LAST WILL AND TESTAMENT
(JOHN LUDWIG HIMMELMAN)
In the name of God Amen.
The first day of September in the year of our Lord one thousand eight hundred and thirty-seven.
I, Lewis Himelman of the County of Halifax and Province of Nova Scotia, yeoman, being through the blessing of God in a sound state of mind and memory, but calling to mind the frail tenure of this life and that it is appointed for all men once to die do make and leave this my Last Will and Testament, that is to say, principally and first of all, I recommend my Soul into the hands of Almighty God who gave it and the disposal of my body I leave to the entire discretion of my friends. With respect to my worldy Estate I give and bequeath and dispose of it in manner and proportion following.--
First, I give and bequeath to my dear and well beloved Wife Ann Barbara the sum of twenty pounds lawful money of said Province to be paid her annually during her natural life to be secured on my Estate as hereafter mentioned. I also give to my beloved Wife at the period of my decease her choice of one third part of my household furniture, the Stove I reserve for the use of the House. Likewise, I give her the use of the bedroom that she now occupies for her private room, a common privilege throughout the house and the use of fireplace and stove when needed. Also the use of a piece of ground now occupied for a Kitchen Garden and a good Cow with calf. And further I bind my son George to supply his Mother with a sufficient quantity of firewood at all times to make her comfortable both for stove and fireplace. Also to keep said Garden spot under good and lawful fence and allow said Cow a suitable place in the Barn and a sufficient supply of good Hay for the winter and pasturage for the summer and should said Cow at any time prove unprofitable for his Mother to furnish her with another in her stead that would be of present benefit to her and at his Mother’s decease said Cow shall be his. I ordain that all the conditions mentioned be binding and continue so to be during the period of my Wife’s natural life.
Also I give and bequeath unto my Son John the whole of that tract of land I purchased of the Revd. B. J. Gray with the except of eleven rods wide adjoining the land I purchased of Peter Easly and what is inclosed in a little pasture called the sheep pasture--I also give to my Son John the width of the land already given of the land I purchased of Frederick Major, to continue from the rear of the land I purchased of the Revd. B. G. Gray to the fence inclosing the field where Marr did live and I further give my Son John one half of the inclosed land where Marr did live. I do further give my Son John one third of the tract of land that I purchased of Wm. Negus ... The above and before given and bequeathed premises I ordain shall be holden for the payment of Eight pounds lawful money of said Province, to be paid annually to my beloved Wife from the period of my decease during her natural live.
I do give and bequeath to the heirs of my Son Peter deceased a part of that tract of land I purchased of Martin Sower (Soward??) bounded as follows Viz’t. Beginning at a little Lake in the line of land originally granted to Jacob Hurd and N55° E from said Lake by the Hurd Land to its rear and from thence S35° E to land purchased of Laybolt and by said land to the shore, from thence to George’s (??) gate ‘so called’ and from the gate the shortest distance to said Lake and by the Lake to the first mentioned bound, said lot of land being holden to pay annually to my beloved Wife four pounds lawful money of said Province during her natural life. I also ordain that the Widow of my Son Peter shall have the use and benefit of one third part of said land during her natural life and the use of the whole until the youngest heir comes of age. It at all times being subject to the payment of the aforesaid four pounds to my well beloved Wife during her natural life. --
I do give and bequeath to my Son George all that certain lot of land I purchased of Peter Easly and eleven rods wide of the lands I purchased of the Revd. B. G. Gray, likewise whatever the sheep pasture so called incloses, Also one half of the inclosed land where Peter Marr lived, it being a part of the land I purchased of Frederick Major.--also one third part of a lot of land I purchsed of William Negus--all of the said land being holden and subject to the payment of the following sums of money Viz.: Eight pounds lawful money of said Province to be paid annually to my beloved Wife during the period of her natural life--also fifty pounds to be paid my daughter Barbara within six months of my decease. --
I do give and bequeath unto my Son in law Lewis DeYoung a part of that tract of land I purchased of Martin Sower (Soward??) bounded as follows Viz’t. Beginning at the shore of the S.E. Passage at a bound fixed, and runs N55° E until it comes to George Sower’s (Soward’s??) land, thence S35° E to James Hawkins land, thence S55° W on his line to the shore the place of beginning--also one third of the lot of land I purchased of William Negus.--
I do give and bequeath unto my Sons John and George and the heirs of my son Peter the remaining part of the land I purchased of Frederick Major and the small piece of the land that remains of the rear of the land I gave my son Peter I.E. his heirs to be divided equally among them, that is into three equal parts.--
I do give and bequeath unto my Son in law William Turner a certain tract of land being in Cole Harbour District, bounded on the North by Jacob Kuhn’s land, and in the South by Thomas Chivell’s (??) land being the same tract I purchased of William Reynolds. --
I do give and bequeath unto my Son in law John Laybolt one shilling. --
I do give and bequeath unto my Son in law William Christie one shilling. --
I do give and bequeath unto my daughter Barbara one hundred and fifty pounds, to be paid her as follows Viz’t. fifty pounds by my Son George within six months from my decease and the hundred pounds to be paid by my executors within six months of my decease providing she should not receive anything before my decease, which if she does is to be deducted from said hundred pounds. --
I further give my Son George the marsh land, it being a part of the land I purchased of Martin Sower (Soward??), it being to the Southward of the Little Lake. Also all the farming utensils likewise Boats and fishing implements should there be any. --
I give and bequeath unto my Grand daughter Elizabeth Laybolt twelve pounds to be paid her when she comes of age. Also a good feather bed and bedclothes and a Cow. --
And further it is my purpose will and pleasure that my Executors should make sale of the property here named Viz’t. -- 1st. of all my horned cattle with the exception of the two Cows herein mentioned, 1 for my well beloved Wife, the other for my G. D. Elizabeth. -- 2nd of my Sheep Horse and Harness and half of the Hogs and Pigs. -- 3rd of half of the crop and all the household furniture excepting what is mentioned herein as given and reserved. -- and also give all diligence with discretion to collect all just sums due me on my estate and the amount of the whole Sales and debts collected dispose of in manner and proportion here described. -- 1st See that my Grand daughter E. Laybolt have the portion willed to her. -- 2nd That all just demands against me or Estate be cancelled. -- 3rd That my daughter Barbara has her hundred pounds paid her agreeable to the within written. -- And should not the amount of Sales and debts collected be sufficient (after paying all debts and paying said Elizabeth as mentioned) to defray all demands my daughter Barbara may have as respects the said hundred pounds to be paid her. I do ordain that the land I have given to my Sons John and George be holden for its complete payment and that each ones land shall be holden for an equal half. -- And should the sum raised from Sales and collections prove to be more than sufficient to answer the above demands I ordain that the over-plus be equally divided among my children namely John, Mary, Elizabeth, Nelly, Barbara and George.
Finally and lastly I ordain that my wearing apparel be at my decease equally divided between my two Sons John & George whom I ordain Executors to this my last Will and testament and my well beloved Wife Executrix. In Witness whereof I have hereunto set my hand and Seal the day and year above written.
Signed: Lewis Himmelman
Signed sealed and delivered in
Signed, M. H. Beckwith
P(??) the 12th of December A.D. 1838
In addition to the foregoing bequests and legacies noted in this my Will I further order and direct that each of my Grand children John, Lewis, and Jane Christie shall receive the sum of one shilling (??).
Submitted by Wendy Himelman