© 1997 Catherine Di Pietro
1784. Will of John George BOUTILIER, Dated 9 March, 1784, Probated 24 May 1784 Lun. # 26 pg.32 or 52, Executrix, beloved wife Catherine, wit. Peter Arenburg and Nicolas Boutiellier. Presented for Probate by George Jeanperian, with Peter Arenburg and Nicolas Boutelier.Top of Page
I Give to my eldest son Frederick, 30 Acre Lot # 26 North West Range Letter A and 1 Town Lot in Strassburger Division Letter E 12, and also 35 acres of his 300 Acre Lot Letter F 6 in Second Division.
Second son, George, the 30 Acre Lot # 25 North West Range Letter A, and 35 acres of the above 300 Acre Lot Letter F #6, and furthur 35 acres of my 300 Acre Lot Letter A-1 in the First Division.
I Give to my son, John Frederick, one 30 Acre Lot in North West Range Letter A-27 and 35 acres of the above said 300 Acres Lot Letter F-6 Second Division.
I Give to my sons, James and David, together the 30 Acre Lot # 28 Letter A in North West Range, likewise to said James, 35 acres of the 300 Acre Lot F-6 Second Division and to David, 35 acres of the 300 Acre Lot # 1 Letter A First Division.
I Give to John Jacques and George Frederick together the 30 Acre Lot #31 Letter A in Northwest Range and to each of them the said, 35 acres from the said 300 Acre Lot Letter F-6, Second Division.
I Give to Joseph and John Peter the 2 - 30 Acre Lots # 29 and # 30 in North West Range Letter A and also the 30 Acre Lot with the House or Building thereon in North West Range Letter A-22, and I Give them, the said Joseph and John Peter, the Oxen, Cart, Plow and other Tools belonging to Husbandry ? with the Iron Stove, with all the other Cattle on Condition that both the said Joseph and John Peter shall give one Cow to each of my 3 daughters, Catherine, Susannah and Margareth, as soon as their mother shall die or before her death if convenient, and I will that my youngest daughter Margaretha, shall live in my house until she marries, and in the meantime may plant for her own use on some part of my land and shall be provided with a bed and one of the admoires in the room, and furthur the said Joseph and John Peter, are likewise to divide between them the remainder of the 300 Acre Lot in the First Division Letter A # 1.
And to my 3 daughters Elizabeth, Catherine and Susannah, I give the Remainder of the 300 Acre Lot F # 6 in the Second Division to Be Divided by them.
Likewise, I Give to the said Joseph and John Peter my Part of Land in Margareth Bay; and John Jacque, George Frederick and David and my youngest daughter Margaretha shall have Part with John Urban Jeanperien in Another Tract of Land of said Margareth Bay, and my daughter Susannah shall have 60 acres with them.
Lastly it is my Will and I Do Hereby Appoint my beloved wife, Catherine, Executrix of this my Will and that she shall be Mistress of the Whole Estate during her life with Restriction that in case she shall marry again she shall not dispose of any body of the substance or any part thereof belonging to my children.
1838. Will of James Boutelier, South West Cove, Trader, Dated 23 Oct.1838, Probated 1838, wit. Thomas Holland, George Awalt and Jacob Cole.Top of Page
First, I Give and Bequeath to my Grandchildren, being 4 daughters and 1 son of my late son James, the 1/2 of a Lot at Indian Harbour, containing about 25 acres, also to my grand-daughter Mary Ann, and my grand-daughter Elizabeth who are also daughters of my late son James the sum of £ 150 each, and to my grandson Isaac, who is a son of my late son James the sum of £ 70.
Also, I Give and Bequeath to my son, George a Lot of Land in North West Cove, County of Lun., known as Lot # 7, also 1/2 of my share of Indian River at the Head of Margaret's Bay, County of Hal., and 1/2 of a 2 acre Lot at the Mouth of said River.
Also, I Give and Bequeath to my son-in-law, John Fraser a Lot of land in North West Cove, Co. of Lun. known as Lot # 6.
Also, I Give and Bequeath to my sons, John and Jacob, the Lot # 1 on South West Island, being the Northern Point of same Island opposite the Horse Island, also to my son John the other 1/2 of Indian River which I own, and 1/2 the 2 Acre Lot at the Mouth of same, and to my son Jacob the other 1/2 of the Lot which I own at Indian Harbour.
