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Re: Bryan Spike's Will
Posted by: valerie Date: August 07, 2001 at 11:45:20
In Reply to: Bryan Spike 1774 Yorkshire-1841 Ontario by Valerie of 101

Will of Bryan Spike 29th December 1840

In the name of God, Amen. I, Bryan Spike of the Township of Portland in the County of Frontenac in the Midland District Yeoman, considering the uncertainty of this Mortal Life and being of sound mind and memory, Blessed by Almighty God for the same, do make and publish this my last Will and Testament in manner and form following (that is to say) I give and devise unto my son Alexander Spike one hundred acres of land being the front half of lot number eight in the first concession of the Township of Portland with all the buildings and improvements thereon, in full compensation for the improvements where he now dwells, to have and to hold the same to him and his heirs - however I make a reserve. That is, in the event of the decease of my son Alexander Spike without leaving any lawful issue. In that case that part of my estate granted to him by this will, I grant and devise to my son Bryan Spike or to my oldest surviving son to his heirs and assigns forever to have and to hold the same.—

I further give and devise unto my son Bryan Spike the whole of lot number fourteen in the sixth concession of the Township of Portland, and likewise fifty acres of land being the south part of the rear half of lot number eight in the first concession of the Township of Portland to have and to hold the same his heirs and assigns for ever –

I also give and devise unto my son Moses Spike one hundred acres of land being the front half of lot number seven in the fifth concession of the Township of Portland to have and to hold the same to his heirs and assigns for ever –

I also further give and devise unto my sons Aaron Spike and James Spike one hundred acres of land being the rear half of lot number seven in the fifth concession of the Township of Portland and also two hundred acres of land being the whole of lot number seven in the sixth concession of the said Township of Portland, and all my farming stock and implements of husbandry I give and bequeath unto my sons Aaron and James Spike and their heirs – subject however to the following conditions to be done and performed in manner and form as follows—

Therefore I also further give and devise five pounds unto each of my daughters, to Sarah Lacock, Elizabeth Wood, Permela Wood, Rachel Wood, Ann McGinnis, Catherine Scott, and Miriam Purday. Amounting to thirty five pounds to be paid equally to each of them by Aaron or James Spike at the end of twelve months after my decease—

And lastly I further give and bequeath unto my Loving Wife Mary Spike all my household furniture and also the privilege of the house where she now dwells undisturbed or incumbered and likewise a suitable maintenance as hereinafter mentioned out of my real estate, during her natural life – and that they the said Aaron and James Spike or any or either of them, may have hold profits enjoy and occupy the same for and during the natural life of their mother Mary Spike my wife yealding [sic] unto her yearly and year a sufficient quantity of food and clothing as may be required for her support and maintenance and every other reasonable quantities of necessaries which she may require for her health and comfort, as may be considered proper for a person in her situation in life:-- and if any dispute should arise between any or either of the parties the case to be referred to my executors or any other person indifferently named by the parties.

An when it shall please Almighty God to call from this world my beloved wife Mary Spike mother of the said Aaron and James Spike then and not till then the aforesaid conditions being complied with, conformable to my intent and meaning; the said Aaron and James Spike my sons; have full right and title to the said lands hereby devised to them. To have and to hold the same their heirs and assigns for ever –

Furthermore that in the event of the decease of either of my said sons Aaron or James Spike without leaving any lawful issue. In that case that portion of my Estate granted to either of them by this will; I grant and devise to the survivor of them, to his heirs and assigns for ever to have and to hold the same, --

I also appoint John Herchimer of the Township of Portland Yeoman and John Goldsmith of the same place Yeoman executors to this my last will and testament hereby revoking all former wills by me made.

In witness where of I have hereunto set my hand and seal the twenty ninth day of December in the year of our Lord one thousand eight hundred and forty. Signed sealed, published and declared by Bryan Spike to be his last will and testament.

In the presence of
W. Simkins, Thomas Denison, William Denison
       
Bryan Spike (Signed)

Will was duly Registered in the Registers Office of the County of Frontenac at the house of the clerk …..in Book A-A of Wills, Memr; Nov 4, Pages 10.11.12. Original copy of the will was in the possession of H. Victor Spike who made the typed transcription.

Bryan Spike died Jan 1841


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