Description Will of John McGillivary of Bailey's Brook, Pictou co., NS

(Typed)

Last Will and Testament of John McGillivary

Certified Copy for Registrar of Deeds.

I, John MacGillivray of Bailey’s brook, declare this to be my last Will and Testament.

I desire that my funeral obsequies shall be performed in the manner customary in the County.

I ordain that as soon after my death as may be convenient the sum of Twenty Dollars shall be appropriated from the proceeds of my personal property herein bequeathed to the Clergy of the Roman Catholic Church, for the Celebration of Masses for the repose of my soul.

I ordain that all my just and legal debts shall be paid out of the person property herein bequeathed.

I give in trust to my beloved wife all my real and personal property, goods, chattels, farm implements, gold, silver and promissory notes to have and to hols, for the support and maintenance of my children during the period of their respective minorities, after which period all such real and personal property goods, chattels, farm-implements, gold, silver and promissory notes subject to their disposal and disbursement at both periods to the reasonable control and direction of the guardians herein appointed, shall revert to my son, Angus Alexander as soon as he shall have arrived at the age herein specified.

I ordain that in the event of the death of my beloved wife before each and all of my children shall have attained their respective majorities, their guardians shall hold in trust for the support and benefit of my said children, all my real and personal property, goods, chattels, farm-implements, gold, silver and promissory notes hereinbefore given her in trust.

I give and bequeath to my son Angus Alexander my homestead farm and all my real estate wherever situate that I am seized or possessed of at the time of my death, to become possessed of the same as soon as he shall have arrived at the age of twenty-eight years.

I ordain that my sons, Angus Alexander, Alexander John, Donald Joseph and Hugh John, shall be supported, maintained and clothed during the period of their respective minorities, by my wife or guardians as the case may be in the manner customary in the Country: and that at the age of eighteen years, my sons, Alexander John, Donald Joseph, and Hugh John respectively shall be directed to learn such trades as circumstances and the good judgement of their guardians may determine; and that my sons Alexander John, Donald Joseph, and Hugh John respectively shall receive the ordinary branches of an English education: and that they, my said sons Alexander John, Donald Joseph, and Hugh John respectively shall assist their mother and brother Angus Alexander or any of their brothers who shall have control or management of my homestead farm herein bequeathed in all reasonable work on the farm as dutiful children in their minorities as accustomed so to do.

I ordain that my beloved daughters, Catherine Ann, Ann Mary and Isabella shall each of them respectively be taught Reading, Writing and Arithmetic; that all and each of them respectively shall have their maintenance and support during the period of their unmarried life out of the farm herein bequeathed: that my said daughters respectively shall at all times during the period of their unmarried life or during their stay with their mother and brother Angus Alexander or with any of their brothers who shall have control or management of my homestead farm herein bequeathed but subject to their reasonable commands and assist them in all house and farm work as they are at present doing for myself.

I ordain that should any of my aforesaid daughters become married each of them respectively so married shall receive as marriage portion, One Cow and Four Sheep from the stock or chattels on the farm at the time of such marriage.

I ordain that in the event of the death of my son Angus Alexander before he shall have arrived at the age of Twenty-eight years herein before specified my son Alexander shall succeed to all bequests herein before made to my said son Angus Alexander except as hereinafter provided.

I ordain that should my aforesaid son Alexander be in the good judgement of his guardians, deemed unworthy of trust or confidence in the direction and management of my homestead farm herein bequeathed, all bequests made and right of succession hereinbefore granted my son Alexander shall revert to the most trustworthy of my remaining sons: and lastly

I ordain that all the foregoing orders and decrees shall be duly and faithfully carried out and I hereby appoint Donald D. Macdonald of and Donald MacGillivray both of Bailey’s Brook, whom I make constitute and ordain guardians of my children and executors of this my last Will and Testament, ratifying and confirming this and no other to be my last Will and Testament.

IN TESTIMONY WHEREOF I have hereunto my hand and seal subscribed and set this fifteenth day of September in the year of our Lord, One Thousand Eight Hundred and Seventy-nine.

(Sgd) John McGillivary L.S.

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

(Sgd) John Joseph Chisholm
(Sgd) Dan McDonald.

Province of Nova Scotia
County of Pictou S.S.
IN THE COURT OF PROBATE

I, John D. McLeod, Registrar of said Court do hereby certify that the within or annexed typewritten paper is a true and Correct copy of the last Will and Testament of John McGillivary late of Bailey’s Brook in said County of Pictou Farmer deceased, which said will was admitted to Probate in said Court at Pictou in said County on the Eleventh day of November A.D. 1913.

Witness my hand at Pictou in said County this Eleventh day of November A.D. 1913.
John D. MacLeod Registrar

Stamp

PROVINCE OF NOVA SCOTIA, REGISTRAR OF DEEDS
Office, County of Pictou, NOV 22 1913 I certify that the within instrument was duly registered at 10 AM of the above day in Book 5 page 195 on the certificate of John D. MacLeod Reg

John Yorston Registrar.