Provided by J. D. Small and transcribed by Sheila Yeo of the Yeo Society. Used with permission.
Liber 7 Folio 464
Will of James Yeo, late of Port Hill, Prince Edward Island - Proved 1874
(James died on the 25th August, 1868) Estate Valued at under £16,000
In the Court of Probate of and for Prince Edward Island, 32nd Victoria A.D. 1869 In the Estate of the Honorable James Yeo late of Port Hill in the said Island, Merchant, deceased Be it known that upon search being made in the Registry of the said Court of Probate of and for the said Island it plainly appears that on the second day of September in the year of our Lord, 1868 the last Will and Testament of the said James Yeo, deceased who died at Port Hill aforesaid in the same year was proved by John Ings esquire one of the executors therein named Power being reserved to grant Letters and Testamentary thereof to the other three Exectors therein named or any of them. When requires and which were subsequently granted to Captain William Richards and James Yeo Esquire two of the other executors therein named to wit on the 18th day of September last past and on the 23rd day of December last past respectively and which said Probate now remains of … in the said Registry of the time…
In the name of God Amen I the Honorable James Yeo of Port Hill in Prince County, Prince Edward Island, Merchant being of sound and disposing mind, memory and understanding considering the uncertainty of human life do make and publish this my last will and testament in manner and form following that is to say……..
In the first place I give and bequeath to my daughter Mary Jane Ings, wife of John Ings of Charlottetown, Printer, the sum of £2,000 Island currency which I hereby direct my executors hereinafter named to place in the hands of my son, William Yeo of Appledore in the County of Devon, England, Merchant and Banker to be kept on interest until her son George Arthur Ings shall attain the age of twenty one years then to be equally divided among all her children share and share alike or such of them as shall then be living, but Mary Jane is to draw the interest thereof in the meantime yearly.
Item:- I give and bequeath to my daughter Susan Richards, wife of Captain William Richards the sum of £1,200 Island currency which I direct my said executors to place in the hands of my son William Yeo of Appledore, aforesaid to be kept on interest until her daughter Isabella Margaret Richards shall attain the age of twenty one years then to be equally divided among her children, share and share alike or such of them as shall then be living but Susan is to draw the interest thereof yearly in the meantime.
Item:- I give and bequeath on to my daughter Isabella Saunders, wife of Joseph R Saunders of Gloucester, England, Merchant the sum of £2,000 Island Currency to be placed in the hands of my son William Yeo of Appledore aforesaid for her use and that of her children and to be equally divided among the children share and share alike as soon as the third child shall attain the age of twenty one years but Isabella is to draw the interest thereof yearly in the meantime.
Item:- I give and bequeath to my sons John Yeo and James Yeo and the survivor of them and the heirs executors and administrators of such survivor an annuity or yearly sum of £100 Island Currency. In trust for the sole and personal use benefit and disposal of my daughter, Caroline Alice Horkin, wife of Daniel Horkin so that the said annuity may be entirely free from and beyond the reach or control of her said husband and of any future husband and not subject or liable to the payment of any of his debts or engagements and the receipt or receipts..writing of my said daughter,Caroline Alice alone shall be a good and sufficient discharge of the said trustees or the survivor of them or their heirs, executors and administrators of such survivor for all or any payments made by them or any of them on account of such annuity as aforesaid and I hereby charge my estate situate on lot or township Number 13 in the said Island with the payment of the said annuity and after the decease of my said daughter Caroline Alice my will is that the said annuity or yearly sum of £100 to be equally divided among all her brothers and sisters.
Item:- I give and bequeath to my son William Yeo of Appledore aforesaid the sum of £100 British sterling considering him already well and sufficiently provided for.
Item:- I give and devise to my son James Yeo all the farms he now holds situate on lot or township No 13 to hold the same to him the said James Yeo his heirs and assigns for ever.
Item:- I give and bequeath to my son John Yeo the sum of £100 sterling only not from any want of affection for him but because I consider him already well and sufficiently provided for.
Item:- I give and devise to my Grandson, James Richards, son of Captain William Richards the freehold farm at Wilmot Creek Township, Number 25 comprising 117 acres now in possession of Richard Bowness to hold the same to him the said James Richards his heirs and assigns for ever.
Item:- I give and devise to my Grandson John Richards and his heirs for ever the farm or township Number 13 that was formerly Michael Ramsay's comprising 100 acres more or less.
