Description Will of John McKay of Linacy Settlement, Pictou Co., NS

(Handwritten)

Estate of John McKay late of Linasy Settlement, Farmer, deceased, Testate

Copy of Will for the Registrar of Deeds

I John McKay of Linasy Settlement, in the County of Pictou and Province of Nova Scotia, Farmer, being of sound disposing mind and memory and taking into consideration the shortness of life and the certainty of death, Do make and publish this my last Will and testament, in the manner and form following –

1st. I commit my Soul to God hoping for the remission of all my sins through the merits and mediation of my Lord and Savior Jesus Christ and that my body be decently buried by my Executors hereinafter named, and for the worldly property wherewith it has pleased God to bless me I give and dispose of as follows -

2nd. I give and bequeath to my beloved wife Catherine all the Real estate or land I own within the limits of the Town of New Glasgow in the County of Pictou, lying and being on the west side of the East River bounded by the lands of John Cumming and the heirs of the late Hugh Fraser, Deacon, deceased, containing six acres, more or less – with the appurtenances, subject nevertheless to the following condition namely,

That should the herein devised Six acres of land be at the time of my death unsold, that then and after during the lifetime of her mother, she pay out of the proceeds of said land either of the price or otherwise towards the support and maintenance of her mother as aforesaid the sum of nineteen dollars yearly, being the amount which I am bound to pay her yearly during her lifetime, and also pay all rates and taxes raised or levied on or of said land, and further should after my death my said wife Catherine got married and at the time of such marriage have the said land in her possession and unsold, that she will then and in such case cease to own all or any part of said Six Acres of land and they will absolutely a to all interests and purposes
become the property of said heirs at Law.

Thirdly. I give and devise to my son Alexander Forty acres of land Situate and being at Linasy Settlement in the County of Pictou, bounded on the south by main road, on the east by the lands of one John Ross, on the north by the lands of John Grant and land herein devised to my son Angus C. McKay, and on the west by my old farm lot of land – with the privileges and appurtenances.

Fourthly - I give and devise to my son Angus Colin all and singular the rest of my real Estate , situate and being in Linasy Settlement in the County of Pictou, aforesaid and is bounded as follows- on the north by the lands of the late Patrick English, on the west by the lands of the heirs of the late Donald McKay deceased, on the South by the lands of the heirs of the late Donald McDonald, tailor, on the East by lands herein devised to my son Alexander, being the whole of my old farm lot of land and premises in Linasy Settlement on which I now reside, and also eight acres of the adjoining lot which eight acres are on the northwest corner of the adjoining lot I have herein devised to my son Alexander containing in all one hundred and fifty eight acres be the same more or less, together with all and singular the privileges and appurtenances thereto belonging to him and his heirs forever.

Fifthly - I give and bequeath to my beloved wife Catherine for her use during her lifetime, should she remain a widow the west end of the dwelling house containing two rooms on the ground floor and one half of the cellar and also half of the upstairs. Also the use of the two cows, and six sheep, the calves and the lambs of such cows and sheep to be her own property in each and every year during her lifetime. Also four hundred pounds of wheaten flour, three hundred pounds of oatmeal, thirty bushels of potatoes, one hundred and fifty pounds of good Beef, also fuel Coal or firewood in sufficient quantities and in a fit state to be used during each and every year or a part of a year during her natural life.
The several quantities herein named are yearly quantities and are to be given to her my said wife yearly and every year by my son Angus Colin hereinbefore and after named. The cows are also to be kept and fed by him for his mother’s use and if any one of such two cows die or are sold by him that he replace her with another so that he keep for his mother’s use at all times and at all seasons of the year ad during every year of her natural life of his mother my said wife Catherine should she remain unmarried, two cows and six sheep and also the before named quantities of food, fuel, and provisions for my wife his mother as aforesaid.

Sixthly - I give and devise to my son Angus Colin all the residue of my personal goods, chattels, and effects of every kind and description whatsoever, sane and except what money may be to my credit after all my debts are paid, which money are to be divided by my executors hereinafter named, in the following manner,

First to give to my daughter Catherine Sarah’s boy Hugh William twenty five dollars to give him Schooling and the remaining part of such money to be equally divided between my daughters Salome, Catherine, Sarah, and Ann Elizabeth, and my son Angus Colin hereinbefore named, and my wife Catherine.

Seventhly – I order and direct that my son Angus Colin my residuary legatee give to my daughters Catherine, Sarah, and Salome, should they get married in Nova Scotia and so desired it, one cow and three sheep each, and I further order and direct that my son Alexander to whom I have herein devised forty acres of land give to my daughter Salome twenty dollars, such sum to be paid to her by my executors within two years after my decease.

I hereby nominate and appoint my son Alexander, and Alexander McHardy of McLellan’s Mountain, Esquire, the Executors to this my last Will and Testament, thus revoking all former wills by me made and ratifying, confirming this and only this as my last Will and Testament.

In witness whereof I have hereunto Set my hand and Seal this sixth day of April in the year of my Lord one thousand eight hundred and eight two.

(Signed) John McKay L.S.

Signed, Sealed, published and declared by the said John McKay as and for his last Will and Testament, in our presence, who in his presence, and in the presence of each other and at his request Signed our names as witnesses thereto.

Signed ---- Alexander McHardy
" ---- Angus McKay

County of Pictou Sf
In the Court of Probate of Wills

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 John McKay, late of Linasy Settlement in the County of Pictou, Farmer, 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 February A.D. 1883.
John H. Lane Registrar

To John Ferguson
Registrar of Deeds for the County of Pictou

No Stamp

Province of Nova Scotia, Registrar of Deeds
Office, County of Pictou, 17th April 1883 I certify that the within instrument was duly registered at 3 PM of the above day in registry of Wills Book No 1, pages 171,172,173,174, and 175 on the certificate of John H. Lane Rgr.

John Ferguson Regr