F 1046.8 P74, PEI Court of Probate, Probate Records, 1807-1901, Index
1807-1900, Wills, v. 1-2, 1807-1833, (Microfilm held at NEHGS): p. 82:
Green, Samuel, Richmond Cottage (17), 6/364 [Vol. 6, p. 364], Filed and 2 cods 16 Jun 1864, [I need to get the citation for this specific volume, Note: None of the dates provided in this will make reference to 16 Jun 1864. The will was clearly probated on 14 Jul 1864, albeit in the relatively hard to read handwriting of Charles Green.]:
In the Name of God Amen - I Samuel Green of Richmond Cottage on Lot or Township Number Seventeen Prince County in Prince Edward Island being now advanced in years but being in the enjoyment of moderately good health of body and of sound disposing Mind Memory and understanding and being desirous that the property of which I may die possessed both real and personal may be equitably divided amongst my family do make and publish my last will and Testament in manner and form following that is to say - First To my wife Jane Green formerly Jane Farley I give and bequeath the sum of Three Hundred Pounds Currency, together with the Bed, Mattress and all the bed Clothes belonging to the bed now used by us. And also all wearing apparel and other things belonging to her the same to be taken and enjoyed by her with out any hinderence whatsoever. And as I believe it to be her intention should she survive me to go to England as soon as convenient after my death it is my further will and I do hereby order and direct my Executors hereinafter named to pay her the additional sum of Thirty Pounds currency to defray her passage and other Expences connected therewith and I hereby direct that the said sum of Thirty Pounds together with the said sum of Three hundred Pounds above named shall be paid to her as soon as possible after my death out of any money there may be in the House at the time of my death And if there shall not be sufficient then to pay her what there may be and the remainder - [signature] Samuel Green - as soon afterwards as it can possibly be collected and it is my special desire and I do direct that she shall be lodged and boarded at the expense of my Estate till the full sum of three hundred and thrity Pounds is paid to her.
Secondly - having already provided for my Son Charles Tabor Green by granting him a receipt and acquittal for Four hundred and fifty Pounds part of a debt due by him to me and there being still a large balance due me on a Mortgage deed I hold on Two hundred and forty acres of land belonging to said Charles Tabor Green and now in his possession I do hereby give and bequeath to him the sum of Fifty Pounds Currency, but deducting therefrom whatever may be due to me for Interest on said Mortgage or for Book debt since our last settlement according to my Ledger - the amount so deducted to remain as part of my Estate, but any just claim he may have against me since said settlement is to be allowed him.
Thirdly, to my Son Harry Compton Green in addition to one hundred and twenty acres of land which I have already conveyed to him, I give and bequeath the sum of One Hundred and twenty Pounds Currency, the sum to be deducted from any Mortage promissory Note or other security or securites I may hold of his at the time of my death, and what Balance may still be due me on said Securites after deducting the above named one
- [Signature] Sam'l Green
hundred and twenty Pounds shall remain in the hands of my Executors to recover or dispose of for the Benefit of my Estate generally or for the Benefit of my said Son Harry Compton Green as they may deem best - 4th And it is my special desire and I do hereby direct that my Executors shall collect in and recover with all convenient speed after my death all monies due on Mortgage Bonds Notes of Hand or other securities I may hold together with the Interest due on the same and all book and other debts due to me And also dispose of and sell whatever Goods I may have at the time of my decease together with all live and dead stock and all Hay Grain Potatoes or other produce that may be unconsumed on the farm or in the House and all Household furniture and other property in or about the Dwelling House farm stables or Barn belonging to me and not justly claimable by my daughters Harriet or Penelope; and the monies and proceeds to arise and be collected from the Sale of said Goods and Chattels and from the securites be in the House belonging to me after my funeral Expences and debts /if any/ are paid and also after the Three hundred thirty Pounds are paid to my said wife Jane Green agreeable to this my will shall be paid and disposed of by my Executors as follows, that is to say to my daughter Harriet Green I give and bequeath the sum of Four hundred Pounds
- [Signature] Sam'l Green
