Provincial Archives of New Brunswick, RS63, Charlotte County Probate, Film F11590
This is the will of Hugh MacKay of Bonny River, St. George Parish, Charlotte County. The will is dated July 5, 1844. He died on Jan. 28, 1848.
[Note that the microfilm of the first page is missing a line or so at the top.]
…MacKay of the Parish of Saint George in the County of Charlotte and Province of New Brunswick, Esquire. In the first place I give and bequeath all and singular the household furniture, Cattle, horses, stock, farming utensils, money, Bonds bills Notes or other securities for money, also all my stock or shares in the Charlotte County Bank and also all and singular any and every other personal property goods chattels and effects whatsoever which I may be possessed of at the time of my decease unto my affectionate Nephew Hugh Matheson and to his own proper and absolute use benefit and disposal, with the following exceptions that is to say, I give and bequeath unto Isabella Robinson the choice of two cows and six sheep on my farm hereinafter mentioned in consideration of her faithful services to me during a period of many years.
Further, I give and devise unto my said Nephew Hugh Matheson and unto his heirs and assigns forever all that farm, or Homestead so called, situate on the West side of the River Magadavic in the Parish of Saint George aforesaid containing six hundred and fifty acres more or less and which is bounded and described as follows that is to say, Beginning at the Bank of the said River at the South east angle of a lot of land granted to one Michael Dowdall in the year of our Lord 1815. Thence running West by the Magnet along the South line of said Grant to the rear line of said Homestead farm. Thence South along the said rear line to the lower line of said Homestead farm and thence East to the said River, and thence Northerly following the course of said river to the place of beginning which said farm is more generally known by the name of “Suther Hall”.
Further I give and devise unto my said Nephew Hugh Matheson and unto his heirs and assigns forever a certain other Tract of land containing two hundred acres more or less, situate on the west side of the said river in the Parish aforesaid, near Bonny Brook, so called, granted to the late Benjamin Condle deceased and conveyed by the said Benjamin Condle to me the said Hugh MacKay.
Further I give and devise unto my said Nephew Hugh Matheson and unto his heirs and assigns forever a certain other Tract of land. The first part thereof being that part of Block Number Five in the Grant to Philip Bailey and associates which lies on the East side of Lake Eutopia in the County aforesaid between the Lake and the rear line of that Grant and contains about one hundred and eighty acres. The second part or lot beginning at the South east angle of the aforesaid Block Number Five and contains five hundred acres more or less and was granted to me by Letters Patent bearing date or [?] the twenty fourth day of July in the year of our Lord 1822 being more particularly described in the said Letters Patent. The third part or lot beginning at the North west angle of the last described lot and contains four hundred acres more or less and was granted to one Isabella Taylor by Letters Patent bearing [?] or date the said twenty fourth day of July in the year of our Lord 1822 and being more particularly described in the said last mentioned Letters Patent.
Further I give and devise unto my said Nephew Hugh Matheson and unto his heirs and assigns forever a certain other Tract of land situate in the Parish of Saint George aforesaid. The first part thereof being known as Lot Number One in the first Tract of the Grant to John Davidson containing two hundred acres with ten per cent allowance, bounded on the North by Number Two granted to Moses Estey. On the East by the River Magadavic, and South and West by ungranted lands. The other Lot being marked A in the second Tract of the said Grant to John Davidson being situate at the mouth of the Piscahagen river and contains one hundred acres with the like allowance.
Further I give and devise unto my said Nephew Hugh Matheson and unto his heirs and assigns forever Three lots in the Town Plot of Saint Andrews in Bucklies’ Division being now under lease to one Maurice Norris.
Further I give and devise unto George Matheson, Daniel Matheson and John Matheson sons of my said Nephew Hugh Matheson and unto their heirs and assigns as Tenants in Common all that certain other Tract of land situate in the Parish of Saint George aforesaid being the Block Number Seventeen granted to the late Patrick and Daniel McMaster, and also six hundred acres more or less off the northerly part of Block Number Eighteen, which six hundred were allotted to Richard Forrestal, William Woodward, John Oisten, Thomas Looby, Michael Sheehy and John Hoban. The whole of the said last mentioned Tracts being known as my “Bushwick” farm.
Further I will and bequeath unto my said Nephew Hugh Matheson his executors or administrators all that certain other Tract of land situate on the East side of the said River Magadavic in the Parish of St. George aforesaid and which is bounded on the West by the said River Magadavic on the North by lands owned and occupied by one James Moreland on the East by Lake Eutopia aforesaid and on the South by lands owned and occupied by one Israel Thorn. To hold the same during the natural life of Charlotte Campbell the Mother of Ronald Campbell of the Parish of St. George aforesaid, yeoman, and upon the decease of the said Charlotte Campbell I hereby give and devise the said last mentioned Tract of land unto Jane Matheson and Christina Matheson daughters of my said Nephew Hugh Matheson and unto their heirs and assigns forever as Tenants in Common. And my will further is that the said Hugh Matheson his executors or administrators shall comfortably maintain the said Charlotte Campbell from the rents and profits of the said last mentioned tract of land during her natural life. And I make this bequest unto the said Hugh Matheson upon this express condition.
