Will - DUNCAN McGRAW [McRAE]
The Court Services Office (Queen’s Bench), Clerk of Probate, Miramichi Law Courts, Miramichi, N.B. was the source of the five-page Will document provided below. It was proved on 18 October 1820. Note: The Will was prepared on 7 November 1816.
Duncan McRae (late Private 42nd Black Watch Regiment) was married to Jane (nee Blake?) McRae, daughter or adopted child of Charlotte Taylor and John Blake.
A textual transcription of the Will (No. 95), as prepared by Mary Lynn Smith, is provided herewith, after the five images aligned below:
Transcription below prepared by Mary Lynn Smith:
Page 1 of 5 172 [P.]
By his Excellency Major General George S. Smyth Lieutenant Governor and Commander in Chief of the Province of New Brunswick and Ordinary of the same, XC, XC, XC
Page 2 of 5 173 [P.]
To all to whom these presents shall come or may in anywise concern, Greeting
Know ye, that at Newcastle in the County of Northumberland on the eighteenth day of October in the present year one thousand eight hundred and Twenty. Before me Thomas H. Peters Esquire thereunto delegated and appointed the last will and testament of Duncan McGraw deceased a copy whereof is hereunto annexed was proved and is now approved and allowed of by me; and the said deceased having whilst he lived and at the time of his death, goods, chattels and credits within this province by means whereof the proving and registering the said will and the granting of administration of all and singular the said goods, chattels, and credits and also the auditing allowing and final discharging the account thereof unto me only doth belong. The administration of all and singular the said goods, chattels, and credits of the said deceased is granted to James Innes one of the Executors in the said will named who is duly sworn well and truly to administer the same and to make and exhibit a true and perfect inventory of all and singular the goods, chattels and credits, and also to render a just and true account thereof when thereunto required. In Witness whereof I have caused the prerogative Seal of the said Province to be hereto affixed at Newcastle in the County of Northumberland the Eighteenth day of October in the year of our Lord One thousand eight hundred and Twenty
Ja.s Home DY Reg.r [Deputy Registrar] Tho. H. Peters DY [Deputy]
Surrogate
In the name of God Amen. I Duncan McGraw of the Parish of Chatham in the County of Northumberland Free holder xc being sickly and weak in body, but of perfect mind & memory thanks be to the disposer thereof do make and ordain this my last will and testament. That is to say. I give and recommend my soul to God and my body to the earth to be buried at the discretion of my executors. And such worldly estate God has pleased to bless me with in this life I give, devise and dispose of the same in the following manner and form Viz:
First I give and bequeath to my dearly beloved wife Jane McGraw the lot I now reside on Number Thirteen on the south side of the Miramichi River and Parish of Chatham with all the moveables thereon, and the
Page 3 of 5 174 [P.]
half of my Lot of marsh in Tabusintack bay and one third of my Lot of land at the Grand downs. And at her death I do give and bequeath the same lot No. Thirteen and moveables to my sons John and William each to have equal shares thereof at the death of my wife Jane heretofore mentioned
Secondly I give and bequeath to my son John Lot number seven on the south side of the Miramichi River and Parish of Chatham and the half of my lot of marsh in Tabusintack bay and half of my lot at the Grand downs to his heirs and assigns for ever
Thirdly I give and bequeath to my son William my lot of land in Tabusintack. And the half of my marsh lot in Tabusintack Bay at his Mothers death together with the half of my lot at the grand-downs (at his Mothers death) for ever
Fourthly I give and bequeath to my daughter Charlotte the sum of fifty Pounds to be paid to her in Cash (at her marriage, or within a year after) or in such articles as the land will produce and that at cash price, to be paid her by my wife Jean and my son John
Fifthly I give and bequeath to my Daughter Elsey the sum of Fifty pounds to be paid her in the same manner as Charlotte.
Sixthly I give and bequeath to my Daughter Ann the sum of Fifty pounds to be paid her by my son John, my wife Jean and my son William at the same time and in the same manner that her two forementioned sisters are to be paid in
Seventhly I give and bequeath to my Daughter Mary the sum of Fifty pounds to be paid her by my son John my wife Jean and my son William at the same period and in the same manner that her forementioned Sisters are to be paid in
Eightly I give and bequeath to my Daughter Kitty the sum of Fifty Pounds to be paid her by my son John my wife Jean and my son William at the same period and in the same manner that her forementioned Sisters are to be paid in
The five shares last mentioned to be paid out of my Goods, Chattels and effects at the period before mentioned and they are all to live with and assist their mother during their minority who is to procure them food and clothing till they are able to do for themselves. I likewise constitute and ordain my beloved and trusty friends James Innes and Hugh McDonald my sole executors of this my last Will and Testament
Page 4 of 5 175 [P.]
of all and singular my lands, my messuages and Tenements, I do hereby utterly disallow, revoke, and disannul all and every other former Testaments, Wills, Legacies, Bequests and Executors by me in anyways before named, willed or bequeathed; rectifying this and no other to be my last will and testament In Witness Whereof I have hereunto set my hand & seal this Seventh day of November in the year of His Lord one thousand eight hundred and sixteen [Note from Mary Lynn Smith: 7 Nov. 1816]. Signed, Sealed pronounced and declared by the said Duncan McGraw – as his last Will and Testament in the presence of us who in his presence and in the presence of each other have hereunto subscribed our names
Alex Stewart
Martin Cranney
Hugh McDonald
(His)
Signed Duncan X McGraw
(Mark) (His SEAL)
New Brunswick
Northumberland County
Be it remembered that on the eighteenth day of October in the year of our Lord one thousand eight hundred and Twenty personally came and appeared before me Thomas H. Peters Surrogate for Northumberland County aforesaid Martin Cranney of the Parish of Chatham and being duly sworn on his oath did say that he saw Duncan McGraw sign and seal the foregoing Instrument of writing, purporting to be the last will and testament of the said Duncan McGraw and heard him the said Duncan McGraw publish and declare the same as and for his last will and testament that at the time thereof he the said Duncan McGraw was of sound and disposing mind & memory to the best of the knowledge and belief of the deponent and that his name subscribed as a Witness to the said will is his own proper handwriting subscribed in the Testators presence and in the presence of Alexander Stewart and Hugh McDonald whom he also saw sign the said will in the testators presence
(Signed) Tho s H. Peters DY
Surrogate
Also appeared before me James Innes the Executor in the within will named and was duly sworn to the true execution and performance of the said will by taking the oath of an Executor as by Law
Page 5 of 5 176 [P.]
appointed before me
(Signed) Tho. s H. Peters DY Surrogate
Reg.t 16th, Jan y 1821 in vol. 17 County records
& numb. r 95S? vol. in R. Reid Reg.r