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- This indenture witnesseth that I John Lepard of the township of Eastgwillimbury in the of York in the Province of Canada, yeoman, being of sound 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 and writings in the nature of last wills and testaments by me heretofore made. My Will is that my funeral charges and just debts shall be paid to my executors hereinafter named. The residue of my estate and property not required for the payment of my just debts, funeral charges, and the expenses attending the execution of this my will, and the administration of my estate, I give, devise and dispose thereof as follows, that is to say, First I give, devise and bequest one half of my estate to Sally Ann Fountain Wife of John Fountain. To have and to hold to her, and to her heirs and assigns for ever. I also give and devise to the said Sally Ann Fountain all my wearing apparel, household possessions at the time of my decease. Second, I give and devise to the children of my grand daughter Matilda Draper, deceased (Wife of Asahel Draper) To Wit. Enos John Draper, Charles Draper, Sarah Jane Draper, and William Roe Draper, the sum of one hundred dollars, to be divided amongst them share and share alike. Third, I give and devise the residue and remainder of my said estate not hereintofore dispersed (end of page 1)
As follows that is to say, First, I give and devise one third part of the said residue of my estate, to these the children of my son John Lepard, deceased, for the benefit of his estate and heirs, namely, Nelson Lepard, Hiram Lepard, Abagail Lepard, Christopher Lepard, Margaret Lepard, Charles Lepard, Eliza Lepard and Thomas James Lepard to be equally divided amongst them share and share alike. Second I give and devise to these the children of my son Even Jones Lepard, deceased, namely, Abagail Lepard, James Lepard, and Rachel Lepard one third more thereof, to be equally divided amongst them share and share alike. Third I give and devise to the children of my son Benjamin Lepard deceased, namely Adam Lepard (Adam?s name crossed out), Matilda Lepard, and Catharine Lepard (Catharine is crossed out too) one third more thereof, to be equally divided amongst them share and share alike.
To have and to hold, to the several legatees hereintofore mentioned, to them, and to their heirs and assigns forever.
And I hereby order my hereinafter appointed executors to pay out of the funds of my said estate, my funeral charges and just debts, and after deducting these from all necessary expenses attending the execution of this my will, the administration of my estate, and satisfactory remuneration for their time and expenses in the administration thereof, and pay over the balance whatever it may be, to the devisees hereinbefore named, as, and for the purpose hereinbefore mentioned, to them, and to no one else, all others that would --- -----heir a portion of my said estate --------(end of page 2) were it not for these presents, being expressly excluded, and my will is further that if any of the devised hereinbefore named are not of age at the time of the distribution of my estate, then, all such ?deemed sums? Bequeathed to each of them is are not of age, shall be retained by my executor until such devise shall be of age, when the sums shall be paid over to them with reasonable use from the time of the general distribution of my said estate and I hereby empower my executors hereinafter named, to do every matter and thing necessary to be done in the administration of my estate, in as full and ample a manner as I could myself, were I living at the time, and in such manner and at such time as to them shall seem ?nice?, and I do hereby make constitute and appoint, Robert Rose, Thomas Wayling, and William Selby executors of this my last will and testament.
In testimony whereof I the said John Leopard (note spelling!) have hereunto subscribed by and affixed my seal this twenty second day of December in the year of our Lord one thousand Eight Hundred and Sixty two. SEAL
John X (his mark) Lepard
Signed, sealed, published and declared in the presence of us whose names hereinto appear as Witnesses; and we the undersigned did in the presence of each other hereinto set ?hereby? our names as Witnesses in the presence of the said John Lepard and, at his request, did at the same time declaring the foregoing instrument to be his last will and testament.
John Moore ?residing in the township of Eastgwillimbury in the of York, yeoman
James Henry of the same place, yeoman
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- Aft 1862
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