Description Will of Ellen Fogo of Pictou, NS

(Handwritten)

Estate of Ellen Fogo, late of Pictou, Spinster, deceased, Testate

Copy of Will

In the name of God, Amen.

This is the last Will and Testament of me Ellen Fogo of Pictou in the County of Pictou, Spinster.

I order and direct that my executors hereinafter appointed shall sell and dispose of my real estate in the town of Pictou consisting of a house and lot at the Corner of Front and Coleraine Streets at private sale so soon as a good price can be obtained therefor as advantageously as possible, or if it cannot be sold otherwise, then at public auction and shall apply the proceeds of such sale as follows.

First, They shall invest the sum of Twelve Hundred dollars in Mortgages of Real Estate, in their names for the benefit of my brother John Fogo, and shall pay to him the interest accruing therefrom half pay yearly during his natural life. After his death the said sum is to be divided equally between my surviving brothers and sisters.

Second, They shall pay to my sister Jane T. McDonald widow of the late E.M. McDonald the sum of Three Hundred Dollars and to her daughter Bessie McDonald the sum of One Hundred Dollars.

Third, They shall invest the sum of Six Hundred Dollars in the purchase of a house and lot for my sister Catherine D. McKenzie, wife of George A. McKenzie, the same to be conveyed to her in her own name and to be her own separate use.

Fourth, They shall expend the sum of Two Hundred Dollars towards assisting in the erection of a house for my brother Charles Fogo upon his farm at Riversdale.

Fifth, If my sisters Elizabeth Thompson, and Annie Lowden are living when my said property is sold they are each to receive One Hundred Dollars, if not the said sums shall be paid to my brother John Fogo.

Sixth, They shall expend Forty Dollars in improving the family lot, in the old burying grounds.

Seventh, If after payment of the above legacies and all expenses in connection with the settlement of my estate, any Surplus of the proceeds of said Real Estate shall remain in the hands of my said executors, the same shall be divided equally between my brothers and sisters whose names are hereinbefore mentioned.

In case the said property shall not realize enough to pay all the said legacies and expenses in full, then my said Executors shall first invest the said sum of Twelve Hundred Dollars for my brother John and then after payment of all expenses shall distribute the remainder between the other legatees pro rata.

I bequeath to my brother John Fogo the following articles of household furniture vizt; one bed and bedding, one tapestry carpet, table, one washhandstand, one mat, one footstool, one bedroomstove, and also all my interest, or claim in or to the lot and house owned by my brother George Fogo, and all my claim against the said George Fogo for money advanced him.

I bequeath to my brother George Fogo all the other articles of household furniture, and moveables owned by me.

I likewise direct that my said executors shall not sell my said house ad lot until they obtain what is in their opinion a good offer for it, but that in the mean time they shall let it to the best advantage and pay the rent arising therefrom to my said brother John Fogo.

I hereby nominate and appoint the Honourable John F. Stairs of Dartmouth in the County of Halifax, and the Reverend William Donald of Pictou, in the County of Pictou, the Executors of this my Will and testament, and do hereby revoke and disallow all former wills by me at any time hitherto made.

In witness whereof I have my hereto set my hand and Seal this twentieth day of February A.D. 1880. Signed Ellen Fogo L.S. Signed and sealed and declared by the testatrix to be her last Will and Testament, in the presence of us, who in presence of her, and of each other have hereto set our names as witnesses.

Signed ---- Chas. D. McDonald

     "    ----- Charlotte Jane Stairs

County of Pictou Sf I

n the Court of Probate of Wills

I do hereby certify that the foregoing instrument consisting of three pages, is an exact and literal copy of the last Will and Testament of Ellen Fogo, late of Pictou, in the County of Pictou, Spinster, 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 31st.day of March A.D. 1880. John H. Lane Registrar

To John Ferguson Esqr. -Registrar of Deeds - Pictou

Province of Nova Scotia, Registrar of Deeds Office, County of Pictou, 16th June 1880 I certify that the within instrument was duly registered at 3 PM of the above day in the Registry of Wills Book No 1, pages 42,43 & 44 on the certificate of John H. Lane Registrar John Ferguson Rgr.