Description Will of John McIntosh of Stellarton, Pictou Co., NS

(Handwritten)

Estate of John McIntosh late of Stellarton, Contractor, deceased, Testate

Copy of Will for the Registrar of Deeds

I John McIntosh of Stellarton in the County of Pictou hereby revoke all former wills and testamentary dispositions made by me and declare this to be my last Will and testament.

I appoint William H. McIntosh and George McIntosh my brothers to be the Executors and trustees of this my last Will. And I appoint my dear wife Elizabeth Catherine McIntosh to be the Guardian of my infant children but if my said wife should die during the minority of any of my infant children, I direct that George McIntosh my brother shall be guardian during the remaining period of their minority.

I give devise and bequeath to my said trustees all my real and personal estate upon trust, that after payment of my funeral and Testamentary expenses and debts. They shall receive, collect, household and hand possessed of all my said estate, until the twenty second day of February one thousand nine hundred and seven, on which day my son Hugh Robert Ross McIntosh shall be of the full age of Twenty one years, and I declare that is shall not be lawful for my said trustees to sell any of the real estate herein devised nor to change any of the Investments, nor to sell or dispose of any of the stock hereby bequeathed but all the same shall be and remain as it is at this date until the 22nd. Day of February A.D. 1907. In trust to pay all rents of house, shops, offices, and lands, dividends, interest, moneys arising from mortgages, notes, and from the Sale of farm produce, and all other income, of my Estate whatsoever, after deducting all amounts payable for taxes, calls on stock, necessary repairs to Buildings, and other necessary expenses of my estate, to my wife Elizabeth C. McIntosh, until the said 22nd. Day of February A.D. 1907.

But if my said wife shall die before the 22nd. Day of February A.D. 1907 then until the said date my said trustees shall draw and apply from all the income of my estate such amount ash shall be necessary and proper for the suitable support maintenance and education of my children Mary G. McIntosh, Hugh R. Ross McIntosh, and Jessie d. McIntosh and the surplus if any shall be deposited in the Bank of Nova Scotia, to the credit of my estate.

2. In trust my said Trustees shall on the 22nd. Day of February A.D. 1907, give and convey to my daughter Jennie McIntosh for her lifetime only and after the death to her oldest living child, But is she die without lawful issue her surviving them to her remaining full sisters survive her then to her surviving full bother or brothers, The Southern end or part of the Brick Building on Main Street Stellarton N.S. being the offices now occupied by the Bank of Nova Scotia including the cellar under said offices,

Also one half of the lot in rear of said Brick Building being a strip of land Twenty six feet wide more or less, running east from the Brick Building to the rear of the lot, and all the outhouses on said strip of land.

Also a right of way of the same width as the opening between the house and shop now owned by William McKinley Esq. and the house and shop now owned by A.C. McDonald Esq. said right of way to run across from northern side of said strip of land, (lands hereinafter devised in trust to Isabella M. McIntosh at a distance of not more than twenty feet from said Brick Building to lead to said Main Street) also the sum of Five $500.00 hundred in Cash to be paid out of stock hereafter described for her brother John McIntosh on the 22nd. Day of February A.D. 1907., as Jennie McIntosh’s share of stock in the new Glasgow iron coal and Railway Co. If Jennie McIntosh is not living on the 22nd. Day of February A.D. 1907 the five hundred Dollars shall be payable to Isabella M. McIntosh and Margaret C. McIntosh.

3. In trust that my said trustees shall convey and give on the 22nd. Day of February A.D. 1907, to my daughter Isabella M. McIntosh for her lifetime only, and after her death to her oldest living child but if she dies without lawful issue her surviving them to her surviving full sister or sisters and if none of her full sisters survive her then to her full Brother or brothers the northern end or part of the said Brick Building not hereinbefore devised to Jennie McIntosh of said Brick Building. Being the shop now occupied by E.N. Harper Esq. including the dwelling apartments over said shop and over the banking offices and including the cellar underneath the said shop which is divided from the cellar devised to Jennie McIntosh by a Brick Wall.

