Last Will and Testament of Donald MacBeath Esquire
Hillsborough River, Lot #34 P.E.I.
Dated December 16th 1861In the name of God Amen I Donald MacBeath Farmer of Hillsborough River on Lot or Township number Thirty four (34) in Prince Edward Island being of sound and disposing mind memory and understanding, but considering the uncertainly of human life do make and publish this my last Will and Testament in manner and form following that is to say I will demise and bequeath to my son Alexander, all my Right Title and Interest in and to my Freehold farm according to the Deed which I hold of the same from the Montgomeries and also to my said son the Leasehold interest in and to Fifty acres of land adjoining my said Farm on the West and purchased by me from the late John Robertson together with all buildings, crops, Stock of cattle, Implements of Husbandry, including very descriptive of each respectively as aforesaid which shall belong to me on said farms at the time of my decease. And further I hereby Give demise and bequeath to my said son Alexander all moneys and debts of every descriptive which shall belong to me at the time of my decease, excepting the Bequests herein contained to my daughters or their heirs, and also subject to the Provisions and stipulations herein provided.
Marjorie Mrs. John Scott
I Give demise and Bequeath to each of my daughters Margaret Catherine, ^ Jessie, Grace, and Jean Ann,
(One Hundred) the half of which to be paid after my death and the other half
One hundred and fifty pounds currency, to my daughter Isabella Fifty pounds ^ to be left in the hands of my son Alexander, the lawful interest thereof to be laid out by him in providing for her, or for her children, from year to year during her lifetime, shoes and such other clothing as they may require and after her demise the said Fifty pounds to be equally divided amongst her surviving children, when they shall have attained the age of having the lawful management of their own affairs.
My said daughter Isabella having received from me since her marriage Fifty pounds the Bequest aforesaid will make up One hundred pounds more. I give Demise and bequeath to my daughter Christian now Mrs. William
MacLeod One hundred
AFifty^ pounds currency deducting there from as much as has been paid since the time of her marriage. A deduction shall in like manner be made from the Bequest herein contained to any of my other daughters to whom money has been paid since the time of their marriage.
My son Alexander is hereby bound to maintain and provide for each of my daughters, who shall be unmarried at the time of my decease in board, lodging and such other necessaries, and accommodation as they have been accustomed to during my life time, the same to be provided for them so long as they choose to make a home with their brother.
And further I leave the sum of Seven hundred pounds to be laid out as interest which interest shall be paid to my son Alexander to maintain my daughters aforesaid who are unmarried and shall remain with him after my decease. This provision extends to my daughter Elizabeth though not named before and I hereby Give demise and bequeath to my said daughter Elizabeth the sum of Two hundred pounds currency, Provided also that if any of my daughters shall become Widows, or shall leave an orphan child or children, or if circumstances shall occur to make it necessary for any of them to leave the Island, or to leave as residing in their brothers house, then the Seven Hundred pounds aforesaid shall be equally divided amongst all my daughters. And should any of my daughters now at home, discontinue to reside with their brother, on account of getting married or otherwise, after my decease then their brother shall provide each which may be so circumstanced with such body and bed clothing and furniture as have been given to my daughter who has been married. It is also hereby provided that each of my daughters shall accept of the sums bequeathed to them in promissory notes and securities which I hold from persons who have to pay the same to me, and according to a statement hereunto annexed. And it is further provided that should any of the notes and securities aforesaid turn out to be bad debts, or the party or parties be unable to pay the respective sum or sums to each of my daughters I hereby bind my son Alexander to make up to each of them who may be so deficient the sum or sums required from the Property and money bequeathed herein to himself. And all other property not herein bequeathed and disposed of which shall belong to me at the time of my decease or over which I may have a disposing power whither real or personal, howsoever or wheresoever situate, I hereby Give demise and bequeath to my son Alexander, his heirs and assigns, and the sums which I have bequeathed aforesaid to my daughters are also to be understood to discern to their heirs and assigns.
And I hereby constitute and appoint my friend Robert Robertson, Saint Peter's Road, and William Scott Junior (William's Son) Executors of this my Last Will and Testament, in the full assurance that they Will do what is just and right in fulfilling this my Will and desire my said Legatees to pay them all costs and charges. In Witness whereof I the said Donald MacBeath have to this my last Will and Testament set my hand and affixed my seal this sixteenth day of December in the year of our Lord one thousand eight hundred and sixty one.
Signed sealed published and declared by the said Donald MacBeath as and for his last Will and Testament in the presence of us, who in his presence and at his request and in the presence of each other, have subscribed our names as Witnesses hereto. Before signing this Will and Testament the words: Marjory Mrs. John Scott has been interlined on the first Page - also one hundred the half of which to be paid after my death and the other half also the word AFifty deleted and fifty interlined Second half. John Ferguson
In the Probate Court 32nd Vic A.D. 1868
Filed Oct 11 1868 Regd. Lib ? 489 491
The annexed will of Donald McBeath having been presented by Subscribing John Ferguson of Lot 34 in said Island Farmer one of the subscribing Witnesses thereto made oath that he was present and to see the Testator sign his name and affix his Seal hereto and heard him perceive and declare the same on and for his last Will and Testament that when Testator so did he was of sound existing mind and memory according to this deponents best describing ; That he subscribed his name in a witness hereto in the presence of Testator and that John Robertson subscribed his name as a Witness hereto at the same time ~
Sworn to in this Chamber this 11th day of October A.D. 1868 Before Me
Judge of Probate