WILL OF GILES HAWKINS OF MURRAY HARBOUR (circa 1770?-1839)

Liber 4 Folio 29

In the Name of God, Amen. I Giles Hawkins of Murray Harbour, Prince Edward Island, Farmer being very weak of body but of perfect mind and memory thanks be given unto God, calling unto mind the mortality of my body and knowing that it is appointed for all men once to die, do make and ordain this my last will and testament, that is to say Principally and first of all, I give and recommend my Soul unto the hands of Almighty God that gave it, and my body I recommend to the earth to be buried in decent Christian burial at the discretion of my Executors nothing doubting but at the general resurrection I shall receive the same again by the mighty power of God, and as touching such worldly Estate wherewith it hath pleased Almighty God to bless me in this life I give, demise and dispose of the same in the following manner and form.

First, I give and bequeath to my Son Matthias the Western Sixty Acres of my farm with all buildings and improvements thereon and the use of half the barn and Stables for Seven years except he gets such conveniences on his own part before / to the sole use and benefit of him his heirs or Assigns forever, together with one half of my live Stock to be divided equally between my two Daughters Elizabeth and Susanna except the horses which are Elizabeth's also I give unto Matthias a right of a cart road across the Eastern Sixty Acres of my land to the swamp and half the mud manure that may be obtained therefrom also a right to a cart road from the low part of the shore at the brook either up the front on the bank to his own part of the farm or wherever such line of road may be deemed most convenient and necessary for the mutual benefit of him and either of my children or their Heirs that may occupy the Eastern part of my farm to the Dwelling House.

Next, I give unto my Daughter Elizabeth for the term of Seven years after my decease the Eastern sixty Acres of my Land with half the barn and Stables my Dwelling House and the other improvements thereon to her sole use and benefit by paying during the above period five pounds each to my Daughters Margaret and Susanna and afterwards during her lifetime to have the Western End of the dwelling house with the Orchard and Garden but in case of her death before the termination of the above said period the land, houses, etc. to be occupied and enjoyed by any of my children during her period therein at or according to her Will also the farming tools utensils and conveniences to be for the mutual use and benefit of Matthias & Elizabeth during the said seven years and afterwards to belong solely to Matthias and at the end of the above said seven years the Eastern Sixty Acres of my land with all improvements thereon (Elizabeth's part as above excepted) to become the property of my Son John by him paying within the space of five years from his first occupying it the Sum of five pounds to each of my Sons Giles and James and also by paying five pounds each and every year to my Daughter Elizabeth during her life time, but in case of her death within the period of ten years from the date of his first right to said land he shall continue to pay the said five pounds yearly unto any of my children or grandchildren to whom she may will it during the above said ten years and after that to be his own free property but in case of his Johns Death before the end of the said seven years after my decease then I give unto my Son Matthias Ten Acres of land more next adjoining to his other Sixty Acres with the exception of the Well or any Buildings such line might take in and also thirty six feet of land clear on the North, West, and South of any such buildings or Well by paying to my Son Giles the above five pounds that John was bound to pay if he enjoyed it, and the other Eastern fifty Acres of my land I give unto my Son James by his giving unto my Daughter Elizabeth the same amount yearly for the same period and subject to the same conditions as John by this Instrument bound to do and fulfil it with respect to her and also to pay to the surviving children of my Son John if any The sum of Twenty Pounds by yearly Installments of two pounds each to be laid out for them in clothing or what they may most need at the discretion of any two of my surviving children but if James should not think proper to embrace this Offer and fulfil these conditions it then lies open for either of my other children that will do and perform the same and also if John or James or any other of my children that do or may accept to occupy the said land and tenements according to the above arrangements and afterwards wish to sell or dispose of the same, they are hereby bound to give the first offer of it to any of my children that might be disposed to buy it with reasonable time to pay the amount by Installments not exceeding Eight pounds per annum.

Next I give unto my Son William my family Bible and lastly all my household furniture to be divided equally between my three Daughters in witness whereof I have hereunto set my hand and Seal this tenth day of July One thousand Eight hundred and thirty eight, Signed Sealed, published, pronounced and declared by the said Giles Hawkins as his last Will and Testament in his presence and in the presence of each other who have hereunto subscribed our Names

Signed James Richards William M. Hawkins Mary Le Mesourier

Giles Hawkins - Seal

Registered the 8th July 1839 on the Oath of Wm. M. Hawkins a subscribing Witness

T. W. Hodgson
Judge of Probate

NOTES: 1. Another son Charles Augustus presumably died young. Daughter Elizabeth never married. Margaret married Bartholomew LeLacheur and Susanna married William Howe.

2. Although it is written at the end of the will that the names of the Executors are underlined, there are no names underlined in the document.