Also one half of the lot in rear of said Brick Building being a strip of land twenty six feet wide more or less, adjoining the strip of land hereinbefore devised to Jennie McIntosh and running from the said Brick Building to the rear of Lot subject however to the right of way hereinbefore granted and devised to Jennie McIntosh over said land,

And I further direct that all expenses for the external repairs on the said Brick Building after the 22nd. Day of February A.D. 1907. Shall be shared and paid equally by my daughters Jennie McIntosh and Isabella M. McIntosh, or those who will take after them, respectively under this will, for further description of the lands and premises described in clause 2 and 3 of this my will see deeds Donald McKenzie and others to John and Mary W. McIntosh also Mrs. Gillespie to John McIntosh.

4. In trust that my said trustees shall on the 22nd. Day of February A.D. 1907. Give and convey to my daughter Margaret C. McIntosh for her lifetime only, and after her death to her eldest living child, but if she die without lawful issue her surviving them to her full surviving sisters or sisters, and if none of her full surviving sisters, then to her full surviving Brother or Brothers, all that lot of land situated on the main road leading from Stellarton village to Ferrona Bounded on the north by lands of David Fraser Esq. on the south by right of way or strip next to lands of William A. Cameron Esq. one hundred feet in width running West, to I.C. Railway fence for further description see deed to John McIntosh from Acadia Coal Co. also sum of One thousand five hundred Dollars, to $1500 erect a house outhouse fences re. on said lot.

5. In trust that my said trustees shall on the 22nd. Day of February A.D. 1907. To my son John McIntosh all my stock and interest in the New Glasgow Iron Coal and Railway Co. at Ferrona consisting of Twenty shares of one hundred dollars each, also all my Stock in the Londonderry Iron Coal Limited, consisting of six hundred and nine shares of one dollar each of common stock and one hundred and fifty two shares of one dollar each of preferential stock also all my stock in the Eastern Assurance Co. paid amounting to Two hundred and fifty dollars.,

My son John McIntosh will give his full sister Jennie McIntosh on the 22nd. Day of February A.D. 1907 the sum of Five hundred dollars to be her share of the stock of the New Glasgow Iron Coal and Railway Co.
If hi full sister Jennie McIntosh is not living the 22nd. Day of February A.D. 1907. The five hundred Dollars will be payable to Isabella M. McIntosh and Margaret C. McIntosh equal shares of Two hundred and fifty dollars each. If my son John McIntosh should die before the 22nd. Day of February A.D. 1907. Donald McIntosh his full brother will receive his share on the same conditions as is hereinbefore mentioned for his Brother John McIntosh.

6. In trust to give and convey on the 22nd. Day of February A.D. 1907. To my son Donald McIntosh all my stock and interest in the Nova Scotia Steel & Forge Co. Limited consisting of Eleven shares of one hundred dollars each of Preferential Stock & Eighteen shares of ordinary stock. If my son Donald McIntosh should die before the 22nd. Day of February A.D. 1907. His share will be payable to his half brother Hugh Robert Ross McIntosh.

7. In trust that my said Trustees shall on the 22nd. Day of February A.D. 1907. Give and convey to my Daughter Mary G. McIntosh for her lifetime only, and after her death to her eldest living child, but if she die without lawful issue her surviving them to her full surviving sisters or sisters, and if none of her full surviving sisters, then to her full surviving Brother or Brothers, all the dwelling house & premises situated on Marsh Street in the Town of New Glasgow N.S. now occupied by Thomas G, McKay Esq. as a Tenement.

