The Will of William Howard (1790-1871, Lot 32)
Will books, V8, 1868 – 1875
FHL Film 861203, p. 283 - 287
b. 1790 d 22 Mar 1871
In the name of God amen. I William Howard of York River on Township number thirty two in Prince Edward Island Farmer being now advanced in years and in a somewhat infirm state of bodily health but being of sound [?disposing] mind, memory and understanding do make and publish this my last will and testament in manner and form following. Whereas I have already given a deed to my youngest Son John Howard of that part of the land belonging to me on Township number Thirty two which lies to the Eastward of the York River Settlement Road containing about one hundred and ten acres with the Buildings and appurtenances thereto belonging / the same being part of a Tract of two hundred and forty six acres or thereabout formerly held by me y leasehold tenure under the Late Sir Samuel Cunard by which I have lately agreed to purchase in few fund the Government to Hold to him his heirs and assigns subject to the payment of a yearly Rent or Annuity of One Hundred pounds per annum [line unreadable in this copy from film] and in case belonging I give and devise the same to my said Son John Howard to have to him for the term of his natural life (without impeachment for waste) with remainder to my Grandson William Howard, the oldest son of my said son John his Heirs and assigns forever the said remainder to rest in my said Grandson William Howard upon his attaining the age of twenty one years and should my said Grandson William Howard die before attaining that age then with remainder to my Grandson Benjamin Willington Perkins Howard the second son of my said son John Howard his Heirs and Assigns and failing my last mentioned grandson attaining the age of twenty one years then to hold the said lands and premises to my said Son John Howard his Heirs and Assigns forever.
I give and devise the farm and premises belonging to me situate near Dog or Clyde R[iver] Bridge containing about one hundred and thirty acres with the Buildings and appurtenances thereto belonging lately occupied by my late Son Thomas or all my Right Title Estate and Interest therein and thereto to my Grandson William Howard the eldest son of my said deceased Son Tomas Howard when and so soon as he attains the age of Twenty one years and to his Heirs and Assigns upon Condition that he pays to his younger Brother Thomas Wellington Perkins Howard the sum of Two hundred pounds currency on his attaining the age of twenty one years.
I give and devise to my Grandson William Howard the eldest son of my son Charles and his heirs all that tract containing about forty five acres of freehold land with the appurtenances situate on said Township number thirty two (purchased by me from the Government of Prince Edward Island) and lying between my son Samuel’s Farm and the farm of Robert Frizzle provided my said Grandson returns to this Island within two years from the time of my death and in case he should not so return or should die within the said period then I give and devise the said Tract of land and premises to my Grandson Charles Howard the second son of my said son Charles. and [line missing from copy] by such of my said two grandsons (sons of my said son Charles) as shall be entitle to the last mentioned land and from and after the expiration of said two years the said annuity of ten pounds per annum to be paid to my said dear wife by half yearly fragments during her life time and so in proportion for less than half a year.
I give and bequeath to my eldest son Charles Howard the sum of five shillings having already given him what I deem a sufficient share of my property. I have already given to my Son James Howard the farm on which he now resides on Lot number Thirty two aforesaid with some stock which I deem sufficient as his share of my property. I have also advanced and paid a considerable sum for my Son Samuel Howard toward the purchase of the farm on which he now resides on Lot thirty two besides given him some stock and which I consider sufficient as his share of my property. I give to my daughter Jane wife of Richard Heartz Esquire of Charlottetown the sum of five shillings considering that she is so well married and therefore that my other children require my assistance. I bequeath to my daughter Elizabeth wife of John L Godkin of Charlottetown have already given her what I think her share considering that she is also well married.
I bequeath to my daughter Sarah wife of Jonathan Smith of New Wildshire Lot 31 the sum of five shillings having already advanced and paid to her what I consider sufficient.
I give to the children of my deceased daughter Mary Ann Hobbs late wife of John Hobbs the sum of five shillings she having received what I considered sufficient during her life time. I give devise and bequeath to my said Son John Howard subject to the payment of my just debts and funeral expenses the whole of the farming stock horse cattle household furniture goods chattels and effects of every hand on the farm conveyed by one to my said Son John and now in his possession and all the rest residue and remainder of my property real and freed on all of what nature or kindsoever including any monies which may belong to me indisposed of at the time of my disease To Hold the same to my said Son John his Heirs Executors Administrators and assigns forever. I hereby nominate and appoint my Son in law Richard Heartz Esquire and my Son John Howard the Executors of this my will and hereby revoking all other wills and Testamentary dispositions by me at any time heretofore made I do declare this only to be my last will and Testament
Signed sealed published and
declared by the said Testator
William Howard as and for
his last will and Testament in
the presence of us who have hereunto
subscribed our names as witnesses
the words "on Lot number Thirty two"
having been first underlined at the
foot of the third page in ‘lieu’ of two
words struck out on that page and
one word at the top of the forth page
J Longworth Barrister at Law
F. L. Haszard his Clerk
J [?]ford D
This will was proved on the 29th of March 1871 on the [?] of John Longworth a subscribing witness, and on the same day Probate was granted to John Howard, on of the Executors, power being reserved to grant the same to the other Executor, when required.
Judge of Probate