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Will and Probate Records Allan Weir
Record of Probate for Allan Weir
Last Will and Testament of Allen Weir of Churchville East River, Groman, Deceased Proved and Registered 23 September 1880.
This is the last Will and Testament of me Allen Weir of Churchville East River in the County of Pictou, Groman.
I give devise and bequeath all my lands Real and personal to my Executors here-in after named to wit my sons Duncan Weir, and Jonathan Weir and John McKinlay of Pictou, Esquire, their heirs and assigns in Trust to grant sell convey and dispose of the same at Public or private Sale and convert the same into money or a fund and after payment of all my debts funeral and testamentary expenses. I direct that out of such fund there shall be paid to my son Duncan Weir the sum of six hundred Dollars. To my son James Weir six hundred Dollars. To my son Jonathan Weir six hundred Dollars. To my son Andrew Weir Eight hundred Dollars and I will and direct that the last named sum or bequest to Andrew Weir shall be accepted by him in lieu and discharge of all and any demands, debts and claims which the said Andrew Weir shall or may have or claim or allege to have against my estate and shall not be paid to him unless so accepted in full discharge. I will and direct that my executors reserve Two hundred Dollars for the erection of a suitable Tombstone over my wife and myself. I also will and direct that my Executors pay to Janet Stalker the daughter of the late John Stalker of Barney river the sum of Four hundred Dollars being the same sum which my late Wife wished to bequeath to the said Janet by a will of her my said wife. I will and direct the sum of twenty Dollars and also that if the said John Weir shall pay up all the Interest due and which shall be due at the date of my decease on and by virtue of the Mortgage made by the said John to me dated on or about the 28th day of March A.D. 1855. for four hundred pounds then and on such payment of all the said interest I authorize direct and empower my Executors to release and discharge the said Mortgage and principal Sum thereby secured freely and without and consideration or Cash unto the said John Weir his heirs or assigns. I will and direct the any residue of my Estate remaining undisposed of shall be equally divided among and paid to my said sons Duncan Jonathan James and Andrew. I also will and direct that the child or children of any of my last named four sons shall take the share of any deceased parent, and in case that should be a deficiency of my estate to pay in full all the foregoing legacies and bequests after payment of all my debts and testamentary charges I will order and direct that such deficiency shall be borne and deducted from the legacies to any said four sons Duncan James Jonathan and Andrew ?Noteably? in proportion to their respective legacies. I authorize and appoint the said Duncan Weir Jonathan Weir and John McKinlay as Executors and Trustees of and under this my last Will and Testament to which I set my hand and seal at Pictou this Tenth day of September A.D. 1877 and I revoke and declare to be null and void all other Wills by me heretofore made.
Signed sealed and declared by the testator as his last will and testament in presence of us who altogether at the same time in his presence and at signed his request have subscribed as Witnesses Allan Weir
signed A.J. Patterson " Allan A. Ferguson " John McKinlay
I Allan Weir formerly of Churchville, East River, County of Pictou, and now at the Pine Tree Gut in the said County do make and declare this to be a Codicil to my last Will and Testament herein before written. Having by said directed that any residue of the Estate remaining undisposed of should be equally divided amongst and paid to my sons therein named. I will and direct that my son John Weir shall also with my said sons take an equal share of such residue and that my said residuary estate shall be equally divided amongst and paid to my said sons Duncan Jonathan James Andrew and John.
Witness my hand and seal and subscribed to this Codicil this 19th day of December 1879. signed sealed and declared by the Testator as and to be a Codicil to his will in presence of us who all signed together at the same time in his presence and at his request here to Allan Weir subscribe as Witnesses.
signed Archibald MacKay " William Norton " Archibald McInnes
A
Court of Probate. Pictou, S.S.
