The Last Will and Testament of William Cruwys (1821-1873)

Liber 8 Folio 597

Transcribed by Debbie Kennett

William George CRUWYS was the fourth of eight children born to William CRUWYS and Margaret EASTMOND. He was baptised on 21st January 1821 at Holy Trinity Church, Burrington. William's wife, Sarah BURROWS, was also from Burrington. She was the second of ten children born to John Quick BURROWS and Elizabeth TURNER. Sarah was born on 24th May 1822. She was baptised at Holy Trinity Church, Burrington on 3rd June 1822. William CRUWYS emigrated to Prince Edward Island, Canada, some time between 1841 and 1848. He and Sarah married on 21st November 1848 on Prince Edward Island. William died on 19th October 1873 at the age of 52 years. Sarah died on 18th June 1906 aged 84 years. William and Sarah are buried at Kingston United Church Cemetery, Kingston (Lot 31), Queens, Prince Edward Island. This transcription is published by kind permission of the Prince Edward Island Public Archives and Records Office, who have microfilm copies of the will registers in their collection, reference R.G.6.2, Series 1, Wills, Vol. 8, pp.597-600. The original registers and wills are held by the Estates Division of the Supreme Court of Prince Edward Island in Charlottetown. This transcription is also included in the PEI Wills Database on the Prince Edward Island Register website.

This is the last Will and Testament of me William Cruwys of Township number thirty one in Queens County Prince Edward Island, Farmer. I desire that my just debts and funeral expenses and other charges of proving and executing this my last will be in the first place paid and discharged and as to all my worldly Estate and effects whereunto it has pleased God to bless me I give devise and bequeath the same as follows, that is to say, I give devise and bequeath unto Charles Colwill of Township number thirty one aforesaid and James Jewell of Township number thirty-two, both in the said Island, Farmers and to their Heirs Executors and Administrators, all and singular my real and personal Estates whatsoever to which I shall be in any manner entitled at my decease, with their and every of their rights and appurtenances, to hold the same and every part thereof unto the said Charles Colwill and James Jewell their Heirs Executors and Administrators upon Trust nevertheless in the first place to provide therefrom for my beloved wife Sarah Cruwys in all the necessaries of life during the term of her natural life or so long as she may remain my widow. Secondly, upon Trust to convey by Deed of conveyance in fee simple unto my eldest son James Cruwys his Heirs and Assignees Fifty acres of land on the west side of the farm I now reside on and which said fifty acres joins Richard Cahill's East boundary, the aforesaid fifty acres of land to be conveyed as aforesaid as soon as my said son James pays off or causes to be paid off to Alexander Lexon [?] the sum of one hundred and fifty five pounds now owing by me to him with all interest that may accrue thereon after my decease, it is my will and pleasure that this said foregoing mentioned payment be made and satisfied within three years after my decease; and I order and direct that my said Son James shall be at liberty to seed and work my said farm during the aforesaid three years in order to assist in paying off the aforesaid debt of one hundred and fifty five pounds, and with liberty to reside in my present dwelling house on said farm during the said three years for the purpose of working said farm as aforesaid; And I order and direct that all produce raised on the said farm during the said three years after my decease shall be at the disposal of my said Trustees (with the exception of what may be required on the said farm for the family use and stock thereon) towards paying off the said debt and the support of my said wife and also my son Augustus Cruwys as hereinafter mentioned. I also direct that my said son James shall in common with the rest of my Sons have the use of the horses, all livestock and farming implements on the said farm during the said three years as aforesaid for the purpose of working the said farm, save and except such portion of the same as may be desposed of as is hereinafter mentioned and in the event of the said sum of one hundred and fifty five pounds not being wholly paid off and satisfied at the expiration of the three years as aforesaid, I order and direct that my said Trustees or the Survivor of them, or the Heir Executor or Administrator of such survivor do and shall with all convenient speed thereafter sell and convey or dispose of in any manner he or they may think proper so much of the said fifty acres of land hereuntobefore mentioned to be conveyed to my said son James as will pay off and satisfy the aforesaid debt of one hundred and fifty five pounds and all interest thereon. Thirdly upon Trust to convey by Deed of Conveyance in fee simple unto my son George Cruwys Fifty five acres of land being part of my said farm and adjoining the Eastern boundary of the fifty acres so to be given to my said son James, and fourthly upon Trust to convey by Deed of conveyance in fee simple unto my son William Cruwys the eastern fifty five acres of my said farm the said two last mentioned conveyances not to be executed by my said Trustees until my son the said William Cruwys shall have attained the age of twenty one years and in the meantime my said two last mentioned sons to assist their mother in every proper way in their power. It is also my will and pleasure and I specially direct that in all Deeds of Conveyance as aforesaid mentioned to be given by my said Trustees to my sons James and William or either of them, a clause or covenant shall be inserted in said Deed or Deeds freeing my said son George from all damage whatever that may happen or arise by or through him the said George Cruwys his Heirs or Assignees raising the water or stream running through or upon the said lands of them the said James and William Cruwys or either of their Heir Heirs or Assignees. I also will and direct that my said Trustees and the Executrix of this my will shall have full liberty and they are hereby empowered after my decease and during the minority of my son Augustus Cruwys to take off the proceeds of the produce of my said farm a sufficient sum yearly to educate support and place my said son Augustus aforementioned to any trade which said Trustees and Executrix and the said Augustus Cruwys may agree upon. I also will and direct that my said Trustees do at the expiration of three years after my decease cause to be paid off all or any part of my Estate to my daughter Emma Cruwys the sum of twenty pounds, and also cause to be paid to my daughters Matilda and Sarah Jane in the same manner as they severally and respectively arrive at the age of twenty one years the sum of twenty pounds each. With regard to my present stock and implements of farming now on my said farm, it is my will and pleasure that my said Trustees shall at any time after my decease make sale of and dispose of the following namely two thirds of the sheep Millners patent sowing drill or machine; six cows my two year old Bull Two Horses, namely Samboe and Clyde, mowing machines, threshing mill and wheel horse rake and the proceeds of said sale of stock and implements to be paid to my said wife for her sole use and benefit; and lastly in the event of the death of any one or more of my said sons and daughters before receiving their several and respective shares or bequests I will and desire that the share or shares of those so becoming deceased as aforesaid shall be equally divided between the survivors of them. I hereby revoke all former and other will or wills by me at any time heretofore made and do declare these present to be and contain my last will and Testament written on four sides of paper. I constitute make and appoint my said wife Sarah Cruwys and my said Trustees Charles Colwill and James Jewell Executrix and Executors of this my last will and Testament. In witness whereof I have hereunto set my hand and seal the nineteenth day of August A.D. 1873.

This will was proved on the 28th October 1873 on the oath of Charles Colwill a subscribing Witness and on this same day Probate was granted to the Executors therein named.

Charles Young
Judge of Probate

[?] indicates that there is some doubt about the interpretation of the preceding word.