Will of Pierce Doyle of Summerside
Liber 12 Folio 452
This is the last will and testament of Pierce Doyle of Summerside in Prince County Prince Edward Island, Contractor and Farmer.
Subject to the payment of all my just debts and liabilities, funeral and testamentary expenses, I give and bequeath and devise all my Estate whether real personal or mixed and where so ever situate as follows.
To my wife Johanna Doyle the lot of land on Church Street in Summerside with all the buildings and improvements thereon upon which I now reside together with all my plate, china, glass, linen household furniture and effects in or belonging to said dwelling house save and except one piano forte, one organ, and the tools and instruments of my trade, Lumber, Shingles, doors, sashes and frames and such other Articles as usually belong to the carpenter shop or warehouse on said lot. My said wife is also to have one cow at her selection from my cattle at Egmont Bay Farm. The divise of the real estate in this clause above mentioned is for the remainder of my wife's natural life or whilst she shall remain my widow and at her death or marriage whichever event shall first happen then to my son Frances without restriction or limitation, provided also that the rents, issues and profits of the said real estate in this clause mentioned are to be applied for the period of five years as hereafter mentioned towards the payment of debts and expenses connected with my estate and for the support and maintenance of my wife and children; and the personal estate and effects in this clause above given and bequeathed are subject are subject to the same conditions and limitations as regards my wife's title thereto and at her death or marriage whichever event shall first happen, the said personal estate and effects or so much thereof as may be in existence at that event is and are to become the absolute property of anyone or more of my children whom my wife may name and appoint and in default of such appointment then in equal proportions in value as nearly as may be to my daughters Margaret and Kate or their legal representatives. The devises and bequests to my wife in this clause above mentioned are also exclusive of any moneys she may be entitled to receive by or under any policy or policies of life insurance issued and in force at the time of my decease. My said wife and children are to remove from Summerside to my farm and new dwelling house at Egmont Bay within two months after my decease and my wife is to reside at the last named place for the period of five consecutive years from the date of removal thereto, with and as one of my family; and that during such five year residence at Egmont Bay the said houses and lot on Church Street are to rented or leased to the best advantage and the rents and issues thereof to be applied as above directed; and said property is to kept insured against loss by fire during the life or widowhood of my wife and during the minority of my son Francis; at the end of the said five years my wife if she is still unmarried is to return to Summerside and resume the actual possession and occupation of the said lot and houses on Church Street if she desired to do so.
(2) In reference to the claims of my wife and children that may mature under policies of insurance on my life I will and recommend that such moneys may be in the meantime appropriated as follows; The sum of five (5) hundred dollars to my son Joseph Pierce; the sum of four (4) hundred dollars to my son Francis; the sum of three (3) hundred dollars to my son
Charles; the sum of two (2) hundred dollars to my daughter Maggie; the sum of two (2) hundred dollars to my daughter Kate; and the sum of one (1) hundred dollars to the Reverend Doctor Doyle of Summerside for the celebration of Requiem Masses for the repose of my soul and the souls of my parents; and the sum of forty-five (45) dollars to my mother; the balance of the said insurance claims to be applies towards towards (sic) the immediate and current expenses of my estate and towards the support and maintenance of my wife and children; all said insurance moneys (sic) or so much thereof as may be expended towards payment of the said expenses and said support and maintenance to be replaced and indemnified from money to be collected from the Perry Farm at 15 point upon which I have a lien and upon other available sources if necessary.
(3) To my two sons William Patrick and Lawrence as tenants in common and not just joint tenants, the farm of land containing about 300 acres now and for years past in my possession and actual occupation at Egmont Bay and all the stock, farming implements and personal effects thereon with the buildings and improvements thereon subject to the condition and charge of completing in proper style, the new dwelling house now in course of erection and completion thereon; and charged and chargeable also with the duty of boarding, lodging and suitably maintaining my wife thereon for the period of five (5) years as herein before directed and all my children in like manner until they shall respectively attain the age of twenty-one years if they so desire it; provided also that my said son Lawrence shall remain on said farm until he attains the age of twenty-one years and in the meantime shall assist with his personal labor, skill and advise his brother William Patrick in the work, care, management and protection of said farm and the stock and effects belonging thereto; and as soon as my son Lawrence shall attain the age of twenty-one years, the shall then have an equal share and interest in the said farm, stock and effects with my said son William Patrick; it being also my earnest wish and desire that all my children with my wife shall reside together on said farm at Egmont Bay for at least five years in mutual peace and harmony and by their united labors, skill and industry, protect and advance the best interests of the estate, and their own welfare. In this connection I also give one foal to my son Lawrence and one foal to my son Charles absolutely. In the event of either of my two sons William Patrick and Lawrence desiring to sell and dispose of his interest or share in the said farm of land , stock and personal effects my will is that he shall be and is hereby restrained and prohibited from selling or disposing of his interest or any part thereof to any person or persons, corporation or corporations, except to the other of the said two sons or his heirs. My said two sons are in all matters pertaining to the business of the said farm to seek the advice of my said wife and to be influenced by her suggestions in all reasonable ways; and my wife and children are required are required mutually to aid each other and confer together for the best interests and prosperity of all; and during my wife's residence at Egmont Bay, as aforesaid my said two sons (William Patrick and Lawrence) are required to report to my wife at least twice every year all transactions and matters of business connected with said farm.
