Last Will and Testament of John Costin Sr. (1760 - 1843, Lot 49)

Second draft transcription of the Last Will and Testament of John Costin, Sr.

In the name of God, Amen. I John Costin Senior, now of Charlotte Town in Queen's County in Prince Edward Island,/ being sick and weak in body, but of sound mind, memory and/ understanding, do make and publish this my last will and/ testament in manner and form following, that is to say; First/ of all it is my will and desire, that (as soon after my death as possibly convenient) my executors, hereinafter named, shall collect in/ all debts of every description which are now or may hereafter be/ due and owing to me in every respect whatever and to dispose of any/ of my goods and chattels that I may not devise or bequeath by/ this will, and that as soon thereafter as they may think fit, to pay/ out of such monies to be collected in by them as aforesaid, all equitable and lawful debts which I now owe, or may hereafter owe by/ book account or otherwise; and thereafter to distribute the residue/ of the monies remaining with them in the manner, hereinafter mentioned:

Secondly, I give devise and bequeath unto my/ son John Costin Junior of the said town Merchant, the sum of/ Fifty pounds current money of the said Island in consideration of/ natural love and affection and in satisfaction of all debts dues and/ demands whatsoever which he has against me.

Also I give and bequeath unto my son William COSTIN the sum of forty pounds of/ like current money, in consideration of natural love and affection/ and in satisfaction of any demand he may have against me. /

Also I give and bequeath unto my son Michael COSTIN all my/ goods and chattels, which I left on the farm when I sold him it/ last summer, and which are in his possession including a young/ horse; the estimated value of all which said goods and chattels/ amounts to about Twenty Five pounds, the same to be to him/ in consideration of natural love and affection; notwithstanding/ which he is to pay my executors the amount of the Warrant of/ Attorney which I hold of him with the interest thereon when/ the same shall become due to me or my executors, and also the amount/ of a book account amounting to about Twenty pounds which he/ now owes me.

Also I give and bequeath to my beloved Daughter/ Eleanor Doyle, otherwise Eleanor Costin the sum of Twenty five/ pounds of like current money for her own special use and her own/ disposal, so as that her husband shall not have the least control/ over the same.

Also I give and bequeath to my beloved Daughter/ Bridget Little, otherwise Bridget Costin, the sum of Twenty/ five pounds of like current money for her own special use/ and her own disposal, so as that her husband shall not have the/ least control over the same.

Also I give and bequeath unto my/ beloved Daughter Mary Fitzpatrick, otherwise Mary Costin,/ the sum of Twenty five pounds of like current money for her own/ special use and her own disposal so as that her husband shall/ not have the least control over the same:

Also I give and bequeath/ unto my beloved Daughter Ann Jones, otherwise Ann Costin, the/ sum of Twenty five Pounds of like current money for her own special use and her disposal, so as that her husband shall not have the/ least control over the same:

Also I give and bequeath unto my beloved Daughter Elizabeth Murphy, otherwise Elizabeth Costin/ the sum of Twenty five pounds of like current money for her own/ special use and her own disposal.

Also I give and bequeath to/ my beloved Daughter Catherine Hawkins, otherwise Catherine/ Costin, the sum of Twenty Five pounds of like current money for/ her own special use and her own disposal, so as that her husband/ shall not have the least control over the same.

All which/ legacies are to be paid unto them my said sons and daughters above/ named respectively, so soon as one year after my decease shall be expired. Also I do hereby forgive unto James Costin one other of my sons/ the sum of Eighty Six pounds being part of a debt of one hundred eighty/ six pounds which he now owes unto me.

.Also I do hereby forgive unto/ William Costin, my said son the sum of one hundred pounds being/ part of a debt of one hundred sixty eight pounds [?] which he now owes/ unto me.

Also I give and bequeath unto the Reverend Malachias Reynolds/ or to the parish Priest, that may be in and over this parish (of St. Dunstans)/ at the time of my decease, the sum of Twenty Pounds (as already promised/ by me) towards aiding the erection and building of a new Catholic/ Church in Charlotte Town, which said sum of money is to be held/ in trust by the Parish Priest aforesaid for the purpose aforesaid./ Also I give and bequeath unto the Parish Priest of the said parish/ of Saint Dunstan the sum of Five Pounds for his own special use and/ benefit. Also I give and bequeath to the Reverend James Brady the/ sum of Five Pounds for his own use and benefit. Also I give and bequeath/ unto the Reverend Pierre Vincent of Nova Scotia the sum of Five/ Pounds for his own special use and benefit.

