#44 Will of M. Walsh ----?--- dated 13 Sept 1853, Proved 11 July 1857, Filed July 18, 1857 Granted Letters Tes't to Est'ors Same day Reg'd Lib 5 Fol 472Liber 5 Folio 464
The within will of Michael Walsh being presented for probate James Moar on of the subscribing witnesses thereto made oath that he was present and did see the same Testator sign seal and deliver the same and also heard him publish and declare the same and as his last will and testament and that when he so did he was of sound disposing mind and memory according to this deponents best discerning and that he set and Subscribed his name as a witness thereto, in the said testator's presence and that William Sanderson and all other witnesses set their names in witness thereto at the same time.
Town of Georgetown in the County of Kings County this eleventh day of July 1857.
Commissioner for taking appointments for Said County in the Supreme Court
In the Name of God Amen. I Michael Walsh of Township No. 51 Kings County Prince Edward Island, being of sound and disposing mind and understanding; Do make this My last Will and Testament.
First I direct that all my just debts and funeral expenses be paid by my executor herein After named as soon as conveniently maybe after my decease. I therefore nominate, Constitute and appoint Maurice Walsh, my lawful son of Township #51, Kings Co. Aforesaid, to be the Executor of this my last Will and Testament.
Secondly, I give, devise and bequeath from my personal estate unto my lawful sons as follows; unto Laurence Walsh, the sum of Thirty Pounds current Money of Nova Scotia; to Edward Walsh, John Walsh and James Walsh, each the sum of Five shillings current Money of Prince Edward Island, and to Catherine my daughter a like sum of Five Shillings, to be paid by my said Executor within twelve months after my decease.
Thirdly, I further give, devise and bequeath all the rest residue and remainder of my Estate and Effects Whatsoever, whether real or personal and whether in possession or reversion, remainder or expectancy, unto Maurice Walsh my son and Sole executor as appointed as Aforesaid to be by him held and enjoyed as follows: It is my will and desire that my Son Maurice retain and enjoy my real Estate, comprising fifty acres of land on the aforesaid Township, with the dwelling house, out houses, and Barns with the appurtenances belonging thereto, for the period of his natural life, and that at his death the land shall descend unto the possession of his Eldest Son then alive, to be held and possessed by him in like manner, and so on by the Eldest Son, Alive in Succession, in the Family of Walsh in all time to come, and in failure of issue in the male line then to the Eldest daughter alive, being of the same lineage, to pass from her in a like manner in all time to come. Said Freehold never to be sold, nor to pass from the family of Walsh.
In nominating, constituting and Appointing my said Son Maurice Sole Executor of this my last Will and testament, I hereby revoke and make void All and every other Will or Wills by me at any time heretofore made.
In Witness whereof I, the said Michael Walsh have here unto set my hand, this thirteenth day of September, in the Year of Our Lord, one thousand eight hundred and fifty three.
Signed by the testator Michael Walsh and acknowledged by him to be his last will and testament, in the presence of us, who, at his request, in his presence, and in the presence of each other, have hereunto subscribed our names as Witnesses.
The within will of Michael Walsh, being presented for Probate, James Moar of the subscribing witnesses thereto, made oath that he was present and did see the said Testator, Sign, Seal and deliver the Same. And also heard him publish and declare the same as and for his last will and Testament and that when he did So did he was of Sound disposing mind and memory according to this Deponent's best discerning, and that he set the same Subscribed his name as a Witness thereto, in the said Testator's presence and that William Sanderson and all other Witnesses set their named in witness thereto at the same time.
Sworn at Georgetown in the County of
Kings County this Eleventh day July 1857.
W. SandersonCommissioner for taking affidavits for said County in this Supreme Court.