The Will of Thomas Boggs Tremain, (-1864, Charlottetown)

Liber 6 Folio 406

This is the last will and testament of me Thomas Boggs Tremain of Charlottetown in Prince Edward Island Esquire. I give and devise all the messuages lands and real estate of which I am seised or of which at my death I shall have power to dispose of by will unto and to the use of my friends Edward Palmer of Charlottetown Esquire and James Desbrisay of the same place Merchant their heirs executors and administrators respectively Upon trust that they my said Trustees or the survivor of them or the heirs administrators or executors respectively of such survivor shall when and so soon as they in their discretion shall deem it necessary sell the same either entirely or in parcels, publicly or privately with power to buy in and to rescind any contract for sale of the said premises or any part thereof and to resell the same without being answerable for any loss which may happen thereby and to execute all such conveyances and assurances as may be necessary for completing such sale. And it is my will that out of the proceeds thereof and of my personal estate not specifically devised that my said Trustees do pay off and discharge all encumbrances existing on my said real estate; and for that purpose and also that all other my just debts be paid, I direct that my Town Lot, Dwelling House and premises wherein I lately resided in Charlottetown, being Town Lot Number Fifteen in the Fifth Hundred of Town Lots be first sold and disposed of by my Executors. And whereas I am seised in fee of a certain part of Water Lot opposite Town Lot Number Eleven in the First Hundred of Lots in Charlottetown, and of the messuages and buildings in such part, and the same is subject to the amount of principal and interest due on a mortgage thereon granted by me to the late Benjamin Tremain Esquire and which by deed of trust he assigned to and settled on my wife Elizabeth Allan Tremain in her life time who by appointment or will duly made and executed in her life time under her hand and seal on or about the second day of September one thousand eight hundred and fifty eight settled all principal money and interest due and to become due on the said Mortgage on our three daughters, the now two survivors being Frances Elizabeth Tremain, and Agnes Maria Tremain: Now it is my will that in case after the payment of the encumbrances on my real estate in Water Lot opposite Town Lot Number Eleven aforesaid and in particular the principal and interest in the said mortgage granted to the said Benjamin Tremain and of all charges and expenses in the execution of the trusts of my will there should remain any part of the said Water Lot property, or any monies the proceeds of what may have been sold thereof, the same shall be equally divided between my sons Richard Gordon Tremain and Charles Edward Tremain their heirs and assigns as tenants in Common. --

I give and bequeath to my said son Richard G. Tremain all my silver plated ware for his own use.

I give and bequeath to my said daughters all my silver plate equally to be divided between them: I also give and bequeath to my said daughters in like manner all my household furniture and other personal property, subject nevertheless to be sold by my executors for the purposes of my will. I purpose to remit to my son Charles before named ten pounds sterling in case he proceeds to England in the Naval Ship in which he is now serving. Should I not do so; I request that my executors will do it out of the first funds which comes to their hands; I appoint the hereinbefore named Edward Palmer and James Desbrisay alsomy said son Richard Gordon Tremain guardians of the person and estate of my said daughter Agness Maria Tremain; --

I constitute and appoint James Desbrisay, my son Richard Gordon Tremain, hereinbefore named and my brother Doctor Lawrence Tremain Executors of this my will; --

In witness whereof I have hereunto signed my hand and seal this fifteenth day of June in the year of our Lord one thousand eight hundred and sixty four. --
Thos B Tremain

Signed sealed and declared by the said testator as and for his last will in our presence who at his request in his presence and in the presence of each other have subscribed our names as witnesses thereto

Thos. DesBrisay Maria DesBrisay

In the Probate Court
28 Vic. AD 1864
The foregoing will having been presented for Probate Thomas DesBrisay of the said Island Esquire one of the subnscribing witnesses thereto made oath that he was
present and did see the Testator Thomas Boggs Tremain sign his name and affix his seal thereto and heard him publish and declare the same, as, and for his last
will and testament; that when Testator so did he was of sound disposing mind and memory according to this deponents best discerning; that he subscribed his name as a witness thereto in the presence of Testator and that Mrs. Maria DesBrisay subscribed her name, as a witness thereto at the same time.
Thos. DesBrisay

Sworn to at Chambers this 12th day of October AD 1864 before me

Charles Young Judge of Probate

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Islander Fri., 2 Sep., 1864, page 3: DIED - At Charlottetown, on Monday last, the 29th ultimo, after a long illness, THOMAS BOGGS TREMAIN, Esq., in the 60th year of his age. Universally respected and regretted.