And I also give and/ bequeath unto Donald MacDonald Esquire of the said Town as one/ of my executors hereinafter named the sum of Three Pounds currency, / as such Executor, being in full as remuneration for the trouble/ he may be put to in and about the administration of the affairs/ of my estate as one of the Executors thereof in case he shall take on/ himself such office, and it is my will and intention that he shall/ not, as Executor as aforesaid have, take, adept or enjoy any part or portion of the residue or undevised surplus of my goods chattels or effects of/ my said estate, if any there shall happen to be after the debts and legacies/ aforesaid shall have been paid and discharged. And I do hereby constitute/ and appoint him the said Donald MacDonald my executor and also/ my eldest grandson John Little Esquire my acting executor of this my/ last Will and Testament, and of my said personal estate./

Signed sealed published and declared/
by the said Testator as and for his last/
will and testament in our presence,/ s/ in Costin Senior
who at his request in his presence and/
in the presence of each other have sub/scribed'
our names as witnesses thereto.'

John McCarthy in Little J McDonald James McDonald

Copied 1/26/2001 by Edward Fitzgerald - [email protected]

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Codicil to Last Will and Testament
Jon Costin
Lot 49 PEI, Canada
18 February 1843

I the within named John Costin Senior do hereby substitute and add/ this as a codicil to this my last will and testament herein written and/ it is my further will and desire that the following persons do/ receive the following legacies, namely;

I further give and bequeath unto/ John Costin Junior the sum of Forty pounds of like lawful [Note:the word "lawful" is inserted with a carat] current money.

I give and bequeath unto John Little (Note: Son of Brigit Costin and Cornelius Little) my grandson the sum of/ Twenty Pounds of like current money for the natural love and affection which I have for him.

I give and bequeath unto Philip Little the sum of Ten pounds of like current money for the natural/ love and affection I have towards him my grandson.

I give and/ bequeath unto John Costin, son of William Costin, within named/ the sum of Ten Pounds of like current money for natural love/ and affection.

I give and bequeath unto James MacCarthy, (Note: Son of Eleanor Costin and John MaCarthy) my/ grandson the sum of Five Pounds of like current money for/ natural love and affection. I give and bequeath to my grandson/ John MacCarthy the sum of Ten Pounds, which amount/ he has already received from me for natural love and affection.

I give and bequeath to the Reverend Malachias Reynolds the/ further sum of Five pounds. I give and allow to my executors/ within named (and whom I again appoint as executors to this/ my Codicil) the sum of Twenty pounds to defray the expenses of/ my funeral and other incidental expenses connected therewith./ I give and bequeath unto the Right Reverend Bernard Donald/ MacDonald Bishop of Charlottetown the sum of Forty Five/ pounds in trust to be distributed by him or his successor in office/ to the most deserving poor of this Parish of St. Dunstan, The said/ foregoing legacies to be paid out of the goods chattels and effects/ of my estate.

In Witness whereof I have hereunto set my hand/ and seal this Eighteenth day of February in the year of our Lord/ one thousand eight-hundred and forty three.

Signed sealed published and declared/
by the said testator in our presence; and at his,
John Costin Senior request
and in the presence of each other/
we have hereto set our names/,

John McDonald
James MacDonald

The aforegoing Will & Codicil proved/ on the [death?] of James McDonald [ ] subscribing Witness 31 May 1843 and probate thereof granted to John Little Esquire one of the executors of the [above?] date/ the other Executor Donald Macdonald Esquire being deceased, inventory to be rendered in 9 months. [Signature illegible]

Source:

Public Archives of Prince Edward Island (Record Group 6.2, Series 1
Probate Records, 1807-1900, v.4, p.149+)

(Notes: Were entered by submitter) Feb 2, 2001
Submitted by Edward Fitzgerald – [email protected].

Emphasis and division of will is clerical for ease of reading

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John Costin was buried at St. Joachim's R. C. Church, Vernon River, P.E.I., Lot 349, Cemetery No. 4. Michael Costin was unable to keep the property in Lot 49 due to the cost of paying off the will of John Costin. The property was sold and he moved to Lot 2.