The Last Will and Testament of Andrew Halfpenny (- 1869, Charlottetown)

Liber 8 Folio 20

This is the last will and testament of me, Andrew Halfpenny, of Charlottetown in Prince Edward Island, labourer as follows, that is today whereas I am possessed of part of town lot number ninety-three, in the first hundred of town lots in Charlottetown aforesaid and whereon I at present reside and which I am desirous of devising to my sons, James, Patrick and Henry, in the manner hereinafter mentioned and to my son James, I give and devise that part of my said land commencing at the northeast angle of said town lot number ninety-three and thence south easterly for the distance of about thirty feet along Cumberland Street in Charlottetown aforesaid or until it takes in the whole front or length of my dwelling house on said land and thence at right angles with Cumberland Street aforesaid and extending back the whole width of my said dwelling house and thence parallel with Cumberland Street aforesaid until it strikes Sydney Street and thence along Sydney to the place of commencement.

To my son, Patrick, I give and devise that piece of my said land commencing at the southeast corner of my said dwelling house and thence extending along Cumberland Street until it strikes the southern boundary of my said land and thence at right angles in the said street for as many feet as the width of my said dwelling house and thence at right angles and parallel with Cumberland Street until it strikes the southwest corner of my said dwelling house and thence along my said dwelling house to the place of commencement.

To my sons, Patrick and Henry, I give and devise that part of my said land commencing at the northwest corner of my said dwelling house and thence extending along Sydney Street aforesaid until it strikes the western boundary of my said land and thence at right angles with Sydney Street and along the western boundary of my land for the distance of twenty feet and thence parallel with Sydney Street until it strikes my said dwelling house and thence along said house to the place of commencement and I give and devise to my said sons, James, Patrick and Henry the remainder of my said land on said lot to used by them in common as a yard and the better to enable them to use the last mentioned piece of land. I give them a right of way of the width of six feet adjoining the northwestern side of my said dwelling house over the piece of land hereinbefore devised to my said sons, Patrick and Henry. To have and to hold the said piece of land to and for the use and benefit of my said sons, James, Patrick and Henry, respectively for ever in the shares and proportions in which the same are hereinbefore devised. I do hereby declare that the piece of land hereinbefore devised to my said son, James, is given to him subject to the right of my wife, Anne Halfpenny, to live therein during her life and also subject to the maintenance of my said wife during her life.

To my said sons, James, Patrick and Henry, I give and bequeath the sum of fifty pounds of lawful money of the said Island, each. To my son, Andrew, I give the sum of twenty pounds. To my daughters, Bridget and Margaret, I give and bequeath the sum of ten pounds each and to my grandsons, Andrew Greenan and Patrick Smith, I give and bequeath the sum of five pounds each.

And I do hereby devise that my executors hereinafter named shall after the payment of my just debts, testamentary and funeral expenses pay the said legacies as soon as funds do enable them to do so. I do hereby nominate and appoint John A. Mc Kenna and Charles Riley of Charlottetown aforesaid executors of this my last will and testament.

Given under my hand at Charlottetown aforesaid this twenty sixth day of May in the year of our Lord, One Thousand Eight Hundred and Sixty Eight.

Signed, sealed and delivered, by the said testator as his last will and
testament in the presence of us present at the same time who in his presence,
at his request and in the presence of each other have subscribed our names as
witnesses hereinto.

Signed, Andrew Halfpenny

Signed, Charles Riley
Richard Reddin

This will was proved on the 21st of January 1869 on the oath of Richard
Reddin, a subscribing witness and on the same day, Probate thereof was
granted to the executor therein recounted

Charles Young
Judge of Probate