Will of Theophilus DesBrisay of Prince Edward Island (1816-1864, Charlottetown)

Last Will and Testament of Theophilus DesBrisay, Esq., b. 1816 d. 30 Mar 1884 in Charlottetown:

Liber 11 Folio 19

This is the last Will and Testament of Me Theophilus DesBrisay of Charlottetown in Prince Edward Island formerly carrying on Business as an Apothecary and Druggist at my old corner known as Apothecaries Hall corner on the corner of Grafton and Queens Streets.

First from my increasing weakness and infirmities and knowing it is appointed unto all men once to die: I commend my spirit unto the Great God who gave it. Secondly having by Deed of Trust made some time since conveyed all or nearly all the Freehold I then possessed to Louis Davies Henry Jones Cundall and William Dodd all of Charlotte Town as Trustees for my Dear Wife and our Children. I do if necessary confirm that Deed. Thirdly having some other tracts of land not included in that Deed and Household effect Stock and Farming implements, the Whole of Which I Will to my Dear Wife to be at her own disposal absolutely the freehold to her and her heirs in freehold, the first is some four hundred acres of Land of Lot number Three purchased at a Sheriffs Sale on said Lot by the late Hon.ble James Yeo for me. Another small Tract on Township number Thirty nine in Kings County purchased from one Thomas Murphy which is duly recorded, the former is not I imagine recorded but the Deed was handed by me to Alexander Anderson Esquire of Bedeque for the purpose of being sold by him for my benefit but as I believe no part has been sold. Should any tracts be found standing my name I Will to my Dear Wife in fee(?) simple to be at her own disposal and her heirs. Fourthly some years since I took out a Policy of Insurance on my own life in an English Company called the International for some £ 500 Sterling and regularly paid the Premium of Insurance but the Company getting into difficulties arranged with another Company called the Prudential arranging with that company to pay for a time only One half or fifty per cent but eventually arranging that the whole amount the full premium up to this year was paid on this Policy no further arrangement has been carried out. And I trust my Executors will look into this Matter for no greater fraud was committed if this one is not compelled to pay over and the other to pay over to my heirs the whole money to be derived from this Policy to be the property of my Wife subject to the payment of my just debts but as I have kept close up to the Mark I do not expect to leave any debts to pay and trust that none will be paid without being fully looked into. Fifthly, By the Will of my Father in Law the Late Colonel P.D. Stewart I in conjunction with my Brother Thomas since deceased I was appointed Executor and Trustee for some property in the County of Cork in Ireland the Rents issues and profits have ever since been paid to me by Mefs. Hussey and Townshend. Of(?) Mr. Townshend this same Will makes my Executors the Executors in case of my decease, the Rents are paid up to Michaelmas last and paid over to me as directed by said Will at present to Flora my Wife's Sister and after decease the said Rents are payable to my Wife Dorcas and her heirs. (?????) to this Will the last accounts of said property The Whole Rents heretofore have been about Twenty pounds Sterling. I wish this matter to be enquired into by my Executors as well as all other matters coming to their notice and I hereby appoint my Wife Dorcas and our son in Law Robert F. Deblois Executive and Executor of this my last Will.

(Signed) Theoph DesBrisay (Seal stamped T.D.(?))

Signed Sealed published and declared by the said Testator as and for his last Will and Testament in the presence and that of each other have hereunto subscribed our names as Witnesses this 30th day of May 1882

(Signed) James Curtis
Geo. E. Hughes

This will was proved on the 10th April 1884, on the oath of George E. Hughes a subscribing witness, and on the same day, Probate was granted to both Executors and which I certify

(signed) Charles Young
Judge of Probate

Uploaded: 01/15/2001 9:22:03 AM
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