Will of James Warburton (1810-1892, Charlottetown Royalty)

Liber 13 Folio 133

This is the last will of me, James Warburton of the Royalty of Charlottetown in Prince Edward Island, gentleman. I hereby revoke all former wills and testaments of me the said James Warburton. I direct all my just debts, funeral and testamentary expenses to be paid out of my real and personal estate. I give to my wife Martha C. Warburton, should she survive me, the free and uncontrolled use and enjoyment of all my real and personal property during her life. After the death of my said wife, I direct that the following articles be given to my several children as keepsakes, viz, to my eldest daughter Elizabeth, wife of John Clark a water colour painting of a scene in Naples, portraits of my brother John and of my sister Nannie, portrait in oil of my brother George, photographs of my brother Richard and his wife and photographs of my late brother-in-law, Major Hooper and his wife; to my daughter Annie, wife of Robert B. Stewart a painting by my sister Nannie of a scene in Wicklow, photograph pf my sister-in-law, Mrs. Hooper's house, photographs of my father-in-law and mother-in-law (the late Samuel Green and his first wife) and the piano now in my house; to my eldest son Richard my watch, gold pen-holder and photograph albums; to my son

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William the portraits in oil of my father and mother; to my son George my ring, magnifying glass and one dozen silver tea-spoons; to my son Bannerman the portraits of Sir Alexander Bannerman and Sir Dominick Daly, former Lieutenant-Governors of this Island, the portrait in oil of me by R. Harris, given by him in accordance with his mother's wish, also my gun, books, and book-cases; to my youngest son James, his own portrait in oil by my sister Nannie, photographs of Garryhinch and a painting on birch-bark by my neice Ada Warburton. And whereas by an agreement made between my son William and me he has agreed to advance me the sum of £ 70 sterling per annum upon certain conditions in the said agreement mentioned, Now I will and direct that, subject to my wife's life interest as aforesaid, all sum or sums of money advanced to me or my said wife under that agreement by my son William shall be made a first charge upon all my real and personal property and such sum or sums shall be repaid to my said son William before any other charge or legacy as hereinafter mentioned shall be paid. And whereas my son Bannerman is now indebted to me in the sum of two thousand dollars or thereabouts

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being money borrowed by him to complete his education, And whereas my said son Bannerman has, up to the first day of January last (1885) advanced to my son James, or has become liable for advances to my said son James, to enable him to complete his education, and to pay interest or sums for which he my son Bannerman has become liable in order to enable my said son James to complete his education as aforesaid, the agregate amount of such advances and payments, (up to the first day of January last (1885) as aforesaid) amounting to the sum twelve hundred and seventy-seven dollars and four cents ($1277.04): I hereby will and direct that the said sum of twelve hundred and seventy-seven dollars and four cents ($1277.04) and all interest thereon which at any time after the first of January last (1885) may be paid thereon by my said son Bannerman shall be made a charge on all my real and personal estate next after the charge in favor of my son William and that subject to such first charge in favor of my son William, he my said son Bannerman shall be allowed or given credit therefor on the amount of money due from him to me as aforesaid; and should he before my death repay the amount so due by him to me or any part thereof, the same, subject to such first charge in favor of my son William shall

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be refunded to him to the amount of his said advances of the sums for which he has become liable for my son James. subject to the specific legacies of the keepsakes hereinbefore mentioned and subject to the foregoing charges in favor of my sons William and Bannerman, I will and direct that all the rest residue and remainder of my real and personal estate be equally divided between my two daughters Elizabeth and Annie. I appoint my son Alexander Bannerman Warburton (hereinbefore called "Bannerman") sole executor of this my last will and testament and I hereby give him absolute power and authority, after my wife's death to sell and dispose of all my real as well as personal estate, as and for such price or prices and upon such terms as he in his uncontrolled discretion may think fit, and also to sign seal execute and deliver all and every deed, release, satisfaction or other document as may be necessary to be signed, sealed, executed and delivered by him for the purpose of completing or carrying into effect any sale or sales of my real property. In witness whereof I have set my hand to this my last will and testament the 11th day of December A.D. 1885.

James Warburton

Signed by the above named James Warburton as his last will and testament in the presence of us, both being present at the same time, who in his presence and in the presence of each other have hereunto subscribed our names as witnesses

C.R. Smallwood Atty at Law, Charlottetown
D.B. Stewart Charlottetown Student at Law

In Probate Court
55th Vic. A.D. 1892

The annexed will of Honorable James Warburton late of the Royalty of Charlottetown Deceased Testate having been presented for Probate Charles R. Smallwood Esq., one of the subscribing witnesses thereto made oath that he was present and did see the said Testator sign his name thereto and heard him publish and declare the same as and for his last Will and Testament that when Testator so did he was of sound disposing mind and memory according to this Deponent's best discerning that he subscribed his name as a witness thereto in the presence of the said Testator and that D.B. Stewart Esq. subscribed his name as a witness at the same time.

C.R. Smallwood

Sworn to at Chambers this 1st day of March A.D. 1892, before me Charles Young, Judge of Probate.