Public Archives of Prince Edward Island, R. G. 6.2, Series 1; Probate Court Will, Liber 13, Folio 291 - 294.
In the name of God, Amen -
This is the last will and testament of me, John Smith, of Middleton, Lot 26, Prince County, province of Prince Edward Island, Dominion of Canada, I, Being at the time of the making of this my will, of sound disposing mind, memory and understanding. After the payment of my just debts, funeral and testamentary expenses, I will bequeath and devise my estate, money and effects as follows:
I will, bequeath to my son, James Smith, the sum of five Hundred Dollars ($500) in Cash, out of my private money in twelve months after my decease. -
I also bequeath to my Daughter, Mary Ann Dunn, widow of the late Peter Dunn, the sum of Six Hundred Dollars ($600) to be paid in 9 months after my decease and two Hundred and ten dollars which the late Peter Dunn received from me in Cash, Heretofore making in all 810 dollars, and I also bequeath to my daughter, Mary Ann Dunn, my sewing machine worked by hand in one month after my decease.
I bequeath to my daughter Catherine McKenna, wife of John McKenna, the sum of five Hundred Dollars in Cash to be paid in 9 months after my decease if she survives me, if, in case I survive her, the 500 Dollars is to be divided equally between her son John Francis McKenna and her daughter Margaret Ann McKenna when they are 21 years old and if either of them dies before they are 21 years old, the other is to receive the whole sum, principal and Interest, and if the two die before they are 21 years old, the father is to receive the money.
I also bequeath to my grandson, John Francis McKenna, the sum of $200 dollars. The said bequest to be deposited in the Dominion Savings Bank and the Interest to be added to the principal, until the boy is 21 years old and then him to receive the whole amount. This money is to be deposited in the bank by my executors and them to look after it until the boy comes to age, and if the boy dies before he comes to age, and his mother to be living, she is to receive principal and Interest. If mother and son is dead, and his Father living, he then is to receive the money.
I also bequeath to my daughter Elizabeth Duffy, wife of James Duffy, the sum of Six Hundred Dollars ($600) in cash nine months after my decease.
I bequeath to my son, Thomas Smith, the homestead farm of land that I reside on after my decease, containing 116 acres a little more or less, and free of rent forever with the dwelling house and barn and all out-buildings, cattle, and sheep and horses, and farming implements and also my household furniture, except what I mentioned, willed to other parties. I also bequeath to my son, Thomas Smith, Six Hundred Dollars ($600) in cash out of my private money to be paid to him by my executors twelve months after my decease.
I authorize my executors to see that my son Philip Smith's three boys get the benefit of my farm of One Hundred and twenty-three acres on which they now reside, as long as Annie, the said Philip Smith's widow, remains unmarried and takes care of his children. I will giver her liberty to hold the said farm and buildings thereon to raise what crop will support them all. But she, the said Annie Smith, must not sell, cut or otherwise dispose of any lumber or fencing or to farm except what is necessary for the use of the place. If she can educate her said children, and give James Daniel and George Emmet each a trade to earn a livelihood thereby, I will be well pleased. For John Mark and his mother, providing she remains unmarried as aforesaid, to have the said farm during their joint lives. And then to descend to the survivor. But should the said widow, Annie Smith get married again or fail to provide for her said children, as hereinbefore mentioned, providing that the said James Daniel and George Emmet should desire to learn a trade that then and in that case, I desire and authorize my said Executors to sell the said farm for the highest price they can obtain for the same and deposit the proceeds of the said sale in the Dominion Savings Bank. The yearly interest thereof to be applied to the support and maintenance of the said children, and when they, or the survivors of them, arrive at the age of twenty-one years, my Executors are to divide the proceeds of the said farm deposited as aforesaid in equal shares between them, the said surviving children. If in case my Executors will have to sell this property, I give them full power to sign a good and valid deed out of my deed in the Recording Office in Charlottetown.
