Last Will & Testament of Alexander McDonald

Transcribed 07 Sep 2006 by Mark & Betty Waldron from a photocopy of the original will obtained at the Sir John Johnson House archives in Williamstown, Ontario, Canada.

In the name of God Amen.
I, Alexander MacDonald of the Town-
ship of Charlottenburgh in the County 
of Glengarry one of the United Counties 
of Stormont Dundas and Glengarry 
in the Province of Canada ______,
being weak in body but of sound mind
and memory yet sensible of the un-
certainty of human life do make this
my last will and testament of all
the property whereof I am anywise 
seized or possessed either in possession
or rev_sion at the time of my death 
Firstly, that is to say, my will is that 
all my lawful debts may be paid as 
soon as possible after my decease 
I give and bequeath to my son Duncan 
Macdonald the farm on which I 
reside known as that part of lot number 
twelve north of the south Branch in the 
second concession south of the River 
Aux Raisins in the Township of Char-
lottenburgh in the County of Glengarry
and Province of Canada containing 
by ad__ment one hundred acres 
of land be the same more or less
together with all my moveable property 
of every description to have and to hold 
the same to him his heirs and 
assigns forever Provided always 
that the future provisions and clauses 
of this my last will and testament be 
observed and performed Secondly 
I would wish my said son Duncan 
to remember and always bear in mind 
that after my death he will be the sole 
protector of his sisters so long as these 

latter remain unmarried under 
this roof which was mine and now 
is and further I instruct him to act 
in that loving and brotherly manner 
I would have wished him to do in 
my lifetime towards his sisters 
Thirdly with regard to my daughters 
lawfully begotten Marjory Macdonald  
Mary Macdonald Anne MacDonald 
Elizabeth Macdonald and Catherine MacDon-
ald the youngest I desire and wish 
that so long as they remain unmarried 
all or any of these my daughters should 
have a home under the roof and in 
the house of their brother Duncan 
inheriting my lands as above 
mentioned But in case that any of 
my daughters above mentioned should 
be subjected to ill or improper treat-
ment on the part of their brother Duncan 
his wife or his heirs or family such 
daughters of mine shall have a right to be 
paid five pounds currency per annum 
and the executors of this my will and 
testament are to be the judges in this 
matter whether such daughter be ill treated 
or not and further if after said ex-
ecutors should be divided in opinion 
as to whether such daughters be ill treated 
or not and further if the said executors 
should be divided in opinion as to 
whether such daughter be ill treated 
a majority of the said executors shall 
have the power to decide as to that 
point and further in all cases of dis-
putes that may arise between my said 
son his heirs wife or family on the one 

part and all or any of my said 
daughters on the other I hereby con-
stitute my executors or a majority 
of them the arbiters and judges so 
long as such dispute shall relate 
to my children’s respective share of my 
property and that my daughter or 
daughters remain unmarried Fourthly, 
If the executors or a majority of them 
should consider the fault to have been 
on my daughter’s side the above men-
tioned five pounds are not to be paid 
per annum to such daughter in case of 
disputes arising between her and her 
brother my son Duncan his wife 
heirs or family but if on the other hand 
the executors or a majority of them 
should decide that my daughter 
is in the right - then the five pounds Cy [sic]
per annum shall be paid by her 
brother my said son Duncan or his 
heirs h inheriting my land xe [sic] 
Fifthly I wish it to be clearly understood 
that all or any of my daughters while 
remaining unmarried under the roof of 
their brother my said son Duncan 
are strictly bound to perform their just 
and reasonable share of all house 
and field work and as I have appointed before 
the executors or a majority of them are to decide 
who is right in any dispute between my male and 
female children as to work or ill usage and in 
case of the point - being decided against any daughter 
she is to forfeit her five pounds per annum. But, 
if decided by them in her favour she has no longer 
any claim on her brother my said son Duncan 
or his heirs, on payment of the said five 

pounds yearly: if any of my daughters think proper fit 
to go to service, they are at liberty to do so, but unless 
driven by improper treatment from home by their 
Brother or his heirs, they have no claim to the five 
pounds yearly: But if all or a majority of my 
above mentioned daughters should be considered 
by the executors or a majority of them to have 
had just or sufficient cause from ill or improper 
treatment to quit the house of their brother or his 
heirs, then the above mentioned daughter or a 
majority of them shall have a right to a fourth 
part of the produce of the farm, so long as they 
remain unmarried and their brother or his heirs 
shall build them a house fit to live in upon  the 
West Half of the Lot bequeathed to my Son Duncan 
and shall supply the with a sufficient quantity 
of fire wood and fit for their reasonable use. 
Sixthly: my son Duncan is held to have my 
youngest daughters Elizabeth and Catherine so 
educated that they may be able to read and 
write the English language perfectly, and to have 
a sufficient knowledge of Arithmetic. Seventhly
my said son Duncan or his heirs inheriting my 
land __ shall give with each of my said daughters 
when they think proper to marry a marriage 
portion of one cow, four sheep, and a bed, 
if his - or his heirs circumstances - do not admit 
the bed may be omitted, but the cow and the sheep 
must be given, Marriage of course releases the 
brother from all the sister’s claims, but while 
unmarried they have a right to a home in their 
Brothers house and his heirs after: Eighthly: I 
nominate and appoint Duncan Macdonald 
the son of my late brother John, Duncan 
MacDonald of Martintown, the son of my late 
brother Duncan and my esteemed friend Angus 
MacDonald Junior, commonly called Young Angus

of the South Branch, my executors in order to 
Execute faithfully the provisions, clauses and 
conditions of this my last Will and Testament 
Lastly, I earnestly direct my said son Duncan to 
Exercise a conciliating spirit towards his sisters, 
and I hereby empower the above mentioned Executors 
to decide finally in disputes between them, with 
regard to usuage, house or field work, or 
marriage portion: hereby canceling any wills 
heretofore by me made.
	In testimony whereof I have herewith set 
my hand and seal at Charlottenburgh this sixteenth 
day of November in the year of our Lord one 
thousand eight hundred and sixty one
Signed Sealed published		}
pronounced and declared		}
by Alexander Macdonald 		}
It be his last Will and Testament 	}
in the presence of us who have 	} 
in the presence of one another 	} (Sd) Alexr McDonald LS[?]
hereto set our names 		}
(Sd) 	Thomas McDonell 		}
 "   	Dd Macdonell			}

County of Glengary  }  I Thomas Mc
		To wit- }  Donald  of the
			 }  Village of Williamstown
In the County of Glengarry Hotel 
Keeper make oath and say 
1. That I was personally present and 
did see the within proper writing original
last will and testament of which the
within paper writing is a true copy 
duly signed sealed and executed 
by Alexander McDonald the testator 
as and for his last will and testament 
2. that I this def____ and one 
Donald McDonald subscribed our 
names as witnesses to the said will 
in the presence of each other and 
in the presence and at the request 
of the said testator

Sworn before me at
Alexandria in the County
of Glengarry this 9th day	Tho M cDonald
of December A.D. 1872

[signatures]  	R___
		A Ci___