And John OSBORNE of Cow Bay, aforesaid yeoman.
THAT the said Frederick NAGLE departed this life some time in the year one thousand eight hundred and eighteen having first duly made and executed his last will and testament according to law for passing Real Estate bearing date the fifteenth day of March in the year aforesaid and being seized and possessed of certain Real Estate consisting of a farm and lot of land whereon he resided at the time of his death containing about eighty acres and a wood lot containing one hundred acres more or less both situate at the South East Passage in the County of Halifax.
THAT in the said will was duly proved in this court and the same is now on file therein.
THAT in and by his said will the Testator left his Real and Personal Estate to his wife Charlotte to be at her disposal so long as she remained unmarried and in case she married again the said property should be divided among her children and if she should die before any of her children the said property to be equally divided in equal shares to each one of his lawful children as by reference to said will will appear.
THAT the said deceased left him surviving his said wife Charlotte who departed this life some time in the month of September in the year one thousand eight hundred and fifty eight without having married again.
THAT the said deceased also left him surviving eleven children all now living that is to say:
Simon all of South East Passage aforesaid Yeoman
Charlotte all of South East Passage aforesaid spinsters
Christiana married to John YOUNG of Petpeswick in the County of Halifax Yeoman.
Ellen married to John SUTTIS of South East Passage aforesaid Yeoman.
Jane married to your Petitioner John OSBORN
Susannah married to your Petitioner John HUNTER
Margaret married to your Petitioner David OSBORN
THAT the said Real Estate is from incumbrance and your petitioners are desirous to have division and partition of the same under the statute in such case made and provided and that the shares of the same belonging to them in right of their respective owes(?) may be set off to them.
Your Petitioners therefore pray Your Worship to grant a Warrant directed to five disinterested Freeholders to appraise and divide the said Real Estate of the said deceased among the children of the deceased above named in equal shares pursuant to the said will and to statue in such case made and the practice of this Worshipful Court.
And as in duly bound will ever pray be.
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