Last Will & Testament of John McCombs A memorial to be registered pursuant to the statute in that case made and privided of the last will and testament of the late John McCOMBS, deceased, in the following goods, to wit : - "This testament witnesseth that I, John McCOMBS of the Township of Grantham, in the County of _____ and Province of Canada _____ , being of sound and disposing mind, memory, and understanding, do make, publish, and declare this to be my last will and testament ; hereby revoking and making null and void all former last wills and testaments, also writings in the nature of last wills and testaments by me heretofore made ; - My will is first that my funeral charges and just debts shall be paid by my executors hereinafter named ; - The residue of my estate and property which shall not be required for the payment of my just debts, funeral charges and the expenses attending the execution of this my will and the administration of estate, I give, devise and dispose thereof as follows, to wit ; - First I give and devise to my beloved wife Magdalen McCOMBS, the use and disposal of my personal property for and during her natural life, excepting and reserving the farming tools and implements on my homestead farm ; also and further a good and comfortable maintainence for and during her natural life, the same to be furnished her by my two sons, Timothy and John McCOMBS in equal proportions ; - Secondly I give and devise to my daughter Eliza Jane the sum of twenty-five pounds currency to be paid her, her heirs or assigners within three years from and after my decease by my two sons, Timothy and John, in equal proportions ; - Third I give and devise to my daughter Susan, the sum of twenty-five pounds currency to be paid her, her heirs and assigns within four years from and after my decease by my two sons Timothy and John in equal proportions ; - Fourth I give and bequeath to my daughter Anne, the sum of twenty-five pounds currency to be paid her by my two sons Timothy and John in equal proportions within five years from and after my decease ; - Fifth I give and devise to my daughter Matilda, the sum of twenty-five pounds currency to be paid her, her heirs and assigns by my two sons Timothy and John in equal proportions within six years from and after my decease ; - Sixth I give and devise to my daughter Sarah Sophia, the sum of twenty-five pounds currency to be paid her, her heirs and assigns by my two sons Timothy and John in equal proportions within seven years from and after my decease ; - Seventh I give and devise to my daughter Amelia, the sum of fifteen pounds currency to be paid her, her heirs and assigns by my two sons Timothy and John in equal proportions within eight years from and after my decease ; - Eighth I give and devise to my daughter Margaret Magdalen, the sum of twenty-five pounds currency to be paid her, her heirs and assigns by my two sons Timothy and John in equal proportions within nine years from and after my decease ; - Also and further I give my said daughter Margaret Magdalen one cow and moderate setting out when and at the time she shall marry ; - Nineth I give and devise to the children of my late daughter Mary, the sum of twenty-five pounds currency to be paid to them in equal proportions by my two sons Timothy and John within ten years from and after my decease ; - Tenth I give and devise to my two sons Timothy and John McCOMBS, their heirs and assignes, all that mesurage or tenecruent situate lying and being in the Township of Grantham aforesaid containing by admeasurement one hundred acres more or less, being composed of lot # 16, in the ninth concession of the Township of Grantham aforesaid, the same to be equally divided north and south between them my said sons, Timothy and John McCOMBS ; to have and to hold to them and to their heirs, executors, administrators and assigns to their use and behoof forever ; also and further I give and bequeath to my said sons Timothy and John the lands in the Township of Moulton, in the County of Haldimand, for which I hold the bond of Henry John Boulton, being composed of lot # 9 and the north part of lot # 8 in the third cross concession in the said Township of Moulton, on condition that they Timothy and John do and shall pay and satisfy the said Henry John Boulton the money due and unpaid on said lands ; also and further give and bequeath to my said sons Timothy and John, all and every my farming tools and implements ; - and there bequests are upon these express conditions, that my said sons Timothy and John do and shall well and truly pay, satisfy and discharge all and every the payments and impositions hereby imposed on them the said Timothy and John without fraud or other delay ; - Eleventh I give and bequeath to my son James, his heirs and assigns all and singular that certain measurage or tenecruent situate, lying and being in the Township of Walsingham, in the County of Norfolk and Province of Canada, containing by admeasurement fifty acres be the same more or less, being composed of part of lot # 5, in the seventh concession of the Township of Walsingham aforesaid ; to have and to hold to him, and to his heirs, executors, administrators and assigns to his and their use and behoof forever ; upon the conditions nevertheless, that should my said son Jmes decease without lawful issue, then and in that case after his the said James decease the same to be sold for the best price that can be obtained for the same and the proceeds divided amongst my surviving children. Twelve I give and bequeath to my son Jacob, his heirs and assigns all and singular that measurage or tenecruent, situate, lying and being in the Tounship of Moulton, in the County of Haldimand and Province aforesaid containing by admeasurement one hundred acres be the same more or less, being composed of lot # 9, on the south side of the Forks Road, in the said Township of Moulton, to have and to hold to him and his heirs, executors, administrators and assigns to his and their use and behoof forever ; - And it is further my will and I do order and direct that my two sons Timothy and John do and shall each have the free use of the stone quarry on my homestead farm for and during their natural lives ; - and I do nominate and appoint my sons Timothy and Jacob executors and my said wife executrix of this my last will and testament ; - In testimony whereof, I the said John McCOMBS have hereunto subscribed my name and affixed my seal this twenty-ninth day of September, in the year of our Lord, one thousand eight hundred and fifty-five ; - [Signed] John McCOMBS Signed, sealed and declared by the said John McCOMBS to be his last will and testament in presence of [signed] and [signed] Robert DODDS, who at his request and in his prsence have subscribed their names as witnesses hereto in the presence of each other ; -" Which said last will and testament is witnessed by - of the Town of St. Catharines, in the County of Lincoln and Robert DODDS of the Township of Grantham in the said County of Lincoln ; - And this memorial therof is hereby required to be registered by one of the devisers therein named ; - Witness my hand and seal the fifteenth day of September, in the year of our Lord, one thousand eight hundred and sixty-five. Six Signed and sealed in the presence of Robert DODD Jacob McCOMBS Alf