ABEL'S WILL


LAST WILL AND TESTAMENT OF

ABEL BEALS

In the name of God Amen.

I Abel Beals in the Town and County of Annapolis and Province of Nova Scotia being in perfect health and a sound minde memory and understanding calling to minde the uncertainty of this present life do make publish and declare this my last will and testament in manner and form following.

First I recommend my soul into the hands of god that gave it trusting in the merrits of my dear Redeemer for the remission of all my sins my body I recommend to the earth to be decently buried at the discresion of my Executors hereafter named.  Touching such worldly estates as it has pleased God to bless me with in this world I dispose of it in the following manner. 

First I will and order that my funeral charges shall be paid out of my personsl astates by my Executors amediately after my decease. 

Accordly I give and Bequeath the eastern side of my farm to my son Isaac Beals bounded as follows Begining at the apeltree and stake and stones standing on the north side of the Annapolis [road] being the south west corner bound of land belonging to George Bishop thence northerly the true cource of the lines along said Bishops land to a stake and stones being the north east corner bound of my farm thence westerly along land formerly belonging to Andrew Beals, now in possesion of Christopher Prince to a willow tree blazed on the south side with two noches cut in said blaze thence southwesterly to a large elm tree blazed on both sides with two noches in each blaze thence southerly such a point of compas as will strike a large rock maple tree blazed on two sides with two noches in each blaze thence southerly to the Annapolis road to a stake and stones standing by a fir tree in the high road near the fence, thence along the main stream of the nigh brook so called to the north line of land belonging to Elijah Beals thence eastward along the said Elijah Beals to John Warners west line thence northerly along said Warners land until it croses the brook called the Beals Brook thence down the stream called the Beals Brook tell it comes to the place where Warners land or line first struck the brook runing the east line of apeace of land the said Abel Beals sold the said John Warner to a stake and stones on the east bank of the brook from thence to the main road being the north west corner of the said John Warners land so as to conform and agree in the points with Warners deed thence a crost the high road northerly to the appel tree and stake and stones the place of beginning.  To him the said Isaac Beals and his heirs forever. 

I also give and bequeath to my son Cooper Beals all the remaining part of my home farm bounded as follows Begining at a willow tree being the north west corner bound of land bequearted to Isaac Beals thence southerly to the before mentioned elem tree blazed on two sides with two notches in each blaze thence southerly such apoint of compas as will strike a rock mapel tree before mentioned blazed on two sides thence southerly along the land bequeathed to Isaac Beals to the Annapolis road to a stake and stones standing by a fir tree in the high road near the fence thence along the west side of the main stream of the nigh brook so called to the north line of land belonging to Elijah Beals thence westerly along Elijah Bealses land to the new road thence along the east side of the new road ten degrees west on the true course of the lines to the main road to a stake and stones standing on the west side of the new road and south side of Annapolis road thence along the west side of the new road southerly to the north east corner bound of land belonging to the heirs of Arod Beals deceased thence westerly along the land belonging to the said Arod Beals to a stake and stones from thence northerly the course of the line to the Annapolis road to a stake and stones from thence northerly along land I conveyed to Anthony Eaton and along thr gleebe land to the south line of land formerly belonging to Andrew Beals but now in the possession of Christopher Prince thence easterly along said Christopher Prince land to the first mentioned bound of this tract of land being a willow tree together with all the buildings and appurtenances to the same belonging or appertaining to him the said Cooper Beals and his heirs and assigns for ever the said Cooper Beals and Isaac Beals faithfully fulfilling and complying in paying out such legacees as I shall bequeath in this will hearafter to my beloved wife Mary Beals and to the rest of my children. 

I give and bequeath to my daughter Abigail the sum of Fifty Pounds or ten milks cows which may best suit or be most convenient for my two sons Isaac Beals and Cooper Beals to pay after my decease if in cows to pay to her or her heirs two mideling cows in eighteen months after my decease and the other eight in three years after my decease or if they pay the money the fifty pounds to be paid in proportion in three years without interest. 

I also give and bequeath to my daughter Rachel McNear the sum of two pounds. 

Whereas my six sons Andrew Beals, Abel Beals, Joshua Beals, Arod Beals, Elijah and Stephen Beals have allready received from me in lands nearly what, I, intended to give them out of my estate I will and order that Andrew Beals, Abel, Joshua, Arod, Elijah and Stephen Beals my six sons before mentioned have the sum of forty shillings paid to each of them or to their heirs should any of them die before me and as my son Arod has already died the Fourty Shillings to be paid to his heir in two years after my decease as also the fourty shillings bequeathed to my daughter Rachel McNeir and the other five sons above named to be paid in two years after my decease. 

I will and order that all such books as shall belong to me at my decease shall be equally divided among my children. 

