The Will of Angus O'Docherty (1749-1827, Portage Parish)

ANGUS ODOCHERTY (DOCHERTY) (c.1749 – 1827)

Documents record that Angus ODocherty arrived on PEI in 1803 from the Isle of Skye, Scotland. Documents also record that a Donald ODocherty arrived from Skye in 1803--on the Polly. Donald had three sons--Finlay, Donald Jr., and Angus and probably at least one daughter, Margaret who married Angus 'Mor' McLeod. Judging from given names in both families and the fact that Donald's son Finlay is buried in Angus' burial plot it seems probable that Angus and Donald were brothers or at least cousins; however,this will likely never be documented.

Angus "ODocherty" left a will, with a codicil, naming his kin. His surviving kin put a headstone on his grave. The headstone places him on Prince Edward Island in 1803 though he was a native of the Isle of Skye, Scotland. These records are the inheritance Angus ODocherty left his many descendants.

Angus signed his will with his mark 20 December 1826. The codicil is dated 22 November 1827. The will records that Angus’ wife was "Reginald" McKay. The transcripts of his still standing, but almost illegible, headstone record that the wife of Angus "Docherty" was "Rachel" McKay. Perhaps Rachel is Reginald in Gaelic. Whatever the reason for the given name difference, it is apparent that Reginald/Rachel McKay was Angus ODocherty/Docherty’s wife. Transcripts of Angus’ headstone record that Rachel died at age 76 but nothing more about her. We do know that Rachel was alive the day Angus signed his will because the same day Reginald ODocherty signed "With the above Will I give my full and free consent" with her mark. She was a trusting and dutiful wife. That is all we know about Reginald/Rachel McKay ODocherty.

Because Angus ODocherty was of "Portage Parish of Saint John", it appears that his fifty acres of land was located on Lot 57 or 58. This inheritance, so important to European emigrants at that time, was willed to Angus’ son-in-law, Roderick McLeod, and his wife, Catherine ODocherty McLeod, who were to maintain Angus and Reginald in a "decent Comfortable manner" while they lived and "continue the same dutiful attention" to whichever survived the other.

Angus was a wise and fair man as evidenced by his adding, "Should I and my son in Law & Daughter at any time hereafter disagree then we are to have separate Establishments & the produce of the farm to be equally divided between us." Angus also stipulated, "I intend making no Change or alteration in this Will I only desire the Land & my other property to be considered my own & subject to my own Control and pleasure during my life time but I will in no Case alienate my Land from the parties to which I here bequeath it . . ."

Possible family changes were also addressed in Angus’ will as he further specified, " That the said Rodk McLeod & Catherine ODocherty be not empowered to sell or otherwise dispose of the above mentioned property but leave it to their son Angus McLeod and in Case of his death to their other children." The possibility of his daughter Catherine’s early demise was another concern addressed. "If my daughter the said Cathr ODocherty dies before her husband & he marries again in that case the property is to devolve immediately to his Son The said Angus McLeod but should my Daughter survive her husband she is to have possession of my Land while she lives & after death leave it to the said Angus McLeod her son & failing of him to the other children as already stated." Angus wanted his land to continue in the possession of his bloodline.

Angus also provided for the reimbursement of monies his son Finlay had invested in the purchase of the family farm. Finlay was obviously alive in 1826 when Angus initiated the will; however, Angus and Rachel’s headstone records that their son Finlay died at age 16.

Though Angus indicated he did not intend to alter the will he drew up in 1826, on 22 November 1827 he modified it stating, "Unless my Son Finlay ODocherty will claim the Twenty Pounds due to him in that Case I order & appoint my Son Malcolm ODocherty to receive the one half of this Sum & my son in Law Rodk McLeod & his wife the other half." After Angus’ signature is added, "I order and appoint a Cow to my Son Malcolm without any Conditions Whatever."

A will and a headstone clearly record that Angus and Reginald/Rachel McKay ODocherty/Docherty had three children: Malcolm, Catherine (McLeod), and Finlay.

