The Will of John Cummings (1801-1884, North River)

The Last Will and Testament of John Cummings

Liber 11 Folio 8

In the name of God amen I John Cummings the elder of North River lot or township number thirty two in Queens county Province of Prince Edward Island Dominion of Canada farmer being week in body but of sound and disposing mind memory and understanding considering the uncertainty of this life do make and publish this my last will and testament in manner and form following. That is to say I direct that all my past debts and funeral expenses be paid by my executors hereinafter named out of my personal estate as soon as possible after my decease.

I give, devise and bequeath unto my son Robert Cummings all that tract or parcel of land being the farm on which I now reside consisting of fifty seven acres of land a little more or less on said lot or township number thirty two with all the buildings thereon together with the farm stock and implements of husbandry and other goods and chattels to be found thereon at the time of my decease but subject to the following performance and conditions. That is to say that he my said son Robert Cummings do and shall maintain and support his mother my wife Catherine Cummings in the old homestead where we not reside during the term of her natural life finding and providing her with good sufficient comfortable board lodging clothing fuel washing mending and medical advice and attendance when required or requested at all times as long as she shall live and also allowing her the sole and exclusive use of her old bedroom and furniture at all times as aforesaid and also to pay my said wife the sum of twenty dollars yearly during her life time and for her own sole absolute personal use benefit and disposal by quarterly payments from the date of my death and further should said wife not agree with my said son Robert Cummings and his wife and that my said wife should wish to live separate and apart from my said son Robert and his wife then my said wife is to have one half of the home now occupied by us being the north half next John McKinley and my said Robert to provide my said wife with all fuel clothing and every thing necessary for her comfort and maintenance during her natural life and if at any time my said wife shall find it necessary or expedient to change her residence then in lieu of the foregoing provisions for her benefit my will and desire is that my said son Robert Cummings shall pay to her the yearly sum of sixty dollars by four equal quarterly payments of fifteen dollars each as long as she shall live to commence from the date of my death without any deduction defaultation or abatement for or upon any account or protest whatever and further if my said son Robert should die without any lawful heirs then after his decease the aforesaid farm containing fifty seven acres of land to be sold on the most advantageous terms either by private sale or public auction as my said executors hereinafter mentioned shall deem most advantageous for the benefit of the following bequests. That is to say out of the proceeds of said farm the sum of five hundred ($500) shall be paid to Adelaide Cummings wife of the said Robert Cummings and the remainder to be equally divided between my five daughters and my son Jacob Cummings (their heirs and assigns) to share and share alike. The following are the names of the aforementioned five daughters.

Catherine Stevenson wife of James Stevenson Lot 67
Mary Ackland wife of Enoch Ackland Lot 31
Jane Henderson wife of John Henderson Lot 31
Annie Stevenson wife of William Stevenson Lot 22
Elizabeth Henderson wife of Neil Henderson Lot 31

All of Queens county in said province and dominion aforesaid

And I desire my said son Robert to treat his aged mother with all possible respect and affection becoming a dutiful son so that when she is about to leave this world she may leave him her parting blessing. I wish it to be understood by those of my children whose names I have omitted in this my last will that I have done so not from want of affection for them but because I consider them already well and sufficiently provided for and trust they will not consider that I have given them any cause to complain.

I constitute and appoint my son in law James Stevenson of Frederiction in Queens county farmer, Alexander McKinley esquire of North River and Charles Warren of the same place miller executors of my last will and testament and I hereby revoke amend and make void all former and other will or wills or other testamentary dispositions by me at any time heretofore made and do declare these presents only to be and contain my last will and testament.

In witness whereof I the said John Cummings have to this my last will and testament set my hand and affixed my seal this twenty fourth day of March in the year of our Lord one thousand eight hundred and seventy nine.

John x Cummings

Signed sealed published and
Declared by the said testator as
And for his last will and
Testament in the presence of us
(he not being able to write his name
The said will was read over and
Explained to him to all which he
Expressed his issues) and also in
Presence of each other at his request
The word “yearly” being interlined on
The sixth line on the first page from bottom

John Balls Joseph Moreshead

Uploaded: 12/01/2002 10:37:12 AM
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