No. 38 McK
Prince Edward Island
Prince Town Royalty
In the name of God amen this Twenty Eighth day of September in the year of our Lord one thousand Eight hundred and Fifty. I John MacKay of Prince Town Royalty Farmer being sick and weak of body but of sound mind and memory do make and ordain this my last Will and Testament that is to say I give and bequeath to my several children surviving me my said property both real and personal as expressed herein. First I give and bequeath to my son William the Dwelling House, Barn and other buildings with certain Pasture Lots known as Numbers Two Hundred and Twenty five (225) Two hundred and Twenty six (226) Two hundred and Twenty seven (227) Two hundred and Thirty four (234) Two hundred and thirty five (235) Two hundred and Thirty six (236) Two hundred and forty one (241) and one acre part of Lot Two hundred and forty seven (247) and half an acre of lot Two hundred and Seven (207) being more or lefs with the stock, Household furniture and implements of Husbandry. I am now possefsed of subject to certain conditions and restrictions herein stated That he the said William my Son shall possefs and enjoy the same so long as he shall maintain and support his Mother and his several sisters Nancy, Eliza and Rachael out of the said Lands and Property whilst they remain with him as they have been accustomed to during my lifetime or until any or all of them should become married when they shall then be entitled to receive each and every of them one cow and four sheep out of the said stock and in the event or should his Mother have caused to leave and live with any other branch of her family then and in such case it is my desire that he should shall be bound and obliged to give unto his said Mother a Sum such as may be deemed sufficient for her maintainance and support and shall also support and give unto his brother Alexander a fair education such as I intended to give him until he should attain the age of nineteen should be continue and remain with him up to that time and assist as far as he can towards the support of the family when he shall then be entitled to receive as a bequest all my right title and claim of certain Pasture Lots known as Numbers Two hundred and Twenty three (223) Two hundred and twenty four (224) and Two hundred and Thirty Three (233) should the said lots be not attainable it is my will and pleasure that he shall receive the sum of Thirty pounds out of the said property by appraisement And I also give and bequeath to my son David one pasture Lot known as Number Two Hundred and Eighteen 218 in the like manner, but subject to a private Road of Twelve feet for the convenience of Egrefs and ingrefs of the others of my family and the said lot shall not be disposed of by my son David contrary to the wishes of my said family – I further give and bequeath to my Eldest son James one pasture lot Number Two hundred and forty two (242) as his proportion out of said landed property the said Lot to remain for the use and benefit of my son William or family during the pleasure of him my son James whom I appoint and ordain as my sole Executor and Guardian to my said Wife and family and to whom all and every particular care and management shall be under his immediate direction and control for the better fulfilling and perfecting of my Intentions and desire of this my last and testament and in the event of death or other or other casualty of my said son William before the death or demise of my beloved wife Eliza then it is my further will and pleasure that the said property both real and personal shall be at the disposal of my son James as my Executor and Guardian for the use and benefit of my beloved wife Eliza and others of the surviving males part of my family except as herein provided or expressed for the female part of my family ratifying and confirming this and no other to be my last will and testament. In Witnefs whereof I have hereunto set my hand and seal the day and year first above written.
(sgd) Neil Taylor
Signed, Sealed, published pronounced and declared by the said John MacKay as his last Will and Testament in the presence of us subscribes hereunto.
(sgd) John McKay (L.S.)
(sgd) Archibald Ramsay
(sgd) Jane McKay
(sgd) James McKay
This will was proved on the 2nd day of November 1850 on the oath of James McKay and probate granted to executor therein named.
(sgd) R. Hodgson
Surrogate Judge of ProbateCompd
As certified by Anne M. Ayers
Registrar.