The Last Will and Testament of William Lacey of Charlotte Town, 30 November 1843

Liber 4 Folio 172

In the name of God. Amen I William Lacey of Charlotte Town in Prince Edward Island Labourer being sick and weak in body, but of sound mind, memory and understanding do make and publish this as my last Will and Testament in manner and form following that is to say I devise and bequeath all my Town Lot Number Twenty Eight - /28/ in the first hundred of Lots in Charlotte Town with the dwelling house thereon and the appurtenances thereunto belonging and all my Estate of Freehold of Inheritance in the said Lot and premesis unto my beloved brother Piery Lacey of the said town. To Have and to Hold the said Town Lot, dwelling house and hereditaments and premesis to him the said Piery Lacy for and during his natural life and from and immediately after the decease of the said Piery Lacey then I do hereby sine and devise and bequeath the said Town Lot, Dwelling House Hereditaments and premesis and all my Estate of Freehold Inheritance as aforesaid in the said Lot and premesis unto the lawful Heirs of the said Piery Lacey and unto Piery Doyle, son of my sister Margaret Doyle and James Doyle of Lot or Township Number Forty Eight in the said Island, and also unto Matthew Murphy son of my sister Anastasia Murphy and Lawrence Murphy of the South Shore in the said Island To Have and To Hold the said Town Lot, dwelling house, hereditaments and premesis unto the lawful heirs of the said Piery Lacey and unto the said Piery Doyle and Matthew Murphy my nephews and to their Heirs forever as Tenants in Common and not as Joint Tenants, and in case the said Piery Lacey should die without having lawful Heirs him surviving, then and in such case I give, devise and bequeath the whole of the said Town Lot dwelling house and premesis and all my estate therein unto the said Piery Doyle and Matthew Murphy and to their Heirs forever to hold as Tenants in Common and not as joint Tenants - and it is my further will and desire that the foregoing devises and bequests shall be at all times during the natural life of my Mother Catherine Lacey subject to the proviso and reservation following that is to say that the said Piery Lacey and his lawful heirs and the Lawful Heirs said Piery Doyle and Matthew Murphy and their heirs and each and every of them shall in Consideration of the premesis aforesaid suffer, permit and allow the said Catherine Lacey to live with him or them in the said Dwelling House on the said devised Town Lot and permesis for and during her natural life, and in case she should not agree with him or them or his or their families, then I give devise and bequeath unto her the said Catherine Lacey the free and uninterrupted use and enjoyment for herself of two rooms in the back or rear part of the said dwelling House on the said devised Town Lot for and during her natural life free of all house rent - I further give devise and bequeath unto James Reddin and Patrick Gaffney both of the said Town/ both of whom I appoint as Executors of this my last Will and Testament and to their Heirs Fifty acres of land situate on Township number Sixty Seven /67/ in the said Island in which fifty acres of land I have an Estate of Freehold of Inheritances and which I purchased from one Hutty Brown situate contiguous to land in the occupation of O'Hears on one side and Haszlems on the other - To Hold the same unto the said James Reddin and Patrick Gaffney Executors as aforesaid and their Heirs forever Upon Trust and Confidence nevertheless that immediately after my decease they the said James Reddin and Patrick Gaffney as my Executors as aforesaid or the survivor of them shall -?- sell and dispose of the said fifty acres of land and of all and all of my Estate of Freehold of Inheritance therein and the hereditaments, tenements and appurtenances thereunto belonging to the best benefit and advantage and for the most profit they may or can and out of the monies arising from by the sale of the said fifty acres of land, testaments, and hereditaments by me before devised they the said James Reddin and Patrick Gaffney as my executors shall well and truly pay off or cause to be paid off all my just and lawful debts now or hereafter to become due, and thereafter to dispose of the residue of the monies arising by the sale of the said Fifty acres of land, tenements and premesis and remaining in their hands after the payment of all lawful debts in manner and form following, that is to say I give and bequeath unto the Parish Priest of Charlotte Town in the parish of St. Dunstan for the time being, the sum of two pounds currency for his own use and I also give devise and bequeath unto my beloved Brother the said Piery Lacey Blacksmith all the rest, residue and remainder of the monies that shall arise from the sale of the said fifty acres of land and remain and be in the hands of my said Executors after payment of all my just debts and the forgoing. In witness whereby I the said William Lacey to this my last Will and Testament contained on one sheet and a half of paper affixed together, have hereonto set my hand and seal this thirtieth /30th/ day of November in the year of our Lord one thousand Eight hundred and forty three

Signed, Sealed, Published and declared by the said testator as and for his last will and Testament in the presence of Us who in his presence and in the presence

William Lacey

Note: The name Piery may be read as Pierce. Lou tells me it is an Irish way of saying Pierce. Similarily, the word premesis may be read as premises in all cases. See the Lacey lineage at: https://www.islandregister.com/lacey.html