Will of Simon MacKinnon of Prince Edward Island (-1867, New Town)

In the Name of God Amen

I, SIMON MACKINNON, Farmer of New Town, [Lot 57] Belfast, Prince Edward Island, being of sound and disposing mind and memory and knowing the uncertainty of life and the certainty of death, and being desirous to arrange all my worldly affairs, do make and declare this my last will and testament.

First I will and enjoin that my body receive a decent and Christian burial the expenses of which shall be paid out of my estate.

Secondly I will and bequeathe to my daughter MARGARET [wife of ARCHIBALD MACDOUGALL] one half of my farm…. [not legible]…. that side and part of my property…. land at present owned and occupied by JOHN NICOLSON [husband of JANET MACKINNON?] and containing on it all my buildings, dwelling house...and outhouses all which I will and bequeathe to my said daughter Margaret. I also will and bequeath to my said daughter Margaret all my cattle stock, farming equipment excepting what shall be hereafter particularly specified.

Thirdly I will and bequeathe to my son JOHN MACKINNON the other half of my land Fifty acres on in the event of my farm being found to contain more than one hundred acres then the quantity exceeding that amount, he my son John and my daughter shall have share and share alike.

I also will and bequeath to my Son John a Colt and one Cow and five sheep.

The above I will and bequeath to my son John and shall be his on the condition that he shall yearly and every year pay to my beloved wife [JANET "JESSIE" MCEACHERN] the sum of one pound, ten shillings, which if he will not consent to do the above disposition in his favour shall be null and void and the whole given to him on the above condition shall then revert to my daughter Margaret and if at any time during the life of my beloved wife my Son John should refuse payment at the stated time he shall then forfeit all and every claim secured to him by the above disposition. And further in the event of my Son John resolving to sell the land during the life of my beloved wife, I will and bequeathe to her one fifth percent of the amount for which the land may be disposed of.

In the last place I will and bequeathe to the Church of Belfast [St. John’s] of which I am a member and an Elder the sum of one pound to be paid yearly and each year for all time coming and to be paid in equal parts from both fifty acres given to my daughter Margaret and ten shillings from the fifty acres given to my son John. I have only further to add with reference to the above payment of one pound ten shillings to my wife from my son John, that the first payment must be before the end of one full year after my death, and at the same date every following year.

To carry into effect this my last will and Testament I appoint and ordain as my executor JOHN MACDONALD, Flat River, (husband of MARY MACKINNON) and JOHN MORRISON, Flat River, (husband of ELIZABETH MACKINNON) my sons in law, I declare and proclaim this to be my last will and testament and in testimony of which I hereby append my hand and seal in presence of A…. John Cullahan witnesses. SIMON MACKINNON, his X mark. This will was proved on the 5th Feb 1867 in Theo. A. McLean, subscribing witnesses and in the same day. Probate will granted to executors herein named, Charles Young, Judge of Probate…

Uploaded: 03/05/2000 10:00:29 PM
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