Will of Archibald McKay of Prince Edward Island (1810-1886, Darnley)

I Archibald McKay of Lot or Township 18 in the parish of St. David Prince County P.E. Island Farmer do hereby make and publish my last will and testament.

Whereby I dispose of all my real and personal property after the following manner.

1st To my wife Elizabeth McKay I give and bequeath that part or parcel of land situated on the South end of real estate; consisting of twenty one and a half (21 ½) acres a little more or less; and bounded as follows; viz on the south by a portion of land occupied by John McKay and Edward Mahir. On the East by land occupied by John McKay and E. Mahir On the West by land occupied by R. Morrison and extending North to a dyke extending from John McKay’s line fence on the East to R. Morrison on the West; providing always that the road or highway now running through that land be left open for the use of my children and John McKay their heirs or assigns providing that the said parties shall in all cases keep a gate on the road at or near the North East angle of R. Morrison.

The afore mentioned land shall pass to the children of the said Elizabeth McKay at her death they being subjected to the conditions previously mentioned but in case she leaves no children then the property shall be sold to the person persons save my children and that at price not exceeding two pounds an acre. She shall also be comfortably maintained by my children so long as she remains at the homestead. But in case of disagreement with my children by her desire and consent they will be compelled to provide her with a house to be devoted to her own use and in case she leaves no children to go to my daughter Priscilla at her death; said house to be built at or near the gate at the corner of R. Morrison’s land viz about thirty five yards west of the aforesaid road and seventy two yards south of R. Morrison’s fence and seventy five yards on the southern and eastern boundaries said land to be thoroughly cleared. The said mentioned house to be of the following dimensions that is twenty five feet long eighteen feet broad and thirteen feet in length of post and roof of Gothic Style to have a cellar of good size and well walled with stone. Also to cut drain sufficient to carry away all surplus water from land adjoining the house. The said mentioned house to contain three rooms on the lower floor with convenient stairway and three rooms on upper floor all suitable lighted with windows and to be lathed and plastered also a flue. The whole to be completed in a workmanlike manner and provided with a cooking stove. She shall also receive one cow not more than five years old one heifer two and a half years old and ten ewes.

Further a comfortable mode shall always be provided to convey the said Elizabeth McKay to church when she desires. It is also my wish and desire that in case my wife’s children have no issue that the above mentioned property be returned my children or their hears.

2nd I will and bequeath that Christie Henderson shall have a respectable maintenance as long as she remains with my family and in case she shall leave them she is to get the bed and bedding she now occupie and the sum of Four Dollars per year two to be paid in May and two in November in each year.

3rd To my daughter Priscilla I give and bequeath the rent accruing to me from property in use of Mr. Thomas Crabb amounting to five pounds a year. Said rent to be drawn by James my son and placed in the Summerside Bank until she becomes twenty one years of age *after which she may collect the said rent from Mr. Crabb herself. Said amount of rent to be drawn by James in the year 1873 and used by him to purchase a watch for his own use and in 1874 Charles to draw the above mentioned rent and use it in the purchase of a watch for himself. After this to be drawn and disposed of as previously mentioned. Also to have the sewing machine now in my possession providing she shall in no case take the said machine from the homestead sell or otherwise dispose of it but shall appropriate to her own use. It is also my desire that she shall be comfortably maintained as long as she remains single and in case she married that she receive a bed and bedding one cow not more than five years old and five ewes.

*omitted in original and interlined by special my request

4th To my sons James and Charles I give and bequeath the remainder of my land property both real and personal to be equally divided between them by a line passing from North to South through centre of said property when they wish to divide. If Charles is not disposed to farm he may sell said mentioned land to James but under no circumstances to any person else without his consent at a price not to exceed two pounds per acre.

In the division of said property Charles to have the western section and James the eastern with the buildings and appurtenances thereto attached.

And lastly all the rest and residue of my personal property (after payment of my debts and legacies) I give to my sons James and Charles to be equally divided between.

I hereby appoint Messrs. Alexander McKay Senr and William B. Donald to be executors of this my will.

In witness whereof I have hereunto set my hand this tenth day of June A.D. 1872.

(Signed) Archd MacKay L.S.

Signed published and declares as his last will by the said Archibald McKay in the presence of us who in his presence and in the presence of each other and at his request have hereto subscribed our names as witnesses.

(Signed) Benjamin Coughlan
(Signed) James Mountain

We certify that the word interlined was by Mr. McKays orders.
(Signed) Benjamin Coughlan
(Signed) James Mountain

This will was served on he 9th _______ 1886 on the ______ of James Mountain or subscribing witness before ______________ and was filed and registered on the ____ day of June 1886 as certified by Charles ________, Judge of Probates.

Uploaded: 03/28/2000 6:48:36 AM
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