I also give and bequeath to Mary my beloved wife the following privelidges and purqusets agreeable to a marriage covenant made and signed between I and my beloved wife the first day of October one thousand eight hundred and twenty two first I give and bequeath to her two good cows to be hers forever at her disposal.  When she dies should she survive me I also give her the one equal half of my dwelling house during her natural life as also one equal quarter part of my orchard and fifty bushels of good potatoes to be put into the cellar yearly and every year during her life and also six bushels of good wheat and six bushels of good rye and Indian corn yearly and every year during her life and the use of one third part of my garden as also the fire wood to be cut and hawled to the door and cut suitabel to the fire places she may ocupy in said house by my two sons Isaac and Cooper Beals or by my Executors to this will which I shall hereafter name shood my two sons neglect or refuse so to due.  I also will and order that a horse and chair shall be kept on the place for the use of my beloved wife to ride to meten or elsewhere as she may have ocasion whensoever she may want during her life time she having agreed with me to be at one half the expense of upholding the carriage and harness after they are got after my decease that is to say in repairing the same the horse and two cows above mentioned to be kept on my humpstead by my son Cooper and at his own proper cost and charges winter and summer during my beloved wifes natural life shood she survive me and it is my will and order that my son Isaac Beals cuts and hawls the fire wood before mentioned and that he puts the fifty bushels of potatoes in the cellar yearly and every year as before mentioned upon his own proper cost and charges and that the six bushels of wheat and the six bushels of rye and Indian corn be paid between my two sons Isaac and Cooper equally every year. 

And I will and order that the land willed to my two sons Isaac and Cooper Beals be held by my Executors hereafter named that is to say from the Annapolis road notherd to Christopher R. Princes south line in security for my own maintenance shood misfortune attend me before I die and for the true performance of what I have bequeathed my beloved wife during her natural life with all the appurtenances thereunto belonging so that they nor neither of them shall have any power to sell or despose of that part of the farm nor no arrests attachments or executions can or shall be put or levied thereon by any authority the said Isaac and Cooper Beals can or may have to the same until my beloved wifes decease and all the legacees paid agreeable to my request in this my will as also all my debts to be paid as the law directs equally between my two sons Isaac and Cooper Beals. 

And lastly I give and bequeath all my personal estate household good chattel farming utentials and every other thing that may belong to me at my decease save the books heretofore named to my son Cooper Beals. 

And I do hereby constitute and appoint Isaac Longley, Joshua Beals and Cooper Beals and Zebulon Durland Executors to my last will and testament revoking all former wills by me made declaring this to be my last will contained in two sheets of paper where unto I have set my hand and seal this the twenty ninth day of November in the year of our lord one thousand eight hundred and twenty two. 

Signed sealled published
and declared by the
said Abel Beals the
testator as and for his
last will and (signature) Abel Beals
testament in the presence
of us who in his presence
and at his request
have subscribed our
names as witnesses

John Warner (
George Bishop ( signatures)
Zebulon Durland (



Remarks

Abel Beals was 67 when he signed this will on November 29, 1822.  His first wife, Abigail, had died two years and eight months earlier and he had been married to his second wife, Mary, for two months.  Abel lived for another seven years and nine months and died August 23, 1830 at the age of 75. 

The description of the land Abel left to his sons is not as clear as we would like but it is certain Isaac received the eastern part of his father's farm and Cooper the west part.  This farm of about 340 acres was the central core of the 1550 acres that Abel originally owned.  The description refers to Cooper's land bordering on "land belonging to the heirs of Arod Beals".  This was property originally sold to Abel Jr. by his father.  When he went to live in Albany he sold the western part to Isaac Longley and the eastern part to his brother Arod.  Arod died in April, 1822. 

Some of the details of this will are rather interesting.  For example Abel gave one daughter 50 pounds and the other 2 pounds.  (At that time a pound was the equivalent of four dollars).  Perhaps Rachel was given the smaller amount because her husband, Boyd McNayr, had already received (and paid for?) land from her father.  Abigail had the choice of receiving the money or cows and we wonder which one she opted for.  She had married early in the year Abel signed his will and lived in the Clementsport area. 

The fact Abel referred to his books separate from other personel property indicates his special regard for them. 

In his will Abel says his six sons "have already received from me in lands nearly what I intended to give them out of my estate".  However there is no record of a land transaction involving Stephen and his father.  However, on May 1, 1817 Stephen bought 200 acres in the Township of Clements from George Kniffen.  It's possible that Abel gave him the money to make this purchase. 

Now, about all those potatoes that Abel wanted his wife to have.  Fifty bushels each year!  That's almost a bushel a week!  She certainly must have been a potato affectionado. 

Of the executors and witnesses to Abel's will, Isaac Longley, John Warner and George Bishop had all bought land from the block Abel originally owned.  Assuming they lived on this land they were then Abel's neighbors.  They were also related. 

Isaac Longley was Abel's nephew by marriage.  He was the son of Israel and Anna (Kent) Longley and a grandson of Isaac Kent.  George Bishop was Isaac Longley's son-in-law having married his daughter Diadama. 

John Warner was the husband of Elizabeth Kent, Abel's niece by marriage.  Elizabeth was the daughter of Zarah Kent and granddaughter of Isaac Kent. 

Zebulon Durland was Abel's brother-in-law.  Catherine Miller, Zebulon's wife, was a sister of Mary (Miller) Clark, Abel's second wife.