I Give and Bequeath to my son-in-law John Umback a Lot at Tilly's Cove known by Lot 4.
Also, I Give and Bequeath to my Grandsons, James and Francis, what I own of a certain Island, known by the name of Indian Island at the Harbour of the French Village, they being the sons of my late son, Peter.
Also, I Give Demise and Bequeath unto my sons, George, John and Jacob and the Heirs of my late son James, the remaining Part of my Grant, called the Beech Hill at the rear of Croucher's Island.
Also, I Give and Bequeath to my sons, George, John and Jacob, the Western 1/2 of a Tract of Land which I own at White Point, near Aspotogan.
Also, I Give and Bequeath to my son Henry, the Remainder and Residue of my Real Estate at South West and North West Coves, and which will be known by Lot #1 to the North of Tilly's Cove, Lot # 12, a Moisty of Lot # 13, the Lot # 14, a Moisty of the Lot #16, the Lot # 19 and the Lot # 3 on South West Island, also the Eastern 1/2 of the Lot at White Point, with all the Buildings thereon and Privilege of the Water in Front of the same, also 1 Truck, a Plow and Harrow, the 2 Largest Seined Nets and 2 Large Seine Boats and 1 Small Boat, Bark Kettle, 2 Nets, 60 Puncheons, a Stove, a Desk and one Yoke of Oxen.
And my Executors, herein after named, shall at the time of my decease pay off all the Servants, I shall have at that time, the Wages which will be due them, according to their time of servitude and at the Rate of Agreement for Wages and shall give them a Final Discharge.
Also, I Give and Bequeath to my son, John, the Whole of my Clothing or Wearing Apparel.
Also, I Give and Bequeath to my sons, George, Jacob, John and Henry, an Island called Gravelly Island or Cherry Island near Aspotogan.
And at the time of my decease if there should be any fish on hand belonging to me, I give the 1/5 part of the same to my son Henry, the Remainder with all other Movables or Personal Property whatever, I am Possessed of shall be sold at Public Auction, and the proceeds of the same with all Money I may have on Hand and what money is Due me by Notes of Hand, Mortgages or Book Accounts, after Paying all Necessary and Legal Expenses, shall be divided Into 9 equal Portions or Shares, 1 Share shall be given to the Heirs of my late son James, 1 Share shall be given to my son Frederick or his heirs, 1 Share shall be given to my son George or his heirs, 1 Share shall be given to my son John or his heirs, 1 Share shall be given to my son Jacob or his heirs, 1 Share shall be given to my son Henry or his heirs, 1 Share shall be given to my daughter, Susan Fraser or her heirs, 1 Share shall be given to my daughter Sarah Croucher or her heirs, and 1 Share shall be given to my son-in-law, John Umback.
And, I Will and Bequeath, to my son Henry, the Whole of the Land which I own over Water, being part of the Water Grant in South West Cove.
And, their is a 35 acre Lot which I own at La Have in the Co. of Lun., and a 100 acre Lot in the Rear of Lot known by the name of Westhaver's Lot, in the FrenchVillage, and a Lot containing 125 acres at the 9 Mile River, near the Road Leading to Halifax, past Geezer's, the same shall be sold and conveyed by my Executors at the most convenient time and at their discretion and the Proceeds thereof, after paying all Expenses, together with the sum of £ 50 which my son Henry, shall pay out of the legacies before or above willed or bequeathed to him, shall be divided into 8 Equal Shares or portions and given equally to my children and their heirs omitting the Heirs of my son Peter and my son Henry.
I also Constitute, Make and Ordain, Thomas Holland, Esq. and my sons Jacob and Henry, Executors of this my Last Will and Testament. In Witness thereof I have hereunto my Hand and Seal Subscribed and Set this 23 Oct. 1838.
James Boutelier made his mark. wit. Thomas Holland, George Awalt, Jacob Cole.
