Description Will of James Stalker of Pictou, NS

(Handwritten)

Estate of James Stalker late of Pictou, Merchant, deceased, Testate

Copy of Will for the Registrar of Deeds

I James Stalker of Pictou in the County of Pictou, Merchant, hereby revoke all former wills and testamentary dispositions by me made and declare this to be my last Will and Testament.

1. 1^. I appoint my daughter Eliza D. Stalker and my son Alexander P.R. Stalker hereinafter called "my trustees" the Trustees and Executors of this my last Will and I declare that all trusts and powers hereinafter vested in my trustees may be exercised by the survivor of them, or the heirs, executors, or administrators of such survivor.

2 I bequeath the following legacies vizt. First to my son John A. Stalker I give and bequeath ten (10) shares in the capital Stock of the Ontario Bank. Second, to my son Alexander P.R.. Stalker ten (10) shares in the capital stock of the Ontario Bank.

Third, to my daughter Harriet Newall wife of George W. bunker five (5) shares in the capital stock of the Ontario Bank.

Fourth, to my daughter Geogiann wife of Howard H. Hamilton five (5) shares in the capital stock of the Ontario Bank.

Fifth, to my daughter Eliza the sum of Two thousand Dollars ($2000) in Cash and

Sixth, to my daughter Winnie the sum of Two thousand Dollars ($2000) in cash.

3. 3^. I give devise and bequeath to my son James H. Stalker all the land shop store and premises on the north side of Church Street in the Town of Pictou and all the appurtenances, (the same being the premises where he now carries on business) and all the stock in Trade, books, debts, and monies, used in or on connection with or in any way belong to the business so carried on by him on said premises.
4. I give devise and bequeath to my children Alexander Stalker, James Stalker, Eliza Stalker and Winnie Stalker Eight (8) shares in the Capital stock of the Molson's Bank in trust to apply the dividends and revenues derived there from in my name and in the name of my dear wife Elizabeth Hart Stalker in the work of the Lord Jesis and in the purchase and distribution of good and improving Books for, and amongst the poor, the selection purchase and distribution of such books and the management of such investment to be entirely under the management and control of the said Alexander Stalker James H. Stalker Eliza Stalker and Winnie Stalker the survivor or survivors of them or the heirs executors or administrators of such survivors.
5. I give devise and bequeath the front or Western part of the Adamson lot (c so called) on Coleraine Street, as the same is now occupied by them to my sons Alexander P. and John A. stalker and the rear or the Eastern part of said Adamson lot as the same is now occupied by him together with the use of the right of way to my son James H., Stalker.
6. I give devise and bequeath the house and premises on Denoon Street where my son Alexander P. Stalker resides to the said Alexander P. Stalker and Alice Stalker his wife for their joint lives and to the survivor of them for his or her life and the remainder in fee in said lot to my son John A. Stalker.
7. I give devise and bequeath the brick house and premises on Coleraine Street whereon I reside to my sons John A. Stalker and Alexander P. Stalker for life and after the death of either of them the Share or moiety of such deceased shall descend to and devolve upon such of his son or sons as shall then be living but should he leave no son him surviving then the share or moiety of such deceased shall go to or devolve upon my son James H. Stalker.

Provided nevertheless if at any time hereafter my sons and 'my trustees' or the survivor of them shall consider it desirable or expedient to sell and dispose of the said brick house and premises it shall be lawful for my said s0ns or the survivors or survivor of them with the concurrence in writing of 'my trustees' to make and execute a good and sufficient deed of conveyance of the said premises notwithstanding the infancy of my grandsons who may have a vested or contingent interest in said real estate and premises, but the proceeds of such sale shall be invested by and in the names of 'my trustees' in trust to pay the revenues derived from such investment to the person or person who for the time being would have been entitled to the rents, profits use and enjoyment of such real estate, and in the proportions and shares to which they would respectively have been entitled, to the enjoyment use rents and profits of the real estate from which the said fund was derived and ultimately to pay over the said invested proceeds to the person or persons in whom the said real estate would have ultimately absolutely vested, in fee had the same remained unconverted into money.

Provided also and my will is that my said daughters Eliza and Winnie shall and may reside and make their home in the said brick house so long as they remain single and shall desire to make such house their home.

8. And lastly I give devise and bequeath to 'my trustees' all the residue and remainder of my real estate and personal property of whatsoever nature and kind not hereinbefore disposed of upon trust that they will invest the same with liberty from time to time to vary such investments thereof and shall stand possessed of the said residue and the investments from time to time representing the same upon the trusts following, that is to say,

to pay and apply the income thereof to my daughters Eliza D. Stalker and Winnie Stalker so long as they shall live unmarried, and after the death or marriage of wither to pay the said income to the other or survivor of them, and after the death of such survivor the said residue or investment shall be divided equally share and share alike between my sons John A. Stalker, Alexander P. Stalker and James H. Stalker and if either of my said sons shall not then be living then his share or portion shall descend upon and go to the son or sons of such deceased as shall then be living.

In witness whereof I have Set my hand to this my will of five pages this twenty fourth day of May in the year of our Lord one thousand eight hundred and eighty eight.

Signed         James Stalker

Signed by the within named James Stalker as his last Will in the presence of us, both present at the same time who in his presence, and in the presence of each other have hereunto subscribed our names as witnesses.

Signed      ---- John Stewart

   "              ---- Jno. C. Ross

I James Stalker of Pictou in the County of Pictou, Merchant, do hereby make publish and declare this to be a Codicil to my Will, whereas the clause 7^th. of my Will I have directed that it is my wish and Will that my daughters Eliza and Winnie should make their home in the Brick House, so long as they should desire but have omitted to provide a home for Sarah Stalker wife of my son John A. Stalker.

I therefore hereby will and direct that it is my will and wish that the said Sarah Stalker wife of my son John A. Stalker should she become a Widow should also make her home in the said Brick House, as long as she should remain a Widow.

It is also my will and wish that the rents and profits derived from the cottage property on Saint Andrew's Street should be paid to my daughters Eliza and Winnie and the survivor of them so long as they or either of them remain single and unmarried and that after the death or marriage of both, the same shall become the Sole and absolute property of my son James A. Stalker.

In witness whereof and hereby ratifying and confirming the Will last by me heretofore made, except in so far as the same is inconsistent with this Codicil, I have hereunto my hand subscribed this twenty fifth day of May A.D. 1888.

Signed           James Stalker

Signed by the above named James Stalker as and for a Codicil in the presence of us, both present at the same time who in his presence, and in the presence of each other have hereunto subscribed our names as witnesses.

Signed       ---- John Stewart

   "               ---- Jno. C. Ross

County of Pictou Sf

In the Court of Probate of Wills ie.

I do hereby certify that the foregoing instrument consisting of five pages, is an exact and literal copy of the last Will & Testament & Codicil of James Stalker late of Pictou, in the County of Pictou, Merchant, 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 first day of December A.D. 1888.

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, 31^st. Jany. 1889 I certify that the within instrument was duly registered at 3:15 PM of the above day in the Registry of Wills Book No. 2, pages 51,52,53,54 & 55 on the certificate of John H. Lane Rgr. of Probate.

John Ferguson   Registrar