Description Will of Duncan Ross of New Glasgow, Pictou Co., NS

(Handwritten)

Estate of Duncan Ross late of New Glasgow, Baker, deceased, Testate

Copy of Will for the Registrar of Deeds

Know all me by these presents that I, Duncan Roos of New Glasgow, in the County of Pictou, Baker, being of sound and disposing mind and memory, do hereby make and execute this my last Will and Testament, revoking all other and former wills by me at any time heretofore made.

First. I direct that all my just debts and funeral expenses be paid by my executors hereinafter named as soon as after my decease as convenient.

Second. I give devise and bequeath to my beloved wife Annie Ross that lot of land situate at Fisher’s Grant Pictou County conveyed to me by Deed at the late James Fraser (Downie) dated June 25th. A.D. 1878, containing thirty two acres more or less, to have and to hold the same to her my beloved wife and her heirs forever.

Third. I also give devise and bequeath with the limitation as to a part hereinafter mentioned to my said beloved wife Annie, the proceeds of all insurances on my life in any life Insurance Company whatsoever that may at or after my death become payable t my executors or to my said wife under the terms of the policies held by me to have and to hold the same top her my said wife and her heirs forever, provided always that I will and direct that first out of the proceeds of said life Insurance my said wife or my said executors as the case may be, if and when the same shall come into the hands or possession of them or nay of them shall pay off and discharge all mortgages and encumbrances covering my real property fronting on Provost Street in the town of New Glasgow hereinafter descried an also pay out of said proceeds at any time in the discretion of my said wife within five years from the date of my death the several legacies hereinafter bequeathed in this my last Will and testament to my three daughters hereinafter named the balance of said life Insurance after paying the above encumbrances and legacies to be the sole use of my said wife and her heirs forever.

Fourth. I further give devise and bequeath to my said wife Annie with the limitation or reversion as to part hereinafter specified that certain block of land situate in the said Town of New Glasgow on which I now reside and carry on business bounded westwardly by Provost Street, Southwardly by lands of George Sutherland and Hector I. Sutherland, eastwardly by Archimedes Street, and northwardly by the original division line dividing lands of Alexander McKay and William Forbes together with all and singular the houses, buildings, and appurtenances to have to hold the same to her and her heirs forever.

Provided however that I the event of my son Richard Ross remaining in New Glasgow and continuing to work and carry on the bakery business now carried on by me in partnership with my said wife in a proper and business like manner to the satisfaction of my executors hereinafter named for the full period or term of five years from and after my death, he my said son Richard taking during said period one half of the profits of said business in lieu of his time and labor and giving the remaining half of the said profits during said period to my said wife then in the event of my said son duly performing all the above conditions

I will and bequeath that at the expiration of the said period of five years from my death these shall revert and I do bequeath to my said son Richard and his heirs forever that lot of land being the rear or eastern part of the block of land fronting on Provost Street above mentioned the same being bounded as follows, that is to say,

Beginning at a point on the line between my said lands and the lands of George Sutherland and Hector I. Sutherland seventy one feet from the western boundary of Archimedes Street thence along the line easterly seventy one feet to Archimedes Street then along Archimedes Street fifty two feet nine inches, or until it comes to the said original line dividing lands of Alexander McKay and lands of William Forbes, thence westerly seventy one feet along said original line to a pin, thence southerly parallel with the western line of Archimedes Street to the place of beginning together with all and singular the houses and buildings and appurtenances including such parts of the machinery of the bakery situate thereon as are fixed to the soil and buildings, but on the express condition that in the event of my said son failing to carry out or making default in the due performance of the above conditions or any of them to the satisfaction of my said executors or the survivor of them during said period then the title of the whole said block of land with the appurtenances and fixtures and buildings to be and remain in m said wife and her heirs forever.

Fifth. I further give devise and bequeath to my said wife and my said son Richard and their heirs all my stock in trade, book debts, horses, waggons, and all moveables or personal property belonging to the bakery business carried on by me share and share alike, and |I direct that during the minority of my said son the said business be carried on in the name of my said wife and after my son attains the age of twenty one years under such name as they may naturally agree upon.

Sixth. I further give devise and bequeath to my said wife all my household furniture and effects and all personal or other property in which I may be interested or entitled to and not herein otherwise specially bequeathed.

Seventh. I further give devise and bequeath out of the proceeds of my life Insurance if and when the same is realized by my executors. One hundred Dollars each to my beloved daughters Louise Bain, Isabel Ross, and Josephine Ross, and their heirs respectively, to be paid to them as above specified.

Eighth. I hereby nominate and appoint my said wife Annie Ross and my friend John C. Reid of said New Glasgow Esquire, the executrix and executor of this my last Will.

In witness whereof I have the said Duncan Ross have to this my last Will and testament subscribed my name and affixed my seal this nineteenth day of August One thousand Eight hundred and ninety two.

Signed Duncan Ross L.S.

Signed, Sealed published and declared by the said Duncan Ross Testator as and for his last Will and Testament, in the presence of us, who at his request and in his presence and in the presence of each other have hereunto subscribed our names as witnesses.

Signed ---- James D. McGregor
" ---- John H. Sinclair

County of Pictou Sf
In the Court of Probate of Wills ie.

I do hereby certify that the foregoing instrument consisting of four pages, is an exact and literal copy of the last Will and Testament of Duncan Ross late of New Glasgow, in the County of Pictou, Gentleman, deceased, Testate, which has been duly filed and admitted to Probate in accordance with the practice of the Court.

Given under my hand at Pictou this 8th. day of October A.D. 1892.
John H. Lane Registrar

To the Registrar of Deeds
for the County of Pictou

Stamp

Province of Nova Scotia, Registrar of Deeds
Office, County of Pictou, 30th. Nov 1892 I certify that the within instrument was duly registered at 11:30 AM of the above day in Wills Book 12, pages 351-2-3-4 on the certificate of John H. Lane Rgr. of Probate.

John Yorston Registrar.