Be it known by this Present Codicil, that a Yoke of Oxen and the 2 Nets Bequeathed in the Foregoing Will to my son Henry, shall be Sold at Public Auction by my Executors and the Proceeds Divided according to the rest of my Movables or Personal Property, my son Henry having already received the value of the same. Witness my Hand and Seal the 6 th. day of September on the year of Our Lord 1838 in Presence of Thomas Holland, Maurice Hoaruty and George Langille.
1870. Will of Henry Boutilier, Dated 2 Sept. 1869, Probated 5 Jan. 1870, Lunenburg Co., Vol. # 4+5, page 368. Will Books. This is the last Will and Testament of me Henry Boutilier of Bayswater in the County of Lunenburg and Province of Nova Scotia, Yoeman, being of sound mind and memory and knowing that it is appointed unto man once to die.
I, the said Henry Boutilier Do make and ordain this my last will and testament in manner and form following: namely, Unto my beloved wife Isabel I give all and every my property of whatsoever kind for her use and maintenance during her natural life particularly the house and all its contents in which I now lived to be subject to her unreserverly and it is my Will that on her decease and not before the following portion of this my will shall take effect Subject to her rights.
I give devise and bequeath to my son James Archibald the land and premises he now occupies at Aspotogan Cove and every part therof and also the right to put sheep on Gravelly Island.
To my son Peter I give all the land and premises at South West Cove now in his occupation and also all land and privileges from Joseph Cleveland's line to Clam Point provide nevertheless that my three sons and their heirs namely Henry, Albert and Isaac have reserved a right to fish at South West as heretofore and to have with Peter use and liberty of fish shack, salt shore and the big shore and to my said son Peter I give the fourth part of the lots at South West Point which I have and own there, and to my said son Peter, I give a fourth part of Gravelly Island.
And also to my sons, Henry, Albert and Isaac, I give and bequeath to each of them respectively share and share alike the reserve right to fish at South West together with the use and liberty of the fish stage there, salt shore and big shore; to each one a quarter of the lots owned by me at South West Point for his own use and disposal. To each, Henry, Albert and Isaac, I also give a quarter of Gravelly Island subject however to the right of James Archibald to put sheep upon the said Island. And also to my three sons Henry, Albert and Isaac each one a third part of the home farm consisting of several lots of land, and also all woodlands connected herewith or belonging if ?? and also all houses and buildings thereupon or upon any part of said home farm and to each one a third part of all my movables, farming implements utensils of every description and all cattle and sheep together with the horse and wagon share and share alike among my three sons Henry, Albert and Isaac to each of whom I also give and bequeath a third part of the land at Aspotogan Cove lately occupied by Philip Awalt.
And also to my three sons Henry, Albert and Isaac, I give and Bequeath ?? of them a third of my schooner named James Henry and all to her belonging and [to each of them third part of all my ?oies, nets, boats and fishing gear of all description together wirth all puncheons share and share alike.
To my son James David Boutilier and to my daughter Margaret Cunningham, I now bequeath nothing as they have already had their share. And for the same reason I now bequeath nothing to my daughter Joanna McLean.
Provided always that my executors pay or cause to be paid out of my estate as soon as may be convenient after my decease to my daughter Isabella Umlaw the sum of one hundred and seventy dollars, also to my daughter Mary Conrad one hundred and seventy dollars and to my daughter Angelina one hundred and twenty dollars and when they are of age to my grandaughter Alice Boutilier Sixty dollars and to my granddaughter Isabel Umlah Sixty dollars and to her brother Henry Umlah Twenty dollars. And I bequeath to my daughter Angeline one cow and two sheep and a bed and to my grandaughter Alice Boutilier also one cow and two sheep.
And it is my will that twenty dollars be paid to the Rev. Richard Payne or other Church Ministers who may succeed him to purchase a Set of Communion Plates for All Saints Church, Bayswater.
And I do appoint my sons James, Archibald and Henry to be executors of this my last will and testament hereby requiring them to pay all my just debts and funeral and testament expenses. And I do hereby revoke and disallowel all other wills and testaments by me at any other time made hereby confirming this to be my last Will and Testament. In witness whereof I have herewith set my hand and seal the second day of September One thousand eight hundred eight hundred and sixty nine.
Signed sealed published pronounced and declared by the said Henry Boutilier as his last Will and testament.