8. In trust that my said Trustees shall on the 22nd. Day of February A.D. 1907. Give and convey to my son, Hugh Robert Ross McIntosh all the homestead, houses, and lands on the main road leading from Stellarton to Ferrona for further description of same, see deeds from James Muir and wife, Jessie Calder, Samuel Culton, Robert Culton, and Alexander Culton, to John McIntosh, and shall also give and convey to my said son Hugh R. Ross McIntosh all the animals, waggons, carriages, etc. household furniture, etc., with the exception of the Piano, my daughter Jennie McIntosh to get the Piano on the 22nd. Day of February A.D. if living. If not living on 22nd. Day of February A.D. my daughter Mary G. McIntosh to receive the Piano.
Hugh R. Ross McIntosh to receive all other movables except the Furniture. If my wife Elizabeth C. McIntosh will build a house on lot hereinafter described she can take what furniture etc. she may require. My son H.R. Ross McIntosh to receive my Gold watch and chain also all the Stock in the New Glasgow Electric Light Co. consisting of Ten shares of Preferential Stock and five shares of ordinary stock, shares one hundred dollars each with Bonus – see Certificate for Stock and Coupons, also all moneys in Bank not hereinbefore or hereafter mentioned. Also my interest in Gold mine Area claims etc. or any interest therein, and all the Residue of my Estate, real or personal which is not herein specially devised or bequeathed in my will,

And I direct that my said wife Elizabeth C. McIntosh during her lifetime shall have her home with her son, Hugh R. Ross McIntosh if she so desires. My daughters Jennie, Isabella M., Margaret C., Mary G. and Jessie D. McIntosh shall have their home any time they desire on main road leaving to Ferrona, until Hugh R. Ross McIntosh is the full age of 21 years on the 22nd. Day of February A.D. 1907.

I further direct and order that my said son Hugh R. Ross McIntosh shall and after the 22nd. Day of February A.D. 1907 give and convey if she so desire, to my said wife E. C. McIntosh but of her lifetime only a lot of land in the west side of the road leading from Stellarton to Ferrona Fifty feet running East and West, on the South side if the Pipe line next to main road, reserving fifty feet South of the Pipe trench for a street and right of way to be in common between the Town of Stellarton and H.R. Ross McIntosh said lot of land to be one hundred and Seventy ft. in depth South side of Pipe Trench or one hundred and twenty feet from the line of said street or sidewalk.

\9. In trust that my said Trustees shall on the 22nd. Day of February A.D. 1907. Give and convey to my daughter Jessie D. McIntosh for her lifetime only, and after her death to her eldest living child, but if she die without lawful issue her surviving them to her full surviving sisters or sisters, and if none of her full surviving sisters, then to her full surviving Brother or Brothers, all the house and lot & premises situated on Marsh Street in the Town of New Glasgow N.S. East of the house and lot, hereinbefore devised and bequeathed to Mary G. McIntosh being the premises now occupied by James Rhind, Esq. as a Tenement.

10. In Trust to pay and deposit in the Bank of Nova Scotia, to the credit of my said wife Elizabeth C. McIntosh all moneys arising from my Life Assurance Policy in the Canada and the New York Life Assurance Co. as soon as possible after my death, and I further direct that my said wife may draw all the interest of said moneys during her lifetime and such part of the principal as she may require for the necessary support and maintenance of said E.C. McIntosh, Mary G. McIntosh, and Jessie D. McIntosh, and I further direct that if my said wife shall at any time desire to Build a house for herself on the said lot hereinbefore provided for her, she will receive the sum of One thousand dollars out of moneys in Bank, when her son Hugh R. Ross McIntosh is the full age of Twenty one years, said house and lot of built shall revert back to Hugh R. Ross McIntosh at the death of his mother Elizabeth C. McIntosh. If said house will not be built Elizabeth C. McIntosh my wife can use the Interest and such part of the principal as she may require for the support of Elizabeth C. McIntosh, Mary G. McIntosh, and Jessie D. McIntosh of the one Thousand Dollars hereinbefore mentioned.

