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Will of John Tilley
In the name of God Amen. I John Tilly or Tilley of Old Perlican now at Upper Shoal Harbor Random Sound Planter being now in good health & of perfect mind & memory calling to mind the mortality of my body do give and dispose of my property in the following manner & form First I give and bequeath to Moses Tilly or Tilley my eldest son his legal heirs executors & assigns one fourth part of the claim use income and profits of my saw mill in upper Shoal Harbor aforesaid in Random Sound aforesaid with all the apparatus & appendages necessary to its operation such as roads & other conveniences for hauling floating & landing lumber & carrying off the same To my second son Aaren Tilly or Tilley I bequeath the same proportion of said saw mill with all the privileges as above written To my daughter Catherine I also give & bequeath the same proportion of said saw mill with the same privileges as to Moses Tilly or Tilley also to Aaran Tilly or Tilley The fourth & last quarter I reserve to the support & maintenance of my wife Elizabeth Tilly or Tilley should she outlive me then at her demise it shall be divided between my youngest daughter Deborah & John Tilly or Tilley my grandson
All my land westward of herons mountain shall be divided in the same proportion and to the same parties with the saw mill and its premises and that eastward of herons mountain aforesaid and delineated on a grant from Government shall be divided between Moses Tilly or Tilley aforesaid And Catherine my daughter aforesaid In the follow proportions Moses Tilly or Tilley is to have the use & management profits & income of two thirds of said land except that fishing room and other land at manpoint which I acknowledge To have given to Aaron Tilly or Tilley Heretofore and is not to be reckoned on this last division My houses stores & stages in Shoal Harbor & elsewhere I give the right of occupation or let for compensation to Moses Tilly or Tilley & his legal heirs executors & assigns for ever one third of the land between Manpoint and Herons Mountain of which I have bequeathed Moses Tilly two thirds of the income thereof I also bequeath Catherine plamen and her legal heirs executors & assigns the right of management profits and income of said land for ever My mathematical instruments & books First to be sold to pay my legal debts if any Thomas Smith and his present wife Martha at Hants Harbor I give the use & enjoyment of all my land and other property in that place for & during the period of their natural life Their sons by exhibiting a receipt of forty seven pounds currency from me the said John Tilly aforesaid my heirs executors or assigns after the signing of this will to occupy & enjoy my property in Hants Harbour they & their legal descendants for ever And I do hereby appoint my two eldest sons Moses Tilly or Tilley & Aaron Tilly or Tilley my sole executors of this my last will & testament and I also charge if either of these my said executors demise another be appointed by the living to fill his place so demised And I do hereby utterly disallow revoke and disannul all & every other former testament will legacy bequest & executor attorney or attorneys by me in any way before named willed or bequeathed ratifying & confirming this & no other to be my last will & testament In witness whereof I have hereunto set my hand & seal this eight day of June in the year of our lord eighteen hundred & sixty four
(LS) Signed sealed & declared by the said John Tilly as his last will & testament in the presence of us who in his presence & in the presence of each other have hereunto subscribed our names, Thomas Godden, John Hunt.
Note: The wills in those will books are NOT actual wills. They are either hand-written copies or in later years typed copies of a, "last will and testament," written or typed by the court clerk, after the death of the testator, when the executor presented them to the court for probate. The court clerk didn't list the signatures at the bottom, he (or she) just put them in the book in whatever order they were in, on the original document, no spacing most of the time, no punctuation. The originals were kept by the executor.
We who have typed these wills, have made every effort to include all the errors that were on the microfilm, in order to avoid destroying the integrity of the originals, where ever they may be.
Page Contributed by Judy Benson & Ivy F. Benoit
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)
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