The Will of John MacKinnon (-1852, Brackley Point)

Last Will and Testament of John MacKinnon of Brackley Point, P.E.I.

In the name of God, amen. I John MacKinnon of Brackley Point in Prince Edward Island, Farmer, being in good health of body and of sound and disposing mind and memory (praised be God for the same) and being desirous to settle my worldly affairs whilst I have strength and capacity so to do, do make and publish this my last will and testament in manner and form following that is to say And first and principally I commit my soul into the hands of my creator who gave it hoping for free pardon and remission of all my sins through the sole merit of Jesus Christ my Redeemer and my body I commit to the earth to be decently interred at the discretion of my Executors hereinafter named and as to such worldly estate wherewith it hath pleased God to entrust me I dispose of the same as followeth – Imprimis I give and devise to my son David the front of one hundred acres of land part of lot or township number thirty-three which fronts on Black River to run back as far as my son Peter’s fence to hold to him the said David and his heirs forever – I give and device to my son Peter the remainder of the said hundred acres in the rear of David’s share and bounding on the road leading to Charlottetown David’s share of the said hundred acres being the larger of the two – The remaining eighty acres of land in the same township and adjoining the hundred mentioned I reserve to myself and my wife, Amelia, during our natural lives and after the decease of my said wife and myself

I give and devise the same to my son Joseph excepting two thirds of the marsh included in the said eighty acres to hold to him and his heirs forever. The piece of marsh which is included in the said eighty acres I will shall be equally divided after the decease of my said wife among my sons David, Peter and Joseph – David taking the first choice, then Peter then Joseph – with respect to the new house now building on David’s share of the property I reserve one half of it to the use of myself and my wife Amelia until my son Joseph builds a new house ready for our reception on the said eighty acres. After the decease of myself and my dear wife, I will and devise that all the livestock which I shall then be possessed of be equally divided between my son Joseph and such of my daughters as shall then be unmarried – and my further will is and I do devise that on the decease of my said wife my sons David, Peter and Joseph shall each of them pay the sum of five pounds making in all fifteen pounds to my son John if he shall then be living and also that my said sons David, Peter and Joseph shall each of them pay the sums of twenty shillings yearly for five years to the Roman Catholic Church at Rustico – and in case it shall happen that I shall depart this life before my said dear wife I give and bequeath the brown mare called Fanny also the wagon and harness unto her and for her sole use and benefit and after her decease I will that the said mare, wagon and harness shall go to my son Joseph and in case of his not being then alive then to my son David – and in regard to such others of my children who are not named in this my last will and testament I give and bequeath the sum of one shilling each which I will shall be paid them by my son David – and lastly I do hereby nominate and appoint my said dear wife Amelia MacKinnon and Donald MacDonald of Charlottetown in the said Island Prince Edward merchant to be Executors of this my last will and testament – In witness whereof I set my hand and affixed my seal this Twenty-Sixth day of June in the year of our Lord One thousand eight hundred and thirty nine.

John MacKinnon

Signed sealed published and declared by the said John MacKinnon as and for his last will and testament in the presence of us who in his presence and in the presence of each other at his request have subscribed our names as witnesses hereto.

Joseph McDonald, Alex Martin, Robert Stewart

Notation at bottom of will that it was proved on the 4th day of March 1852.

Uploaded: 1/22/2007 8:19:12 AM
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