Description Probate and Copy of the Last Will and Testament of James Barry

Each page of the PDF document are transcribbed below according to page number:

Page One, Outside:

“Probate and Copy
of the
Last Will & Testament
of
James Berrie [Barry]
6 Mile Brook”

Inside:

Page 2:

“In the name of God Amen, I James Berrie of the Six Mile Brook of Pictou in the County of Pictou and Province of Nova Scotia Farmer being weak in body but of perfect mind and memory, calling to mind the mortality of my body and knowing that it is appointed for all men once to die, Do make and ordain this my last Will and Testament that is to say first of all I resign my soul into the hands of Almighty God and my body I recommend to the earth to be buried in decent Christian burial at the discretion of my Executors noting doubting but at the general resurrection I shall receive the same by the Almighty power of God.

            Ad respecting the world by property with which it has pleased God to bless me in this life I give and [disfuse?] of the same in the following manner.

            First after the payment of all my lawful debts, I give and bequeath to Mary my beloved wife the following portion the same to upheld given and paid to her yearly and every year during the term of her natural lifetime, namely three [lb?] of good wheat flour, two [llb?] of good oatmeal, fifteen bushels of potatoes the use of one milk cow, the pounds of sugar, three pounds of tea, twelve pounds of wood, two pounds in cash Nova Scotia currency the use of one half of the house in which we now reside, the use of our third of the cellar, and the use of as much of the house furniture as she may need for her comfort, and the use of a horse and carriage and careful driver when she may require it, and a sufficient quality of firewood hauled and cut at her house door to keep her house comfortable and also medical and other attendance when sick or otherwise requires it.”

 

Page Three:

            Secondly, I give unto my son William the sum of one shilling.

            Thirdly, I give unto my son James besides what he has already received the sum of one shilling.

            Fourthly, I give unto my daughter Gelly widow of Alexander McDonald the sum of one shilling.

            Fifthly I give unto my daughter Mary, wife of John McIntosh the sum of one shilling

            Sixthly I give unto my daughter Jane, wife of James Miller the sum of one shilling.

            Seventhly I give and bequeath to my daughter Ellen fifty pounds Nova Scotia currency and one cow, six sheep, a bed and bed clothes, and a set of table furniture.

            Eighthly, I give and bequeath unto my daughter Catherine fifty pounds cash Nova Scotia currency one cow, six sheep, a bed and bed cloths and a set of table furniture. The weaver’s loom and the tackling belonging thereto to be the property of my daughters Ellen and Catherine conjointly.

            Ninethly I give unto my daughter Nancy, wife of Dr. Fox, one shilling.

            Tenthly I give unto my son Daniel the sum of one shilling.

            Eleventhly I give and bequeath unto my sons Anthony and John four hundred acres of land on which I now reside together with all the buildings and improvements thereon and all the stock and farming [intentials?] except what is hereinbefore bequeathed to and reserved for my wife Mary. The set of Blacksmith tools to be owned conjointly by both. If the lands on which I now reside should after measurement fall short of four hundred acres they are to have no more than it don contain, but”

 

Page Four:

“but if it should exceed four hundred acres he overplus shall be laid off on the northwest end of he lot and given to my son James. The above four hundred acres are to be equally divided between my sons Anthony and John. Anthony t have the north end and John the south. Also I give to my sons Anthony and John to be equally divided between them three hundred and seventy acres of land which I now own at Salmon River in the County of Colchester. All the above bequests and all the necessary expenses incurred with execution of this my last Will and Testament and to be paid by my sons Anthony and John out of the property bequeathed to them, my wife Mary to have the use of my eight day clock if she chooses during her lifetime and to keep it in good order and afterwards to be given to my daughter Catherine.

Also I constitute make and ordain John Graham, Ebenezer McLeod and Joseph Richard all of the West River of Pictou the Executors of this my last Will and Testament whom I hereby empower to arrange and dispose of my property as this my last Will and Testament directs.

In witness whereof I have hereto set my hand and seal this seventeenth of October A.D. eighteen hundred and fifty-five

Signed, Sealed, and
pronounced by the said
James Berrie as his last
Will and Testament in the
presence of us who in his”

 

Page 5:

 

“presence and in the presence
of each other have hereto
subscribed our names
Signed, David McLeod
“          David Connors
“          Alexander McLeod

 

Signed                      his

                       James  X  Berrie

                                mark”

Page Six:

“PROVINCE OF NOVA SCOTIA, County
of Pictou Court of Probate

By the Worshipful James Fogo Esquire,
Judge of her Majesty’s Court for the Probate of Wills, and granting Letters of Administration, &c. in and throughout the County of Pictou in the Province of Nova Scotia,

 

TO ALL TO WHOM THESE PRESENTS SHALL COME

Greeting,

Know ye that o the day of the date hereof, before me, the last Will and Testament of James Berrie late of Six Mile Brook in the County aforesaid, farmer, deceased (of which last Will and Testament, a true copy is hereunto annexed,) was proved, approved, and allowed; the said deceased, having, whilst living, and at the time of his death, Real Estate, Goods, Chattels, Rights, and Credits, and having last dwelt at Six Mile Brook aforesaid, in the County aforesaid, by reason whereof the proving, approving and allowing the said Will and granting Administration of all and singular the said Real Estate, Goods, Chattels, Rights and Credits; and also the auditing, allowing, and final discharging the accounts thereof, appertain to us; and Administration of all and singular the Real Estate, Goods, Chattels, Rights and Credits, of the said deceased, in any way concerning his Will, was granted to John Graham, Ebenezer McLeod, and Joseph Richard all of the West River in the County of Pictou, farmers the executors named in the said last Will and Testament they being first sworn, well and faithfully to administer the same, and to make a full and true Inventory of all and singular the said Real Estate, Goods, Chattels, Rights and Credits, and to exhibit the same into the Registry of our said Court, on or before the twenty second day of July next ensuing, and also to render a just and true account thereof, and to do and perform when thereto lawfully required, all such other acts, matters and things, as to the true and faithful administration thereof, may or shall of right appertain.

            Given at Pictou in the Registry of our said Court, under the seal thereof the
            twenty second day of April in the year of our Lord
            One Thousand Eight Hundred and fifty six and in the Nine-
            tenth year of Her Majesty’s reign.

                        Daniel Dickson
                        Registrar”