In the Estate of Allen Weir late of Pine Tree Gut in said County Groman deceased, testate,
I Jonathan Weir of Moncton in the Province of New Brunswick, Machinist - one of the Executors of the last Will and Testament of said deceased, with the Codicil thereto make oath and say that the paper writings herewith exhibited contains the true last Will and Testament and Codicil of the deceased, as far as Deponent knows or believes, and that I will truly perform the same by paying first the testator's debts and then the legacies therein contained, as far as the Goods, Chattels, and Credits of said deceased will extend and the law charges me and that I will make a full and true Inventory of the real and personal Estate of deceased, and exhibit the same into the Registry of the said Court upon oath within three months from the date hereof and render a just account thereof when lawfully required: and further that the Estate of said deceased, both real and personal is of the value of Four thousand four hundred dollars or there abouts.
Sworn to at Moncton in the Country of Westmorland this Jonathan Weir 5 day of October A.D. 1880
Before me
Thomas V Cooke
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Province of Nova Scotia County of Pictou. In the Court of Probate 1880.
By the Worshipful James Fogo, Judge of Her Majesty's Court James Fogo for the Probate of Wills, and for granting Letters for (Court Seal here) Administration within and for the County of Pictou.
In the matter of the Estate of Allan Weir late of Pine Tree Gut, in the County of Pictou, Groman, deceased, Testate.
To Thomas Vincent Cooke of Moncton in the County of Westmorland, Province of New Brunswick, Esquire,
Greeting Whereas application has been to me the said Judge of Probate of the Will of the above named, Allan Weir - deceased to Executor, Jonathan Weir at present of Moncton in the County of Westmorland, Province of New Brunswick, and whereas it is necessary that the said Jonathan Weir, executor as aforesaid should take the Oath of Office hereto annexed marked A, as one of the executors of the last Will and testament of the said deceased, on being appointed thereto as requested by Law. I do therefore for the reasons aforesaid, hereby grant unto you the said Thomas Vincent Cooke, full power and authority to administer to the said Jonathan Weir, the said Oath of Office hereto annexed marked A, and where you have so done you are to certify your doings thereon with this writ into the registry of our said Court, at Pictou, as soon as conveniently may be. Given under the Seal of the said Court at Pictou this 23rd day of September, A.D. 1880
John H Saur Registrar
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County of Pictou, S.S.
In the Court of Probate. 1880
In the matter of the Estate of Allan Weir late of Pine Tree Gut in the County of Pictou deceased Testate.
At a Court of Probate held at the Probate office in the Town of Pictou, on the 23rd day of September A.D. 1880.
I, Alexander J Patterson of Pictou in the Country of Pictou, Hereabout make oath and say, that I am one of the subscribing Witnesses, to the last Will and Testament of the said Allen Weir late of Pine Tree Gut in the Country of Pictou, deceased; The said Will now hereto annexed, bearing date the tenth day of September in the year of Our Lord One Thousand Eight Hundred and Seventy Seven and that the said Testator executed the said Will on the day of the date, thereof, by signing his name at the foot or end thereof, as the same now appears thereon, in the presence of me and Allan Fergason and John McKinlay the other subscribed witnesses thereto. All of us being present at the same time, and we thereupon attested and subscribed to said Will, in the presence of the Testator, and in the presence of each other.
Sworn to at Pictou, this 23rd day of September A.D. 1880 A.J. Patterson Before me
James Fogo
Judge of Probate
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Province of Nova Scotia, County of Pictou,
Court of Probate
By the Worshipful James Fogo Esquire, Judge of Her Majesty's Court for the Probate of Wills, and granting Letters of Administration in and throughout the County of Pictou, in the Province of Nova Scotia.
