Description Will of Allan Weir of Churchville and Pine Tree Gut, Pictou Co., NS

(Handwritten)

Estate of Allan Weir late of Pine Tree Gut, Yeoman, deceased, Testate

Copy of Will for the Registrar of Deeds

This is the last Will and Testament of me Allan Weir of Churchville East River in the County of Pictou, Yeoman.

I give devise and bequeath all my lands Real and Personal Estate, property, rights Credits and effects whatsoever to my Executors hereinafter named to wit my sons Duncan Weir and Jonathan Weir and John McKinlay of Pictou, Esquire their heirs and assigns in Trust to grant sell convey and dispose of the same at Public or private Sale and to convert the same into money or a fund and after payment of all my just debts, funeral and Testamentary expenses. I direct that out of such fund there shall be paid to my son Duncan Weir the sum of Six hundred Dollars. To my son James Weir Six hundred Dollars. To my son Jonathan Weir Six hundred Dollars, To my son Andrew Weir Eight hundred Dollars, and I will and direct that the last named sum or bequest to Andrew Weir shall be accepted by lieu in heir and discharge of all and any debt claims and demands which the said Andrew Weir shall or may have or claims or allege to have against my Estate and shall not be paid to him unless so accepted in full discharge.

I will and direct that my Executors reserve Two hundred Dollars for the erection of a suitable Tombstone over my wife and myself. I also Will and direct that my executors pay to Janet Stalker the daughter of the late John Stalker of Barney's River the sum of Four hundred Dollars being the same sum which my late wife wished to bequeath to the said Janet by a Will of her my said wife.

I will and direct that my Executors shall pay to my son John Weir the sum of Twenty dollars and also that if the said John Weir shall pay up all the Interest due and which shall be sue at the date of my decease on and by Virtue of the Mortgage made by the said John to me dated on or about the 28^th. day of March A.D. 1855 for four hundred pounds, then and on such payment of all the said interest I Authorize direct and empower my Executors to release and discharge the said Mortgage ad principal sum thereby secured freely and without any Consideration or cash unto the said John Weir his heirs or assigns.

I will and direct that any residue of my Estate remaining undisposed of shall be equally divided amongst and paid to my said sons Duncan Jonathan James and Andrew. I also Will and direct that he Child or Children of nay of my four sons shall take the share of any deceased parent and in case there should be a deficiency of my estate to pay in full all the foregoing legacies and bequests after payment of all debts and testamentary charges I will order and direct that such deficiency shall be borne by and deducted from the legacies to my said four sons Duncan James Jonathan and Andrew, rateably in proportion to their respective legacies.

I Authorize and appoint the said Duncan Weir Jonathan Weir and John McKinlay as Executors and Trustees of and under this my last Will and testament to which I set my hand and Seal at Pictou this Tenth day of September A.D. 1877 and I revoke and declare to be null and void all other Wills by me heretofore made.

Signed       Allan Weir       L.S.

Signed, Sealed and declared by the Testator as and for his last Will & Testament, in the presence of us, who all together at the same time in his presence and at his request have subscribed as witnesses.

Signed      ---- A. J. Patterson

   "              ---- Allan A. Ferguson

   "              ---- John McKinlay

I, Allan Weir of Churchville East River County of Pictou and now of Pine Tree Gut in said County do make and declare this to be a codicil to my last Will and testament hereinbefore written, Having by said will directed that any Residue of my estate remaining undisposed of should be equally divided amongst and paid to my sons therein named, I will and direct that my son John Weir shall also with my said sons take an equal share of such residue and that my said Residuary estate shall be equally divided amongst and paid to my said sons Duncan Jonathan James Andrew and John.

Witness my hand and Seal set Subscribed to this Codicil this 19^th. day of December 1878 A.D. 1878

Signed       Allan Weir       L.S.

Signed, Sealed and declared by the Testator as and to be a Codicil to his will, in the presence of us, who all together at the same time in his presence and at his request have subscribed as witnesses.

Signed      ---- Archibald McKay

   "              ---- William Morton

   "              ---- Archibald McInnes

County of Pictou Sf

In the Court of Probate of Wills ie.

I do hereby certify that the foregoing instrument consisting of four pages, is an exact and literal copy of the last Will and Testament and Codicil of Allan Weir late of Pine Tree Gut, 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 30^th. day of September A.D. 1880.

John H. Lane Registrar

To John Ferguson Esqr.

Registrar of Deeds

for the County of Pictou

No Stamp

Province of Nova Scotia,

Registrar of Deeds Office, County of Pictou, 15^th. Octr 1880 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 69,70 & 71 on the certificate of John H. Lane Rgr. of Probate.

John Ferguson   Registrar