Item:- I give and bequeath to my Grandson, Walter Ings the farm on lot or township Numer 13 now in possession of William Gorrell comprising 100 acres to hold to him the said Walter Ings and his heirs for ever.
Item:- I give and devise to my grandson George Arthur Ings the farm on lot 13 now in possession of Henry Wickett comprising 62 and half acres more or less to hold to him the said George Arthur Ings and his heirs for ever.
Item:- I give and devise to my Grandson William Frederick Ings the farm on lot 13 which was formerly Thomas Gards and now in possession of Donald Ramsay comprising 100 acres and upwards to hold to the said William Frederick Ings and his heirs for ever.
Item:- I give and devise to my granddaughter Isabella Margaret Richards the farm on lot 13 now in possession of William Wicketts comprising of 150 acres to hold to her or her heirs for ever.
Item:- I give to my son in law Captain William Richards the freehold of the farm on the south side of Grants Road adjoining Grants River comprising of 100 acres on lot 13 to hold to him, his heirs and assigns for ever.
Item:- I give and devise to my son in law John Ings the freehold of the farm on lot 13 now in possession of William Bagloe comprising 112 acres to hold to him and his heirs for ever.
Item:- I give and devise to my granddaughter Constance Damaris Ings the farm on lot 13 in possession of Alexander Ramsay comprising or supposed to contain 75 acres be the same more or less to hold to her and her heirs for ever.
Item:- I give and devise to my Grandson, Albert Ernest Ings the farm on Lot 13 in possession of Donald Ramsay, Maple Hill, comprising 81 acres more or less to hold to him and his heirs for ever.
Item:- I give and devise to my granddaughter Louisa Broad the farm on Lot 13 now in possession of James McAustant comprising 72 acres to hold to her and her heirs for ever.
Item:- I give and devise my four granddaughters, Louisa Broad last named, Mary Jane Broad, Damaris Broad and Isabella Broad all daughters of my daughter Ann Green the sum of £100 currency each which I direct my executors to pay to them on their attaining the age of 21 years.
Item:- I give and bequeath to my six grandchildren the children of my daughter, Isabella Saunders the sum of £50 sterling each.
Item:- I give and devise to my grandson Charles Sergant Yeo the farm on lot 13 now in possession of James Gorman comprising 100 acres to hold to him the said Charles Sergant Yeo and his heirs for ever.
Item:- I give and devise to my grandson Herbert Yeo the farm in possession of Dinah Williams on lot 13 comprising 81 acres to hold to him and his heirs for ever.
Item:- I give and devise to my grandson John Edmund Yeo the farm on lot 13 now in possession of Allan Mc Lean comprising 100 acres to hold to him and his heirs for ever.
Item:- I give and devise to my grandson William Arthur Yeo the farm on lot 13 now in possession of Thomas Sullivan to hold to him and his heirs for ever.
Item:- I give, devise and bequeath all the rest residue and remainder of my property of every description whatsoever of which I shall be possessed at the time of my decease or over which I shall have a disposing or controlling power howsoever or wheresoever situated real or personal consisting of lands and townships money in the funds stock in trade ships and vessels timber securities for moneys and debts of every description whatsoever unto my children, Susan Richards, Mary Jane Ings, Isabella Saunders, John Yeo and James Yeo to be equally divided share and share alike.
And lastly I do hereby nominate constitute and appoint Captain William Richards, John Ings, John Yeo and James Yeo my executors of this my last will and testament. I the said James Yeo hereby revoking, annulling and making void all former and other wills or will or other testamentary dispositions by me at any time or times heretoafore made or executed and to declare these presents only to contain my last will and testament. In witness whereof I the said James Yeo have to this my last will and testament set my hand and affixed my seal this 14th day of July, 1868.
Signed James Yeo
On the 3rd March, 1874 admon with the will annexed of the personal estate of the Honorable James Yeo late of Port Hill, PEI, Merchant deceased who died 25th August 1868 at Port Hill aforesaid was granted to John Brounker Ingle the lawful attorney of William Richards, John Ings and John Yeo the son for their use and benefit and also for the use and benefit of James Yeo, the son also the Executors names in the said will all of whom now reside at Prince Edward Island aforesaid and until they collectively, the said William Richards, John Ings and John Yeo jointly or the said James Yeo solely shall duly apply for and obtain probate of the said Will to be granted to them or him, he the said John Brounker Ingle having been first sworn.