current money of this Island, the same to be paid to her within six Months after my death by my Executors in money or good securities bearing Interest or partly in money and partly in such securities for her sole use and benefit and to dispose of as she may see fit. To my daughter Penelope Green alias Penelope Bishop I give and bequeath the sum of Four hundred Pounds of current money aforesaid the same to be paid to her within six months after my death in money or good securities bearing interest or partley in each for her sole and absolute use and benefit. To my daughter Mary Ann Green alias Mary Ann Poirier I give and bequeath the sum of Two hundred and fifty Pounds current money of this Island to be paid to ther and to her only And on no account to her Husband, said money to be paid in the following manner namely, as soon as possible after my death the sum of Twenty Pounds to herself personally to expend as she may see fit, the remaining Two hundred and thirty Pounds to be paid to her by Instalments [sic] not exceeding Fifty Pounds each the first of said instalments to be paid within six months after my death but should she wish it and my Executors think it would be to her interest to purchase a freehold farm with the said Two hundred and thirty Pounds or any part thereof then my said Executors may purchase such land
- [Signature] Sam'l Green
as she may wish them to procure, as soon as they have funds in hand so to do provided they think the land and situation worth the money and the title good, and also provided they have the Deed of Conveyance of the land so purchased by them made out in the name of Trustees to be mutually named by her and my said Executors thereby conveying the farm to them for the sole and exclusive use and benefit of my said Daughter Mary Ann and her Heirs and in such way and manner that her Husband may not be able to claim any Estate or Interest in the same or any benefit therefrom save what she may choose to allow him and that my said Daughter shall have the exclusive power of disposing of the same by way of appointment or will - To my daughter Elizabeth Tanton wife of John Tanton, I hereby give an bequeath the sum of Three hundred Pounds Current money of this Island deducting from the same whatever may be due to me from her Husband on Notes of Hand or for Interest or on Book account according to my Ledger, the same to be paid within six months after my death or as soon as the same can be collected either in money or goods securities bearing Interest from the time such securities are paid to her, or partly in one and partly in the other, but any Interest that may be due on said securities before so paid shall be deducted and retained by my Executors as part of my Estate
- [Signature] Sam'l Green
And to my daughter Margaret Jones wife of George Jones I give and bequeath the sum of One hundred and fifty pounds Current money of this Island together with three notes of Hand respectively of sixty Pounds, Four Pounds and Four Pounds given by her Husband to me a number of years since, and for which no Interest was ever paid, and to prevent any dispute that said One hundred and fifty Pounds is to be considered as a final settlement in full of all accounts and dealings between her Husband and me up to June First One thousand Eight hundred and sixty; and the above named sum of One hundred and fifty pounds is to be paid to her within six months after my death or as soon as the same can be collected in money or good securities bearing Interest from the time said securities are given to her, or partly in each, but any Interest that may be due in said securities before so paid or given to her shall be deducted and retained by my Executors as part of my Estate - To Sarah Hooper widow of the late Major Hooper of Portsmouth in the United States of America I give and bequeath the sum of One hundred Dollars or Thirty Pounds current money of this Island which sum together with the Note of Hand of her Husband and the Interest theron due me by him and which I gave up to her when I was at Portsmouth last July will about make her share equal with the others and the above named sum of Thirty Pounds is to be paid to her in money or good securities within six months of my death or as soon as the same can be collected - To my daughter Martha Warburton wife of James Warburton Esquire of Lot eleven I give and bequeath the sum of Two hundred Pounds current money of this Island together with a Note of Hand for One Hundred Pounds given by her Husband to me some time since, but all interest due on said note to be deducted from said Two hundred pounds up to the time of the payment to her and the said sum of Two hundred pounds or the balance thereof to be paid to her within six Months after my death in money or good securities bearing Interest or partly in each but all Interest due on said securities up to the time of payment to her to be deducted from said Two hundred Pounds. And to my daughter Eleanor Wiggins wife of James Wiggins I give and bequeath the sum of Two hundred and fifty Pounds current money of this Island together with a Note of Hand for Twenty pounds also a Note of Hand for six pounds both given in One thousand Eight hundred and forty seven and on which no Interest has ever been paid and in order to prevent any disputes the said Two hundred and fifty pounds is to be considered in full of all demands accounts and dealings up to the first day of September One thousand eight hundred and sixty, and the
