The Last Will and Testament of John McAlduff (ca. 1790-1868, Tailor of Lot 4, Prince Edward Island)

Dated at Alberton, 18 November 1868

This is the last Will and Testament of me, John McAlduff, of Lot 4 in Prince County, Prince Edward Island, Tailor. I direct that my Funeral and Testamentary expenses be paid out of my Property. I shall leave at the time of my decease in such manner and proportions as my Trustee and Executor hereinafter named shall think fair and equitable. I give and devise to my son, Edward McAlduff, Thirty acres of land or therea­bouts be the same more or less being part of the Farm now held by me that is to say. All that portion of such Farm lying on the West side of the Road from Alberton Cross to the Wharf now in his occupation (except one acre thereof hereinafter mentioned) with the Dwelling House and Buildings thereon. And also the Northern Moiety half part of the remainder of the said Farm on the East Side of the said road such. Mo­iety to be measured and stake out immediately after my decease with the appurtenances thereto belonging. To hold the land to the said Edward McAlduff for the term of his natural life. And after his death I give and devise the same to my Grandson John McAlduff, Son of the said Edward McAlduff and to his heirs and assigns if he shall survive his said father. But if he shall die during his father's lifetime I give and devise the same to the oldest son of the said Edward McAlduff who shall survive his father and to his heirs and assigns. And if no such Son shall survive then to my Son William his heirs and assigns for ever. I give and devise the acre of land before mentioned being the South East corner of the said first mentioned land to be measured and staked out as aforesaid with a frontage of four chains on the said Road to John Denyer Woodman my Executor hereinafter named for and de­vising the natural life of my daughter Jane Steele. But upon special trust for the said Jane Steele and to permit her to have the user occu­pation and benefit thereof as long as she shall live free from the debts control or engagements of her present or any after taken husband. And after her decease I give and devise acre of land to my said Grandson John McAlduff his heirs and assigns for ever. And as to the other moiety of that portion of the said Farm on the Eastern side of the said Road together with the Dwelling House and Buildings thereon I give and de­vise the same to the said John Denyer Woodman his heirs and assigns for and during the natural lives of my daughters Elizabeth, Ellen and Louisa and the lives or life of the Survivors or Survivor of them. To hold to him his heirs and assigns. But upon Trust nevertheless to per­mit and suffer my said daughters in equal shares and the Survivors and Survivor of them to use occupy and enjoy the same and to receive and to be the such issues and profit thereof for their and each of their own use during their lives or life with benefit of Survivorship but to be absolutely free from the debts controls or engagements of any hus­band with whom they or either of them may intermarry. And after the death of the Survivor of my said three last mentioned daughters I give and devise the same last mentioned Moiety to my said Son Edward. if he shall be then living or in case of his death to his said Son John McAlduff or if both shall be dead to the elder surviving Son and if none shall survive my said Son William I give and bequeath to my said daughter Elizabeth one feather bed to be chosen by her out of those in my house at the time of my decease. And to my said Son Edward my Mare, Waggon and farm with the two Sets of harness thereto belonging in condition of his paying such just debt if any as may be due from me at the time of my decease. And I hereby nominate and appoint the said John Denyer Woodman Executor of this my Will and my Trustee for the purposes aforesaid. In witness whereof I have hereunto set my hand and seal this eighteenth day of November one thousand eight hun­dred and sixty eight.

The
Mark of
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John McAlduff

Signed Sealed Published and declared by the above named John McAlduff the Testator in the presence and at his request have signed our names as witnesses thereto and the same having been first read over to him.

Wm. Henry Buckerfield

Catherine Woodman