(4) In reference to the Paul Perry farm at 15 Point and of which I held the deed in fee simple, my claim thereon is nevertheless intended only as and for a mortgage and that upon payment of the debt, interest and expenses incident thereto, my executors are hereby directed to recovery said farm of land to said Perry and his heirs and assigns; but my said executors should prohibit the said Perry from committing waste on the said farm and should insist on his making good any damage he may have done to committed upon said farm since I acquired the title thereto. The money to be obtained under my claim on said farm is to be appropriated as far as necessary towards recouping and repaying any insurance money that in the meantime may have been diverted from its original purposes.
5 To my daughter Margaret, I give and bequeath one organ now in my dwelling house in Summerside, one good bedroom suite at the date of her marriage, or earlier period as my executors may decide. I also devise to her the lot on Fitzroy Street with the houses thereon in which the McCormack family now reside.
6. To my daughter Kate, I give and bequeath one pianoforte now in my dwelling house in Summerside, one good bedroom suite at the time of her marriage or earlier period as my executors may determine. I also devise to her the lot on Fitzroy Street with the houses thereon in which the Morrison family lately resided also the lot of land on the same street upon which Mr. Daley resides.
7. The last two devises of real estate to my daughters Margaret and Kate are charged with the rents issues and profits thereof for two (2) years from the date of my decease and such rents, issues and profits are to be applied towards the payments of the current expenses of my estate and the maintenance of my wife and children.
8. To my son Joseph Pierce the lot and land on south side of Prince Street abutting the rear of the lot on which I reside; also the lot of land on Barrack Street.
9. To my son Francis the piece of land about 2 1/4 acres on the north side of the street or road leading eastwardly from Summerside and bounded on the east by the McEwen Road.
10. To my son Charles the one acre lot of land on the Eastern side of Upper Central Street.
11. To my sons Joseph Pierce and Frances as tenants in common and not as joint tenants the lot of land and houses thereon (or my interest therein) on the east side of Lower Central Street subject to the rents, issues and profits thereof being applied towards the support and education of my said two sons (Joseph Pierce and Francis) during their minority.
12. To my son Joseph Pierce my gold watch and chain.
13. To my executors hereafter named I give all the tools of my trade, lumber, timber, and all other personal property in and about my workshop or warehouse on Church Street, in trust to sell the same for ready money and to apply the net proceeds towards the payment of my debts and the expenses of my estate.
14. I hereby declare, will and direct that the legacies bequests and devises in this will expressed to be given and made to any of my children who are minors shall not vest absolutely in them or any or either of them untill (sic) they shall respectively attain the age of twenty-one years and that all moneys that may come to the hands of my executors that may not be required or applied as hereon before directed shall be by my said executors deposited at interest in a savings bank or savings banks of the Dominion, for the benefit of my wife and children generally and respectively and not jointly.
15. I also hereby declare my will to be that my executors hereafter named their respective heirs, executors and administrators shall be charged and chargeable only every of them for and with his and her own respective receipts, payments, acts and willful defaults and not otherwise; and shall not be charged or chargeable with or for any sums of money other than such as shall actually and respectively come to his or her hands by virtue of this my will nor with any loss or damage which may happen in or about the execution of the duties pertaining to the office of executor as aforesaid, without his, her or their wilful and respective default.
16. The several bequests, legacies and devises given and made to my wife in and by this will are so given and made in lieu and stead of her dower, right of dower and thirds and not in addition thereto.
17. In addition to several sums of money advanced by me to my son James and on account of several years education provided for him and by me paid for, at St. Dunstan's College, I hereby give and bequeath to him the sum of one hundred dollars to be paid by my executors as soon as they conveniently can.
18. I also authorize my executors to take all necessary proceedings for the collection of all debts due to me at the time of my decease or subsequently becoming due and payable to my estate.
19. I give, bequeath and devise all the rest, residue and remainder of my estate of whatsoever nature or kind not herein before specifically disposed of to my wife to be sold and disposed of as she may direct, and the proceeds thereof to be divided in equal portions between my wife and children.
20. I hereby nominate and appoint John F. Gillis of Summerside, Doctor of Medicine, Charles Murphy of the same place, Civil Service Clerk, and my daughter Margaret to be the executors of this my last will and testament hereby revoking and declaring void all former or other wills or testamentary dispositions at any time heretofore made by me.
21. Signed sealed and declared by the above named Pierce Doyle as and for his last will and testament in the presence of us, who at his request and in his presence have subscribed our names as witnesses thereto at Summerside Prince Edward Island this third day of August A. D. 1890.
(Signed) T. Kelly
( ,, ) Roderick Gillis
( ,, ) William Doyle
Signed Pierce Doyle
This will was proved on the 7th day of August 1890 on the oath of Thomas Kelly a subscribing witness and on the 15th September 1890 probate was granted to John F. Gillis and Margaret Doyle - the third executor Charles Murphy having filed his renunciation thereof - and which I certify Charles Young - Judge of Probate In the name of God amen.