Will of John Stewart
from Newfoundland will books volume 1 pages 256 to 260 probate year 1837
John Stewart deceased.
In the name of God Amen I John Stewart of Mount Stewart in Prince Edward Island North America being weak in body but of sound mind and understanding do make and publish this my last will and testament hereby revoking all former wills codicils and other testamentary dispositions. In the first place I give and bequeath to my beloved daughter Magdalen Stewart wife of George Birnie Number twelve of Great St. Helens London One hundred pounds sterling money of Great Britain and I give and bequeath to Helen Olympia Stewart wife of J.H. Littler Lieutenant Colonel in the service of the Honourable East India Company and daughter to my deceased son captain Henry Stewart in fee simple my houses and land at Mount Stewart in the said Island of Prince Edward (Island) including therewith Five hundred acres in Lot or Township Number thirty eight adjoining to the Western boundary of Lot or Township Number thirty seven of which two hundred and fifty acres are rented, vizt. One hundred acres by Isaac Jay, fifty acres by _______ Birt Fifty acres by ______ Gibbs and fifty acres by ______ Smith of which I give and bequeath to her all my right title and interest.
Item I give and bequeath a tract of land in the said Island, to wit twelve hundred and fifty acres on Lot or Township Number three still unoccupied and unimproved to my natural son John Stewart of Lot or Township Number twenty six in fee simple and entirely at his own disposal.
Item, I give and bequeath unto my good friend Mary Rain in fee simple all my lands in Lots or Townships Number forty five and twenty six still undisposed of together with all sums of money that are now due or hereafter may become due thereon entirely at her own disposal and to her heirs.
Item, I give and bequeath to her the said Mary Rain all my right title and interest in a tract of land of One hundred acres parcel of the land at the north side or Savage Harbor purchased from the late Alexander Watt Esquire held under lease by Benjamin Coffin Esquire for the term of one thousand years at the yearly rent of five pounds sterling money of Great Britain and to her heirs. And whereas I am tenant under my father's will to certain other lands on Lot or Township Number forty eight and am also in possession of a small tract in the same Township purchased by me from Mr. William Farquharson and whereon John MacCallum is now tenant at the yearly rent of five pounds sterling money, this last tract I give and bequeath the property thereof to Donald MacCallum my faithful servant now living with me entirely at his own disposal and with respect to that part of my property I hold in this Township under my father's will and which is considered to be entailed on the male heirs of my father my intention is if God is pleased to spare me with longer life to use all lawful ways and means to obtain the full right of property thereto in favor of my own family. First in regard to my right of primogeniture as heir at law and the right conferred upon me by the postnuptial contract of marriage between my father and mother under which my father was precluded from making such a will as he was persuaded to make in his old age and when his faculties had greatly failed him by the decay of nature and contrary to all his declared intentions both as they can be gathered on the face of his will until the same was altered by Codicils which he was compelled by those about him to add thereto and contrary to his uniform declarations on the subject of his will which are known to and cannot be denied by my relations and I earnestly entreat of my executors should I not live to make the attempt myself to take the opinion of Counsel on the subject and if they should be so advised my will is that they make an effort to carry my intentions into effect and in case of success that the property which may thereby be recovered shall devolve to and become the property of my said grand daughter Helen Olympia Stewart wife of the said J. H. Littler in fee simple and her heirs, And whereas I am also entitled under my father's will to certain lands on Lot or Township Number eighteen concerning which no partition or agreement has yet taken place with my nephew Captain Peter Stewart of the Royal Artillery my will is that when the same is settled and agreed upon and my executors are put into possession this property shall likewise devolve to and become the property of my said grand daughter Helen Olympia Stewart wife of the said J. H. Littler and her heirs in fee simple that it may never be said that I have alienated any property to which I am entitled under my father's will to his posterity And whereas I am entitled to some remnants of land still unsold on the north side of Township Number Forty seven and also hold a mortgage on a tract of three hundred and sixty acres sold by me to Mr. James Baker now in possession of part thereof on which there is due the sum of two hundred and twenty pounds sterling money of Great Britain with interest at six per centum per annum since the death of the late Edward Allen who resided many years on this property Now my will is that the property of these small tracts and the money due by the mortgage on the said James Baker's farm shall rest and belong to Henry Douglas Morpeth Land Surveyor in the said Island in fee simple and at his own disposal and his heirs. And whereas I am also entitled to a certain house and lot of land in Saint John's Newfoundland built by myself as a Crown lease and now or lately in the occupation of James Sims His Majesty's Attorney General of the said Island, Esquire, now my will is that the property thereof shall belong to and become the property of the said Mary Rain and her heirs. And whereas I am entitled to a certain considerable sum of money long due to me from the estate of the late David Thomas Esquire of Westfield in the County of Radnor late Accountant General of the Army Pay Office who was many years my Agent and have also a considerable sum of money in the hands of the said George Birnie, now my will is that whatever is recovered of the debts due to me by the estate of the said David Thomas and also the money due to me by the said George Birmie, I hereby bequeath the whole thereof to the said Mary Rain and her heirs. And whereas I have on Lot Number Thirty eight two tracts of land purchased from the said Alexander Watt one of which is at the head of Hillsborough River containing eleven hundred acres, and the other at Savage Harbour, containing nine hundred acres, and one other tract purchased from the late Admiral Bentinck fronting on the said Hillsborough River containing two hundred acres held under lease by John Smallwood and ______ Farquharson conjunctly at the rent of seven pounds ten shillings current money of the said Island per annum and also another tract of one hundred acres on the eastern end of the said Township now in the occupation of Duncan McMillen and also two other tracts of land on said Lot number Thirty eight the first of which containing two hundred acres is hold under lease by Elisha, Benjamin and Andrew Coffin as heirs to their father Elisha Coffin and the other containing one hundred acres sold to Allan Morrisson being parcel of said lot Number thirty eight, now it is my will and I bequeath the same to the said Mary Rain in the manner following, vizt the land that is still unsold in fee simple, and all my right title and interest of that which is rented and the balance of the purchase money and arrears of rent now due or that may hereafter become due thereon, and to her heirs.
I also give and bequeath to Janet Weir and Helen Barrow my servants now living with me in fee simple each one hundred acres of land to be pointed out and chosen by my executors on Lot Number Forty five with a front of ten chains each And lastly I give and bequeath to the said Mary Rain all my personal estate and property within the said Island or elsewhere to her own sole use and benefit with the exception of the plate and furniture of my said house at Mount Stewart which I give and bequeath to the said Helen Olympia Stewart wife of the said J.H. Littler.
And I hereby name and appoint the said J.H. Littler, William Cullen of Charlottetown in the said Island of Prince Edward and the said Henry Douglas Morpeth executors of this my last will and testament.
In witness whereof I the said John Stewart have to each page of this my last will and testament set my hand and to the last page hereof my seal also this fifteenth day of June in the year of our Lord one thousand eight hundred and thirty two, one word on the first page being deleted and two words interlined, five words deleted on the third page and four words &c. &c. marginal note and one word deleted on this page previously to its being signed and also the words "of Charlotte Town in" being written on an erasure in this page likewise previous to its being signed.
J. Stewart (LS)
Signed sealed published and declared by the said John Stewart as and for his last will and testament in the presence of us who at his request and in his presence and in the presence of each other have hereunto subscribed our names as witnesses. Geo. Dalrmple. Henry Feehan. Robert Affleck. Isaac Jay. Matthew Dwyer.
D. M. Browning