Henry Boutilier. in the Presence of us who at his requeast in his presence and in the presence of each other have here unto subscribed our names a witnesses. John Archibald, James Allaway Boutilier, Richard Payne.
Executor Oath. Filed January 5 th. 1870. Probate granted 5 January 1870, John Meisner, Bayswater, said that he was one of the subscribing witnesses to the annexed Will of Henry Boutilier, Bayswater, now deceased, duly executed the same in the presence of deponent and Isaac Allaway Boutilier and Richard Payne, they being then all present with Testor at the same time, and that deponent and said James Alloway Boutilier and Richard Payne did also attest and subscribe the same Will as wirtnesses thereto, in the presence of Testar and of each other. That said Testator was of sound mind and disposing mind, memory and understanding. George Holman, Judge of Probate.
Petition Re Estate of Henry Boutilier, deceased, Filed January 5th,1870. To the Worshipful George Holman Esquire, Judge of Her Majesty's Court for the Probate of Wills and for granting Letter of Administration within and through the County of Lunenburg. The Petition of James A. Boutilier and Henry Boutilier, of Bayswater in the County of Lunenburg, yoeman. Respectfully Sheweth that they are named and appointed executor of the last will and testament of Henry Boutilier late of Bayswater in the County of Lunenburg aforesaid yoeman deceased testate, who died seized and possesseth of goods and Estate in said County hereby it appertain to them to administer said estate according to said will, Whereupon the said James A. Boutilier and Henry Boutilier executors as aforesaid, herewith present the same to your Honor to be proved and recorded as the law directs and hereby accordings by proof that the administration of the said Estate may be granted and committed to them. Dated the 5 th. day of January 1870. James A. Boutilier and Henry Boutilier signed their names.
From Lunenburg County Will Papers 1868-1871, LDS film # D558683, No Index, no pagimation. Court of Probate, Lunenburg.
In the Estate of Henry Boutilier late of Bayswater in the Township of Chester and County of Lunenburg yoeman deceased James Albert Boutilier and Henry Boutilier of Bayswater in the Township and County aforesaid yoemaen, executore of the last Will and Testament of the said Henry Boutilier deceased make Oath and say that the paper writing hereunto mentioned, contain the true last Will and Testament of the said Henry Boutilier deceased as despont ? know or believe and that they will truly perform the same, by paying first the Testator's debts, and then the legacies therein contained as far as the goods chattel and credit of said deceased will extend and the law charge, and that they will make a full inventory of thr Real and Personal estate of deceased, and exhibit the same unto the Registry of said Court, within three months from this date, and render a just and true account thereof when required.
Sworn to at Lunenburg the 5 th. day of January A.D. 1870 before me. George Holman, Judge of Probate. signed by James A. Boutilier and Henry Boutilier.
The Inventory and Appeasements of the Estate of Henry Boutilier of Bayswater in the County of Lunenburg, Yoeman, deceased, taken this day of February 23 A.D. 1870.
