As transcribed by the
late David Davies (portions he found illegible have brackets)
Film No. 0201748 Land Records, County Stormont, Upper Canada
1808-1816, Vol. C, Page 400, Item No. 268
IN THE NAME OF GOD, AMEN.
To all whom these presents may appear I, George Barnhart of the
Township of Cornwall in the County of Stormont in the Custom District of the Province
of Upper Canada, Innkeeper, being in good health of body and of sound and
disposing mind and memory and being disposed to settle my worldly affairs
whilst I have strength and capacity so today I make, publish and declare this
to be my last will and testament in form and full owing, that is to say, after
the reasonable charges for my funeral, the rest of my property shall be subject
to all just and lawful debts that I may just and lawfully owe at my decease.
After the payment of all heretofore charges mentioned I give and
bequeath to my loving wife the farm whereon I now live, being the west half of lot No. 19 and the east
half of lot No. 20 in part of the Township of Cornwall, together with all
houses and out houses and all my stock of every description on said farm -- and
all farming utensils and implements of husbandry handiterments and
appurtenances herewith belonging or in any wise appurtaining TO HOLD the same
from the day after the day of my decease until my two youngest sons, Charles
and Philip, arrive to the age of twenty-one years; to support, maintain and
educate my said two sons, Charles and Philip, as also my two youngest
daughters, Louisa and Marilla, should she remain my widow; but immediately
after she may marry or in the case of her decease, my said farm with the appurtenances
above mentioned to be immediately taken possession of by my two executors as herein
after [?]. Also I give and bequeath to
my said beloved wife the sum of ten pounds Halifax currency.
ITEM I give and bequeath to my oldest son, Jacob Barnhart, the
farm he is in present possession of, being lot No. [ ] in the second concession
from the town plat of Cornwall, together with all and singular the handiterments
and appurtenances herewith belonging TO HAVE AND TO
HOLD the same with the appurtenances unto the said Jacob Barnhart,
his heirs and assigns to the sole and proper use, benefit and behoof of the
said Jacob Barnhart, his heirs and assigns forever.
Also I give to my said son, Jacob, lot No. 11 in the 3rd
concession of the Township of Roxborough in the eastern district of Upper
Canada, together with all and singular the handiterments and appurtenances
therein to belonging, to have and to hold unto the said Jacob Barnhart, his
heirs and assigns to the sole and proper use, benefit and behoof of the said
Jacob Barnhart, his heirs and assigns forever.
Also I give and bequeath to my said son Jacob a part of the island
known by the name of Barnhart's Island, laying in the St. Lawrence opposite the
Township of Cornwall, as follows, that is to say the lot whereon the son's mill
is erected where my said son, Jacob, now lives and is in possession [?] to
extend to the center of the island and from hence to the upper end or west end
of the island and from thence down to the River St. Lawrence on the north side
of said island to the west boundary of said same mill lot adjoining to my son
William George Barnhart's lands, to have and to hold the same with the
buildings hereon erected and all other handiterments and appurtenances thereon and belonging to the said Jacob
Barnhart, his heirs and assigns forever subject to the rules or other
regulations unto or lawfully to be enacted from the St. Regis Indians or other
resolves of government in I hold the said island above mentioned by lease from
the said St. Regis Indians.
ITEM I give and bequeath to my son, Nicholas, the farm he is now
in possession of, being lot No. 13 between the first and second concessions of
the Township of Cornwall, together with all and singular the handiterments and
appurtenances thereon and to belonging, to have and to hold the same with the
appurtenances unto the said Nicholas Barnhart, to the sole and proper use,
benefit and behoof of the said Nicholas Barnhart, his heirs and assigns
forever.
Also I give and bequeath to my said son, Nicholas, the one half of
that part or south part of the island above mentioned and co-adjoining to my
son Jacob's as above bequeathed, beginning at east end and or at the joining line
between my son, Jacob, and my son, George, or as above mentioned at the center
of said island and extended to the north extremity of the said island, bounding
upon the said north front of the part bequeathed to my son, Jacob, and taking
in the south side of said island and through [?] until it joins upon the boundary
of the lands heretofore bequeathed to my son, John, and from thence to the
first mentioned boundary in the center of said island, on the boundary line
between my said son Jacob and my said son William George, said part of the said
island so bequeathed to my said son Nicholas to be equally divided in quantity;
my said son Nicholas to have north half of said part as aforesaid TO HAVE AND TO HOLD the same with the
appurtenances thereunto belonging, subject to the same restrictions unto rules
and my relations to the St. Regis Indians on the agreement as above mentioned
to my son Jacob.
ITEM I give and bequeath to my son, Henry, the one-half of the
south part of the island herein before mentioned which said south part above my
son, Jacob, as is described in bequeathing to my son Nicholas, to have and to hold
the same, with the handiterments and appurtenances thereunto belonging, to the
sole and proper use, benefit and behoof of the said Henry Barnhart, his heirs
and assigns forever.
ITEM I give and bequeath to my son, William George, the farm he
now lives on in the island as herein before mentioned, being situate on the
north side of the said island, bounded upon the mill lot herein before
bequeathed to my son, Jacob, to the east boundary line of my said son William
George's farm and on the south adjoining the farm or division line between him
and my son John, TO HAVE AND TO HOLD
the same to the said William George Barnhart, his heirs and assigns
forever, with the appurtenances there unto belonging.