- [Signature] Sam'l Green
above Two hundred and fifty Pounds is to be paid to her within six months after my death or as soon after as the same can be collected in money or good securities bearing interest from the time said securities are given to her or partly in each but any Interest that may be due on said securities before that time shall be deducted and retained by me Executors as part of my Estate. 5thly And as often making a reasonable allowance for bad or doubtful debts there will be a large residue or sum left after all the above named legacies are duly paid and settled indeed unless some most extraordinary losses /such as cannot reasonably be expected/ should happen I think not less than One Thousand Pounds will be left it is my further will and I do hereby direct and request that after all the above bequests are duly paid and settled and all expences and costs and reasonable charges of my Executors for their loss of time and trouble in administering to my Estate and executing and fulfilling the terms of this my will are paid and discharged, the residue and remainder of my Estate and Property shall unless hereafter disposed of by Codicil to this my will, be divided by my Executors in Equal shares and distributed to and amongst my ten children share and share alike namely - Charles Tabor Green, Harry Compton Green, Elizabeth Tanton, Penelope Green alias Bishop, Margaret Jones, Sarah Hooper, Martha Warburton, Eleanor Wiggins, Harriet Green and Mary Ann Green alias Poirier and
- [Signature] Sam'l Green
should any of my said Children die before such division and distribution of the residue of my Estate, the Children of such deceased person shall receive the share to which their parent would be entitled if living the same to be equally divided between them - Provided always and before the said final division of the residue of my Estate is made I hereby Order and direct that the sum of Twenty five Pounds of Current money of this Island shall be paid by me Executors to the Minister Church Wardens and Vestry of the Parish Church in Saint Eleanors, that is to say to the Corporation of the said Church if they will receive the same. Upon the Trusts and Conditions following and if not, then I direct my Executors to cause the same to be secured in the most effecual and legal manner either by grant to Trustees or otherwise upon and for the same trusts and purposes that is to say, that the said sum of Twenty five Pounds shall be invested in good and safe security on Interest /with power to the said Corporation or other persons entrusted with the management of the same from time to time as occasion shall require and prudence dictate to alter and change the said security so that the said money may at all times if possible remain and be at Interest said Interest to be expended under the direction of said Corporation or Trustees in painting and keeping in good repair my Family Vault in Saint Eleanors Church yard in which the remains of my late dear Wife are deposited and also to keep clean and
- [Signature] Sam'l Green
in repair the Tablet to her memory in the said Church and it is my will and purpose and I hereby direct that every third year after my death after causing the Iron front of said Vault and the railing around the same to be painted and any other necessary repairs that may be required to said Vault or Tablet to be done and paid for, then the said Minister Church Wardens and Vestry of the said Church for the time being shall retain in their hands or the said Trustees shall pay to them the Balance of said Interest for the three years to be applied and appropriated by them towards keeping said Church at Saint Eleanors in repair and the same to be continued every three years for ever.
And I hereby constitute and appoint James Warburton Esquire, Harry Compton Green Esquire and Mr. John Tanton to be Executors of this my last Will and Testament, fully relying on them to take the trouble to see the same faithfully executed and fulfilled according to the true intent and meaning thereof and trusting that there may be no room for law or disputes with any of the Parties interested. There may possibly be those who think I have not done them justice and that they have not received their just share, but they need recollect they money they had from me many years since or Interest but which never was paid or offered to be paid - I therefore lost the use of it and it would be extremely unfair to those who never had any thing.
- [Signature] Sam'l Green
from me as well as to those who paid me the Interest for what they had, and they would have just cause to complain had I acted otherwise than I have. - Hereby revoking all former wills and testaments dispositions by me at any time made I do declare this only to be my last Will and Testament.
In Testimony whereof I the said Samuel Green have to this will /written on Eleven pages/ set my Hand and Seal this twenty second day of January in the year of our Lord One thousand Eight hundred and sixty one.
