Description Will of Evan McLellan of Plymouth, Pictou Co., NS

(Handwritten)

Estate of Evan McLellan late of Plymouth, Farmer, deceased, Testate

Copy of Will for the Registrar of Deeds

I Evan McLellan of Plymouth, in the County of Pictou and Province of Nova Scotia, Farmer, being of sound and disposing mind and memory do make and publish this my last Will and Testament.

I give devise and bequeath and Dispose of all my estate real and personal and mixed f which I shall die seized and possessed in manner and form following, that is to say –

I give and bequeath to my daughter Margaret McKay of New Glasgow wife of Thomas G. McKay of said New Glasgow one cow to be selected by her and given to her as soon after my decease as may be convenient by my executors. To Have ad To Hold the said cow to the said Margaret McKay and her heirs and assigns forever.

I give and bequeath to my beloved wife Elizabeth McLellan for and during the term of her natural life, the use, improvement, income, benefit and increase of all my real estate situated at said Plymouth, bounded northerly by lands now or formerly belonging to the Heirs of one William McLeod, westerly by the East River, Southerly by lands of James Turnbull and others, Easterly by lands now owned or occupied by one John James McLellan, containing Eight six acres more or less together with all and Singular the houses buildings and appurtenances thereunto belonging or appertaining. To Have and T Hold the said lands and premises and appurtenances to my said beloved wife for and during the term of her natural life.

I give and bequeath to my said beloved wife Elizabeth McLellan all my personal property estate and effects of all and every kind or nature whatsoever for her use and benefit during the term of her natural life.

(Paragraph scratched out and initialed.)

It is further my will that my executors hereinafter named shall have full power and absolute authority to sell convey and dispose of all my said real estate ad personal property whenever or at such time or times as my said beloved wife Elizabeth McLellan shall consider it advisable or expedient, and the moneys arising from the sale of such real estate and personal property shall be forthwith deposited by my executors in the agency of some good and reliable Bank on New Glasgow and the interest of said monies so deposited shall be paid to my said beloved wife Elizabeth McLellan during the term of her natural life, and at the death of my said beloved wife, it is my will that the said principal sum of money and all interest then due shall be forthwith divided into five equal shares forthwith of my surviving Executor and disposed of by him in manner ad form as follows.

I give and bequeath one share to my daughter Mary the wife of James M. Booth of Maxwelton, Dumfries, Scotland, one share to my son Alexander Thomas, one share to my daughter Bessie, one share to my said daughter Margaret, one share to my grandson Eugene, the son of my said daughter Bessie, to have and to hold the same for themselves their Heirs ad assigns forever.
Provided that at the death of my said beloved wife my said estate real and personal shall not have been disposed off and sold as aforesaid the in such case it is my will that my surviving Executor shall forthwith dispose of, sell and convey al my said real estate and personal property to do with full power and absolute authority is hereby given and the monies arising from such sae shall be forthwith equally divided into five equal share and disposed of as follows that is to say –

I give devise and bequeath to my said daughter Mary, one share to my said Grandson Eugene the son of my said daughter Bessie, To Have and To Hold the same to them their heirs and assigns forever.

Lastly, I appoint my beloved wife Elizabeth McLellan and my son in law Thomas G. McKay Executors of this my last Will and testament, with full power and authority to carry out the provisions of this my last Will and Testament.
In witness whereof I the said Evan McLellan have hereunto my hand Seal Subscribed and Set this thirteenth day of July in the year of our Lord one thousand Eight hundred and ninety two, and published and declared this instrument as my last Will and Testament.

Signed Evan McLellan L.S.

The said Evan McLellan at New Glasgow in said County of Pictou on said thirteenth day of July in the year of our Lord one thousand Eight hundred and ninety two Signed and Sealed this instrument and published and declared the same as and for his last Will, and we at his request and in his presence, and in the presence of each other have hereunto Subscribed our names as witnesses.

Signed ---- James Roy
" ---- Dan. M. Kitchin

County of Pictou Sf
In the Court of Probate of Wills

I do hereby certify that the foregoing instrument consisting of three pages, is an exact and literal copy of the last Will and Testament of Evan McLellan, late of Plymouth 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 31st. day of July 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, 22nd. August 1896 I certify that the within instrument was duly registered at 2:30 PM of the above day in Wills Book 3, pages 65-6-7 on the certificate of John H. Lane Rgr.

John Yorston Registrar