Will of Jacob Dockendorff (1801-1888, Lot 32)

Liber 12 Folio 176

This is the last Will and Testament of Me Jacob Dockendorff of York River, Township number thirty two in Queens County in Prince Edward Island Farmer. I give devise and bequeath all my Real and personal Estate unto my two Sons James A. and Charles, their heirs Executors administrators and assigns to and for their absolute use and benefit in the following shares and proportions - but subject nevertheless to the several legacies hereinafter mentioned namely: -

I give to my wife Elizabeth the sum of Eighty Dollars per annum, payable quarterly from the time of my decease, and in equal moieties or proportions by my said sons James A. and Charles out of the properties and shares hereinafter devised and bequeathed to them respectively, should she choose to live apart from my said sons: - but if she shall live and reside with either of them and be supported by him, the same shall be considered in lieu of and as the equivalent of the Forty Dollars per annum hereby chargeable against him, and the other Son and his Share will be chargeable with the sum of Forty Dollars per annum for her benefit and support:

I give to my daughter Elizabeth Lucretia, wife of Richard Burdett, the sum of One Hundred Dollars: to my daughter Jane Catherine (MacPhee), one hundred Dollars; to my daughter Margaret Ann, wife of Clement G. White, the sum of One hundred Dollars; each of the three last named bequests to be paid within Twelve months after my decease.

I give to my son Walter Havelock, if and when he shall attain the age of Twenty five years, the sum of Fifteen hundred Dollars payable by my said sons Charles and James A. in equal shares out of my said Estates devised to them; but should my Executors be of opinion that my said son Walter Havelock, on his attaining the age of Twenty five years is incapable of managing his own affairs through weakness of intellect or unsoundness of mind, then it is my Will that my two sons James A. and Charles shall pay the interest of the said sum [?] of Fifteen hundred Dollars at the rate of six per centum per annum, annually for his maintenance and support should he reside apart from either of them; but should Walter Havelock reside with and be supported by either of my said sons James A. or Charles, then the brother with whom he may reside and be supported by, shall not be chargeable with or required to pay any interest on the above sum of Fifteen hundred Dollars, but the other brother shall pay one half the interest on the said sum at the aforesaid rate.

And subject to the aforesaid bequests I give to my said sons James A. and Charles all my real and personal Estate, as aforesaid, in the proportion and manner following

To my son Charles Dockendorff that part of the homestead Farm with all houses and buildings thereon with the appurtenances - comprising and bounded as follows: that is to say - All the land between the North River Road and on the East side of the same and York or North River, with a sufficient width on the North River Road on the West side adjoining Benjamin Dockendorff's property, making and including on the East and West side of North River Road an area of One hundred acres, also the strip of land covered with wood on the North side of the Ferry Road at the Rear of the Farms of late Clement G. White, late Joseph MacKenzie, Hugh Mac Ewens and D'd Mac Donalds farms, containing about Four acres of land a little more or less.

To my son James Artemas I give the remaining portion of the Homestead farm lying and being between the North River Road on the West side and the rear line being Enoch Drake's East Line together with the land situate between the said homestead property and the Ferry Road being the land purchased by me from the late Clement White containing One hundred and four acres a little more or less. My desire is to have the land divided as equally as possible between my said sons James A. and Charles to be surveyed when required by them by John Ball, Land Surveyor.

And it is my will that a suitable Dwelling house and barn shall be built on the portion given by me to James A. the expense and cost thereof to be borne by my sons James A. and Charles in equal proportions - and not to exceed Thirteen hundred Dollars.

And I appoint Francis Bain of North River Lot 32 and George Scott of Tryon Road Lot No. 32 the Executors of this my Will, hereby revoking all other testamentary writings. In witness whereof I have hereunto set my hand and seal this 13th day of March Anno Domini 1878.

(Signed) Jacob Dockendorff

Signed by the said Testator Jacob Dockendorff as and for his last Will and Testament in the presence of us, present at the same time, who at his request, in his sight and presence and in the presence of each other have subscribed our Names as attesting witnesses -

(Signed) John Ball
        John Robertson

This will was proved on the 23d December 1888 on the oath of John Ball, a subscribing witness as certified by Charles [?] Irving [?], Judge of Probate