Angus "Docherty", a native of Skye, Scotland, died 28 December 1827 according to his headstone in the St. John’s Belfast Church graveyard on Prince Edward Island Lot 58. There he rests in his plot with Rachel and Finlay—and Catherine and Roderick nearby.

Probate was granted to Angus’ son-in-law Roderick McLeod 19 January 1828. It appears that Finlay died about the same time his father died—leaving daughter Catherine to care for her mother, Rachel—Roderick and son Angus to tend the farm—and son Malcolm to carry on the Docherty name.

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Liber 2 Folio 111

In the Name of God Amen, I Angus ODocherty of Portage Parish of Saint John & Province of Prince Edwards Island being in Good health & of sound mind memory & understanding but considering the uncertainty of this transitory life do make publish and declare this my last Will & Testament in the manner and form following I Commit my Soul to Almighty God trusting in his mercy Through the merits of my Saviour Jesus Christ & order my body to be interred in a decent Christian like manner the Expenses of my funeral to be paid out of my personal Estate I order and bequeath to my Son in Law Roderick McLeod & to my Daughter Catherine ODocherty his wife all my Landed property consisting of fifty Acres more or less with all the improvements buildings woods & other appurtenances thereunto belonging & to their Heirs or assigns for ever Subject however to the following Conditions --- Viz First That they the said Roderick McLeod & Catherine ODocherty my son in Law & Daughter do maintain me & my wife Reginald McKay in a decent Comfortable manner while we live and continue the same dutiful attention to whichever of us survives the other Secondly That the said Rodk McLeod & Catherine ODocherty be not empowered to sell or otherwise dispose of the above mentioned property but leave it on his Son Angus McLeod and in Case of his death to their other children Thirdly If my daughter the said Cathr ODocherty dies before her husband & he marries again in that case the property is to devolve immediately to his Son The said Angus McLeod but should my Daughter survive her husband she is to have possession of my Land while she lives & after death leave it to the said Angus McLeod her son & failing of him to the other children as already stated Fourthly Should I and my Son in Law & Daughter at any time hereafter disagree then we are to have separate Establishments & the produce of the farm to be equally divided between us Fifthly That my Son in Law & Daughter the said Rodk McLeod & Catherine ODocherty do pay the sum of Twenty Pounds currency due to my Son Findlay ODocherty which Sum he Invested in the purchase of the farm & I myself will assist them to discharge this debt by appropriating so much of the produce of the farm for that purpose but if any part of this Sum should remain due after my death This must be paid to my Son the said Finlay ODocherty by my Heirs or Executors out of the value of my personal property Sixthly & Lastly As I Intend making no Changes or alteration in this Will I only desire the Land & my other property to be considered my own & subject to my own Control and pleasure during my life time but I will in no Case alienate my Land from the parties to which I here bequeath it & I hereby Revoke all former Wills, In Witness whereof I have hereunto set my hand & Seal at This Twentieth day of December In the Year of our Lord One Thousand Eight Hundred & Twenty Six

Signed published & Declared in the ) Presence of us who have hereunto ) set our names as Witnesses to this ) Will & Testament In the presence of ) Said Testator and In the presence ) of one another )

His Angus X Odocherty mark

John McLennan Witness
Fraser Witness
his
John Mac X Sween Witness
Mark

With the above Will I give my full and free Consent

Her
Reginald X McKay
mark
Wife of Angus ODocherty

Portage 22^nd Novr 1827

Codicil – Unless my Son Finlay ODocherty will claim the Twenty Pounds due to him in that Case I order & appoint my Son Malcolm ODocherty to receive the one half of this Sum & my Son in Law Rodk McLeod & his wife the other half

His
Angus O X Docherty
Mark

I order and appoint a Cow to my Son Malcolm without any Conditions Whatever

John McLennan Witness

Probate granted to Roderick McLeod therein named on the Oath of Donald Fraser one of the Subscribing Witnesses Dated the 19^th day of January 1828

Robert Gray Judge of Probate