Description Will of William Chisholm of New Glasgow, NS

(Handwritten)

Estate of William Chisholm, late of New Glasgow, Saddler, deceased, Testate

Copy of Will for the Registrar of Deeds

I William Chisholm of New Glasgow in the County of Pictou and Province of Nova Scotia, Saddler, being of sound and Disposing mind and memory do make and publish this my last Will and testament, hereby revoking all former wills by me at any time heretofore made. And as to my worldly estate and all the property real and personal or mixed, of which I shall die seized and possessed or to which I shall be entitled at the time of my decease I devise, bequeath and dispose thereof in the manner following to wit.

1st. I devise and bequeath to y son A. Johnston Chisholm and hnis heirs and assigns forever, that certain lot of land together with the buildings and appurtenances thereon, situate lying and being on Provost Street in New Glasgow aforesaid and running back to Archimedes Street being the lot of h the store occupied by Robert Grant and Co. as a tailoring and clothing establishment stands, subject nevertheless to a payment of Forty (40) per cent of the debt which may be upon my estate after my instructions as hereinafter mentioned shall have been carried out, And to a certain right of way running across said lot of land as lain down and defined more particularly in the plan hereto annexed signed by me which said plan s and forms a part of this my Will and Testament.

2nd I devise and bequeath to my son A. James Chisholm and his Heirs and assigns forever, that lot of land and buildings thereon, fronting on said Provost Street and running back to said Archimedes Street on which the shop occupied by George Carew and Brother as a Drug Store stands subject nevertheless to a payment of Twenty (20) per cent of the Debt which may be upon my estate after my instructions as hereinafter mentioned shall have been carried out, and to the said right of way as more particularly defined in said plan.

3rd. I will and bequeath to my son D. Gordon Chisholm and his Heirs and assigns forever, that lot of land and buildings thereon fronting on said Provost Street and running back to said Archimedes Street on which the store occupied by Vaux, Hanoil**(Harivol) and Co. as a grocery store stands, also the building occupied at present by A. Lennox subject nevertheless to a payment of Forty (40) per cent of the Debt which may be upon my estate after mu instructions shall have been carried out.

4th. It is further my wish that my Executors shall, and I do hereby invest them with all the necessary power and Authority for so doing Sell and dispose of that lot of land owned by me near Trenton in Town lots to the best advantage, and the monies obtained from the Sale of such lots shall be applied in payment of any debt that may be against my estate.

5th. My Executors are hereby empowered and Authorized by me if they consider it advisable to sell the whole or part thereof of that certain portion of my estate encumbered by a certain mortgage held by one J. Cameron, and the proceeds thereof to be applied in payment of the Debt existing or which may be against my Estate and if there be a surplus over from the Sale of such property as aforesaid after payment of said Debts the same to be divided equally amongst or between my said sons, viz. D. Gordon Chisholm, A. James Chisholm, and A. Johnston Chisholm and in any case it my will that my said sons shall have an equal interest in the property encumbered by said mortgage.

6th. I bequeath to my wife Dora the right and privilege during the term of her natural life together with such of my family as may require is to use and occupy as a home the house and lot as at present used and occupied by myself and family for a dwelling House, also the exclusive use and benefit of outhouses and old barn so called thereon for my said wife if she be left alone in said Dwelling House, or if my family have left it for homes of their own, not to include however the use of the warehouse on said Lot.

7th. I bequeath to my said wife such household furniture as she may reasonably require for her use during the term of her natural life such furniture to be selected and given to my said wife by my Executors.

8th. It is my will that my adopted daughter Bessie Hutton Chisholm shall remain with my said wife and be obedient to her and nurse her if required. And in such case will have the right and privilege of such house until deems it proper to change it or leave it for a home of her own, and in such case that she be dealt with in a kind manner as is Customary in such cases.

9th. The Homestead or Dwelling house and Lot herein before mentioned after the death of my said wife shall , but only at the discretion of my executors be sold, and the proceeds from such Sale be applied to the payment of any debs that may be upon my estate, and if there be no debt the said proceeds to be divided equally between my said three sons.

10th. In addition to the bequeaths already given to my said wife Dora, it is further my will in lieu of any Dower, that my executors shall pay annually to her during the term of her natural life the sum of One hundred and fifty dollars, and a further sum of Fifty Dollars annually so long as my said adopted daughter Bessie Hutton Chisholm shall remain with her.

11th. The interest upon any sum or sums of money owed by me whether by mortgage or otherwise and Insurance and Taxes will be a first charged upon the monies coming from the rental of my said properties in said New Glasgow except the taxes that may be levied upon my said Homestead given by this will during her lifetime to my wife Dora, the taxes upon which shall be paid from the monies so bequeathed to her in this will.

I appoint my said friend Thomas Edward Fraser of said New Glasgow and my friend William McMillan of Churchville executors of this my last Will and Testament.

In witness whereof I have signed and Sealed and published and declared this instrument as my last will and testament at said New Glasgow on the eleventh fifteenth day of August in the year of our Lord, one thousand eight hundred and Eighty-Eight.

Signed William Chisholm L.S.

The said William Chisholm at said New Glasgow on the eleventh fifteenth day of August A.D. 1888

Signed and Sealed this instrument and published and declared the same as and for his last Will and testament and we at his request and in his presence and in the presence of each other have subscribed our names as witnesses.

Signed James Roy

Signed William R. McKenzie

Signed James W. Ross

NOTE: Rough Sketch showing property as it is not made to scale. This is the plan referred to in my Will. Signed William Chisholm New Glasgow August 11th, 1888.

County of Pictou

In the Court of Probate of Wills

I do hereby certify that the foregoing instrument consisting of four pages and part of a page, is an exact and literal copy of the last Will and Testament of William Chisholm late of New Glasgow in the County of Pictou, Saddler, 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 day of January A.D. 1892. 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, 12th. Feby. 1892 I certify that the within instrument was duly registered at noon of the above day in the registry of Wills Book No 2 pages 208,9-10-11 on the certificate of John H. Lane Registrar John Yorston Rgr.