Will of Manasseh Owen(s), Frenchfort, Lot 35 (1782-1862)
Liber 8 Folio 668
In the name of God Amen. I Manaピeh Owen of Charlotte Parish in Prince Edward Island North America Lot or Township Number Thirty five Farmer, being of sound and disposing mind and memory do make and publish this my Last Will and Testament in manner following - First and principally I commend my Soul to Almighty God, and my Body I desire may be decently interred at the discretion of my heirs herein after mentioned- And to such worldly estate as God in his goodneピ hath bestowed on me. I give and dispose thereof as follows, That is to say, I give and devise to my Sons John Owen and Christopher Owen at present in family with me my Farms of land consisting of Two hundred acres leピ or more, lying and adjoining each other on the north side of the Hillsborough River in Frenchfort Settlement, and bounded on the south by the said River on the west by the Farm belonging to the heirs of the late Peter Scott, on the north by the Farm of James McWilliams Miller, and on the east by the Farm of James Miller Junior all as particularly mentioned and laid down in the ? deeds thereof held by me under the heirs of the late Roderick McDonald of Tracadie some time paymaster of Her Majesty's Thirtieth Regiment of Infantry, together with all buildings woods underwoods ways waters water courses profits commodities privileges advantages & appurtenances whatsoever to the said premises belonging and also the whole of the Farm, Stock, Agricultural implements and crop which shall be on the premises at the time of my decease, with the household furniture, and that equally betwixt them share and share alike as in manner herein after described; but should it be the desire of my said sons to conteruse ? work the favours betwixt them as a whole and without my division, which it is my wish they should do as long at least as both or either of them remain unmarried, then and in that case they shall mutually and industriously employ themselves in all respects in the cultivation and improvement of the farms, increase or decrease the stock when found neceピary, their just moiety of the requisite disbursement a correct account of both to be kept by the one taking the active management subject at all times to the inspection of the other those who he may name to do so on his behalf.
But again if it should be the desire of my said Sons notwithstanding of what is above ? immediately after my decease, or any time subsequent to that event to have the farms apportioned betwixt them, so they may each work and enjoy his half independent of the other, then it is my will that the ? be divided into two equal and just portions one hundred acres each less or more by a surveyor or other person qualified to do so of the sight of my Executors herein after ? or other of them, and that by a line to run north and south through the middle of the said farms, the western division whereof which shall contain and include the dwelling house, garden, barns, stables, and other outhouses adjacent, as they at present stand, to be long to my son John, and the eastern division thereof including the erections thereon to belong to my other son Christopher.
And in consideration that John is thus left all the houses, I hereby make it incumbent on him, and I direct whenever his brother Christopher shall determine to build houses on his portion of the lands that he shall assist him in his person or another for hire, throughout the operation and until the whole may be completed.
Simultaneously with the division of the lands the Stock agricultural implements and household furniture shall likewise be made, also in the sight of my Executors, and the shares delivered by him or them to each of my Sons respectively. And in respect there are certain incumberances affecting the farms and secured thereon by way of mortgage or otherwise, my said Sons are to at their best and earliest endevours to clear these off, each sustaining their due and equal half or proportion of the means for such purpose without any claim one against the other for reimbursement. It is my Will and I hereby devise and require my said Sons John and Christopher that they shall not only mutually keep and maintain in their present house my daughters Jane and Ann as long as they shall choose to remain or shall be unmarried, but that in the event of any or both of the Girls entering into marriage, or preferring actively leaving their home, that then the brothers shall pay unto each of them the sum of Twenty pounds currency of the Island, together with one Cow and three Sheep each, subject to this restraint however, that the same shall not be ? and able by them or either of them at a time that it shall clearly appear will seriously injure their brothers neither shall they , the brothers, protract or delay under any pretext whatever the term of payment of these Legacies to any unreasonable period after the same has been demanded; Moreover my said Sons John and Christopher are to support and maintain in his present home in all the necessaries of life during his lifetime, James Owen my Sisters son or as long at least as the said James Owen shall prefer remaining ; And in like manner my said sons shall also maintain and support the Boy Benjamin Hickie (Now three years old) at present residing in family with me, shall send him to school and thereafter put him to some trade in order that he may be enable to earn a livelihood, and also when he becomes of age pay him the sum of Ten pounds said currency.
And further it is my Will and I hereby direct my said Sons John and Christopther to pay to each of my other daughters as soon after my decease as convenient the following legacies viz - to Eleanor Owen wife of James Acorn Lot or Township number Forty nine the sum of five shillings and Mary Owen Wife of George Webster Frenchfort the like sum of five shillings currency aforesaid.
And lastly my said sons are hereby expressly directed unitedly to support and maintain their mother Helen Sinclare or Owen my wife in her present home in the same comfortable circumstances she at present enjoys during all the days of her lifetime and that she shall not only continue to exercise her authority as Mistreピ of her own home but for the more effectually carrying into effect this my last Will and Testament - I do hereby nominate her and John Stewart of Caledonia Farm Executrix and Executor with full power to them or either of them to see fulfilled or cause to be carried into full force and effect the whole of the devises bequests provisions conditions and thither before written according to the true meaning and intention of the same, with full power to them or either of them at anytime to devise themselves of the last and to appoint others in their place and that they shall be answerable only for their own separate acts and deeds and not one of them for the acts and deeds of the others. In Witness wherof I have hereunto this my last Will and Testament, hereby retracting all other wills by me hereto before made, set my hand and Seal this second day of March in the year of our Lord Eighteen hundred and Sixty.
Singed, Sealed, published and
Delivered by the said Manasseh
Owen as 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
Witneピes hereto -David Ross, James McWilliams