Description Will of James Fitzpatrick of Fitzpatrick's Mountain, Pictou Co., NS

(Handwritten)

Estate of James Fitzpatrick, late of Fitzpatrick's Mountain, Farmer, deceased, Testate

Certified Copy of Will for the Registrar of Deeds

In the name of God, Amen.

I James Fitzpatrick Esquire of Fitzpatrick's Mountain in the County of Pictou and Province of Nova Scotia Farmer, being in good Health of body and of perfect mind and memory 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 principally and first of all I recommend my soul unto the hands of Almighty God who gave it, and my body I recommend to the earth to be buried in the said Saint John's Cemetery in a decent Christian manner at the discretion of my Executors nothing doubting but at the general resurrection I shall receive the same again by the Almighty power of God, and as to touching such worldly estate wherewith it hath pleased God to bless me with in this life I give and dispose of the same in the following manner and form that is to say.

First. I give and bequeath unto my wife Margaret Fitzpatrick the one third of my landed Estate on which I reside and live at present one third of the buildings that may be on the said farm at my death during the natural course of her life, at which time the said one third of land and buildings falls back to my son Hugh Fitzpatrick and his heirs forever.

But I recommend her to live with my son Hugh Fitzpatrick but in case that she would sooner live in a separate apartment from the said Hugh Fitzpatrick and his family then my Executors is to decided what part of the house she is to occupy, and what part of the house she is to hold for her use and benefit during her lifetime and also what portion and attendance she is to receive from him the said Hugh Fitzpatrick during her lifetime.

Also I give and bequeath unto my son Hugh Fitzpatrick all the land contained in the farm on which I reside on at present called Fitzpatrick's Mountain with all the right title privileges contained in the original grant to him and his heirs forever, and also all the farming utensils and all the stock of horses and cows and sheep that may be on the farm at the time of my death.

Also I give to my eldest daughter Jennet Fitzpatrick the sum of Forty dollars if she will get married with one cow and bed and bedding, and provided she is inclined not to get married the I bequeath to her the sum of one hundred Dollars to be raised out of my lands and effects.

Also I order and bequeath that the present year land Coalt that is on the farm at present be kept on the farm till it is three years and one half years old then to be delivered to my son John R. Fitzpatrick.

Also my two daughters Mary Jane and Rosanna Fitzpatrick receive each of the farm one cow, and bed and bedding and each of them is to assist their mother in making the said bed clothing.

Also as concerning my daughter Eliza I order and bequeath that she is to get her living of the farm or that my son Hugh Fitzpatrick will give her a decent living on the farm. But provided that she will get married then she is to get one Cow and bed and bedding of the said farm equal to the other two girls Mary Jane and Rosanna.

Also I order and bequeath that my son Alexander Fitzpatrick will get such assistance in getting a little education as our circumstances will admit of. The if it will please the will of Almighty God, that I should live for some time and fulfill these Bequeaths or part of them then my Executors hath no power to rase the said bequeaths or such part of them as I have fulfilled in my lifetime out of my Estate or otherwise.

I also do appoint maintain and ordain the Rev. James Fitzpatrick B.A. Robert Sutherland of River John, and Hugh Fitzpatrick to be executors of this my last Will and Testament giving them full to Rase my just debts and bequeath out of my lands and chattels and lay them to persons entitled to them.

And I do hereby utterly disallow revoke and disannul all and every former testament wills and Executors by me in any wide before named willed and bequeathed ratifying and confirming this and no other to be my last Will and Testament.

In witness whereof I have hereunto set my hand and Seal this second day of July in the year of our Lord one thousand eight hundred and Eighty one.

Signed James Fitzpatrick L.S.

Signed published and pronounced by the said James Fitzpatrick as his last Will and Testament in the presence of us, now in his presence and in the presence of each other we hereunto subscribe our names as witnesses.

Signed ---- Thomas B. Murray

    "    ----- George McIntosh

This Codicil made this first day of December in the year of our Lord one thousand eight hundred and Eighty two by James Fitzpatrick Esq. states and sets forth that if any of my three Daughters that is to say Jennet, Mary Jane and Rosanna Fitzpatrick Happens to not be married and is sick and unable to provide a decent living for themselves, then they have full right to return home where they were born and brought up to the years of maturity and get their living from Hugh Fitzpatrick according as my Executors thinks right in their behalf.

And in case that Hugh Fitzpatrick should sell the farm ad go any other place then he is to give to my daughter Jennet the sum of two hundred dollars out of the price of the farm.

And I appoint the Rev. James Fitzpatrick B.A. and Robert Sutherland, River John and Hugh Fitzpatrick Executors as in the will.

Given under my hand and Seal the day and year first written.

Signed James Fitzpatrick L.S.

Signed and Sealed in the presence of,

Signed -----------Robert Sutherland

        " -----------Robert Fraser

County of Pictou Sf

In the Court of Probate of Wills

I do hereby certify that the foregoing instrument consisting of three and a quarter pages, is an exact and literal copy of the last Will and Testament of James Fitzpatrick, late of Fitzpatrick's Mountain, 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 fourteenth day of January A.D. 1885. John H. Lane Registrar

To the Registrar of Deeds for the County of Pictou

Province of Nova Scotia, Registrar of Deeds Office, County of Pictou, 11th April 1885 I certify that the within instrument was duly registered at noon of the above day in the Registry of Wills Book No 1, pages 273,274,275 & 276 on the certificate of John H. Lane Rgr. John Ferguson Regr.