to have a communication without interruption with the shore of Savage Harbour Bay.
29. I leave and bequeath to my nephew Eugene MacEachern now in Rome all my Mathematical Instruments, Theodolite, Gold Cross, watch and silver seal to be kept at Kingearloch house until he may call for them which house and all my furniture of all descriptions will be at his disposal including an eight day clock in said house, and other articles, all my Books in different languages.
Registered the 14th day of July 1835
Know all men by these presents that we the undersigned Brother, __Sister,__Nephews,__& Nieces of the late Right Rev. Æneas Bernard McEachern, have bound ourselves, and do hereby bind ourselves, individually each to all the other parties to this mutual obligation in the penal sum of Two thousand pounds Sterling to be forfeited or paid by each or any one of us who shall make any breach of this obligation, to the individual or individuals who shall remain faithful to the true intent and meaning thereof as hereinafter specified __. Now whereas the right Reverend Æneas Bernard McEachern, having in his own handwriting left a certain Document (to which Document this obligation is appended) and which it is evident was meant for either the whole or a part of his last Will and Testament, we the said undersigned parties, either intended to be benefited by the Will of the deceased Right Reverend Æneas MacEachern or being claimants at Law upon any undevised property of the said deceased according to his intentions as exhibited in the said foregoing Writing or Document, and also a further division of any property whether real or personal (respecting which the intentions of the deceased cannot be ascertained by the said Writing or Document) according to the known and written Law of the Empire of Great Britian, have chosen and appointed and do hereby choose and appoint Alexander MacDonell of Donaldston, John MacDonald of Grand Tracadie, and Angus MacDonald of Allisary to supply the deficiency of Executory appointments by the said Right Reverend Æneas MacEachern, should it appear no such appointments have been made by him, and to apportion among us all the property of the said Right Reverend Æneas MacEachern according to his intentions as shewn in the foregoing and aforementioned Writing or Document and also as respects any property whatsoever of the said Deceased left unappropriated by him to make among us what shall appear unto them, the said hereby appointed and constituted distributors a just and legal distribution.
And moreover be it known that we have appointed and directed the said so constituted executors and distributors prior to the intended division and distribution of the said deceased Right Reverend Æneas MacEachern's property to satisfy and liquidate all just claims upon or against the property of the deceased, and also to indemnify themselves for all trouble and unavoidable expenses devolving upon them in the execution of the duty imposed upon them by this our appointment out of the property of the said deceased_ In witness of all the foregoing we have hererunto this Twenty seventh day of April in the year of Our Lord one thousand Eight hundred and thirty five affixed our several hands and seals
| John MacEachern
Margaret McIntyre her X mark
John MacEachern his X mark
Donald MacEachern
Allen MacIntyre X
Joseph McEachern
Donald McDonald
John McDonald
Benjamin McEachern his X mark |
Donald McEachern Sen'r. his X mark
Isabella Gillis her X mark
Catherine Campbell her X mark
Angus McIntyre Junior
Elizabeth Campbell her X mark
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her |
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| Catherine |
X |
McDonald |
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mark |
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Witness Alex McDonell
Alexander McInnis
Margaret McDonald
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| Witness to the first fifteen signatures ending with Eliza Campbell Ch. Worrell J. H. Conroy |
Witness Alex McDonell
Jane McDonald |
Know all men by these presents that we the undersigned of the late Right Rev. Æneas Bernard McEachern, have bound ourselves, and do hereby bind ourselves individually each to all the other parties to this mutual obligation in the penal sum of Two thousand pounds Sterling to be forfeited or paid by each or any one of us who shall make any breach of this obligation to the individual or individuals who shall remain faithful to the true intent and meaning thereof as hereinafter specified __. Now whereas the right Reverend Bernard McEachern, having in his own writing left a certain Document (to which Document this obligation is appended) and which it is evident was meant for either the whole or a part of his last Will and Testament, we the said undersigned parties either intended to be benefited by the Will of the Deceased Right Reverend Æneas Bernard MacEachern or being claimants at Law upon any undevised property of the said deceased Right Reverand AEneas Bernard MacEachern, in order to facilitate a
