The Islands: Probates, Wills: Martin Staley

Will of Martin Staley, Wolfe Island

His will was handwritten and reads as follows
(typed as closely to the original as possible) Transcribed by AM Benson:

WILL

Last Will and testament of Martin Staley of Wolfe Island

This is the last will and testament of Martin
Staley of Wolfe Island Yeoman

I revoke all my former wills
I desire that all my just debts and funeral
expenses shall be paid as soon after my decease as feasible
out of my personal estate.
I give devise and bequeath unto my executors
hereinafter mentioned and to the survivor of them
and the heirs and assigns of such Survivor my lands
in the City of Kingston consisting of my lot of land adjoining
the property of John Fraser and my lot of land adjoining
the property of William Wilson, both fronting
on Brock Street to hold the same to my said executors and to
the survivors or survivor of them and the heirs and assigns of
such survivor (subject to the payment of the legacies herin
after mentioned) in trust to take and receive the rents issues
and profits thereof and apply the same to the maintenance
and education of my children until the youngest of them
shall be of the age of fifteen years, and there upon in trust
to and for the use and benefit of my sons Martin, Charles,
William, George, Archibald and Daniel in equal
parts, and their heir’s male issue of their bodies to be by them
lawfully begotten; and in failure of such male heirs, then
to their several and respective eldest daughters and the
heirs of their bodies lawfully borne and failing then their
to their other daughters and their heirs, in the order of
the birth of such other daughters respectively and failing
them then in trust for the use of the right heirs of me the
said Martin Staley, it being my intention and desire
that when my youngest child shall have attained the age of
fifteen years the said lands shall be divided in equal parts
and so shared equally among my said sons according as
they shall be of the age of twenty one years at which age and
not before they are severally to receive their respective portions
then to any other person and that my executors herin after
named or the survivors or survivor or heirs of such survivor of them
shall make such sale and receive the purchase money to and for the use of
my other surviving sons their heirs and assigns in equal parts
and I do herby grant unto my said executors and to the
survivors and survivor of them and to the heirs of such survivor
full power and authority to grant bargain sell and convey
the said lands in manner aforesaid to the purchaser thereof
and for that purpose to execute seal and deliver all necessary
deeds and assurances.
I give and bequeath to my daughters
now living the sum of three hundred and fifty pounds
that is to say to each daughter fifty pounds payable to
them severally as they shall become of age or marry; and
if any of my said daughters shall die before becoming entitled
to the payment of the said legacy, leaving lawful issue, their
I will that her legacy of fifty pounds shall be equally divided
between her children but if without lawful issue then between my
other surviving daughters, and for payment of these several
legacies I charge all the lands devised in this my will and
I order that my sons herein before mentioned shall each contri-
bute such sum of money towards the payment of said legacies
as shall be found sufficient, for the full payment thereof, provided
that none of my sons shall be required to pay his portion of such
legacies until the end of two years after he shall have gone into
possession of the land to which he may become entitled
under this will. And it is my will and desire that none
of my sons shall sell any portion of the lands herein devised
herin without offering the said to each of his brothers to be
purchased by any of them at a fair valuation.
And I do hereby order and direct that in
the division of the above mentioned Kingston lands between my
said sons, my eldest son shall have that portion which is
next to the property of John Fraser, and my second son
that portion which is next the eldest sons part and my other
and among their heirs as herein before limited in such manner
that each of my said sons shall have his share when of age
or if any of them shall die then that his share shall descend
to his male issue in the order of their births and re failure
of male issue then to his daughters and their heirs, not
as coparceners but to the eldest daughter and her heirs
and failing them to the other daughters and their heirs in the
order of their birth, and failing these then to any right heirs.
I give devise and bequeath unto my sons Martin
Staley and George Staley in addition my lands in Wolfe
Island known as lot number Thirty Old Survey containing
Seventy eight acres and three fourth parts of an acre which I hold
in fee and lot number thirty one adjoining it containing forty
one acres where of I am tenant for a term of ninety nine years
to hold the same to them their heirs executors administrat-
ors and assigns in equal parts: and I order and will that when
either of them shall be of age a survey of the said two lots on
Wolfe Island shall be made and that the same shall be
divided in two equal parts east and west whereof Martin
shall take the East part to him his heir and assigns
and George shall take the west part to him his heirs
executors administrators and assigns and I will that the
said lands devised to Martin and George shall be subject
to the payment of the several legacies hereinafter bequeathed
and I further will that the lands herein devised to my son
Martin Staley into his use shall be subject to the payment
of one half the rent payable in respect of the said West
part of said lots numbers thirty and thirty one devised to the
said George. And I further order that the rents and profits of
said lots thirty and thirty one shall be taken by my said exe-
cutors in trust for my sons Martin and George according to the
division so to be made between them until they shall become of
age and then duly accounted for and paid over to them respectively
subject to the deduction of the head rent of said lot number
Thirty one.
I give devise and bequeath unto my son William
Staley his executors administrators and assigns all my estate
and term of years in lot number twenty four Old Survey
Wolfe Island where of I hold the south sixty three acres
for ninety nine years, subject to the payment of the
legacies hereinafter bequeathed and I order that my executors
herinafter named shall take and receive the rents issues
and profits thereof to the use of the said William until he
shall attain to his majority and then account for and pay
over the same to him first having paid the head rent thereof.
I give devise and bequeath unto my son Archi-
bald Staley his heirs and assigns for ever the west half of lot number
twenty three old survey Wolfe Island subject to the
payment of the legacies herein after mentioned; and that
the rents thereof shall in like manner be received by my exe
cutors and accounted for to Archibald when he shall be of
age without deduction.
I give devise and bequeath unto my son
Charles Staley his executors and administrators and assigns all
my estate and term of years in lot number twenty two
Old survey Wolf Island, whereof I am tenant for a term of
Ninety nine years, subject to the payment of the lease
rent thereof, and the payment of the legacies hereinafter
bequeathed and I order that my executors shall in like
manner receive the rents and account for the same
when my son Charles shall obtain to his majority deducting
payments for rent.
And further I order and declare it to be my
will that if any of my said sons shall die without law
ful issue of his body then the lands hereinto before devised to
such deceased son or sons or their issue shall be offered
to my eldest surviving son for sale and if he shall decline to
purchase the same then to my other sons surviving
in the order of their age and if none of them will purchase
shall here their shares afterwards in order according to
the order of their birth the portion of the youngest being
furthest from Frasers property.
And I order and direct that after payment
of my debts my sons then surviving shall have the residue
of my personal estate in equal shares to be distributed
and appointed by my executors, provided that if any dispute
shall arise among my sons as to who should have any par
ticular share of said personal estate, it shall be lawful
for my said executors in their discretion to terminate such
dispute by assigning to each in his share or by selling the
whole and dividing the proceeds of such sale.
And I appoint Moorey Spure of Long
Island Oliver Hitchcock of same place and John
Baker of the same place to be executors of this my last
Will and testament.
In witness whereas I have herewith
set my hand and seal this seventeenth day of June
in the year of Our Lord one thousand eight hundred and
Fifty four.

Signed sealed and delivered published
and declared by the testator in presence
of us who have subscribed our names
hereunto in presence of each other, as
witnesses to the execution of the above
written last Will and testament of
Martin Staley, the several interline
ations being first noticed by our initials
in the margin
D Alexander Jrr
JJ Burrowes?

Also a draft will (no date) that appears may have been executed
– appoints wife Harriet to be executrix and Angus Cameron of
Garden Island esq to be executor of this my last will and testament
Signed in presence of Martin Staley
C Durand and J Burrows

The Islands: Probates, Wills: Martin Staley