Last Will and Testament of William Derby (1808-1883), Murray Harbour, P.E.I.
Provincial Archives P.E.I. Wills Register: Vol. 10, 517-519; will filed 5 July 1883.
In the name of God Amen. I William Derby of White Sands Lot Sixty four (64) in the Parish of Saint Andrews Kings County Province of Prince Edward Island, Dominion of Canada, Farmer, being weak in body but of perfect mind and memory thanks be given unto God, calling unto mind the mortality of my body 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 give and recommend my soul unto the hand of Almighty God that gave it and my body I recommend to the earth to buried in decent Christian burial at the discretion of my Executors nothing doubting but at the general resurrection I shall by the mighty power of God and our Lord Jesus Christ and as touching such worldly goods and estate wherewith it has pleased God to bless me in this life I give devise and dispose of the same in the following manner and form:
First I give and devise unto my adopted son James Ebenezer Derby all my right-title and interest in and unto Fifty acres of land with the buildings thereon situated at White Sands on Lot Sixty four (64) for the term of his natural life provided he fulfills the undermentioned conditions during the term of his occupancy of the aforesaid Estate, namely he is to pay all Government taxes that may be levied on the said Estate and if his present wife Ann Derby should die and if he should marry again, that wife or any future wife or any children that he may have by them shall have no right claim title or interest in the aforesaid Estate and if his present wife, the aforesaid Ann Derby should survive her present husband the aforesaid James Ebenezer Derby I give and devise unto her all my right title and interest in and unto the above mentioned Estate for the term of her natural life provided she never marries again. And the aforesaid James Ebenezer Derby and Ann Derby his wife, shall not rent nor dispose nor give possession to any person or persons of the aforesaid Estate or any part thereof during their term of occupancy of it but shall keep it in good condition and proper working order And also that if the said James Ebenezer Derby and Ann Derby his wife should move off the said Estate so as to vacate the place they shall immediately forfeit all claim to it.
Next I give and devise unto my daughter Caroline Brooks, wife of Joseph Brooks and her heirs forever all my right title and interest in and unto the above mentioned Estate after the decease of the aforesaid James Ebenezer Derby and his wife the aforesaid Ann Derby.
Next I give and bequeath unto my said daughter Caroline Brooks, wife of Joseph Brooks, one milk cow, four Ewe Sheep, my watch and appendages and my feather bed or its equivalent in money, this bequest to be paid to my said daughter immediately after my decease, the said cow is not to exceed four years of age nor the sheep three years of age.
Next I give and bequeath unto Sarah Ann Derby, daughter of James Ebenezer Derby and his wife Ann Derby the sum of four dollars of lawful money of the Dominion of Canada.
Next I give and bequeath unto Moses Derby son of James Ebenezer Derby and Ann Derby his wife the sum of four dollars of lawful money of the Dominion of Canada.
Next I give and bequeath unto Caroline Derby, daughter of James Ebenezer Derby and Ann Derby his wife the sum of four dollars of lawful money of the Dominion of Canada.
Next I give and bequeath unto Miriam Derby daughter of James Ebenezer Derby and Ann Derby his wife the sum of four dollars of lawful money of the Dominion of Canada.
Next I give and bequeath unto William Derby son of James Ebenezer Derby and Ann Derby his wife the sum of five dollars of lawful money of the Dominion of Canada. The said legacies to each of the five children of the aforesaid James Ebenezer Derby and Ann Derby his wife, shall be paid to them at the time that each of them shall attain the age of sixteen years.
Next I give and bequeath unto James Ebenzer Derby and Ann Derby his wife, all my personal Estate with the exception of that part of it that I have bequeathed to my daughter Caroline Brooks for their term of the occupancy of the aforesaid Estate.
Also I constitute make and ordain my well beloved daughter Caroline Brooks, wife of Joseph Brooks, my Executrix together with William McLeod of White Sands, farmer, Thomas N. Beck of Murray Harbour South, farmer, and James Ebenezer Derby, my executors of this my last will and testament all and singular my lands messuages and tenements to be freely possessed and enjoyed and I do hereby utterly disallow revoke and disannul all and every other former testaments wills legacies bequests and executors by me in anywise before named willed and bequeathed ratifiying and confirming this and no other to be my last will and testament. In witness whereof I hereunto set my hand and seal this twenty third day of May in the year of our Lord one thousand eight hundred and eighty one. Signed Wm. Derby.
Signed sealed published and declared by the said William Derby as and for his last Will and Testament in presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses hereto: Witnesses signed: Daniel Brehaut, and James Bell, Junior.
This will was proved on the 3rd July 1883 on the oath of Daniel Brehaut, subscribing witness, before Commr. Kiely. Charles Young, Judge of Probates.