TO ALL TO WHOM THESE PRESENTS SHALL COME
GREETING;
Know Ye, that on the day of the date hereof Before me the last will and Testament of
James Allan Weir
Fogo late of Pine Tree Gut in the County aforesaid, Groman deceased (of which last Will and Testament a true copy is hereunto annexed,) was proved, approved and allowed: the said deceased having, whilst living, and at the time of his death, Real Estate, Goods, Chattels, rights and Credits, and hiving last dwelt at Pine Tree Gut aforesaid in the County aforesaid, by reason whereof the proving, approving, and allowing the said Will, and the granting Administration of all and singular the said Real Estate, Goods, Chattels, Rights and Credits; an also the auditing, allowing and final discharging the accounts thereof, appertain to us; and Administration of all and singular the Real Estate, Goods, Chattels, Rights and Credits, of the said deceased, in any way concerning his Will, was granted to Duncan Weir of River John in the County of Pictou, Miller, and Jonathan Weir of Moncton in the Province of New Brunswick, Machinist the Executors named in the last Will and Testament they being first sworn, well and faithfully to administer the same, and to make a full and true Inventory of all and singular the said Real Estate, Good, Chattels, Rights and Credits, and to exhibit the same into the Registry of our said Court, on or before the 23rd day of December next ensuing, and also to render a just and true account thereof, and to do and perform, when lawfully required, all such other acts, matters and things, as to the true and faithful administration thereof may or shall of right appertain.
Given at Pictou in the Registry of our said Court, under the Seal thereof, the 23rd day of September in the year of our Lord One Thousand Eight Hundred and Eighty and in the Forty Fourth year of Her Majesty's reign.
Signed John H Saur Registrar
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To all whom these presents shall come John McKinlay of Pictou in the County of Pictou Esquire sends Greeting --
Whereas Alan Weir formerly of Churchville East River in the County of Pictou and lately of Pine Tree Gut in said County duly made and published his last will and Testament bearing date the tenth day of September A.D. 1877 to which he annexed a Codicil dated 19th December 1878 and whereas the testator by his said will did give devise and bequeath all his lands Real and Personal estate property rights credits and effects to his sons Duncan Weir and Jonathan Weir and the said John McKinlay their heirs and assigns in trust to grant sell and dispose of the Same and to dispose of the Same and to dispose of the proceeds thereof as directed by the said Will and which the Said Duncan Weir Jonathan Weir and John McKinlay were appointed by the Testator to be Executors and Trustees - And whereas the aid Testator lately died at Pine Tree Gut and whereas the Said John McKinlay hath declined to act and desires to renounce the executorship and trusts of and under the said Will and Codicil. Now Know Ye that the said John McKinlay doth by these presents absolutely and irrevocably disclaim and renounce all the Real and Personal Estates trusts powers and authorities whatsoever in and by the Said recited Will of the Said Allan Weir devised given or bequeathed to the Said John McKinlay and his heirs And the Said John McKinlay doth disclaim and renounce the executorship of the Said Will and Codicil and all rights powers liability and authority to act as Executor or Trustee under the Same - In Witness whereof the Said John McKinlay hath hereto Set his hand and seal this Sixteenth day of August AD 1880.
Signed Sealed and delivered John McKinlay in presence of David W. McKean
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Province of Nova Scotia County of Pictou In the Court of Probate 1880
In the matter of the Estate of Allan Weir, late of Churchville in the County of Pictou Groman, deceased, Testate. At a Court of Probate held at the Probate Office in the town of Pictou on the 23rd day of September A.D. 1880. On reading the Petition of Duncan Weir & Jonathan Weir also the renunciation of John McKinlay as an executor, with affidavit annexed thereto, together with the testimony of A. Patterson to the execution of the Will, and that of William Norton, to the execution of the Codicil thereto, dated December 1878 and having duly Considered and fully understanding the same, it is thereupon decreed by the Court now here, that Probate of the Will of the said deceased with the Codicil thereto be granted to the said Petitioners as prayed for, they being first sworn to the faithful discharge of the duties of Executors to the last Will and testament of the said Testator. Given under my hand and the Seal of the Said Court, at Pictou, this 23rd day of September A.D. 1880.
(Seal of Court Here) James Fogo
Judge of Probate
At the same Court, Ordered that the foregoing Decree be filed and Registered.
James Fogo
Judge of Probate
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