Description Will of Daniel K. McDonald of Sunny Brae, Pictou Co., NS

(Handwritten)

Will of D.K. McDonald, deceased

Certified Copy of Will for Reg of Deeds

I Daniel K McDonald of Sunny Brae in the County of Pictou, Farmer,

do hereby make and publish this my last will and Testament at the same time revoking all former wills by me at any time heretofore made.

1 I hereby nominate and appoint William T. Kennedy of the City of Halifax in the County of Halifax teacher and Daniel A McDonald of Sunny Brae in the County of Pictou Carpenter to be the executors and trustees of my last will.

2 I direct all my just debts, funeral and testamentary expenses to be paid and satisfied by my said executors as soon as convenient after decease.

3 In addition to the advances already made to my beloved son John K McDonald I do hereby further devise and bequeath to him two horses now on farm at Sunny Brae (one red mare and one white entire horse) one cow, one heifer, one truck waggon with team harnesses, one light-riding buggy, one set of winter sleds and one iron plough (the Stewart)

4 I give devise and bequeath to my beloved daughter Minnie McIntosh wife James McIntosh of said Sunny Brae my interest in a certain building situate in Sunny Brae Village, also three hundred and fifty dollars in cash to be paid by my executors to my said daughter Minnie McIntosh as soon as they have available funds for that purpose.

5 I give devise and bequeath to my beloved son Fraser McDonald one black horse (named Prince) one colt one cow, one heifer, on truck waggon with team harnesses, one riding Buggy one set winter sleds and one set steel harrows

6 I further give devise and bequeath to my beloved son Fraser McDonald one fifth (1/5) of my interest in saw mill being on twelfth part of whole mill

7 I further give devise and bequeath to my beloved son Fraser McDonald that farm lot or parcel of land containing one hundred fifty acres more or less received by me from (two words scratched out) Alex A McDonald by deed dated January 28th. 1889 and recorded in the registry office in the Town of Pictou in Book 93 pages 445 and 446

8 And I further give devise and bequeath to my beloved son Fraser McDonald one-half of all the timber lands of which I am possessed being one-third of all I possessed before I gave one third by deed to my beloved son John K McDonald

9 The bequest of farm and timber lands mentioned in paragraphs 7, and 8, of this document is upon the following conditions namely – when my son Fraser McDonald becomes the age of twenty one years or as soon after as my executors or the survivor of them and to his successors the sum of eighteen hundred dollars ($1800) for the benefit of my daughters Cassie, Annie, Lizzie and Viola as hereinafter directed, and my executors shall be at liberty to take and accept from the said Fraser McDonald a mortgage of the said farm and the said timber lands for the said sum of eighteen hundred dollars, interest to be at five per cent and if the said eighteen hundred dollars be not paid or satisfied by mortgage by the said Fraser McDonald within six months after his becoming of the age of twenty one years, then all the right and claim of the said Fraser McDonald to the farm and timber lands specified in paragraphs 7, and 8. Shall be forfeited, and such lands shall be sold by my executors and the proceeds divided between my
surviving children including Fraser share and share alike

10 I give and bequeath to my beloved son Calder all my remaining farm lands being a lot or parcel bordering on the South side of the east river and lying between the farm bequeathed to my son Fraser containing two hundred forty acres more or less together with all buildings of every description thereof

11 I further give and bequeath to my beloved son Calder all my remaining timber land being one third of all I originally owned and containing seven hundred acres more or less

12 The bequest of farm and timber lands to my son Calder mentioned in paragraphs 10 and 11 of this document is upon the following conditions namely - when my son Calder McDonald becomes of the age of twenty one years or as soon after as my executors may require the said Calder McDonald shall pay or cause to be paid to my executors or to the Survivors of them and his Successor the Sum of eighteen hundred dollars ($1800) for the benefit of my daughters Cassie, Annie, `Lizzie and Viola as hereinafter directed and my executors shall be at liberty to take and accept from the said Calder McDonald a mortgage of the said farm and timber lands for the said Sum of eighteen hundred dollars interest to be a five per cent, and if the said eighteen hundred dollars be not paid or satisfied by mortgage by the said Calder McDonald within six months of his coming of twenty one years of age then all right- title and claim of the said Calder McDonald to the lands specified in paragraphs 10 and 11, is forfeited and becomes void and such lands shall be sold by my executors and the proceeds shall be divided between my Surviving children including Calder share and share alike

13 All live stock remaining of all fields, all farming implements tools and all wagons harness etc. all furniture and every thing of that nature in the house I leave to my executors for the use of Cassie, Annie, Calder, Lizzie and Viola during the minority of my son Calder, but when Calder becomes of the age of twenty-one all live stock, farming implements household furniture etc their on the farm or in the house to become his

14 All money paid to my executors or such portion of it- as may be deemed by them necessary, is to be used by my executors for the support of Cassie and any minor children until Calder reaches the age of twenty one years but when Calder attains his majority Seven thirtieths of all money belonging to my estate in the hands of my executors and a title to seven thirtieths of all money due the executors by sons or under the terms of this document shall be given to Cassie and a similar share and title to Lizzie and Viola when they respectively become of the age of twenty one years, but for Annie (deaf mute) the share and title is to be for nine thirtieths of the money and clauses aforesaid, thus Cassie, Lizzie and Viola are to receive at the rate of seven thirtieths each and Annie nine thirtieths but my executors are allowed to vary this proposition slightly if they should consider it advisable to do so

15 I authorize and empower my executors to make and execute all deeds transfers, leases or other documents connected with the management sale and disposal of any real estate or property hereby devised without application to the Probate or any other Court

16 Each of my executors shall only be held liable to account for such monies or funds as shall respectively come into his hands and shall not be responsible for each other or for the failure of any bank in which funds belonging to the estate may be placed or for involuntary losses, and they are hereby authorized to make such investments of my monies belonging to my estate as in their judgement may be safe and desirable

17 I hereby appoint William T Kennedy one of my said executors to be the guardian of all and each of my infant children until each of them shall arrive at the age of twenty one years

18 It is my desire that my daughters Cassie, Annie, Lizzie and Viola and my son Calder during the minority of my said son Calder shall continue to occupy the house and farm known as the old homestead and where they now live, and that they shall work together and conduct themselves in all respects- properly and live peacefully and happily

I give devise and bequeath to my beloved son Calder all my remaining share or interest in the Saw mill being one third of the whole mill

In witness whereof I the said Daniel K McDonald have hereto subscribed my name and Set my Seal this twenty Second day of February in the year of our Lord one thousand nine hundred and two.

Signed Daniel K McDonald L.S.

Signed Sealed published and declared by the above named Daniel K McDonald the Testator as and for his last Will and Testament in the presence of us who, both present at the same time who at his request and in his presence and in the presence of each other have subscribed our names as witnesses.

Signed Samuel Fraser
Signed Robert McIntosh

Both insertions and erasures in the foregoing the same as in the original will

John D. McLeod
Registrar

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 paper writing is a true copy of the last Will and Testament of Daniel K McDonald late of Sunny Brae in the County of Pictou Farmer deceased which said will was duly admitted to Probate in said Court at Pictou on the 31st day of March 1902.
Witness my hand at Pictou this 31st. day of March 1902.

John D. MacLeod Registrar

Stamp - PROVINCE OF NOVA SCOTIA, REGISTRAR OF DEEDS
Office, County of Pictou, JUL 3 1902 I certify that the within instrument was duly registered at 2:30 PM of the above day in Book 3 page 361-365 on the certificate of John D. MacLeod Reg

John Yorston Registrar.