Description Will of John W. McKay of New Glasgow, NS

(Handwritten)

Copy of last Will & testament of John W. McKay late of New Glasgow

This is the last Will and testament of me John W. McKay of New Glasgow, in the County of Pictou, Yeoman.

I direct my executors hereinafter named, as soon after my death as convenient to paid from the proceeds of my Estate all my just debts funeral expenses and the expenses connected with the settlement of my estate.

1. I give devise and bequeath to my beloved wife Flora all the money deposited by me in any bank or which I may be in any way entitled at the time of my death, and also all my personal property of every kind and description wherever situate excepting a certain claim held by me against one Robert Maxwell in this my last will and otherwise disposed of.

I also give devise and bequeath to my said beloved wife Flora, the dwelling house I now reside in Situate at West New Glasgow on lands of my said wife.

I also give devise and bequeath to my said beloved wife the proceeds of a certain lot of land sold by me heretofore to one Carrie Linton as per an agreement executed in the premises to have and to hold the said above mentioned bequests and each of them to her said my said beloved wife her heirs executors and administrators absolutely forever, a Condition of the above bequests being that my said wife shall formally relinquish all her claims for dower in my real Estate hereinafter mentioned.

2. I hereby direct my executors to use due diligence in the collection of my said claims against Robert Maxwell with power however to compromise for the same accepting a part for the whole should they deem it advisable so to do and when so collected to invest the same in some good security and to pay the interest arising therefrom annually to my said beloved wife during the term of her natural life and after her death I hereby devise and bequeath the principal thereof to Margaret S. Fraser and William Fraser children of my beloved sister Annie Fraser wife of Stewart Fraser to have and to hold the same to them their heirs, executors, and administrators absolutely forever, share and share alike.

In the event of the death of either of the said Margaret S. Fraser or William Fraser, before my said wife the whole of said bequeath shall go to the survivor and in the event of the death of both before my said wife then the said bequeath shall go to my sister Annie Fraser her heirs executors administrators absolutely forever.

3. I give devise and bequeath to my brother Normand McKay that block of land Situate at said New Glasgow and bounded as follows, that is to say Bounded Westerly by lands of the said Norman McKay, northerly by a proposed street the northern lone of a lot of land sold and conveyed by the devisor to one John R. Smith, Easterly b a proposed street thirty feet wide and Southerly by a prolongation of the northern line of lands of Fraser Brothers easterly until it intersects the said last mentioned proposed street, to have and to hold the same to him the said Norman McKay his heirs and assigns forever.

4. I bequeath the remainder of my real estate to Christy Sarle, Margaret McKay, Mary Catherine McKay, and Annie Fraser, my sisters and their heirs forever, share and share alike reserving thereout twenty percent of the proceeds of all such parts of said land as may be sold during the lifetime of my beloved mother Lilias McKay for the benefit of said Lilias McKay, and I hereby empower my executors should the same seem to them at any time advisable so to do, to sell and convey to any purchaser or purchasers four such considerations as they may deem sufficient the said lands bequeathed in and by the foregoing part of this paragraph or any part thereof and in the case of such Sale of the whole or any part during the life time of my said beloved mother Lilias McKay I direct my said executors to pay first out of any proceeds of such sales twenty per cent thereof as afore said to the said Lilias McKay and thereof to divide the balance equally among my said sisters their executors an administrators share and share alike, and in the event of such sale of real estate or any sale thereof being made after the death of my said beloved mother Lilias McKay then the whole to be equally divided among my said sisters their heirs executors, or administrators share and share alike.

5. I further direct that my brother Norman McKay in lieu of the bequest to him above made, do pay ten dollars each year to my said beloved mother Lilias McKay from the date of my death for and during the term of her natural life.

6. I appoint Norman McKay of said New Glasgow my said brother and James D. McGregor of same place Merchant executors of this my last Will hereby revoking all former any will or wills at any time heretofore made, and I direct that my said executors shall only be responsible for such moneys as they may respectively actually receive and shall not be answerable for each other nor for involuntary losses.

In witness whereof I the said John W. McKay, the testator, have to this my last Will and Testament contained in this and the preceding three sheets of paper, Set my hand and Seal this twentieth day of January A.D. 1892.

Signed John W. McKay L.S.

Signed by the Testator as for his last Will and testament in the presence of us present at the same time who at his request and in his presence and in the presence of each other have Subscribed our names as witnesses.

Signed ---- A. M. Fraser
" ---- Daniel Chisholm

County of Pictou Sf
In the Court of Probate of Wills

I do hereby certify that the foregoing instrument consisting of three pages and part of a page, is an exact and literal copy of the last Will and Testament of John W. McKay late of New Glasgow in the County of Pictou, Yeoman, 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 30th. day of July A.D. 1892.
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, 15th AUGUST 1892 I certify that the within instrument was duly registered at 3:10 PM of the above day in Wills Book 2, pages 235-6-7 on the certificate of John H. Lane Rgr.

John Yorston Registrar