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POINT ABINO EZEKIEL
Ezekiel Dennis of Lincoln County made out his will on the 26 Feb 1797 naming his oldest son Obadiah Dennis and his third son Nathaniel Dennis, leaving them the rights and profits on Point Abino. He also names his other son and daughters, William, Julia, Sarah, Rachel, Elen, Hannah, and Catharine. He mentions his wife without naming her. Probated Niagara 12 Aug 1803
Ezekiel Dennis' Will:
In the name of God Amen I Ezekiel Dennis of the Province of upper Canada, County of Lincoln within the township of Bertie being in perfect mind and memory, thanks be to god given unto God calling unto mind the mortality of any body and knowing that it appointed for all men once to die, do make and ordain this my last will and testament that is to say principally and first of all I Recommend my sol into the hands of almighty god that gave it and my body I so command to the Earth to be Buried On decent Christian burial at the discretion of my Executors. Nothing doubting but at the general resurrection I Shall receive the same again by the mighty power of god, and as touching such worldly Estate wherewith it has pleased god to bless me in this life I give demise and dispose of the same in the following manner and form
First I give and bequeath to my oldest son Obadiah Dennis and Nathaniel Dennis my third Son my Rites and possessions on point Ebino beginning below where Obadiah Dennis house opposite the road at the Park and running along the road, to the west Side of the point let there be more or less found in the survey. To be divided between the two, Obadiah is to have from the aforesaid line to the hill and between my house and Obadiah running through to, the west Sid of the point North of their tract and the remainder from the aforesaid hill to Nath Dennis South of the aforesaid land with my house and Improvements to, the aforesaid Nathaniel Dennis or his heirs Executors or administers I do give and bequeath to the fore said Obadiah Dennis and Nath Dennis to them and their heirs Executors, Administrators to hold and have forever the promises buildings tenements by them to be possessed and enjoyed and if so be that government has ______ the aforesaid land then they are to have each of them the site of one hundred acres apiece to take and say where they shall choose themselves to them or their heirs Executors and administrators forever to hold the aforesaid Nath Dennis is to hold the place by virtue of a former article the lifetime of his mother.
Secondly I do give and bequeath to William Julia Sarah Rachel Elen Hannah Catherine my son and Daughters the Remainder of my land with my cattle and household furniture to them their heirs Executors administrators fore ever to be by them freely to be possessed and to be Equally Divided between them the seven after the decease of my loving wife all my property is to continue on as is until the decease of my wife Nathaniel is to give her one half of the profit of the place during her lifetime after her decease the one half of the cattle and hog, and grain that is on the place is to belong to Nath Dennis according to an article contained into the year 1792 at the decease of my wife then this is to take place the land is to be Divided at any time after my decease.
I do hereby make this my last will and testament I make and ordain my trusty friend, Obadiah Dennis James Edsall Nathaniel Dennis my Executors to my Last will and testament, In writing, who of I have hereunto Set my hand and Seal this twenty Sixth day of February 1797
his
Ezekiel X Dennis
mark
Signed Sealed Published
Pronounced and Declared
By the said Ezekiel Dennis
as his Last Will And Testament
in the Presents of us in who in his
presents and in the presents of
Each other herto have subscribed
our Names
Michael Sherck Daniel Forsyth
1803 Probate
Surrogate Court
District of Niagara
Province of Upper Canada
Be it Remembered that on the 12th day of August in the year of our Lord One Thousand Eight Hundred Three Personally appeared before me Robert Kerr District Judge of the Surrogate Court, Michael Sherk, and Daniel Forsyth the Two Subscribing Witnesses to be the above Last Will and Testament of Ezekiel Dennis who did declare that they were Personally Present and saw this Will signed by said Ezekiel Dennis Deceased.
Done at Niagara as aforesaid
Michael Sherk
Daniel Forsyth
Robert Kerr
Surrogate
District of Niagara
This is to certify that Obadiah Dennis & James Edsall & Nathaniel Dennis Executors to the Estate of Ezekiel Dennis has acted contrary to the will and to our Consents and Contrary to the Proposals that was maid before the will was Proved and therefore it is our request that it shall be rectified agreebal to the will to this wee have set our hand this Sixteenth of September in the year of our Lord One Thousand Eight hundred & three
Sarah Row
Rachel Luse
Daniel Forsyth, Catharin Forsyth
It is our reques that William Dennis is to present this to the honourable Judg of the Surrogate in our behalf that we are writing to make oath to this above mentioned.
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