Description Will of Anthony McLellan of West River, Pictou Co., NS

(Handwritten)

Estate of Anthony McLellan late of West River, Farmer, deceased, Testate

Copy of Will for the Registrar of Deeds

This is the last Will and testament of me Anthony McLellan, of West River in the County of Pictou and Province of Nova Scotia, Farmer, made, published and declared this tenth day of September in the year of our Lord one thousand eight hundred and Eighty nine.

1St. First- I give devise and bequeath to my beloved wife, Margaret Jane McLellan, for the term of her natural life my real estate situate at Wet river aforesaid and more particularly described as follows, that is to say.
Lot No. 1 Beginning at the west corner of a lot of land owned by one James McKean, thence north forty five degrees west, one hundred and fifty eight rods or until it strikes on Duncan Ross’s South east line, thence north Forty five degrees east Sixty nine rods to a hemlock stump, thence South forty five degrees east one hundred and fifty eight rods or until it strikes James McKean’s lands, thence along the said McKean lands Sixty nine rods, or until it comes to the place of beginning, containing Sixty eight acres more or less, being the lot of land conveyed to the said Anthony McLellan by Robert McLellan, his father, by deed bearing date the twenty fifth day of December A.D. 1857, which said Deed is recorded in the registry of Deeds at Pictou in Book 48, pages 705.

Lot No. 2 Beginning at the east angle of one David Fraser’s lands, and to run thence South forty five degrees west, One hundred and fifty four rods, thence South forty five degrees east fifty four rods, thence north forty five degrees east, one hundred and fifty four rods, thence north forty five degrees west, fifty four rods, to the place of beginning, containing fifty acres, being the lot of land conveyed to the said Anthony McLellan by Duncan Ross and Isabella his wife, by deed bearing date the eleventh day of May in the year of our Lord one thousand eight hundred and Sixty six, which said deed is recorded in the office of the Registrar of Deeds at Pictou, in Book 53, Page 498, and also all other real estate or personal property of which I may now or at the time of my death be seized or possessed to have and to enjoy the use of the same during the term of her natural life of her, the said Margaret Jane McLellan my wife as aforesaid without impeachment for waste.
Second- Upon the death of my said wife Margaret Jane McLellan, I give devise and bequeath the remainder of my said real estate in fee, and all my title and interest therein and all my personal property as aforesaid to Andrew Roy McNeil, who has been brought up by, and for many years part lived with me, upon the condition of his fully carrying out and fulfilling the terms of a certain agreement in his writing made between myself, my said wife Margaret Jane McLellan, and the said Andrew Roy McNeill, and bearing even date herewith.

Third – Should the said Andrew Roy McNeil fail to carry out the terms of said agreement to my satisfaction or to the satisfaction of my said wife, should she survive me, I give devise and bequeath all my said real estate and personal estate to my said wife, her heirs and assigns forever.

Fourth - I hereby nominate constitute and appoint James Thompson, Junior, of West River, farmer, and my said wife Margaret Jane McLellan, Executor and Executrix of this my last Will and testament.
In witness whereof I have hereto Subscribed my name this tenth day of September A.D. 1889.

Signed Anthony McLellan

Signed by the above names testator, Anthony McLellan as and for his last Will and testament, in the presence of us both present at the same time, who in his presence and in the presence of each other and at his request have hereunto Subscribed our names as witnesses.

Signed ---- Geo. E. Munro
" ---- W.E. McLellan

County of Pictou Sf
In the Court of Probate of Wills

I do hereby certify that the foregoing instrument consisting of two pages, is an exact and literal copy of the last Will and Testament of Anthony McLellan, late of West River 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 2nd. day of March A.D. 1896.
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, 18th March 1896 I certify that the within instrument was duly registered at 12:15 PM of the above day in Wills Book 3, pages 133-4 & 5 on the certificate of John H. Lane Rgr.

John Yorston Registrar