(Typed)
Will of Eliza Kitchin, deceased
Certified Copy for Reg of Deeds
This is the last will and testament of me, Eliza Kitchin, of the City and District of Montreal, in the Province of Quebec, Widow of the late James Kitchin, in his lifetime of Pictou, in the Province of Nova Scotia, Shipbuilder.
1. I direct that all my just debts, funeral and testamentary expenses be paid by my executors, hereinafter named, out of the proceeds of my personal estate, in the manner hereinafter directed and so soon as the same way be conveniently done after my decease.
2. I give and bequeath to my daughter, Mary Pamelia Kitchin, the sum of six thousand dollars ($6,00.00) absolutely, to be paid her out of my personal estate without abatement whatsoever, and I direct that the said legatee shall be first paid in full, and that this bequest shall be a first charge on my personal property and, if such personal property should prove insufficient for this purpose, then and in such case this bequest shall constitute a charge on my real estate.
3. On the balance of my personal estate I give, devise and bequeath to my son, J. Henry Kitchin, the sum of one thousand dollars ($1000.00); to my daughter Mrs. Gulielma Logan, the sum of one thousand five hundred dollars (1,500.00); to my daughter-in-law, Sarah Kitchin, widow of my son William, two hundred dollars ($200.00); to my brother George McConnell, the sum of four hundred dollars ($400.00); to my sister, Jane McConnell, the sum of two hundred dollars ($200.00); to my brother, William McConnell, the sum of two hundred dollars ($200.00); to my daughter Elizabeth Langill, the sum of one hundred dollars ($100.00); to my nephew, Edgar Cameron, the sum of one hundred and fifty dollars ($150.00); and to Mrs. Bertha Dwyer, the sum of seventy-five dollars ($75.00).
4. If my estate should be insufficient to pay the bequests set out in this third clause of this, my will, then and in such case I direct that the legatees therein mentioned shall receive and take in proportion and according to the amounts bequeathed to them as in the said clause set out.
5. I give, devise and bequeath to my said daughter, Mary Pamelia Kitchin, the piano, all the household furniture, tableware, utensils and other articles of whatsoever nature and kind, of which I may die possessed, excepting thereout and therefrom the bequest of a portion of my silverware bequeathed to my daughters, Mrs. Elizabeth Langill and Mrs. Gulielma Logan, as hereinafter set out.
6. I further bequeath to my said daughter, Mary Pamelia Kitchin, the silver tea-pot, tall coffee urn, sugar-bowl and cream jug of my tea service, all the tea spoons and desert spoons, and one half dozen of the table spoons, all knives and forks, one soup ladle and two gravy spoons, it being my express wish that, excepting thereout and therefrom the articles above enumerated, the rest and residue of my silverware shall be divided between my daughters Mrs. Elizabeth Langill and Mrs. Gulielma Logan, as equally and equitably as possible.
7. And I further direct that such of the furniture and household effects hereby bequeathed to my said daughter, Mary Pamelia Kitchin, as she may not require or wish to retain for her own use and benefit, shall revert and be returned to my estate, to be sold or otherwise dealt with in such manner as my executors may deem advisable.
8. I hereby direct and empower my executrix and executor hereinafter named, to sell and dispose of to the best advantage, and so soon as she may be conveniently done after my decease, all the rest and residue of my real and personal property, and convert the same into money, and out of the proceeds arising from such sale to pay all my just debts, funeral and testamentary expenses as above: the balance to be divided among all my children hereinafter named, that is to say: James Kitchin of River John, in the Province of Nova Scotia; Elizabeth Langill, widow of Oliver Langill, of River John aforesaid; Henry Kitchin of Brooklyn, in the State of New York, one of the United States of America; Sarah Webster, wife of David Webster, of Bueos Ayres in the Argentine Republic, South America; Guilielma Logan, wife of Robert Logan of Bridgewater in the Province of Nova Scotia, and Mary Pamelia Kitchin of the City and District of Montreal, in the Province of Quebec, in equal parts.
Should any of my children mentioned in this, my Will, predecease me, then and in such case I direct that the share or shares which would have accrued to such child or children shall devolve upon and accrue due to the legal representatives of such child, and shall not revert to my estate.
9. I nominate, constitute and appoint my said daughter Mary Pamelia Kitchin, of the City and District of Montreal in the Province of Quebec, Spinster, and Daniel Sutherland of Pictou, in the Province of Nova Scotia, ship- owner, executrix and executor of this, my last Will and Testament, and I hereby extend their powers beyond the term of a year and a day prescribed by law, for the execution of this my last will and testament.
In testimony whereof I, the said Testatrix, Eliza Kitchin, have hereunto set my hand and affixed my seal at the village of St. Lambert in the District of Montreal, this this tenth day of June, in the year of our Lord one thousand nine hundred and three.
(signed) Eliza Kitchin L.S.
Signed, sealed, published and declared by the Testatrix, Eliza Kitchin as and for her last Will and Testament in the presence of us, who, at her request, in her presence, and in the presence of each other have hereunto subscribed our names as witnesses hereto.
(Signed) L.B.E. Chadwick of the City of Montreal wife of
L. Chadwick, gentleman of the same place.
( “) Jno. W. Blair of the City of Montreal, Advocate.
Province of Quebec
District of Montreal
Be it remembered that on this twenty-sixth day of May, one thousand nine hundred and five. Before me undersigned Deputy Prothonotary of the Superior Court, for the Province of Quebec, in the District of Montreal.
Came and appeared, Miss Mary Kitchin, of Montreal, fille majeure (by J.W. Sinclair, Esquire, Advocate, her Attorney)
Who by virtue of my fiat on her petition presented to me this day, produced the last will and testament, made in English form, of the late Dame Eliza Kitchin, her mother, widow of the late James Kitchin, in his lifetime of the said City of Montreal, and prayed to be permitted to make proof of the said will and that probate thereof be granted and due proof of the said will having been made before this day as appears by the depositions hereunto annexed, I declare the said will hereunto also annexed, dated the tenth day of June, one thousand nine hundred and three, to be well and duly proved and I do hereby order that the said will be deposited in the archives of the said Superior Court, at Montreal, and be registered in the register of probates of the said Court, and that authentic copies of the said will be given according to law.
Given under my hand and the seal of the said Superior Court, at the said City of Montreal the day, month and year herein firstly before written.
(signed) J. E. Champoux, Deputy P.S.C. (L:S:)
I, the undersigned, do hereby certify that the foregoing last will and testament of the late Eliza Kitchin, widow of the late James Kitchin, and the order touching the probate of the same are true copies of the originals remaining deposited in the Archives of the said Superior Court at Montreal.
Montreal 30th May 1905
J.E. Champoux Deputy P.S.C. (L.S.)
Province of Nova Scotia
County of Pictou S.S.
In the Court of Probate of Wills
I John D. McLeod Registrar of said Court do hereby certify that the foregoing type written paper is a true and correct copy of a duly authorized copy of the last Will and Testament of Eliza Kitchin late of Montreal in the Province of Quebec deceased widow of the late James Kitchin Deceased which said copy was duly admitted to Probate in said Court at Pictou on the 26th day of May AD 1906 at Pictou in said County.
Witness my hand at Pictou this 26th.day of May 1906.
John D. MacLeod Registrar
Stamp
PROVINCE OF NOVA SCOTIA, REGISTRAR OF DEEDS
Office, County of Pictou, JUNE 2 1906 I certify that the within instrument was duly registered at 3:30 PM of the above day in Book 4 page 165-168 on the certificate of John D. MacLeod Reg
John Yorston Registrar.
Vault - Registry of Deeds Shelf
