Will of Samuel Hyde of Prince Edward Island (1821-1897)

This is transcribed from the original family copy of Samuel Hyde's will, but may also be found in Liber 14 Folio 467

Copy of the Will of Samuel Hyde, Dated 24th Dec., 1895.

In the name of God; Amen!

I, Samuel Hyde of West River Township number Thirty-one in Prince Edward Island, farmer, do make and publish this, my last will and testament in manner following, that is to say;-

1. I give and devise to my adopted son James Alexander George Albert Moore the eastern moiety or half part of the farm on which I now reside at West River aforesaid To Hold the said eastern moiety (comprising about one hundred acres) to him his heirs and assigns forever.

2. I give to said James Alexander George Albert Moore Two cows, six sheep, One pair of Horses, One Cart, One Plough, One set Harrows, One wood Sleigh, with necessary harness to work with, these articles to be selected for him out of what may be on the farm by my herinafter named Executors.

3. I give and bequeath to my dear wife, Jane Hyde all my household furniture and effects including my Piano to hold the same to her absolutely.

4. The western half of my farm on which I now reside comprising of about one hundred acres together with the remainder of my stock of farming implements I direct shall be sold by my herinafter named Executors as soon as conveniently may beafter my decease and the proceeds thereof I direct shall be divided equally amongst my daughters herinafter named namely;- Elizabeth Mutch, Clarenda Mary Gates, Lydia Celia Turner, Matilda Adelaide McMillan, Penelope Gertrude Norton and Roberta Mutch Hyde in equal shares; Provided always that in such division the amount advanced by me to my following named daughters shall be first charged to them for the purpose of equalization of their respective shares, namely;- Elizabeth Mutch to be charged with Three Hundred and Fifty dollars, Clarenda Mary Gates to be charged with Two Hundred Dollars, Lydia Celia Turner to be charged with One Hundred and Twenty-five Dollars, and Matilda Adelaide McMillan with Twenty-five dollars. And it is my will and I hereby direct that the shares payable as above to my said respective daughters shall be free from the interference and control of their present or any future husband respectively and shall not be subject or liable to be taken for their said husband's debts, but shall be for their own sole and exclusive use and benefit, and their own receipts (notwithstanding their coverture) shall be a sufficient discharge to my said Executors for all monies payable or paid to them respectively.

5. To my daughter, Isabella Sellar, I give the sum of Twenty-five dollars, considering her to be already well provided for. This sum I direct shall be paid out of the proceeds of sale of my said farm, stock, and implements.

6. My Gold watch and chain I give to my Grandson Samuel Robert McMillan.

7. All the rest residue and remainder of my property and effects real and personal of which I shall die seized posessed or entitled to I give and devise and bequeath to my said wife To Hold to her during the term of her natural life she may have and enjoy the rents issues interests and profits thereof absolutely, and at her death I direct that the principle sum forming or comprising said residue shall be equally divided amongst such of my first herin named daughters who shall then be living, and the lawful issue of any said daughters as may be dead share and share alike (The issue of any deceased daughter taking only the share to which their mother might have been entitled to if living). It being my will that the amounts to which my said daughters may become entitled under the last mentioned provision shall also be for their own sole and exclusive use and bebefit and free from the debts interference and control of their respective husbands.

8. Should I be posessed of any lands other than those mentioed above at the time of my death I direct that they shall be sold and the proceeds be invested for the use of my wife in life and shall thus form part of the residue of my estate.

9. It is my will that the provision herin made for my wife shall be in liew of dower.

10. The power of sale herin given to my Executors to sell my real estate shall give them full power to convey and execute all the necessary Conveyances and assurances to the Purchasers thereof, and I declare it to be my will that any purchaser of any real estate shall not be bound to see or enquire into the application of the purchase money thereof or to be in any way responsible for the mis-application or non-application thereof.

11. I hereby revoke all former and any other wills by me heretofore made and I declare these presents only to be my last will and testament.

12. I hereby nominate and appoint William Boyle (Michael's son) and James McMillan my son-in-law the Executors and my wife Jane Hyde the Executrix of this my last will and testament.

In witness Whereof I the said Samuel Hyde have herunto my hand and seal subsccribed and affixed this Twenty-fourth day of December A.D. 1895.

Signed, Sealed, Published and Declared by the said Testator Samuel Hyde as and for his last will and testament in the presence of us who in his presence and in the presence of each other have herunto subscribed our names as witnesses. (sgt) Samuel Hyde (L.S)

(sgd) L. H. Davies
(sgd) F. L. Haszard

Notes on the transcribed will and some of the persons named in it:

1. In the statement of division of estate, shares are shown as going to Lydia Turner, Roberta M. Smallwood (married to Fred Smallwood of St. John's, Nfld. - she was Aunt Bert to both Joey Smallwood and Penzie's daughter, Bernice (Norton) Beaty, Elizabeth (Mrs. Albert) Mutch (Bernice's Aunt Lizzie), Clarenda M. (Mrs. Frank) Gates, and Penelope G. (Mrs. George Byron) Norton and the children of Matilda (Mrs. James D.) MacMillan. At the time of the settlement of Samuel's estate, the lawyers were communicating with James in his capacity of Executor long distance since he was at that time in Calgary.

2. Further, in the settlement of Estate, among the assets of the estate were the following stocks: Two shares of Cornwall Dairy Co. & 18 shares of Canadian Bank of Commerce stock, the following mortgages held by the estate and distributed among the beneficiaries: Donald Gillis; Bernard McGuigan; James Griffin; Simon King; Archibald McPhail; Andrew Bell; Annie MacKenzie; Albert E. Gay; David J. Sanders; Duncan McAskill; Malcolm D. McAulay; Jessie Young; Donald Walker; James Campbell (property at time of division in the hands of M. Burke); A. H. McGillivray and Donald Stewart, and judgements against the following individuals: Alex. Dewar; Franklyn McAulay; Chas. J. Haszard. The estate amounted to $8375.59 in principal - a princely sum for the time. This presumably includes the proceeds of the sale of the land and stock mentioned in #4 above, and probably explains the large number of mortgages held by the estate for division.

Uploaded: 02/25/2000 2:40:01 PM
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