The Will of Jabez Barnard (-1859, Charlottetown)
In the Name of God Amen - I Jabez Barnard of Charlottetown in Prince Edward Island, Carpenter, feeling myself 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, that is to say: -- I give devise and bequeath to the Hon.ble Henry Allen Johnson M.D. of Charlotte Town and George Beer of the Same place Esquire All my Real Estate Lands Tenements and Hereditaments Whatsoever in the Said Island, the same consisting of Three Messuages of Dwelling Houses (the whole comprising six separate tenements) with the Sands outbuildings and appurtenances to the same belonging situate on Town Lot Number Forty (40) in the fourth hundred of Lots in Charlottetown aforesaid - To Hold the same to the said Henry Allen Johnson and George Beer and the Survivor of them and the Heirs and a?igns of such Survivor Upon the Trusts and to and for the several uses and purposes hereinafter mentioned, that is to say, In Trust that they the said Trustees or the Survivor of them or the Trustees or Trustees for the time being of this my will do and shall with all convenient speed and at farthest within Six calendar months after my decease, sell or ??? to be sold either by private sale or public auction as to my said Trustees or Trustee shall seem best or most advantageous for the interest of my Estate, and for the highest of best price and prices that can be gotten for the same the whole of my said Real Estate and Lands Tenements and hereditaments whatsoever, and in order to enhance the price of my said Real Estate and premises it is my will and desire that a credit of Twelve months from the time of such sale or sales of said Real Estate shall be allowed and given to the purchaser or purchasers there of if he or they shall desire it with full power to the said Trustees or Trustees upon such sale or sales effected to make and execute to the said purchaser or purchasers good and sufficient Deeds and Conveyances in the Law of the said premises in fee simple, the said Trustees of Trustee in the event of the whole purchase money not being paid up at the time of the Execution of the Conveyances, taking security upon the said respective premises by mortgage or otherwise as he or they may think fit for the Balance or residue of such purchases money with Interest. --- And whereas the Hon.ble Charles Heusley late of the said Island holds Judgment & Mortgage Security over the said Real Estate given by me to secure a debt due by my son Silas Barnard for money lent and advanced by Mr. Heusley to him, upon which a Balance of principal and Interest remains due -- Now it is my will that my said Trustees or Trustee shall out of the Proceeds of my said Real Estate in the first place pay to the said Charles Heusley or his Attorney the Balance of principal money due on the said Judgment and mortgage Security, my desire being that my said son Silas shall pay off the Balance of Interest and expenses due on said Judgment and Mortgage Security, and should he fail to do so I direct the Executors of this my will to call upon him for the same; and which said Balance to principal money I intend and hereby direct shall be in lieu of the share of monies which my said Son Silas would otherwise receive in common with his Brothers and Sisters under this my Will - And as to the proceeds or moneys to arise from the Sale of my said Real Estate it is my Will and I do hereby direct that after satisfactory of the Balance due for principal money on the said Security and the trifling expenses attending such sale, the said monies or proceeds shall be divided into ten equal shares or portions, and which said ten shares or portions I direct shall be paid by my said Trustees or Trustee to my ten children hereinafter named, to each child a full or equal share, that is to say - Catherine Hodgson the wife of John Hodgson of Cavendish, Mary Chappell Widow of the late Benjamin Chappell deceased, Ann Moore, Wife of Edward Moore, Elizabeth Hodgson, Wife of James Hodgson, Margaret Barnard, Jane Barnard, John Frederick Barnard, (at present in the United States of America) Amelia Fall, Wife of John Stephen Fall also at present in the United States; and Jabez Alder Barnard and Thomas Grimball Barnard both at present also in the United States - Provided always and it is my Will that the shares of my said Sons Jabez Alder Barnard and Thomas Grimball Barnard shall each be subject to a deduction of Twenty Pounds currency, which said two sums of Twenty Pounds each shall be added to the share of my said Daughter Jane Barnard and paid to her. –
Provided also and I do hereby declare that the purchaser or purchasers of the said Real Estate or any part thereof shall not be bound or liable to see to the application of monies to arise therefrom or any part thereof, or in any manner answerable or accountable for the ??? misapplication of nonapplication thereof - Provided further and I do hereby declare that if either of the said Trustees hereinbefore named any Trustee to be appointed as hereinafter mentioned should die or decline or become unwilling or unable from any cause to act in the management of the Trusts of this my Will then and in such case I do hereby authorize the Surviving or continuing Trustee by Deed or memorandum in writing under his hand, the same to be filed in the Office of the Surrogate and Judge of Probate of the said Island to appoint another Trustee in the room of such Trustee so dying declining or becoming unable or unwilling to act in the said Trust, who shall have all the powers herein mentioned and conferred upon the original or other Trustee in whose room he shall be so appointed. -- I do hereby give and bequeath to my daughter Jane the whole of my Household Furniture and other personal Estate Effects excepting my Books. I give an bequeath my Books to my four sons to be divided equally between them. -- I do hereby appoint the above named Henry Allan Johnson and George Beer the Executors of this my Will; and hereby revoking all former Wills and testamentary dispositions whatsoever by me at any time heretofore make I do hereby declare this only to my my last Will and Testament --
In witness whereof I have hereunto set my Hand and Seal this second day of May, in the year of our Lord One thousand eight hundred and fifty nine.
Signed sealed and published and declared by the said testator Jabez Barnard as and for his last Will and Testament in the presence of us who have hereto set our names as Witnesses ...
J. W. Longworth
Elizabeth W. Longworth
He died on Jun 22, 1859 in Charlottetown, PEI and had his estate probated on Sep 12, 1859.