Description Will of James Fogo of Pictou, NS

(Handwritten)

Estate of James Fogo, late of Pictou, Barrister, deceased, Testate

Certified Copy of Will for the Registrar of Deeds

This is the last Will and Testament of James Fogo of Pictou in the County of Pictou, Judge of Probate.

1. I give devise and bequeath the house and farm at Pictou whereon I now live, and also two hundred Acres of land Situated on Mount Dalhousie in said County. Also One hundred acres of land at Mount Thom to John Stairs of Halifax in the County of Halifax Merchant, in trust for his Children by Charlotte Fogo my beloved daughter, now deceased, the first wife of the said John Stairs, in equal shares.

2. I give my gold watch & chain to my grandson James Stairs.

3. I give and devise to George Fogo the land north of his house, bounded on the east by Jno. Lewis west line and running thence north to the highway, thence west to the road leading to the shore, called the Quarry road, thence along said road southwardly until it comes to the north west corner of said George Fogo's lot, thence eastwardly to the place of beginning, containing Seven acres more or less, together with the right of way now used to the shore, to have and to hold the same to him and his heirs forever, and also devise to the said George Fogo and his heirs the house on the west side of Twining Street in the town of Pictou at present occupied by Mrs. Shultz, and also the undivided shares owned by me in the Five acre lot so called, and the Ten acre lot which I bought from the late Sheriff J.W. Harris.

4. I also give and bequeath to the said George Fogo all my farming implements, and my hay press my covered carriage, my treadmill, also the biscuit machinery in the old shed on my homestead, together with the slabs belonging thereto, and also my mare called Daisey.

5. I give and bequeath to my brother Charles Fogo my other pony, and my Single wagon, and all my body clothing, also the copper machine for making confectionary, now in my possession.

6. I also cancel all debts due to me by my brothers George Fogo and my brother Charles Fogo, or either of them, whether by Specialty or otherwise.

7. I give to my sister Kate wife of George A. McKenzie the gold watch and chain formerly belonging to my late wife, also the looking glass behind the Sofa in my drawing room, and the card table in my best drawing room, also Six hundred dollars, also a feather bed.

8. I give to my sister Mrs. Thompson the bedroom set in the room now occupied by her, together with one good feather bed, also twelve hundred dollars.

9. I also give and bequeath six hundred dollars to Helen Gertrude McKenzie, daughter of said George A. McKenzie .

10. I also give to the said Helen Gertrude McKenzie my piano.

11. My Queen's Counsel gown I give and bequeath to James Stairs my grandson to be disposed of as he thinks proper.

12. I give and bequeath the two oil paintings in the drawing room to Mrs. Harry Troop of Halifax and to Mrs. James Stairs of Halifax two small Japanese fancy tables.

13. I direct that my law books shall be sold at private sale if possible, and that the proceeds shall fall into the residue of my estate.

14. I give to Louiza McKenzie the picture in the drawing room called the orphans.

15. I give Mrs. George Fogo the picture of Nelson and Wellington, in the drawing room.

16. I give and devise to George Fogo my brother the thirty acres of land at Pictou which I got from Charles McKenzie.

17. My knives forks spoons dishes and crockery ware I give and bequeath to my sister Mrs. Thompson.

18. I give the said Mrs. George McKenzie the picture called Merry Making.

19. All the rest and residue of my real and personal estate I give devise and bequeath to my son in law John Stairs, in trust for his children by his first wife Charlotte Fogo, with power to sell the same, and the real estate hereinfore devised to him in trust, and to invest, collect, and reinvest the proceeds for the benefit of the said children, my grandchildren.

20. I give one Bible to Elizabeth Thompson, her name being written on the fly leaf, thereon, also 3 Volumes of Clark's Commentaries.

21. I also direct my executors to erect a headstone at the grave of myself and wife, not costing more than the sum of One hundred Dollars.

22.And I revoke all former wills by me made.

23. I do hereby nominate and appoint John Yorston of Pictou, in the County of Pictou, Registrar of Deeds, to be executor of this my Will.

Signed James Fogo

Signed and declared by the testator as and for his last Will and Testament in the presence of us, both being present at the same time, who at his request and in his presence, and in the presence of each other have hereto subscribed our names as witnesses.

Signed ---- Lizzie Munro

     "    ----- Jno..G. Stewart

This is a Codicil to the foregoing Will.

I give and bequeath unto Charles S. Fogo in the event of my death my two Cows and two young pigs and the Harness belonging to the small waggons. Also I bequeath to Kate McKenzie the mahjong table belonging to my Grandmother.

I bequeath to Mrs. Elizabeth Thompson, one arm chair from the Hall and the linen and bedding. I bequeath to Bessie Troop of Halifax one Silver butter dish.

I bequeath to John Lowden's daughters two mahjpng boxes , one for each. Also to James Lowden, Annie Langille, Mrs. George Fogo, and Mrs. Charles Fogo One Picture each, now in the spare room. The churn and milk basins and all the Kitchen utensils to Mrs. Charles Fogo.

I also bequeath to George Fogo, the new set of harness, and the straw cutter, and the stumping machine, with all the appurtenances.

I also bequeath to the managers of the Prince Street Church One hundred dollars towards paying off the debt on the church.

As witness my hand this 13th. Sept. A.D. 1895.

Signed James Fogo

Signed Sealed and declared by the testator as and to be Codicil to his last Will, in the presence of us, all together at the same time, and who all at same time in his presence and at his request Subscribe as witnesses.

Signed ---- Lizzie Munro

    "   ----- John Yorston

County of Pictou Sf

In the Court of Probate of Wills

I do hereby certify that the foregoing instrument consisting of four pages, is an exact and literal copy of the last Will and Testament and Codicil of James Fogo, late of Pictou, in the County of Pictou, Barrister, 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 19th day of January A.D. 1898. 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, 2nd. March 1898 I certify that the within instrument was duly registered at 11 Am of the above day in Book 3, pages 143,144, & 145 on the certificate of John H. Lane Rgr. John Yorston Registrar