Liber 11 Folio 562
Last will and testament of William Lowe (Jr.) (16 Jan 1811-15 Sep 1887), produced from copy of will in Jean Lowe family history book, by Donald Lowe.
Dated 13th December 1884,
Last Will and Testament of William Lowe
On same day
to both Executors
Reg d Lob M
Warburton & Conroy
"This is the last will and testament of one William Lowe of Charlottetown in Queen's County, Prince Edward Island, Architect. I do hereby revoke all former wills and testamentary dispositions made by me and declare this to be my last will and testament. I appoint my sons Henry C. Lowe and Samuel Lowe both of Charlottetown in said County, Carpenters, (hereinafter called "my trustees") to be the executors and trustees of this my will. And I declare that all trusts and powers hereinafter reposed and vested in my trustees may be exercised by the survivor of them or the heirs, executors or administrators of such survivor. I give all my household furniture to my dear wife Eliza Lowe absolutely. And whereas there are certain sums of money deposited in my wife's name in the Dominion Savings Bank which belong to her and to which I lay no claim, but her absolute right to which may possibly be open to doubt, in order to remove any such possible doubt I hereby give and bequeath to her all such sum or sums of money as may be deposited in her name in the said Savings Bank. I devise and bequeath all my real and personal estate not hereby otherwise disposed of unto my trustees to hold during the life of my said wife upon the trusts following that is to say, Upon trust with and out of such part of my personal estate as shall consist of money to pay all my debts, as funeral and testamentary expenses. Then Upon trust to permit my said wife to have the exclusive use and enjoyment of all my real estate and to take, receive and keep for her own use all the rents and profits thereof, during her lifetime, Also to permit her to draw and keep for her own absolute use and benefit the interest that from time to time, during her lifetime, may accrue from all money belonging to me and deposited in my name in the Dominion Savings Bank; Also to permit her to have the exclusive use and enjoyment of all other my personal property during her lifetime. And from and after the death of my said wife I devise to my son Walter Lowe of Charlottetown bounded as follows, that is to say :- Commencing at a stake fixed on the Western side of the Malpeque Road at a distance North fifty feet from the lane or road leading from the said Malpeque Road to the Spring Park Spring, thence running West of parallel with the said lane one hundred feet, thence South fifty feet, thence East parallel with the said Northern line until it meets the said Malpeque Road, thence along the same to the place of commencement and being part of pasture Lot Number Three in the Royalty of Charlottetown. And from and after the death of my said wife I devise to my said son Henry C. Lowe All that tract of land situate in Charlottetown and being Town Lot Number Forty-Eight (48) in the Fourth Hundred of Town Lots in Charlottetown, And from and after the death of my said wife I devise to my said son Samuel Lowe All that tract of land situate in Charlottetown and being Town Lot Number Forty-Seven in the Fourth hundred of Town Lots in Charlottetown, and from and after the death of my said wife I devise to my said sons Henry C. Lowe and Samuel Lowe All such part of Town Lot Number Seventy-three in the Fifth hundred of Town Lots in Charlottetown as I have not already conveyed to my said two sons by Indenture bearing date the Eleventh day of December A.D. 1884, I devise to hold Upon Trust to permit my daughter Mary T. Gaudin, wife of Philip Gaudin, to occupy and enjoy the same during her lifetime, or to pay her for her sole and separate use, free from the control of her said husband, during her lifetime, All the rents and profits thereof, and After the death of the said Mary T. Gaudin Upon trust for the use of her son George Gaudin and in the event of the said George Gaudin predeceasing the said Mary T. Gaudin without leaving issue, there Upon trust for the use of Anne Gaudin, daughter of the said Mary T. Gaudin, and in the event of the said George Gaudin and Anne Gaudin both dying without leaving legitimate issue, then to hold the said tract of land unto the use of my said sons Henry C. Lowe and Samuel Lowe their heirs and assigns forever as tenants in common. And from and after the death of my said wife I give all the money I have on deposit in the Dominion Savings Bank in equal shares to my said two sons Henry C. Lowe and Samuel Lowe, the same to be divided between them at the death of my said wife. And during her lifetime I direct that the said money shall continue on deposit at interest in the said Savings Bank and the interest only to be drawn as aforesaid until the death of my said wife. And from and after the death of my said wife I devise and bequeath all the tools of my trade and all the rest residue and remainder of my real and personal property of every nature and kind, not herein otherwise disposed of to my said two sons Henry C. Lowe and Samuel Lowe, share and share alike. In Witness Whereof I have set my hand to this my will, written on this and two preceding sheets of paper, the Thirtieth day of December A.D. 1884.
our names as witnesses.
Signed by the above named William Lowe as
his last will in the presence of us, both being present
at the same time, who in his presence and in the
presence of each other have hereunto subscribed
Frank D. Beer
This is a Codicil to the last will and testament of me, William Lowe of Charlottetown in Queen's County, Prince Edward Island, Architect, which will bears date the Thirteenth day of December A.D.1884. Whereas by my said will I have devised a piece of land, being part of Pasture Lot Number Three in the Royalty of Charlottetown to my said son Walter Lowe subject to a life estate of my wife Eliza Lowe therein and I have since sold the said land to one Richard Saunders. Now I hereby revoke the said devise to my said son Walter Lowe and in place thereof I give and bequeath to my said son Walter Lowe a sum of two hundred dollars ($200) to be paid to him out of my estate within six months after the death of my said wife Eliza Lowe. And in all other respects I confirm my said will. In Witness whereof I have set my hand to this Codicil to my said last will and testament, the Twenty-eighth day of April A.D.1887.$
Signed by the above named William
Lowe as a Codicil to his last will
and testament in the presence of us,
both being present at the same time
who in his presence and in the
presence of each other have hereunto
subscribed our names as witnesses.
Frank D. Beer
In Probate Court
51st Vic. A.D.1884
P.E. Island ??
The foregoing Will and Codicil thereto of William Lowe late of Charlottetown, Carpenter, Deceased Testate, having been presented for Probate Frank D. Beer Esq M.D. one of the Subscribing Witnesses thereto to both Will and Codicil Made Oath that he was present and did see the said Testator sign his name thereto to both Will and Codicil respectively that at the several times of Execution thereof he was of sound disposing mind and memory according to this Deponents best discerning, that he subscribed his name as a Witness thereto to both Will and Codicil in the presence of the said Testator and that A.B. Warburton Esq subscribed his name as a witness to both Will and Codicil respectively at the same time.
Sworn to at Chambers
this 5th day of October
AD.1884 Before Me
John G.D. Weldon