Description Will of John MacKay, Esquire, of New Glasgow, NS

(Handwritten)

Estate of John MacKay late of New Glasgow, Esquire, deceased, Testate

Copy of Will for the Registrar of Deeds

This is the last Will and Testament of me John MacKay of New Glasgow in the County of Pictou, Esquire.

First, I grant, give, devise, and bequeath unto my son Norman McLeod McKay and his heirs all that contain part of my farm on which I now reside Beginning at the south side of the main highway, leading to Little Harbour at the Northwest corner of lands belonging to the heirs of Andrew Ross, late of New Glasgow deceased. Thence to run Southeasterly along the line of the said lands, until it comes to the Northeast corner of the lands convergent by me to my son John William McKay. Thence Southwesterly along the first line of the said John William lands until it comes to the South western corner, Thence Southeasterly along the side line of John William’s lands until it comes to the cross brook or ‘dry brook’ so called being the Southwestern bounds of the noncultivated part of my farm. Thence Southwesterly along the said cross brook until it makes twelve (12) rods at eight angels with the last mentioned side lines. Thence northeasterly parallel with the said line, being also parallel with the Telegraph Lane so called (words north, thirteen and with were scratched out and south, twelve and with added margin initialed J.M.K.) until it comes to the foresaid Little Harbour main highway, and thence easterly along said highway to the place of beginning.

And I also give, devise, and bequeath unto my said son Norman McLeod one horse, and all the farming implements that may be on the place at the time of my demise.

I further order as a condition of the foregoing devise that my said son, Norman McLeod, shall yearly and every year, during the lifetime of his Mother, my wife Lillias MacKay, pay her the sum of Eight pounds currant money of this Province, and also, that he shall pay yearly and every year during her said life, keep and maintain two cows and eight sheep for her sole use, and likewise, provided her sufficient quantities of feed during her said life.

Secondly – I grant, order, devise and bequeath unto my son Angus MacKay and his heirs, our fourth part of an acre of land, for a building lot, to be laid off at the angle which the mountain road makes with the Little Harbour road, opposite the School House.

Thirdly – I give, devise and bequeath all the remaing part of my farm, excepting welling house Garden & Barn (these were inserted) with all the messuage, buildings and appurtenances in trust (last two words inserted) unto John William MacKay, my son, James Fraser, Esquire of New Glasgow, and William Fraser, Postmaster, hereinafter named, their heirs ad assigns, To Have and To Hold the said remainder with full power, and in trust, to sell, dispose of, grant and convey the whole or any part or parts thereof, to any purchaser or purchasers absolutely and in fee, by public or private Sale, or contract, from time to time, as my executors may deem fit, and that out of the proceeds of such property, and Sale my Executors shall first pay all my just debts, Funeral and Testamentary expenses, and shall hold the surplus of such sale or disposition in trust, to invest the same at interest or otherwise dispose thereof as they may judge best for the use and benefit of my wife and six children – Christy MacKay, Jessie MacKay, Margaret MacKay, Mary Catherine MacKay, and Annie MacKay – or the survivors of them, at the time being in manner and proportion as my said executors may think proper.

Fourthly – I will and direct that such monies as may arise from the sale of such lands, or interest accruing from investments of such monies, or in any other way therefrom, shall be distributable as aforesaid until ten years after my decease, during and until or benefit desirable the end of which time – my said Executors or Trustees shall control and manage and shall apportion and distribute any profit therefrom among my said wife and six children or the survivor of them according to the judgement and discretion of my said Executors or Trustees.

Fifthly – I will declare and direct that at a convenient time before the expiration of the said ten years my said executors (inserted) complete the sale of the said excepting dwelling house, garden and barns(inserted) and call in all monies that may be due by former sales, or monies invested, and shall at the end of such ten years, after deducting all reasonable charges, which monie shall be equally divided among my said wife and six children share and share alike, leaving it optional with my said Executors , or Trustees to invest my son Alexander’s share for his benefit or pay it to him in their best judgement and discretion.

Sixthly – Beside the provision made herein the first and fifth clauses of this instrument, I will,, declare and order that my said wife Lillias McKay shall have the dwelling house, Garden and Barns under her Sole control during her natural life, and that after her decease, I will and order, that the said dwelling house and Garden shall be exclusively the property of my said six children, or the survivor of them, and that the Barn be the property of my said son Norman McLeod, and I also will, and give, all my personal property to my said wife, excepting so much thereof as has already been devised, and I further order that my son John William shall pay my said wife the yearly rent in his deed from me.

Sixthly - I name, authorize and appoint the foresaid John William McKay & Tho. Edward Fraser, Esquire and William Fraser, all of New Glasgow, aforesaid, to be my Executors and Trustees, of, and under this my last Will and Testament.

Seventhly - I do hereby revoke and annul all former Wills and Testaments by me made.

In witness whereof I have to this my last Will and Testament Subscribed my hand and set my Seal this tenth day of September in the year of our Lord, one thousand eight hundred and sixty six.

Signed John MacKay L.S.

Signed, Sealed, and declared in the presence of us, in his presence, and by his discretion have hereunto Subscribed our names as witnesses.

Signed ---- David Marshall
" ---- John W. McKay

This is a Codicil to the last Will and Testament of one John MacKay of New Glasgow in the County of Pictou, Esquire, made this first day of |August, Anno Domino, 1872.

Whereas by my said will I have granted and bequeathed unto my late son Angus, now deceased, one quarter of an acre of land at the angle of intersection of the old Mountain Rad with the Little Harbour road, as mentioned in the foregoing will. Now I hereby revoke the second section o my said will and I do hereby grant, order and bequeath the said corner lot mentioned in the second section of said Will to my beloved wife Lillias McKay her heirs forever, but I confirm my said Will in all other respects.

Signed John MacKay L.S.

Signed by the said John McKay the Testator as a Codicil to the foregoing Will in our presence and the presence of each other at the same time subscribed our names as witnesses.

Signed A.P. Olding
“ William Smith

County of Pictou Sf
In the Court of Probate of Wills

I do hereby certify that the foregoing instrument consisting of four and a half pages, is an exact and literal copy of the last Will and Testament and Codicil of John MacKay late of New Glasgow in the County of Pictou, Esquire, 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 16th. day of October A.D. 1884.
John H. Lane Registrar

To the Registrar of Deeds for the County of Pictou

No Stamp

Province of Nova Scotia, Registrar of Deeds
Office, County of Pictou, 5th Nov 1884 I certify that the within instrument was duly registered at 1 PM of the above day in the registry of Wills Book No 1, pages 254, 255, 256, & 257 on the certificate of John H. Lane Rgr.

John Ferguson Regr