The Last Will and Testament of John DriscollLiber 12 Folio 38
This is the Last Will and Testament of me, John Driscoll of Cape Traverse in Prince Edward Island, Farmer.
I hereby revoke all former other wills, Codicils and testamentary papers by me at any time heretofore made.
I direct that all my just debts, funeral and testamentary expenses and the expenses incident to the administration of my estate be paid out of my estate by my executors herein after named.
I hereby nominate and appoint William Deagan of Cape Traverse, Farmer and John Kehoe of Tryon, Farmer to be the Executors of this my last will and testament.
I hereby give and bequeath unto my beloved wife Mary Driscoll during the term of her natural life, a good and sufficient maintenance befitting her station in life, out of the homestead hereinafter bequeathed to my son John A. Driscoll; or should she at anytime so elect she shall and may have in lieu of such maintenance the exclusive use of the two westerly rooms in the dwelling house on the homestead – the same to be properly fitted and furnished by my said son John A. Driscoll for her use, and also the use of one cow and three sheep. And also an annuity or yearly sum of Forty dollars to be paid quarterly during said term. And I charge the said lands hereinafter devised to my said son with all the provisions herein made for my beloved wife and I direct that the said provisions shall be by her accepted in lieu of Dower.
I hereby give and devise to my son William Stephen Driscoll his heirs and assigns that certain farm and adjoining my homestead commonly known as the Allan McNeill farm containing about eighty two acres (excepting thereout one and one quarter acre here in after with a house 26 x 20 finished below stairs and barn 40 x 30 described) subject to the payment thereout to my son John A. Driscoll of the sum of Three hundred dollars - payable in three equal annual payments next after my decease -. I also give and bequeath to my said son William Stephen Driscoll two horses, three cows, five sheep, two pigs, one cart, one set harness, one set harrows, and one plough on his attaining the age of twenty seven years - the same to be fairly selected and given by my son John A. Driscoll to my son William S. Driscoll out of the goods and chattels hereinafter bequeathed to my son John A. Driscoll or out of those which may be in his possession when the said William S. Driscoll attains the age of twenty seven years – Provided however that the said William Stephen Driscoll shall remain in the homestead until he attains the age of twenty seven years and assist the said John A. Driscoll in the care and management thereof.
I give and bequeath to my son Michael Driscoll a sufficient sum of money to enable him by application to study to obtain an education equal to that of a third class teacher including a fair knowledge of book keeping and in addition thereto the sum of three hundred dollars in cash payable in three equal annual installments after my decease and I direct that the said money’s be paid by my son John A. Driscoll and be a charge on the land hereinafter to him.
I give and bequeath to my daughter Catherine the sum of twenty dollars to be paid to her by my son John A. Driscoll.
I give and bequeath to my daughter Eliza Ann one bed and bedding, one cow, and three sheep, the same to be subject to the reasonable selection of my son John A. Driscoll.
I give and bequeath to my daughter Frances Jane one bed and bedding, one cow, and three sheep – the same to be subject to the reasonable selection of my son John A. Driscoll. I also five and bequeath to her the sum of forty dollars to be paid to her by my said son John A. Driscoll.
I give and devise unto my son John A. Driscoll his heirs and assigns all my homestead farm containing about ninety five acres bounded on the west by land in the possession of William E. Bell, on the south by lands in the possession of Josiah Howatt, on the north by land in the possession of John D. Muttart, and on the east by lands herein before devised to the said William Stephen Driscoll. Also, one acre and a quarter of the Allan McNeill farm situated and being in an angle in the westerly boundary thereof and lying between said angle and a waterway or swail crossing said land – To have and to hold all and singular the said lands and premises with the appurtenances unto the use of the said John A. Driscoll his heirs and assigns subject to the said several charges thereon as herein before mentioned.
I also give and devise unto my said John A. Driscoll all the rest and residence of my real and personal estate whatsoever and wheresoever to hold the same unto John A. Driscoll his heirs, executors, administrators and assigns absolutely forever.
And I declare that my executors shall be chargeable for each other only with such moneys as the respectively shall actually receive and shall not be answerable for each other, nor otherwise for in-------ing -----.
In Witness whereof I the said testator have hereunto set my hand and seal this twenty eight day of December A.D. 1887.
Signed, sealed, published, and declared by the said testator, us, and for his last will and testament in the presence of us present at the same time and at his requesting his presence and in the presence of each other have subsented our names.
(Signed) John x Driscoll
(Signed) William E. Deegan
( " ) Donald Bell
This will was proved on the 14th March 1888, on the oath of William E. Deegan, a subscribing witness before Charles Young, Judge of Probate