Confirmation of the Will of the Late John McLeod the Elder (-1836, New London)

PEI Archives RG 16 Land Conveyances 1767-1872 vol. 43 p. 466-469

Mary McLeod (Widow) & others to each other. Confirmation of Will of the Late John McLeod Registered the 21^st February 1837 at 11AM on the certificate …..(Illegible)

To all to whom these presents shall come We the Widow and legal representatives of John McLeod the Elder late of New London in Lot or Township number twenty one /21/ in Prince Edward Island Farmer deceased whose names and Seals are herewith subscribed and affixed Send Greeting. Whereas the said late John MacLeod hath made and published his last Will and Testament bearing date the Eleventh day of April in the Year of Our Lord One thousand eight hundred and thirty one of which the following is a Copy, that is to say In the Name of God, Amen, I John McLeod the Elder of New London in Lot or Township No. 21 in Prince Edward Island, being sound in mind and memory, thanks to Almighty God, and knowing that it is appointed for all men once to die I 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 into the hand 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 Almighty power of God, and as touching such Worldly Estate wherewith it hath pleased God to bless me within this life I give devise and dispose of the same in the following manner and form. First, I give and bequeath to my two Eldest Sons Hugh and Donald McLeod that piece of land upon the North West side of the Brook adjoining my Brother Kenneth McLeod’s farm, which I desire to be equally divided betwixt them and also that they will keep up a lawful fence as it presently stands, and in the event that they fail in keeping up said fence, the said piece or portion of land is to fall into the hands of my Sons Andrew and John McLeod, then to be enjoyed by them and their Heirs forever. Secondly I give and bequeath the remainder of my land to my Sons Andrew and John McLeod to be equally divided betwixt them in such a manner as may suit both, and likewise I give and bequeath to my said Sons Andrew and John McLeod the whole of my labouring utensils consisting of Carts Ploughs, Harrows and all and every other labouring utensil that belongs to the Farm, and further I give and bequeath to my said Sons Andrew and John McLeod, all my stock of Cattle Sheep and Horses, excepting two Cows, two Calves and Six Sheep which I leave and bequeath to my Grand child Mary McLeod. And if it should please Almighty God that I shall be called out of this world before Mary my dearly beloved Wife, I desire that she shall live with my Sons Andrew and John, or either of them that she may think proper and that my said sons Andrew and John Mcleod shall support my said Wife Mary in a decent and becoming manner both in Bed and Board and to furnish her with all the necessaries that she may require during her life time reserving to me during my lifetime to revoke and annul any part or parts of this my Will and Testament notwithstanding anything to the contrary. And further I do hereby nominate and appoint my said sons Andrew and John McLeod Sole Executors of this my last Will and Testament hereby revoking and making void all and every Will or Wills at any time heretofore by me made and do declare this to be my last Will and Testament. In Witness whereof I the said John McLeod have hereto set my Hand and Seal this Eleventh day of April in the year of our Lord, One thousand eight hundred and thirty one.

And whereas the said Will as far as it relates to the devise or disposition of Real Estate is deemed insufficient for passing.such Estate not having the requisite number of Witnesses to the execution thereof as required by Law for that purpose and it being the particular desire and determination of the parties hereto that the said recited Will notwithstanding any insufficiency or irregularity whatsoever either in form or substance should in all respect take effect and stand as firm and valid to all intents and purposes both at Law and in Equity as if the same had been litigated in those Courts and therein by Sentence or Judgment of the same finally and solemnly adjudicated upon and determined to be so firm good and valid according to the true intent and meaning of the Testator as plainly expressed and set forth in the said Will and to prevent all possibility of expense or trouble being occasioned to each other by any of the parties to these presents or their Assigns in consequence of disputes hereafter arising in respect of the validity of the said Will and in order that the same may be carried into effect precisely in accordance with the plain and obvious meaning and intention of the Testator the Parties hereto have mutually agreed to execute these presents and to have the same duly registered and finally left in the Custody of the Executors in the said Will named. Now know ye that we the parties executing these presents as aforesaid in order to carry our said recited Agreement into full effect and for the reasons hereinbefore stated as thereunto specially moving do hereby for Ourselves severally and respectively and for our several and respective Heirs Executors and Administrators covenant promise declare and agree with and to each other and with and to each of Our Heirs Executors and Administrators that neither we nor any of our Heirs Executors Administrators or Assigns shall or will at any time or times hereafter by any ways or means whatsoever sue or prosecute each other or any of Our Heirs Executors Administrators or Assigns either at Law or in Equity for any matter or thing done or to be done in pursuance of the said Will or in accordance with the apparent intention of the Testator as therein expressed or commence any action or suit to impeach the same or to defeat affect or vary any devise or bequest therein contained or any grant of any such devise or bequest but that we and each of us do by these presents and that each of Our Heirs Executors Administrators and Assigns shall and will forever hereafter ratify confirm allow maintain uphold and support the said Will so that it may have and take full effect and be construed for all purposes according to the true intent of the Testator and the plain and obvious meaning of the words thereof as used by him the same to be taken in their ordinary acceptation any want if form or substance in the said Will or in or about the execution or attestation thereof or otherwise as required by Common or Statute Law or by any decisions in Courts of Law or Equity respecting Wills to the contrary notwithstanding. In Witness whereof We have hereunto set our Hands and Seals this Eighth day of August in the Year of Our Lord One thousand eight hundred and thirty six.

Signed Sealed and Delivered the presence of	Her Mary Mc X Leod Widow mark and seal	Her Isabella X McKenzie mark and seal
Jas. Pidgeon	Hugh McLeod	Benjamin McKenzie
Angus MacLeod	Donald McLeod	Her Christy X McKay mark and seal
	Andrew McLeod	Her Jane X Bernard mark and seal
	John McLeod	James Bernard

Be it remembered that in the eighth day of August in the Year of Our Lord one thousand eight hundred and thirty six Isabella MacKenzie Wife of Benjamin M Kenzie whose names are subscribed to the aforegoing Instrument and Jane Barnard Wife of James Barnard whose names are also subscribed to the aforegoing Instrument personally appeared before me James Campbell Esquire One of His Majestys Justices of the Peace for Queens County and being by me solely and separately examined apart from their said Husbands did acknowledge that the within Instrument or Deed was by them respectively duly signed, sealed and delivered as and for their respective free and voluntary Acts and Deeds and that they each executed the same without the compulsion or force of their said Husbands and at the time of the execution thereof they each knew the same to be intended as an Instrument to support and make valid and binding in all parties interested the last Will and Testament of their Father John McLeod deceased whose Daughters they are—free and clear of all Estate right title Interest Claim and Demand of them the said Isabella M Kenzie and Jane Bernard or either of them in and to the real Estate of their said Father John McLeod in any respect whatsoever.

James Campbell J. P.

On the ninth day of September 1836 personally appeared before me James Pidgeon of New London in Queens County Angus McLeod and being sworn testified that he is a subscribing Witness to the within written Deed of Covenant and Confirmation and that he was present and did see the same duly Executed by the parties therein named.

Jas. Pidgeon
Commissioner

See: The Last Will and Testament of John McLeod Sr., (1761-1836, New London)