I further direct that all monies on deposit in the Bank or elsewhere arising in any case from said Life Assurance shall after the death of Elizabeth C. McIntosh notwithstanding any thing herein contained shall be and become the property of Mary G. McIntosh, and Jessie D. McIntosh, but if my said wife Elizabeth C. McIntosh should die before the 22nd. day of February A.D. 1907 then the said life assurance money shall be held in Trust by my said Trustees for the said Mary G. McIntosh, and Jessie D. McIntosh and shall be equally divided on the 22nd. day of February A.D. 1907, and I further direct that no further claims of any of my heirs shall be made on this my life assurance moneys.
If Elizabeth C. McIntosh my wife, Mary G. McIntosh, and Jessie D. McIntosh, should die before the 22nd. day of February A.D. 1907, al the Life assurance moneys shall pass to and become the property of my son Hugh R. Ross McIntosh.

The agents for the life assurance Co. named the Canada Life of the Dominion of Canada is D.C. Fraser Esq., of New Glasgow. The Agent of the New York Life in the U.S. is Hector Sutherland Esq., of New Glasgow.

11. In Trust on the 22nd. Day of February A.D. 1907 to pay to the Presbyterian Church of the Maritime Provinces, the following sums viz. One hundred Dollars for Foreign Missions, fifty dollars for the Home Missions, Twenty five dollars for the French evangelization, Twenty five dollars for the B. & F. Bible Society.

12. In Trust on the 22nd. Day of February A.D. 1907 to pay to my sister Mrs. Joseph Vaux if living the sum of One Hundred Dollars.

13. I hereby declare that the Bequests in clause 11 Eleven, clause 12, twelve be a first claim out of moneys in Bank before any divisions made.
I further declare that all gifts devises and etc. herein made or any bequests given to my said daughters and Sister, and everyone of them, are for their and each of their Sole benefit and separate use free from the control and restraints of their husbands with whom they have now intermarried or may hereafter Intermarry and without any power to dispose thereof, in the way of Anticipation.

14. I further declare that of my said son Hugh R. Ross McIntosh shall die on or before the 22nd. Day of February A.D. 1907 then all the real and personal property moneys etc. herein devised, and Bequeathed, to the said H.R. Ross McIntosh, shall pass to and be given and become the property of my son Donald McIntosh, who shall take the same on the said 22nd. February A.D. 1907.
Upon the trust and subject to the obligations and directions herein imposed and given to my said son Hugh R. Ross McIntosh, and shall carry out in full all obligations until the death of my wife Elizabeth C. McIntosh.

15. I further declare the note of hand amounting to Four hundred Dollars $400.00 dated at Chicago Illinois U.S. on the fifteenth 15th. Day of August 1873, The said not payable at the death of Alexander D. McKenzie by his will, at his death shall be paid to Jennie, Isabella M. and Margaret C. McIntosh the Total amount with interest to be equally divided share and share alike for their own use, as hereinbefore mentioned, see note from Alexander D. McKenzie to John McIntosh.

16. I further declare that the note of hand from Hector McLean, Mason, deceased amount of note One Hundred dollars, $100.00 shall be payable to my wife Elizabeth C. McIntosh for Jessie D. McIntosh, when Jessie D. McIntosh is eighteen years of age, there will be no compulsory measures taken to collect note of Hector McLean now deceased.

Signed John McIntosh L.S.

Signed by the abovenamed John McIntosh as his last Will in the presence of us both being present at the same time, who in his presence and in the presence of each other have hereunto Subscribed our names as witnesses.

Witnesses
Signed W.H. McIntosh
“ George McIntosh

March 15, 1895

County of Pictou Sf
In the Court of Probate of Wills

I do hereby certify that the foregoing instrument consisting of 10 pages, is an exact and literal copy of the last Will and Testament of John McIntosh late of Stellarton in the County of Pictou, Contractor, 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 twentieth day of November A.D. 1897.
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, 6th Dec 1897 I certify that the within instrument was duly registered at 11:15 AM of the above day in Will Book 3, pages 131 to 137 on the certificate of John H. Lane Rgr.
John Yorston Registrar