ITEM I give and bequeath to my son, John, the farm he now lives on
on the island as aforesaid, to extend from the west boundary line running from north
to south across said island at the east extremity of the mill lot of my
son Jacob on the north side, and the
east boundary of the south side of said island bequeathed to my sons Henry and
Nicholas, and extending to the east extremity on a line running [?] up the said
island from the east boundary of my son William George's boundary, together
with all and singular the handiterments to and appurtenances thereunto
belonging or in anywise appurtaining, TO HAVE AND TO HOLD the same with the appurtenances
unto the said John Barnhart, his heirs and assigns forever; the said parts of
land bequeathed to my sons Henry, William George and John, subject to the
leases unto and regulations of the St. Regis Indians or the government as set
forth in that part bequeathed to my son Jacob.
ITEM I give and bequeath to my son, Charles, the west half of lot
No. 9 in the first concession of the Township of Cornwall in the Province of
Upper Canada, being part of the farm he now lives on, together with all and singular
the building improvements, handiterments and appurtenances thereunto in any
wise belonging, TO HAVE AND TO HOLD the same with the appurtenances unto the
said Charles Barnhart, his heirs and assigns, to the sole and proper use,
benefit and behoof of the said Charles Barnhart, his heirs and assigns forever.
ITEM I give and bequeath to my son, Philip, the east half of lot
No. 20 in the first concession of the Township of Cornwall in the Province of
Upper Canada, being part of the farm I now live on, together with all the buildings
hereon and other improvements, privileges, handiterments and
appurtenances thereon erected, lying, and being, TO HAVE AND TO
HOLD the same with the appurtenances unto the said Philip Barnhart, to the sole
and proper use, benefit and behoof of my said son Philip Barnhart, his heirs and
assigns forever.
ITEM I give and bequeath to my two youngest daughters, Louisa and
Marilla, the sum of ten pounds Halifax currency each.
ITEM I give and bequeath to my daughter, Mary McDonell, wife of
John McDonell of Osnaburg, the sum of two pounds Halifax currency.
ITEM I give and bequeath to my daughter, Elizabeth Gray, wife of
John Gray, the sum of two pounds Halifax currency.
ITEM I give and bequeath to my daughter, Catherine House, wife of
Peter House, the sum of two pounds Halifax currency.
ITEM I give and bequeath to my daughter, Massa Philips, wife of
John Philips, the sum of two pounds currency.
ITEM I further give and bequeath to my son Jacob the sum of ten
pounds Halifax currency.
ITEM I further give and bequeath to my sons Nicholas, Henry,
William George, and John the sum of five pounds Halifax currency each.
AND I, the said George Barnhart, do hereby nominate, constitute
and appoint my said sons William George Barnhart and John Barnhart to be my executors
to this, my last will and testament, jointly and [?] loving wife managing in
behalf of Louisa, I will that my said [executors?] William George and John
Barnhart shall immediately take possession of the farm I now live on,
bequeathed to my two sons Charles and Philip, together with all the stock,
farming instruments, crops, handiterments and appurtenances thereonto
belonging; and shall reserve the rents and privileges amassing therefrom until
my two sons, Philip and Charles, shall arrive to the age of twenty-one years;
and out of the profits amassing from said premises they, my said executors,
shall take care of and pay the sum of five pounds Halifax currency yearly for
the education of each of my four youngest children: Charles, Philip, Louisa and
Marrilla until they arrive to the age of fourteen years or except they should
marry previous to that period.
ITEM I further will that the residence on the east part of the
island that I have not willed to my sons Jacob, Nicholas, Henry, William George
and shall be equally divided between my two sons Charles and Philip with and with
an [?] for fire wood [?] for their farms.
AND I, the said George Barnhart, do publish and declare this to be
my last will and testament, revoking and disclaiming all former or any other
wills heretofore by me made.
Sealed with my seal this second day of March in the year of our
Lord one thousand eight hundred and eleven.
George Barnhart (L.S.)
Signed, sealed, pronounced and
published and declared by the
said George Barnhart as his
last will and testament
before us who have in his
presence and in the presence
of each other in the reason to
subscribed our names
Michael V. Houghnot
Nathaniel Horton
Joshua Young Cozens
A Memorial to be registered Pursuant to the Laws of the Province
of Upper Canada
[?] will, bearing date the 2nd of March, 1811 and made by George
Barnhart of Cornwall, innkeeper, deceased, of and concerning the following lots
and parcels of land to wit, gives and bequeaths to his loving wife the west half
of lot No. 19 and the east half of lot No. 20 in the first concession, together
with the appurtenances, to have and to hold the same until his two children,
Charles and Philip, arrive the age of twenty-one years or until she ceases to
remain his widow; in the event of either of which happening he gives and
bequeaths the said west half of said lot No. 19 to his son, Charles, and the
east half of lot No. 20 to his son, Philip. To his son, Jacob Barnhart, he
gives and bequeaths the farm in the second concession of Cornwall on which he
now lives to have and to hold the same to him, his heirs and assigns forever
[?] gives and bequeaths to his said son Jacob lot No. 11 in the third
concession of Roxburough and his sons Jacob, Nicholas, Henry, William, John,
Charles and Philip a certain island in the River of St. Lawrence opposite the
Township of Cornwall called Barnhart's Island to be divided among them as
directed by the aforesaid will.
Recorded verbatum in the Register Office of the County of Stormont
the 6th of June, 1811. Also he gives and bequeaths to his son Nicholas the farm
he lives on, being No. 13 between the first and second concessions of Cornwall,
which said will is witnessed by Michael VanHoughnot, innkeeper, Nathaniel
Horton, Esqr. and Joshua Y. Cozens, Esqr. all of Cornwall and is hereby
required to be registered by me, John Barnhart, one of the executors therein
mentioned. Witness my hand and seal this 6th of June 1811.
John Barnhart
(L.S.)
Witnesses
Y Cozens
G.L. Fanand
Registerd at 9 [?] O'clock on the 6th of June 1811 [______]
affidavit Y
Cozens and G.L. Fanand (Registrar)