The Islands: Probates, Wills, Howe Island, John Driscoll Sr

Submitted by Sean Driscoll

Last Will and Testament of John Driscoll Sr, Howe Island

The following extracts were taken verbatim from the Estate file for John Driscoll, which was obtained from:

Frontenac Co. (Kingston) Surrogate Indexes GS 2-40

MS 887 Reel 554 #2400

at the Public Archives of Ontario on 2000 April 17 (Monday).

For the purposes of genealogy, Estate files are repetitive. Accordingly, only wording of the most concise and relevant kind is quoted here.

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This is the last Will and Testament of me John Driscoll Sr of the township of Howe Island in the County of Frontenac and Province of Ontario made this twenty fifth day of October in the year of our Lord one thousand nine hundred and twelve.

I Revoke all former Wills or other Testamentary Dispositions by me at any time heretofore made and declare this only to be and contain my last Will and Testament.

I Direct all my just debts, funeral and Testamentary expenses to be paid and satisfied by Executors hereinafter named as soon as conveniently may be after my decease.

I give devise and bequeath all my Real and Personal Estate of which I may die possessed in the manner following that is to say: To my beloved wife Margaret Driscoll I give and bequeath, my house and garden situate on the east half of Lot 7 south range Howe Island Co Frontenac during her life time, together with all my goods and chattels, to use as she may see fit, also all moneys remaining after all just debts and legacies are paid.

To my son John Driscoll I give the sum of one dollar he having already received his share of my estate.

To my son Thomas I give and bequeath the east half of lot twenty two south range of Howe Island in the County of Frontenac on payment of Six Hundred and twenty six dollars, in the following manner. One hundred dollars on the 24th day of Jany 1913 and one hundred on the 24 of October 1913. One hundred on the 24th of October 1914. One hundred on the 24 of October 1915. One hundred on the 24 of October 1916 and one hundred and twenty six dollars on the 24 of Oct 1917, for which amounts notes have been given.

I give and bequeath to my son Charles Driscoll the west half of Lot 7 in the south range of Howe Island in the Co of Frontenac free of encumbrance ~~together with the sum of one thousand dollars~~

I give and bequeath to Lawrence W. Driscoll my son the east half of Lot 7, south range of Howe Island, in the Co of Frontenac free of encumbrance except the house which I have bequeathed to my wife Margaret Driscoll during her life after which it reverts to Lawrence W. Driscoll. I also bequeath to my son Lawrence W. the sum of Five Hundred dollars.

I will and bequeath to my daughter Elisabeth S. Walker Five Hundred dollars

I give and bequeath to my daughter Catherine A. Driscoll Five Hundred dollars.

I give and bequeath to my daughter Ilena M. Driscoll Five Hundred dollars.

I further will that if any of the within mentioned heirs should die without heirs before the above moneys have been distributed, his or her share shall be equally divided between all the within mentioned heirs

All the residue of my estate not hereinbefore disposed of I give, devise and bequeath unto my wife Margaret Driscol

And I nominate and appoint my wife Margaret E. Driscol and my sons Charles E. Driscol and Lawrence W. Driscoll to be executors of this my last Will and Testament

In Witness whereof I have hereunto set my hand the day and year first above written.

John Driscoll sr. (Seal)

Signed, published and declared by

the said John Driscol

the Testator as and for his last Will

and Testament in the presence of us who

both present together at the same time in

his presence at his request and in

the presence of each other have hereunto

subscribed our names as witnesses.

Thomas Kane

George Henry Smith

Codicil Dated 29^th day of July 1915

I John Driscoll hereby revoke my Will so far as refers to my son Charles Driscoll who relinquishes his claim on West half of Lot 7 [ ] of Howe Island, South Range, to his Mother for love and affection and other considerations of [L] 25 [ ] dollars to pay for his house

John Driscoll sr.

Tim O’Brien

Witness

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[Struck-out text represents the areas of the will which John Driscoll Sr. attempted to cross out with a pencil.]

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I Mathew Kane … did see the [last will] … signed by … John Driscoll the elder except the lead pencil marks apparently attempting to erase parts of the will

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I … Charles E. Driscoll, of the City of Toronto, Agent do hereby expressly renounce all my right and title to the PROBATE and execution of the said Will of the said deceased [John Driscoll Sr.].

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Canada, Province of Ontario:

In His Majesty’s Surrogate Court of the County of Frontenac

Be it known that on the fifth day of September in the year of our Lord one thousand nine hundred and seventeen the last Will and Testament of John Driscoll, the elder Farmer late of the township of Howe Island in the County of Frontenac and Province of Ontario, deceased, who died on or about the 25^th day of July in the year of our Lord one thousand nine hundred and seventeen at the township of Howe Island in the County of Frontenac and who at the time of his death had a fixed place of abode at the said township in the said County of Frontenac was proved and Registered in the said Surrogate Court...

And that the administration of all and singular the property of the said deceased and any way concerning his Will was granted by the aforesaid Court to Margaret E. Driscoll, widow and Lawrence W. Driscoll, Farmer, both of the said township of Howe Island, two of the executors named in the said will.

(All right to probate and execution of the said will having been by deed filed renounced by Charles E. Driscoll, the only other Executor named in the said Will.) The said Margaret E. Driscoll and Lawrence W. Driscoll having been first sworn well and faithfully to administer the same by paying the just debts of the deceased and the legacies contained in his Will so far as they are thereunto bound by law, and by distributing the residue (if any) of the property according to law, and to exhibit under oath a true and perfect inventory of all and singular the said property and to render a just and true account of their Executorship when thereunto lawfully required.

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Inventory and Valuation of the PROPERTY of the said deceased.

Clothing and Jewellery $500

Farming Implements, etc $150

Horses $700

Cash in Bank $4492

Lot 7 in the South Range of the

Township of Howe Island in the

County of Frontenac $8000

[Debts] Money Secured by Mortgage $6100

[An outstanding amount of $6000 was borrowed from John Murphy with the obligation of an interest payment to him of $100. Lot 2 in the 14^th concession of Wolfe Island was seemingly used as collateral by John Murphy to raise the cash.]

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I Margaret E. Driscoll … make oath and say … That I believe … John Driscoll Deceased, was not at the time of his death a German, Austro-Hungarian, Turkish or Bulgarian subject or other alien enemy…

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The Islands: Probates, Wills, Howe Island, John Driscoll Sr