Will of Lt. Col. Peter DesBrisay Stewart b. 1785 Charlottetown, PE, d. 1 Nov 1867
Liber 7 Folio 479
Transcription by Bruce Varcoe
This is the last Will and Testament of me, Peter Desbrisay Stewart of Charlottetown Prince Edward Island British North America Esquire late a Lieutenant Colonel in her Majestys Royal Regiment of Artillery being of sound mind and manner following that is to say whereas I am possessed of or entitled to one twelfth part and one half twelfth or share of and in certain land and property known by the name or names of Kilcummer, Knocknenagh and La herne in the County of Cork in the Kingdom of Ireland, the same being held under lease for lives renewable for ever.
I give and devise, transfer, assign and make over all my Estate, right, title, interest, claim, and demand whatsoever, therein and thereto to my Son in Law Theophilus Desbrisay of Charlottetown aforesaid Esquire and to Thomas Desbrisay also of Charlottetown Esquire Trustees their heirs, executors, and administrators to and for the uses, intents and purposes and under & subject to the powers, provisions, conditions and limitations, herein after expressed and declared of and concerning the same, that is to say. Upon Trust, that the rents issues and profits arising from and issuing out of my said part or share of and in the lands and property aforesaid be paid to my daughter Flora McDonald now the wife of Benjamin Desbrisay of Charlottetown aforesaid Esquire, for her sole use and benefit for and during the term of her natural life and at or upon her decease then, it is my further will that, the said rents, issues and benefits of the said lands and property as aforesaid be paid to my daughter Dorcas wife of the said Theophilus Desbrisay for and during the term of her natural life and that upon her decease then such rents issues and profits as aforesaid shall descend to the eldest or surviving daughter of the said Dorcas Desbrisay, as she by my will or other instrument in writing shall direct and appoint for that purpose for and during the term of her natural life and in succession to the next female heir of the said eldest daughter or other appointee of the said Dorcas Desbrisay in perpetuity failing of such heirs female of the said eldest daughter or other appointee of the said Dorcas Desbrisay then that the said rents and profits as aforesaid shall descend or revert to the next right female heir of my late wife Dorcas Stewart late Phipps* and to her heirs being female in perpetuity and I nominate and appoint the said Theophilus Desbrisay and Thomas Desbrisay, Trustees, as aforesaid, to be also executors of this my last Will and Testament. In witness whereof I have hereunto subscribed my name and affixed my seal, the third day of November in the year of our Lord one thousand eight hundred and sixty six.
Signed sealed published and declared by the said Peter Desbrisay Stewart as and for his last Will and Testament, in the presence of us who in his presence have hereunto subscribed our names as Witnesses. (the word next been previously interlined between the 31st & 32nd lines on the second page of this Sheet.
(signed) P.D. Stewart
(Witnesses Signatures)
This will was proved on the 25th September 1868, on the oath of Theophilus Stewart, a subscribing witness, and on the same day, probate was granted to the executors.
(signed) Charles Young (?)
Judge of Probate
*Note from Bruce Varcoe "In his old age I guess he got mixed up a little. His wifes maiden name was BAKER. Her mother’s maiden name was PHIPPS."