Estate at Bayswater $2000.00 Estate at Aspotagan $1000.00 Estate at South West $ 700.00 White Point $ 40.00 Porters place $ 50.00 Gravely Island $ 45.00 1 pair of Oxen $ 40.00 3 Steers @ $11.00 $ 33.00 5 Cows @ $8.00 $ 40.00 5 Calves @ $2.00 $ 10.00 1 Colt $ 28.00 17 Sheep @ $1.00 $ 17.00 1 Cleaning Mill $ 2.00 1 Horse Wagon $ 8.50 1 Ox Wagon $ 8.00 1 Harrow $ 1.50 1 Pitch Fork $ 0.20 1 Pitch Fork $ 0.25 1 Ox Cart $ 6.00 3 Sleighs @.50 $ 1.50 1 Plough $ 2.00 4 Pigs @1.00 $ 4.00 1 Plough $ 0.90 10 Hoes $ .10 $ 1.00 1 Crow Bar $ 0.25 3 Sythes and Handles @.20 $ 0.60 6 Reap Hooks $ 0.12 1 pair of Stilgards? $ 0.50 2 Hauling weges? $ 0.25 3 Fox Traps $ 0.60 1 @.20 + 3 irons @.05 $ 0.35 1 Lead Mould.40 + 1 pr of weighing scales @.25, $ 0.45 5 Paint Brushes @ .05 $ 0.25 9 Fish Knives @.20 + 2 Axes @.20 $ 1.45 2 Draw Knives + 3 Hand Saws @.20 $ 1.00 6 Augers @.20 + 1 Daubing Ax @.10 $ 1.30 1 Cooper Plane @.20 + 3 Carpenter Planes @ .10 $ 0.50 1 Square @.10 + 1 Cross Cut Saw @.50 $ 0.60 4 Manure Forks @.20 + 1 Craut Knife @60 $ 1.40 4 Chisels @ .07 + a Sledge Hammer @.05 $ 0.35 1 Hammer @.10 + 1 Pair of Pincers @ .10 $ 0.20 1 Swivel @1.00 + 2 Wood Dogs @.10 $ 1.20 1 Binding Chain @ .25 , 1 Fourlock @.121/2 $ 0.37 1/2 1 Seine and Boat $ 64.00 1 Seine and Boat $ 36.00 13 Nets @2.00, 7 Net Movers@.40 $ 28.80 3 Whaler Sails @.75 $ 2.25 1 lot of Net Corks@10, 1 lot of Paint Cans @.25 $ 0.35 1 lot of Seine Lead @ .60, 2 Blocks @.121/2 $ 0.65 1 lot of Branding Irons $ 0.50 1 Fishing Troll @1.50, 2 Copper Axes @.10 $ 1.70 3 Buckets @.05, 1 Pitch Pot @.20 $ 0.35 1 Falging ? Iron @.10, 1 Hand Wagon @.1.00 $ 1.10 1 Bark Kettle @ 2.50, 1 Barking Tub @.50 $ 3.00 4 Flax Brakes @.10, 1 Boat @1.00 $ 1.40 1 Boat @1.50, 1 Boat @3.00 $ 4.50 1 Stove @2.00, 1 Stove @1.50, 1 Stove @1.00 $ 4.50 1 Loom and Quilt Wheel $ 4.00 1 Bed Stead @.25, 1 Bed Stead @.50 $ 0.75 1 Bed Stead @.50, 1 Chest @.50 $ 1.00 1 Chest @.50, 1/2 Dog. Chairs @1.00 $ 1.50 1 Arm Chair @.30, 1/2 doz. Chairs $ 0.60 1 Sofa @.50, 1 Tea Board .05 $ 0.55 1 Table .10, 1 Lamp .30 $ 0.40 1 pkg. Glasses .30, 1 Table .50 $ 0.70 3 Benches @.05, 1 Chest .30, $ 0.45 1 Writing Desk 1.00, 1 lot of Books 1.00, $ 2.00 5 Pots @.30, 2 Kettles @.30 $ 2.10 1 Lot of Dishes $ 4.00 1 pair of Candlesticka @ 121/5 $ 4.25 1 Pair of Tongs .10, 1 Shovel .10, $ 0.20 6 Tubs @.10, 1 Grindstone .30 $ 0.90 1 Butter Churn .121/2 plus 1 lot of Forks and Knives .45, $ 0.47 1/2 2 Jars @.20 $ 0.40 1 doz. Pigeons? $ 0.25 Schooner James Henry $ 300.00 1 Spiller ? $ 14.50 1 lot of Dip Nets $ 14.50 1 pair Scales .75, 1 Salt Shovel .50, $ 1.25 6 Cod Lines @.25, 1 Boat 2.00 $ 3.50 111 Puncheons @.20 $ 23.20 5 Wash Tubs @.10, 1 Bark Kettle 1.50 $ 2.00 1 Table $ 0.25 Total ....... $4543.50 1/2 John Meisner, James x Roast, appraisers. We hereby Certify the foregoing papers writing to a ?? of our proceedings relative to the Estate of the late Henry Boutilier of Bayswater in the County of Lunenburg, Yoeman, deceased James A. Boutilier Henry Boutilier Executors. Inventory Re Estate of Henry Boutilier, deceased. Filed March 4 th. 1870. Nova Scotia, County of Lunenburg, LL.
© 1997 Catherine Di Pietro