Further I give and devise unto my said Nephew Hugh Matheson and unto his heirs and assigns upon the Trusts hereinafter mentioned all those two certain Tracts of land situate on the East side of the river Magadavic aforesaid in the Parish of Saint George aforesaid. The first Tract being bounded on the North by a lot of land granted to Ensign Samuel McDougald on the South by a lot of land granted to Henry Snider following the line run out by Charles R. Hatheway Esquire Surveyor on the West by river Magadavic aforesaid, and on the East by lands granted to Alexander MacKay being Lot Number Three granted to William Sutherland and contains two hundred acres more or less. The Second Tract containing one hundred and fifty one acres more or less, being bounded as follows that is to say Beginning at a stake placed on the North eastern angle of the Grant to the said Ensign Samuel McDougald, thence running by the Magnet South two degrees West thirty two chains to a marked Larch Tree, thence South eighty eight degrees East thirty seven chains to a marked Birch Tree. Thence North two degrees East forty nine chains and nineteen links, to a marked Spruce Tree, and thence South Sixty six degrees West forty one chains and fifteen links to the place of beginning the same being granted to Alexander MacKay in the year 1832. To hold the said last mentioned premises upon the following Trust that is to say, in Trust for my friend Alexander MacKay and Mary his wife during their natural lives or the life of the Survivor of them and upon the decease of the said Alexander MacKay and Mary his wife I give and devise the said two last mentioned Tracts of land unto Erick, Hugh and Thomas Alexander Sons of the said Alexander MacKay and Mary his wife and unto their heirs and assigns as Tenants in Common subject nevertheless to the payment of the following Legacies upon their coming into possession of the said last mentioned premises, that is to say to Isabella MacKay, Henrietta MacKay and Georgiana MacKay daughters of the said Alexander MacKay and Mary his wife the sum of ten pounds unto each of them, And my Will is that the said Hugh Matheson his heirs or assigns shall upon the said Erick Hugh and Thomas Alexander coming of age and entitled unto the said last mentioned several premises upon the decease of the said Alexander MacKay and Mary his wife give and execute unto the said Erick Hugh and Thomas Alexander a Release or Quit Claim of the said last mentioned premises so as to divest him the said Hugh Matheson his heirs or assigns of any right title interest or Estate which he or They may then have in the said last mentioned premises.
Further I give and devise unto my said Nephew Hugh Matheson the said Isabella MacKay Henrietta MacKay and Georgiana MacKay and unto their heirs and assigns all that certain other Tract of land situate on the East side of the said River Magadavic above the Upper Falls containing four hundred and twenty acres more or less and which was granted to me the said Hugh MacKay in the year of our Lord 1815 and which begins at the Northwest bounds of the Grant to the late Samuel Bliss Esquire. To hold the same as follows that is to say The said Isabella the Southern one hundred and five acres more or less The said Henrietta the adjoining one hundred and five acres more or less The said Georgiana the next adjoining one hundred and five acres more or less and the said Hugh Matheson the Northern one hundred and five acres more or less.
It is further my Will that my said Nephew Hugh Matheson shall hold possession of my said Bushwick Farm herein before described until John Matheson the youngest son shall come of age and that he the said Hugh Matheson shall receive the rents and profits thereof and manage the same in such a way as he may deem advisable in order to bring up and educate the said George Daniel and John Matheson.
My will further is that my Nephew Hugh Matheson shall pay unto my Niece Catherine Sutherland forty pounds Sterling out of the proceeds of the sale of any of my said property herein devised to him whenever he can effect such sale without sacrificing any of the said property.
My Will further is and I enjoin it upon the said Children of the said Hugh Matheson that they shall at all times pay a dutiful regard and respect to their Parents and render them any assistance that they may require as far as in their power, and I wish them to consider and always bear in remembrance that such is my dying request and Command.
It is also further my Will that my Executor hereinafter named shall cancel and discharge any demand or claim which I the said Hugh MacKay may have against the said Alexander MacKay at the time of my decease. And lastly I do nominate and appoint my said Nephew Hugh Matheson the sole Executor of this my last Will and Testament.
In Witness whereof I the said Hugh MacKay to this my last Will and Testament have set my hand and seal this fifth day of July in the year of our Lord one thousand eight hundred and forty four.
Signed, sealed, published and declared
by the said Hugh MacKay as and for
his last Will and Testament in the
Hugh MacKay
presence of us, who in his presence
and in the presence of each other at
his request have subscribed our names
as Witnesses hereto.
Saml George Andrews
Saml Thomson
Hugh Hatch
Robert Thomson