Description Will of Henry J. Townsend of New Glasgow,, NS

(Handwritten)

Will of Henry J. Townsend, deceased

Certified Copy of Will for Reg of Deeds Pictou

I Henry J. Townsend of New Glasgow in the County of Pictou Contractor declare this to be my last will and Testament.

1. I do hereby devise and bequeath to my wife Jemima all my real and personal estate of every nature and kind which respectively at the time of my death shall belong to me to be held by her for and during the term of her natural life my meaning and intention being that my said wife shall possess and hold all my said estate and enjoy all the income interest or profits and privileges arising therefrom until her death.
2. I immediately after my wife's death I direct my executors to pay the legacies which I now bequeath namely to my sister Mary's daughter five hundred dollars. To the Church of England two hundred fifty dollars. To Sadie Fraser daughter of Mrs. Annie Fraser one hundred dollars. To Eliza McLellan daughter of James P. McLellan one hundred dollars.
3. After my wife's death I direct my executors to pay the legacies which I now bequeath as follows, To Henry John, Nora and George my grandchildren, children (this first page is signed H.J.T. with date Feb. 14/99) of my late son Henry J. Townsend the sum of two thousand dollars each. To Helena and Graham my grandchildren, children of my son George Townsend one thousand dollars, provided however that payment of these legacies is not to be made to any of them my grandchildren until each respectively comes of age If any or all of my said grandchildren have not at the time of my wife's death come of age then I direct my executors to place in some chartered Bank or in the Dominion Savings Bank the amount or amounts bequeathed as above to each of my said grandchildren not of age at the time of my wife's death, the bequests with interest accrued to be paid out to each respectively whenever they said grandchild or grandchildren respectively comes of age.

Notwithstanding any thing above however it is my will that the above bequests to my grandchildren be upon the following express conditions namely,

(a) should one or more of my said grandchildren Henry John Nora or George die before coming of age the share or shares of such deceased grandchild or grandchildren is to be accrued to the Survivor or Survivors in the latter case (second sheet signed and dated as the first) in equal proportions. But if all die before coming of age then the amount bequeathed to them and all accrued interest reverts to become and is the property of my son George absolutely.

(b) Should either of my said grandchildren Helena or Graham die before coming of age does shares of said grandchild dying is to accrue to the Survivor but if both die before coming of age then the amount bequeathed to them and all interest accrued upon the same shall revert to be the property of my son George, or if my son George should also be dead then it should be it shall be and become the property of my daughter in law Jessie Townsend wife of George Townsend. But if she also be dead that the same shall be divided between the Aberdeen Hospital and the Church of England in the Parish.

4. At the time of my wife's death my farm upon which I now reside shall become the possession of my only son George Townsend in shall be held and used by him free of rent he paying the taxes on the same only until the youngest of my said hereinbefore mentioned grandchildren living at the time of my death shall become of age when they said farm shall be sold and converted into cash in the same divided equally among my said grandchildren.

Provided however that my son George shall have the first chance or offer to purchase the said farm at a price to be fixed (sheet signed and dates) by an arbitration composed of the Town Assessor for the time being and two evaluators one appointed on behalf of children of George and the other on behalf of the children of Henry.

Provided however I will and direct that the said rule which I have heretofore laid down for this descent and revision of the money bequests to my grandchildren shall govern the devise and bequests and be applied in case of the death of my grandchildren or any of them.

Furthermore should my said son George Townsend die before all my said grandchildren come of age and all my said grandchildren die before coming of age then I will and direct that my said farm be handed over to the Church of England New Glasgow to be used by them in farming or farm for the maintenance of this Church of England in this Parish.

I appoint my son George Townsend and Robert McGregor son of James McGregor executors of this my last will.

In witness whereof I have hereunto set my hand this fourteenth day of February AD 1899.

Signed   Henry J. Townsend       LS

Signed by the said testator as an for his last will and testament 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 set our hands as witnesses.

Signed   R. H. Graham

Signed   Albert King

I Henry Townsend the within named testator hereby publish this codicil to the written will, I will and direct and do hereby revoke the bequest of two thousand dollars to my grandchildren Henry John Nora and George contained in the written will and do hereby bequeath in lieu thereof the sum of fifteen hundred dollars to each of them the same to be governed by the same conditions and provisos every particular as was set out for the said bequests of two thousand dollars to them.

Dated the fifteenth day of February AD 1899.

Signed     Henry JJ. Townsend

Signed by the said testator is a codicil to this written 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.

Signed   R. H. Graham

Signed   Albert King

County of Pictou S.S.

In the Court of Probate of Wills

In the matter of the estate of Henry J. Townsend deceased Testator.

I do hereby certify that the foregoing paper writing is a true copy of the last Will and Testament and Codicil of Henry J. Townsend late of New Glasgow in the County of Pictou Customs Officer deceased which said will was duly admitted to Probate in said Court.

Given under my hand at Pictou this 19^th. day of September AD 1899.

John D. MacLeod Registrar

Stamp

PROVINCE OF NOVA SCOTIA, REGISTRAR OF DEEDS

Office, County of Pictou, SEP 19 1899 I certify that the within instrument was duly registered at 11 AM of the above day in Book 3 page 217-220 on the certificate of John D. MacLeod Reg

John Yorston Registrar.