The Last Will and Testament of John Cousins (1795-1870)
Submitted by Marilyn Adair
In the name of God, Amen. I, John Cousins, of Lot or Township number Twenty one (21) in the Parish of Granville in Queens County, Prince Edward Island, farmer, being of sound mind and memory and also knowing that it is appointed for all men once to die, Do make, ordain and declare this to be my last will and Testament. First, I recommend my soul to God in hopes of a joyful resurrection, and direct my body to be buried with decency at the discretion of my executors. And as regards my worldly estate I give demise and dispose of the same in the following manner, viz.-
I give and bequeath unto my dearly beloved wife Helen, all my real and personal property that I may be in possession of at the time of my death, after all my just and lawful debts are paid, to be enjoyed by and under, the control of her only during the term of her natural life after which time I will and direct that my real estate on which I now reside consisting of One Hundred acres of land a little more or less be divided in manner and form following: that is to say, to my son, John Cousins, I give and bequeath that portion commencing at the west side of the road leading towards Park Corner and in the north boundary by the farm above mentioned then extending southward along the said road for the distance of six chains or half across the said farm from there two points by two parallel lines running westward along lands owned by John McLeod to the rear of said farm.
And to my son William Cousins I give and bequeath all and singular the remainder of the above mentioned farm west of the aforesaid road leading towards Park Corner.
I also give and bequeath unto my daughter Elizabeth the whole of the remainder lying on the East of the said road save and except four acres in the possession of Charles A Crosby.
And to my son-in-law John Clay I give and bequeath any interest claim or demand I may have in or to the before mentioned four acres of land in the possession of Charles A, Crosby provided remove the same after the death of my said wife Helen. The foregoing division is not to be made until after the death of my said wife Helen at which time it is to become the property of the said John Cousins, William Cousins, Elizabeth Cousins and John Clay, their Heirs and assigns forever. And further I will and direct that should my son John Cousins die before his said Mother, then his portion is to go to my son William Cousins, his Heirs and assigns.
And should my son William Cousins die before his said Mother, then his share is to go to his wife and children.
And should my daughter Elizabeth die before her said Mother without being married and without issue, then her portion is to be sold to the best advantage and the proceeds to be divided equally among my daughters Jane, Mary and Ellen, their Heirs and Assigns.
All my moveable property such as stock, farming implements, household furniture and the like I leave to my said wife Helen to be disposed of as she may see fit. I give and bequeath unto my sons James Cousins and Hugh Cousins, and my daughters Ann Hooper, Mary Waugh and Ellen Cameron the sum of one shilling sterling each to be paid out of my real estate. And lastly I hereby appoint my good and trusty friend John Cousins (William's son) and my sons-in-law John Clay and Alex Waugh as my executors of this my last will and Testament. And I do hereby revoke all former wills, legacies and bequests and executors by me formerly made and named confirming this to be my last Will and Testament.
In Witness whereof I have hereunto set my hand and seal this Twenty sixth day of July in the year of our Lord one thousand eight hundred and sixty nine.
Witnesses "John Cousins"
'Stephen R. Black' 'Angus McLeod'