Last Will and Testament
Of
Martin Soward
In the of God Amen.
I Martin Soward
of the Eastern Passage of HalifaxCounty, and Province of Nova
Scotia,Fisherman.Being in imperfect health of Body, but perfect of mind, and
memory, thanks be given to God forst—Calling to mind, the mortality of our
Body, and, knowing, that it is appointed for all men once to die. Do make and
ordain, this my last will and Testament.
That is to say, principally; and first of all I give and recommend my Soul into
the Hand of Almighty God, that gave it, and my Body, I recommend to the Earth
to be Buried in a desent Christian Burial, at the directions, and, discretion
of my Executors, Nothing doubting but at the General
Resurrections, I shall receive the same again, by the mighty power of
God.---------
And as touching such worldly Estate wherewith, it has pleased God to
Bless me with in this Life. I give advise, and, dispose of the same, on the
following manner, and form--
First, I give, and, bequeath to my well beloved Son George, all my real
and Personal Estate lying and being on the Eastshore of the East passage of
Halifax, County of Halifax and Province of Nova Scotia, and is bounded and
abutted as follows. That is to say Bounded on the Southeastern side by James
Adolphus Hawkins Land and on the Northwestern side Lands owned by Lewis
Himmelman, abutted on the Southwestern front By Halifax Bay; and on the
Northeastern front by Cowes Bay Lake. This my real Estate, goods and Chattels,
which, may be to the fore at my Demise, shall, during my son
Georges minority; be at the disposial of his mother for their mutal benefit,
and Interest.
But, if my son Georges mother should marry or Cohabit with
Man or Men after the manner of Man and Wife; or shall harbour any of her
Children, Begotten by her former husband Jacob Loner; or shall succor the said
Jacobs Children, to the hurt of my son George; She shall forfeit, all right and
Title, that she might have otherwise had pretentions to. And it is my will and
request, on default of this nature, being proved, against my son Georges
Mother; that the Executors of this my will, do, remove her off the before said
premises, by, due force of Law; with -holding al and every thing from her
which, otherwise might been her just due.
And I do Will and request of the Executors of this my will, upon, any
request or Application, from my son Georges Mother, of improper conduct being
committed by him the said George, towards her, in disobeying her Lawful
commands during his the said Georges minority, either by idoling away his time,
keeping bad company drinking, gambling, or Contracting of marriage; or keeping
company with a Woman, or, Women after the manner of man and Wife; to the
anoiance of her, the said Georges Mother in her lawful endeavor, for, an Honiest
livehood; my Executors upon such misdemeanors being represented to them by the
said Georges Mother, and, proved against him; the said George, shall have been
before them, and rebuke him for the same.
But should the said George not amend by a proper caution
and rebuke; and his mother being under the necessity; of making a second
application for justice. They, my Executors are requested, and, desired, to put
my son George, apart from his Mother either, by Binding him out an apprentice
to some Trade, or hire him out; until such time as he shall become of age to
act for himself. Nor shall he then enter into his mother house to posess it,
without his good conduct merits such like indulgence.
But, if in case, he should be inclined to settle on the premises as aforesaid
altho under a bad Character; as undutiful to his Mother, or Otherwise, he the
Said George shall be allowed to Build and Plant for
himself on the Northwestern part of said Premises; and shall be
intitled, to, the one half, of the said Premises, on the Northwestern part
thereof, and shall be intitled to the one half of my remaining personal Estate;
without let, Molestation to his Mother------------
That, during my son Georges minority, his mother shall not be allowed or
permitted to take up money or otherwise upon Bond, Note of Hand, Mortgage,or on
any instrument of indenture what soever, so that the forsaid premises or
personal Estate, might thereby be encumbered, when my son George might become
of age to act for himself.----------------------------------------------------------
That in Case of sickeness of other bodily affliction befalling my son
Georges Mother or by the death of Life Stock, I may die posted of, or other
incidentals, which might warrent the like indulgence; she shall, by and with
the consent of my executors, be at liberty to let the forsaid premises; by
lease or otherwise, for, the mutual interest; of my son George, and his mother.
That as my son Martin’s conduct has been a round of disobedience and
neglect of Duty to his aged Father, I do by, this my last will, and Testament
deprive, him the said Martin from all right and title and from all
inheritance that he otherwise might be deemed intitle to, with, the exception
of one shilling----------
That my son George shall not be at liberty, when he becomes of age,
neither, before or after his brothers Death, to sell or mortgage the aforesaid
Premises.
The in Case of my son Georges Death, either before he becomes of age or
dieing without Issue, in, which, or, either case; after my son George’s Death;
Frederick Linteman---son of Garret Lintermen Farmer presently resident on
Frederick Majors Plantation Cowes Bay side and County of Halifax. And, John
Soward son of Martin Soward, Jun. residing on the foresaid Plantation
and County aforesaid shall be the suceeding Heirs to my son George. Frederick
Linteman to Posess and enjoy the Southeast part and half of said premises and
John Soward to posess and enjoy the Northwest part and half of said premises
and I do Will and bequeath to my said Grandsons in that Case; all, my remaining
personal Estate; by an equal division of all, to each of the aforesaid
Grandsons. Nor shall they during their Natural Life sell, of Mortgage; the
foresaid premises.-------------------------------------------
That in Case of my son Georges Death, during the minority of my
Grandsons Frederick Lintemen and John Soward, the Executors of my Will shall
posess themselves of said premises, with, the personal Estate thereon, and do
the best the can with both, real, and Personal Estate for the benefit and equal
interest and mutal benefit of the said Frederick Linteman and John Soward. But
the parents neither of Frederick Lintemen nor John Soward shall have not power
to act for either of those my Grandsons as aforesaid.
And I do by these presents Constitute and appoint Lewis Himmelman and
Lewis Mesangena to be my sole Executors of this my last will and Testament: and
I hereby .....disallow, rebuke, and disannul all and every other former
Testament, wills and bequeaths and Executors, by one in any wise before named,
willed and bequeathed ratifying and Confirming this and no other to be my last
will and Testament in Witness whereof I have hereunto Set my hand and Seal this
thirteenth day of March in the year of our Lord one Thousand Eight Hundred and
Thirteen—Signed Sealed and published, pronounced and declared by the said
Martin Soward as his last will and Testament in his presence and in the
presence of each other have hereunto subscribed our Names.
Martin Soward
His Mark
WITNESS
Frederick Whittear
Garret Linnemean
Joseph Hawkins
Made in the common for of Law
the 20th December 1816 in the
oaths of
Garret Linneman one of the
subscribing
Witnesses
Signed J Solomon Reg
Submitted by Amelia Hancock