division of the property of the said deceased according to his intentions as exhibited in the said foregoing Writing or Document, and also a further division of any property whether real or personal (respecting which the intentions of the deceased cannot be ascertained by the said Writing or Document) according to the known and written Law of the Empire of Great Britian have chosen and appointed and do hereby choose and appoint Alexander MacDonell of Donaldston, John MacDonald of Grand Tracadie, and Angus MacDonald of Allisary to supply the deficiency of executory appointments by the said Right Reverend Æneas Bernard MacEachern, should it appear no such appointments have been made by him, and to apportion among us all the property of the said Right Reverend Æneas MacEachern according to his intentions as shown in the foregoing and aforementioned Writing or Document and also as respects any property of the said deceased left unappropriated by him to make among us what shall appear unto them, the said hereby appointed and constituted distributors a just and legal distribution of the same. And moreover be it known that we have appointed and directed the said so constituted distributors prior to the intended division and distribution, prior to the intended division and distribution of the said deceased Right Reverend Æneas MacEachern's property to satisfy and liquidate all just claims upon or against the property of the deceased, and also to indemnify themselves of all trouble and unavoidable expenses devolving upon them in the execution of the duty imposed upon them by this our appointment. In witness of all the foregoing we have hererunto set our hands and seals
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her |
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| Sarah |
X |
McIntyre |
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mark |
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Witness Ronald MacDonald
Witness George Campbell
John McEachern
Witness Alexander Gillis |
Archibald McEachern
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her |
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| Mary |
X |
McEachern |
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mark |
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Witness Angus McEachern
Angus X McDonell
James Campbell
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Know all men by these presents that we the undersigned of the late Right Rev. Æneas Bernard McEachern, have bound ourselves, and do hereby bind ourselves, individually each to all the other parties to this mutual obligation in the penal sum of Two thousand pounds Sterling to be forfeited or paid by each or any one of us who shall make any breach of this obligation to the individual or individuals who shall remain faithful to the intent and meaning thereof as hereinafter specified __. Now whereas the said Right Reverend Æneas Bernard McEachern, having in his own handwriting left a certain Document (to which Document this obligation is appended) and which it is evident was meant for either the whole or a part of his last Will and Testament, we the said undersigned parties, either intended to be benefited by the Will of the deceased Right Reverend Æneas Bernard MacEachern, or being claimants at Law upon any undevised property of the said deceased Right Reverend Æneas Bernard MacEachern, in order to facilitate a Division of the property of the said Deceased according to his intentions as exhibited in the said foregoing Writing or Document, and also a further division of any property whether real or personal (respecting which the intentions of the deceased cannot be ascertained by the said Writing or Document) according to the known and written Law of the Empire of Great Britian, have chosen and appointed and do hereby choose and appoint Alexander MacDonell of Donaldston, John MacDonald of Grand Tracadie, and Angus MacDonald of Allisary to supply the deficiency of executory appointments by the said Right Reverend Æneas Bernard MacEachern, should it appear no such appointments have been made by him, and to apportion among us all the property of the said Right Reverend Æneas MacEachern according to his intentions as shown in the foregoing and aforementioned Writing or Document, and also as respects any property whatsoever of the said deceased left unappropriated by him to make among us what shall appear
unto them the said hereby appointed and constituted distributors a just and legal distribution of the same. And moreover be it known that we have appointed and directed the said so constituted distributors prior to the intended division and distribution of the said deceased Right Reverend Æneas MacEachern's property to satisfy and liquidate all just claims upon or against the property of the deceased, and also to indemnify themselves for all trouble and unavoidable expenses devolving upon them in the execution of the duty imposed upon them by this our appointment. In witness of all the foregoing we have hererunto set our hands and seals
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Hugh MacDonald
Isabella Wadman her X mark
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her |
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| Mary |
X |
MacDonald |
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mark |
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Witness present to the three named above
Angus MacDonald
John MacDonald |
6th May 1835
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her |
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| Flora |
X |
McDonald |
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mark |
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his |
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| Archibald |
X |
McMillan |
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mark |
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William Wadman
John MacDonald
Hugh McDonald
Witness present |
The intermutual Bond between the Brother, Sisters, Nephews, and Nieces of the late Right
Reverend Æneas Bernard MacEachern written on the other half of this sheet received the
Signatures of Flora McDonald, Archibald McMillan and Mary McMillan on this 11th day of
May 1835.
Alexander MacDonell
John MacDonald |
The foregoing bonds were registered the 14th July 1835, and Letters of Administration
(cum testamento annexo) granted same day to Alexander McDonell, John McDonald and Angus McDonald, the persons named and chosen as administrators in and by the Bond first within written.
W. Wadman
Surrogate Judge of Probate |
Copyright © 2003 Basil Campbell.