Description Will of John Foster of Fisher's Grant, Pictou Co., NS

(Handwritten)

Estate of John Foster, late of Fisher's Grant, Farmer, deceased, Testate Probate

and Copy of Will Registered

I John Foster of Fisher's Grant in the County of Pictou farmer make this my last Will and Testament.

1 I give devise and bequeath to my son William James Foster the farm on which I now reside containing one hundred acres more or less together with the stock and all the personal property owned by me on said farm and in the house and barn on said farm.

2 The said land and personal property bequeathed as aforesaid shall during the lifetime of my wife Margaret be under the joint control of my said son and wife and will not be in any way during her lifetime liable for any debts of my said son nor can the same be conveyed or in any way encumbered without her consent she shall enjoy the homestead jointly with my said son during her lifetime and shall be kept by my said son in all respects as she has heretofore been kept by me which she so resides and is so kept by my said son shall enjoy all the rents and profits of said farm and personal property.

3 I give devise and bequeath to my daughter Isabella wife of Frank Bowen the lot on the west side of my said farm known as the McDougall lot containing thirteen acres more or less subject nevertheless to the free use by my said son of the waters of the spring on said lot and the right to go on the said lot for the said use of the waters. The above bequeathed lot shall not extend in a north westerly direction beyond the highway known as the new road and shall not become the property of my said daughter till after the death of my wife but be jointly enjoyed by her and my said son till her decease.

4 At the death of my said wife my said son shall pay my daughter Mary Jane and Margaret five dollars each.

5 At the death of my said wife my said son shall give my daughter Catherine wife of James Scott one Cow.

6 I give devise and bequeath to my brother Samuel Archibald Foster the lot on the west side of my farm and being part of the aforesaid McDougall lot and situate lying and being to the north west of the said new road and bounded on the northwest by the intercolonial railway lands and on the southwest by a lot owned by one Isaac Wall he my said brother to become owner of said lot at the death of my said wife Margaret.

7. I nominate and appoint my wife Margaret and my son William James executrix and executor of this my last Will and testament.

In testimony whereof I have hereto set my hand and Seal the seventeenth day of December A.D. 1889.

Signed John Foster L.S.

Signed sealed and published and declared as the last Will and Testament by John Foster in the presence of us, the undersigned both present at the same time who at his request and with the presence of each other have hereunto subscribed our names as witnesses. Signed ---- Smith Foster

    "     ----- A.W. Tanner

Note: The following is part of a form letter and has a large blue seal affixed.

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 Will and Granting Letters of Administration, &c,. in and throughout the County of Pictou, or in the Province of Nova Scotia.

To all to Whom these Presents shall Come: Greeting. Know Ye, that on the day of the date hereof, Before me, James Fogo the last Will and Testament of John Foster late of Fisher's Grant in the county aforesaid, Farmer deceased (of which last Will and Testament is a true copy is hereunto annexed,)

was proven 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 Fisher's Grant, aforesaid in the County aforesaid, by reason whereof the proving, approving, and allowing the said Will, and the granting, Administration of all and singular the said; 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 William James Foster of Fisher's Grant in the County of Pictou, Railway Conductor, Intercolonial Railway - (Margaret Foster- the executrix named in the Will of deceased, having renounced her trust) the Executor named in the said last Will and testament he being first sworn, well and faithfully to administer the same, and to make a full and true inventory of all and singular the said the Real Estate, Goods, Chattels, Rights and Credits, and to exhibit the same into the Registry of our said Court, on or before the 22nd. day of April next ensuing, and also to render a just and true account thereof, and to do and perform, when 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 said Court, under the Seal thereof the 22nd. day of January in the year of our Lord One Thousand Eight Hundred and ninety four and in the fifty seventh year of Her Majesty's reign. John H Lane Registrar