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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


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This page last updated: April 15, 2001.


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