Description Will of James D. Merriman of Pictou, NS

(Handwritten)

Estate of James D. Merriman late of Pictou, Gas Engineer, deceased, Testate

Copy of Will for the Registrar of Deeds

I This is the last Will and Testament of me James D. Merriman of Pictou, in the County of Pictou, Gas Engineer.

I order and direct that my Executors hereinafter named as speedily as practicable after my decease to sell and dispose of all my property- real and personal of every kind whatsoever, in such way as they may think best, and to convert the same into money, which they shall apply as follows,

First, my said executors shall first pay all my just debts funeral and testamentary expenses and the Cost of duly and legally settling my estate.

Second, my said Executors shall next pay the following bequests vizt. –

One Hundred Dollars to my mother Helen Merriman and Fifty Dollars to my Aunts Ann Allan and Margaret Allan and my cousin Eliza McIntyre.

Third, The whole of the balance of the moneys in the hands of my executors shall be divided equally between my wife Mary Elizabeth Merriman, and my daughter Elizabet Helen McCulloch Merriman.

In case of the death of either of them, whether before or after my decease, the whole of the said balance shall revert to the other. During the minority of my said daughter, my said executors shall cause the amount to which she may be entitled under this will, to be safely invested in mortgages of |Real Estate or other good Security, and shall pay the interest accruing therefrom to my said wife to expended in the support and education of my said daughter, and on her attaining her majority the full principal shall be paid to her.

Fourth, In case my said wife and said daughter should both die before my decease the said balance in the hands of my Executors is to be divided as follows, One half to David McCulloch Esquire, my wife’s father, the other half to be divided into five equal parts or shares and paid to the following personas, my mother Helen Merriman, my Aunts Ann Allan, and Margaret Allan, and my cousin Eliza McIntyre, one full share each, the remaining share to be equally divided between my sisters Elizabeth Barry, and Mary Shearer.

Fifth, In case my said father in law David McCulloch should also die before me, I order and direct that the one half of said balance in the foregoing clause bequeathed to him shall be divided between the same persons to whom the other half is bequeathed by said clause and in the same proportions.

Sixth, Should any one of the persons in the fourth clause mentioned (other than said David McCulloch) die before me, the sum if any to which she may have been entitled under this my will shall be paid to her heirs at law in such proportions as the law directs.

Seventh, I hereby revoke and annul all former wills by me heretofore made.

Eighth, I hereby nominate and appoint Howard Primrose and James Yorston, both of Pictou, to be the executors of this my last Will and testament.

In witness whereof I have hereunto Set my hand and Seal this second day of May in the year of our Lord, One thousand eight hundred and eighty three.

Signed J. D. Merriman L.S.

Signed Sealed and declared as by the said James D. Merriman as and for his last Will and testament in the presence of us, who in his presence, and in the presence of each other and at his request have hereunto Subscribed our names as witnesses.

Signed ---- Chas. D. MacDonald
" ---- Robert Stewart

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 James D. Merriman, late of Pictou in the County of Pictou, Gas Engineer, 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 6th. day of February A.D. 1889.
John H. Lane Registrar

To the Registrar of Deeds for the County of Pictou

No Stamp

Province of Nova Scotia, Registrar of Deeds
Office, County of Pictou, 7th Feby 1889 I certify that the within instrument was duly registered at 3 PM of the above day in the registry of Wills Book No 2, pages 55,56 & 57 & 215 on the certificate of John H. Lane Rgr.

John Ferguson Regr