Wills of Peter and Mary Heron of Prince Edward Island (Darnley Lot 18, P.E.I.)


Libra 2 Folio 79

The Will of Peter Heron [Ahearn] Sen r of Darnley,

Malpeque, Lot 18, PEI

March 29, 1814

In the name of God Amen. I Peter Heron Sen r of Darnley point in the Island of Prince Edward being very sick and weak but of perfect mind and memory, thanks be given unto God; calling unto mind the mortality of my body and knowing that it is appointed for all men once to die, do make and ordain this my last Will and testament, that is to say principally and first of all I give and recommend my Soul into the Hands of Almighty God that give it , and my body I recommend to the earth to be given a decent Christian burial at the direction of my executrix, nothing doubting but at the general resurrection I shall receive the same again, by the mighty power of God - And as touching such worldly estate wherewith it has pleased God to bless me in this life I give, demise and dispose of the same in the following manner and form. I give and bequeath to, Mary my dearly beloved wife the farm containing One hundred acres of land on which I now reside together with all the household goods & chattel as well as movable effects of every denomination whatever also the entire of my stock of Cattle with the farming utensils by her fully to be possessed and enjoyed. And I do hereby utterly disallow revoke and disannul all and every other testament, wills, legacies, bequests & executors by me in any wise before named, willed or bequeathed, ratifying & conforming this, and no other to be my last, will and testament -- In witness thereof I have hereunto set my hand and seal this Twenty Ninth day of March in the year of Our Lord One Thousand Eight Hundred and Fourteen.

Signed Sealed, published pronounced and declared by the said Peter Heron Sen as his last Will and Testament in his presence, and in the presence of each other, have herewith subscribed our names. (words Peter Heron Sen r - interlined)

his usual

Peter X Heron Sen r , {LS}

mark

Js MacNutt
Penelope MacNutt
Margaret MacNutt


Be it known to all men by those present That I Peter Heron Sen r of Darnley point in the Isles of Prince Edward have made and declare my last will and testament in writing ( which is attached to this )(sic) bearing the date the Twenty Ninth day of March 1814 Fourteen. I the said Peter Heron Sen r do authorise and direct my Said Executrix Mary Heron to give and allow my beloved Son James One third part of all the above property contained in said Will and my meaning is that this Codicil be adjudged to be a part and parcel of the before mentioned Will & testament & that all things there & herein contained be faithfully & truly performed. witness my hand This thirty first day of March One Thousand Eight Hundred & Fourteen.

his usual

Peter X Heron Sen r , {LS}

mark

Js McNutt
Daniel Woods
Peter McNutt


Probate granted to Thomas Lawless Son in Law to the deceased on the oath of Helen Lawless daughter of the above Peter Heron Sen r the Testator. Dated the 30th day of October 1826.

Robert Young (??) Judge of Probate

Peterís wife Mary filed a will in 1823 but I do not have a Photostat available at this time. However in 1992 I did make summary notes from the microfilm that are quite detailed. I will try to recreate Mary Heronís will here;

I Mary Heron residing in Lot 18 or Second Pond, PEI ------was left --- 118 or 119 acres of land. I ------leave--- one half to James my son being the westernmost 59 acres and the other half to Helen, my daughter being the eastern 59 acres, to William Gains dumb boy one calf, and to Mary Lawless the other and to Helen the rest of the moveable effects. Dated the Eighth day of November 1823

Mary (X) Heron

Witness
Henry Loggie?
James Brander?
Edward McKay
Thomas Barbour
William (X) Gains

Probate granted to Thomas Lawless Son in Law to the deceased on the oath of Henry Loggie one of the subscribing witnesses.

Seventh of December 1825

Eleven years after Peter Heron died his son James petitioned the court to make Thomas Lawless probate the will. The documents follow;

On the fly leaf;

Dated 30th April 1825
Petition of
James Heron
to obtain Probate of his
Fatherís & Motherís Wills


Citation granted this 30th April

1825 --------RG.

Binns?


Document;

To The Honorable Robert Gray Esquire Surrogate and Judge of the Probate of Wills in Prince Edward Island

The humble petition of James Heron of Township number 18 in the said Island.

Sheweth

That your Petitionerís Father Peter Heron died in the year 1815 and was at his decease possessed of real and Personal estate in this Island, which by his will he devised and bequeathed to his widow and your Petitioner --

That your Petitionerís mother during her lifetime kept the said will, and since her decease the same has been in and is now in the possession of one Thomas Lawless who married the Petitionerís sister.

That your Petitionerís Mother Mary Heron also made a Will in writing in which your Petitioner understands he is beneficially interested, and which is in the hands of the said Thomas Lawless, and the Testative died in the month of February last.

That your Petitioner has by himself and others often applied to the said Thomas Lawless for the said Wills that they might be duly proved and registered according to the law, or that he would cause the same to be done, and has often declared that he will destroy the said wills rather than permit them to be registered and proved, and your Petitioner believes the said Lawless is in possession of much of his Property, also your Petitioner is desirous of selling his Land, and cannot do so on account of the said Wills not being proved as your Petitioner is thereby prevented from showing any title.

Your Petitioner therefore prays Your Honor will be pleased to grant him Process to compel the said Thomas Lawless to lodge the said Wills in the Probate Office, so that further proceedings may be had thereon; or that Your Honor would be pleased to make such order in the Premises as you may deem most proper,

And you Petitioner shall ever Pray --?-

James herin (sic)

Charlotte Town }

30 th April 1825}

Index to Heron Wills and Land Sales

Peter Heronís Purchase of Prince Towne Lots , 9/3/1780 & sale to Alexander Davidson 3/12/1781

Sale of Peter Heronís farm at Darnley Basin to Charles Stewart 1/2/1810

Peter Heronís Will 3/29/1814 & Codicil 3/31/1814

Jamesí Petition 30 th April 1825 & Grant 4/30/1825

Mary Heronís Will , 11/8/1823 & Probate Grant 12/7/1825


Uploaded: 07/10/2000 8:06:45 AM
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