Description Will of Hugh McGillivray of Bailey's Brook, Pictou Co., NS

(Handwritten)

Estate of Hugh McGillivray late of Bailey’s Brook, deceased, Testate

Certified Copy of Will for the Registrar of Deeds

This is the last Will and Testament of Hugh McGillivray of Bailey’s Brook in the County of Pictou, desiring to dispose of my property now that |I find myself sane in mind and body, I desire that my funeral shall be made according to the Custom of the Country.

I desire that my just debts hall be paid by my beloved son Donald McGillivray at present residing with myself from the proceeds of the personal property hereby bequeathed.

I ordain give and bequeath to my son John McGillivray five acres of land of my sisters Mary and Margaret McGillivray in a parallel line with the division line between my said sisters and my own and from front to rear together with the plot of land known as “vacant or Gairloch” lot so called, subject to the following conditions, that is provided that he my said son John comes home and settles himself down with my said sisters, and also provided that they my said sisters deem it proper and in their interest, or the survivor of either of them shall bequeath by Will or execute a deed of their farm or homestead to my said son John, then in that case to have and to hold the said lands for his own use forever, provided also that in case my said son Joh does not return home or fails to enter into the necessary terms with my said sisters, then in that case I ordain that the said lands shall revert to my said son Donald for is absolute use and benefit.

I ordain that my daughter Catherine McGillivray shall during her unmarried life be supported, maintained, and clothed, by and at the expenses of my said Donald, in the manner customary in the country according to her degrees in life, that she shall receive the sum of eight dollars annually from my said son Donald during her stay with him and during her unmarried life, that she shall be subject to his reasonable commands and shall assist him in all house and farm work as she is at present doing for myself.

To my son Donald aforesaid I bequeath all of my personal property, goods, chattels, furniture, farm implements, Gold and Silver, of which I die possessed and seized, or in any way entitled to, and wheresoever situate, to have and to hold.

To my son Donald I bequeath the rest and residue of my real estate that at the time of my death I may die seized of to have and to hold the same forever, subject however to the ongoing reservations.

And lastly I ordain that all the foregoing orders and decrees shall be duly and faithfully carried out and I hereby appoint Donald McDonald Gusset Bailey’s Brook, and Donald McGillivray Hugh son Bailey’s Brook whom I make constitute and ordain executors of this my last Will and testament ratifying and confirming this and no other to be my last Will and Testament, this thirtieth day of May, in the year of our Lord One thousand eight hundred and eighty four.

Signed X his mark Hugh McGillivray L.S.

Signed, Sealed, Published, and declared by the Testator as and for his last Will and Testament who in in his presence and in the presence of us, who in his request and, and in the presence of each other have hereto Subscribed our names as witnesses at his request.

Signed ---- D. D. MacDonald
    "     ---- Donald McDonald

This is a Codicil to the last Will and Testament of me Hugh McGillivray dated the thirtieth day of May A.D. 1884.

I give and bequeath to my said sisters Mary and Margaret Eighty one acres of the land that I own in the County of Antigonish and situate in the mountain settlement and described in deeds to me from one Alexander Hastie and wife, bearing date of the fifteenthe day of May A.D. 1862, to have to hold the same for their own use and benefit.

To my son Donald I give and bequeath the rest or residue of said lot, for his use and benefit.

I ordain that for the convenience to my said sisters and son Donald that thye shall mutually and in common take and use the timber or wood, on the said lot land, as they respectively need it for fencing or for firewood, but if at any time they disagree about it, I decree that the lot be divided as above stated, and in case of dispute in the divisions of the same, I order that it be referred to the good judgement and direction of the executors herein appointed.

In all other respcts I do confirm my said will.

In witness whereof I have hereunto my hand and Seal this tenth day of June A.D. 1884.

Signed     X his mark  Hugh McGillivray

Signed, Sealed, Published, and declared by the Testator as and for his last Will and Testament who in in his presence and in the presence of us, who in his request and, and in the presence of each other have hereto Subscribed our names as witnesses at his request.

Signed ---- D. D. MacDonald
    "     ---- Donald McDonald

County of Pictou Sf
In the Court of Probate of Wills

I do hereby certify that the foregoing instrument consisting of three pages, is an exact and literal copy of the last Will and Testament of Hugh McGillivray late of Bailey’s Brook, in the County of Pictou, 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 25th day of November A.D. 1885.
John H. Lane Registrar

To Registrar of Deeds for the County of Pictou

No Stamp
Province of Nova Scotia, Registrar of Deeds
Office, County of Pictou, 19th March 1886 I certify that the within instrument was duly registered at 11 AM of the above day in Registry of Wills Book No.1, pages 329,330 & 331 on the certificate of John H. Lane Rgr.

John Ferguson Regr