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ABEL'S WILL
LAST WILL AND TESTAMENT OF
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
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. |
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