Signed sealed published and declaried by the said Testator as and for his last Will and Testament in the presence of us who in his presence and in the presence of each other have hereunto set our hands as Witnesses /the word "being/" being interlined on the second page and the work "from his Husband" being interlined on the fifth page/
Signed: James Campbell
Tho's C. Cannon
Signed: Samuel Green - SS
Codicil to be added to the last Will and Testament of me the undersigned Samuel Green of Richmond Cottage Lot or Township Number Seventeen /17/ in Prince Edward Island as follows:
1st I direct that the sum of Fifty Pounds shall be deducted by my Executors from the Four Hundred Pounds bequeathed in and by my said will to my Daughter Harriet Green in order to mark my displeasure at her misconduct for the last Three years especially on one particular occasion which she will remember, it is therefore my will and special injunction that my Executors shall pay to her the sum of Three hundred and fifty Pounds only instead of Four hundred pounds as directed by my said will.
2d To my daughter Martha Washburton I give the sum of Three hundred pounds instead of Two hundred pounds as set forth in my said will her Husband The Hon James Warburton having paid me the One hundred pounds Note mentioned in my said will in connection with the said bequest said Three hundred Pounds to be paid to her at the time and in way and manner in my said will specified in regard to the said first intended legacy of two hundred Pounds.
3d I do hereby revoke the appointment of my Son Harry C. Green as an Executor of my said will in consequence of his being so largely indebted to me a circumstance which might interfere with the proper discharge of his duty as an Executor but it is my wish and desire that my Executors should employ him in the collection of the debts due to me or my Estate and allow him a liberal but reasonable sum as charges for so doing such reasonable charges to be deducted from the debts due by him to me for which besides his note of Hand I hold a Mortgage and Bill of Sale.
4th With regard to my daughter Penelope as she might be induced to lend her name, to those who have great influence over her and would take advantage of her weakness and never repay her and she thereby be brought to want I entreat of my Executors and other friends to empress on her the necessity of investing her money in safe security at the best interest she can obtain for it and in affecting this object and securing the money for her benefit in such way that her Husband if living or any other person can make no claim to it I desire that my Executors shall lend their necessary and valuable aid and advice to her. In Testimony whereof I the said Samuel Green have to this Codicil to my last Will and Testment set my Hand and Seal this Eleventh day of July in the year of our Lord [the initials R.H.C. and J.C. are in the lefthand margin at this point] One thousand Eight hundred and sixty three.
Signed sealed published and declared by the said Testator Samuel Green as and for a Codicil to his last will and testament in the presence of us.
Robert H. Crawford
Signed: Sam'l Green S.S.
This Second Codicil to be added to the last Will and Testament of me the undersigned Samuel Green of Township number Seventeen in Prince Edward Island as follows:
1st I hereby revoke and annul all that part of my first Codicil which directs that the sum of Fifty Pounds should be deducted from the sum of Four Hundred Pounds bequeathed to my daughter Harriet Green by me and the said sum of Fifty Pounds be paid to her with the Three Hundred and Fifty Pounds making in all Four Hundred Pounds to place her on the same footing as her sister Penelope Bishop this I do in consideration of her kindness and attention paid to me in my late sickness.
2d I here bequeath the further sum of Five Pounds, or as much of the same as may be required to repair the Family Vault in St. Eleanors Church Yard and to give the iron work and railing two good coats of paint and to provide a good stout plate - iron door for the inside door instead of the large stone now there and for any other repairs that may be required before the said Family Vault is delivered over to the Trustees agreeable to this will In testimony whereof I the said Samuel Green have to this Codicil to my last Will and Testament set my hand and seal this fifth day of April in the year of our Lord One Thousand Eight Hundred and Sixty Four.
Signed sealed published and declared by the said Testator Samuel Green as and for a Codicil to this last Will and Testament in presence of us.
Albert H. Compton
Signed: Samuel Green S.S.
[The following was written in a different handwriting]
This will and Codicil were proved in June 1864 on the oaths of John Hazard and Henry Lawson, before Court [Hands?]; and of Robert H. Crawford before Court [Hudysns?], and on the 14th July 1864 Probate was granted to Messrs. Warburton and Tanton the Executors
[signed] Charles Green"