I bequeath to my grandson Peter Murphy the sum of One Thousand and Seventy-one Dollars and eighty-five cents ($1071.85). This is the full amount that Peter sent to me that was entered in the first Pass Book. They will take no more money in deposits in this Book. But the interest will be added to it each year that it stays in the Bank. This money you can Receive any time you return home. There is a second Pass Book. The first that was entered in it was the 100 Dollars that came by Draft from Montana, and the $360, the last you sent by Express, making in the second book $460. This is in your own name and I am only [???].......for it. You can draw it out of the bank yourself when you return home. The last money you sent was $140 Dollars by Express which I deposited on October the 16th 1888, making in all $602, in the second pass book.
I bequeath to my grandson, Ugenie [Eugene] Peter Smith $100 dollars cash to be put in the Savings Bank until the boy is 21 years of Age by my Executors 12 months after my decease. Then him to receive principal and interest.
I bequeath to my infant granddaughter, Margaret Ann McKenna, the sum of ($100) twelve months after my decease and my Executor is to deposit this money in the Dominion Savings Bank in Summerside and the Interest is to be added to the Principal until she is 20 years of age, and then she is to receive the whole sum. And if she dies before she is 20 years old, her brother John Francis McKenna is to receive her money when he is 21 years old. And if they are both dead, and Father or Mother living, or either of them, may draw the money.
I give and bequeath to my granddaughter Zita Smith my Dominion Organ.
To my Executors, a word: I hold a mortgage deed on James Curley's farm of land containing 91 cares of land on Lot 25. And he had occasion to borrow from me Two Hundred and twenty-five dollars ($225) at seven per cent per annum for 5 years. The first to come due the 13th day of December 1885, and the last payment comes due on the 13th day of December 1889. I authorize my executors to receive the money and to give him a quit claim supposing I am dead and gone.
I also bequeath to me Daughter Elizabeth Duffy my Shiffanear [chiffonier.] I authorize my Executors to see that she gets it all right as I promised it to her when I bought it.
I bequeath to my daughter Mary Ann Dunn, my bed and her mother's, and bedding and bedstead, and wash stand, two good new bed ticks, one full of feathers, the other with chaff, and I also devise to my daughter Mary Ann Dunn, my horse waggon, sleigh and harness after my decease, three months after my decease.
I authorize my Executors to put up a monument to my memory and my wife's, out of my private money. It will cost upwards of One Hundred Dollars ($100) and Twenty dollars ($20) for Masses for myself after my death.
I bequeath to my Grandchildren 1st, Peter Murphy, the sum of $100 in nine months after my decease; I bequeath to my Granddaughter Mary Ann Murphy, widow of the late Daniel Owens, $100, after my decease. I also bequeath to my Granddaughter, Maggie Jean Murphy, the sum of $100.00, twelve months after my decease.
I constitute my son, James Smith of Bedeque and my son-in-law, James Duffy of Kinkora, Lot 27, My Executors, and I give them full power to collect my outstanding debts, notes of hand, and draw all my cash deposits out of the different banks, and pay all my bequests and to transact all business connected with this will. If there is any surplus funds in the hands of my executors after the business is closed, I authorize them to divide it equally between my three daughters, Mary Ann Dunn, and Catherine McKenna and Elizabeth Duffy, and also my two sons, James Smith and Thomas Smith, to have equal shares of the surplus money.
In witness whereof I have hereunto set my hand and seal this 11th day of March, in the year of Our Lord, one thousand, Eight hundred and eighty-nine.
Signed by me, the said John Smith, as and for my last will and testament in the presence of us present at the same time who at my request in my presence and in the presence of each other have hereunto subscribed our names as attending witnesses.
Louis Philip Smith
Henry Edwin Smith.
Signed: John Smith
This will was proved on 23rd January, 1893 on the oath of Henry Edwin smith and on the same day, probate was granted to both executors as certified by Richard Reddin,
Judge of Probate.
[Annie Smith was the daughter of Daniel McMillan and Elizabeth Mullen. John Smith died in January 1893, and she died in November 1893, without remarrying. In the Census of 1901, George Emmet and James Daniel were living with their grandparents in Miscouche; John Mark may have been at St. Dunstan's College. In 1913, James Daniel was a teacher in Ponoka, Alberta; George Emmet was a carpenter in Winnipeg, Manitoba. John Mark studied at Harvard and became a dentist in Chelsea, Mass. This latter information is from the Land Registry Office in Summerside, Liber 48, Folio 859.]