The Last Will and Testament of George Axworthy (1793-1869, Lot 24)

Liber 8 Folio 57

This my last will and Testament of me George Axworthy Of Wheatley River Ship Corker and farmer at present up in years but of sound disposing mind memory and understanding. Whereas I am seized and possessed of one hundred acres of land on the North side of Wheatly River on which I reside and also one hundred acres on the south side of said river both farms being in Township number Twenty four and I am also seized and possessed of certain real estate in Charlottetown in this Island and also possessed of certain personal property- now my will is and I do hereby give devise and bequeath unto my grandson Thomas Axworthy and George Axworthy sons of my deceased son George Axworthy the said one hundred acres on which I reside situate on the North side of Wheatly River aforesaid to be equally divided between them by a line extending from the shore to the rear Thomas to have the half namely fifty acres next Morris Gallant’s farm and George to have the east half namely fifty acres next the farm John Duncan to hold the said west half or fifty acres to the said Thomas his heirs and assigns forever, subject to the reservations hereinafter mentioned and to hold the said east half to the said George Axworthy his heirs and assigns forever subject to the reservations and conditions hereinafter mentioned and I do hereby give devise and bequeath unto my grandsons William and Christopher Axworthy the said farm on the south side of the said Wheatly River in equal shares and makes one half each equally divided by a line from the shore to the rear William to have the west half or fifty acres next Morris Gallant’s farm and Christopher to have the east half or fifty acres next Peter Gallant’s farm to hold the said west half or fifty acres with the appurtenances to the said William Axworthy his heirs and assigns forever subject to the conditions and reservations hereinafter mentioned and to hold the said east half or fifty acres with the appurtenances to the said Christopher Axworthy his heirs and assigns forever subject to the conditions and reservations hereinafter mentioned. And I do hereby give devise and bequeath to my grand-daughter Honor Axworthy daughter of my said deceased son George at present an infant aged about eight years, all my real estate and property situate in Charlottetown aforesaid together with the rent issues and profit thereof. To hold to her and her heirs and assigns for ever, but it is my will and pleasure that until my said granddaughter shall attain the age of twenty one years or shall sooner marry with the consent of my Executors and Trustees herein after named. They my said Trustees and Executors shall have the sole control possession and power over my said property situate in Charlottetown aforesaid and shall receive the rents and profits thereof and shall have power to give yearly and other leases thereof the said rents and profits to be paid and expended to and for the benefit, maintenance support and education of my said granddaughter as shall be best for her interest. And my will is and I do give and devise to my dear wife Honor Axworthy in case she survives me a comfortable maintenance and support out of all my property so long as she lives and a suitable burial after her decease. The maintenance to include medical and other assistance and all other necessaries according to her station and condition on life she is residing on any part of my property and with whom she pleases and that whomsoever she may reside all the devises as aforesaid shall contribute rateably to her maintenance and support. And I do hereby charge all my said estate lands and tenements with her said maintenance and support and in case my said dear wife shall not be satisfied with the mode in which she is maintained and supported at any time she shall thereinafter be allowed and paid by my said devises a suitable annuity to be paid out yearly in lieu of her maintenance the amount to be estimated and fixed by my Executors and Trustees hereinafter named who shall also determine the rateable share of such annuity that is to be paid by each of the said devices hereinafter mentioned who shall pay the same accordingly by hand. I do hereby charge the estate of cash devices with the payment of their share of the said annuity and any devises that shall be in default of payment for three months after notice thereof shall forfeit all Estate and benefit bequested to such defaulter under this my will and his or her said estate shall be equally divided against my other devices share and share alike. And I do further will that Elizabeth Axworthy widow of my said deceased son George shall have her maintenance and support off the farm on the south side of the said Wheatly River bequeathed to my said grandsons William and Christopher and I charge the said last mentioned farm with her support and maintenance the same to be in all respects equal to the support and maintenance heris after bequeathed to my said dear wife and in case of disagreement in the mode thereof then the same is to be computed into a precautionary annuity by ny Trustees and Executors in the same manner as is hereinbefore mentioned regarding my said dear wife’s annuity – and in regard to my personal property of which I shall die possessed consisting of farming stock and utensils on both my said farms and all other moveables, monies and debts. I do give and bequeath the same after payment of all my just debts and funeral expenses as follows namely all the stock, utensils and moveables on and belonging to the said farm on the north side of the said Wheatly River I give and bequeath to my said grandsons Thomas and George Axworthy in equal shares to be equally divided between them and all the stock utensils and moveables on or belonging to the said farm on the south side of the said Wheatly River I give and bequeath to my said grandsons William and Christopher Axworthy share and share alike to be equally divided between them and whatsoever monies in hand and debts due to me I shall receive, I give and bequeath the same subject to my debts as aforesaid to my dear wife and in case she does not survive me I bequeath the same to my said grandsons in equal shares and I do nominate and appoint my former once neighbour John Duncan and Andrew? Trustees and Executors to this my last will and testament. And I do hereby give and bequeath unto my daughter Levenia, wife of Martin Fogarty one shilling sterling.

In witness whereof I have hereunto set my hand and seal on this nineteenth day of August One Thousand eight hundred and sixty seven.

Signed sealed and published by the Said testator George Axworthy as And for his last will and testament In our presence who is in presence Of the said testator and of one Another have subscribed our names At his request.

George Axworthy

Sgn.
M. McLeod
A H Cameron

This will was found on the 15^th May 1869, on the oath of Malcolm McLeod a subscribing witness and Charles Young, Judge of Probate

Charles Young