| Notes |
On the 1852 Census of Etobicoke, York, Canada West are:
Isaac Maxwell, Farmer, Born England, Church of England, Married, Aged 50, Male
Mary Maxwell, Born England, Church of England, Married, Aged 44, Female
John Maxwell, Labourer, Born Canada, Church of England, Single, Aged 20, Male
Isaac Maxwell, Labourer, Born Canada, Church of England, Single, Aged 18, Male
Dianah Maxwell, Born Canada, Church of England, Single, Aged 14, Female
Joseph Maxwell, Born Canada, Church of England, Single, Aged 3, Male
Turn over for Cert of Registrar
Surrogate Court of York
Copy
of Letters Probate of
The Last Will and Testament
of Isaac Maxwell Senior
of the Tp of Etobicoke
Farmer
Register on Lot
21, 4th Con. Walpole
1-05 P.M.
Enregisterd Liber XIX
Folio 425
No. 3253
Township of Walpole
and No. 207
General Registry
Township of Walpole XIII
1-05
207
George S. Colter, Depty
1-05 P.M. May 15/78
County of York to Wit
I Catharine Paul of the Village of Weston in the County of York, spinster, make oath and say - That the within is a true copy of the Probate of the Last Will and Testament of the late Isaac Maxwell Senior of the Townsip of Etobicoke in the County of York Farmer deceased.
(sgd) Catharine Paul
Sworn before me at the Village
of Weston in the County
of York this tenth day of
May A.D. 1878
John Paul
A Commissioner
in B R &c
Copy
In Her Majesty's Surrogate Court, in the County of York
Be it known that on the Third day of May, in the Year of our Lord one thousand eight hundred and seventy eight, The Last Will and Testament of Isaac Maxwell Senior, late of the Township of Etobicoke in the County of York, Farmer, who died on or about the Twenty fourth day of April in the year of our Lord one thousand eight hundred and seventy eight, at the said Township of Etobicoke, and who at the time of his death had a fixed place of abode at the Township of Etobicoke aforesaid in the said County of York, was proved and Registered in the said Surrogate Court, a true Copy of which Last Will and Testament is hereunder written and that the Administration of all and singular the personal estate, and effects, rights and credits of the said deceased and in any concerning his Will; was granted by the aforesaid Court to John Maxwell of the said Township of Etobicoke, Farmer; Isaac Maxwell of the same place, Farmer and James Bowman of the Gore of Toronto, in the County of Peel, Farmer; The Executors named in the said Will, they having been first sworn, well and faithfully to administer the same; by paying the just debts of the deceased; and the Legacies contained in his Will, so far as they are thereunto bound by law and to exhibit a true and perfect inventory of all and Singular the Said estate and effects, rights and credits and to render a just and true account of their Executorship; whenever required by law so to do.
Signd L McKenzie
J Surr Court
Signd W Cayley
Registrar
Copy
The Last Will and Testament of Isaac Maxwell Senior of the Township of Etobicoke, in the County of York, and Province of Ontario, in the Dominion of Canada, Farmer.
I Isaac Maxwell Senior being weakly in body but sound of mind and understanding; and being sensible of my mortality; and the uncertain tenure of this life; Do therefore make, publish, and declare this to be my Last Will and Testament in manner as follows; that is to say -
I resign my Soul to God who gave it and body to be decently interred in hope of a glorious resurrection through the merit of my Saviour and as to the worldly estate wher with it hath pleased the Almighty to bless me. I Give and Bequeath as follows, that is to say -
I Will and Direct that my just debts, funeral and testamentory expenses be paid by my Executors out of my estate; as soon as may be after my death -
I Give and Bequeath to my Son William Maxwell The rents, issues and profits accruing from the North Half of the West Half of Lot Number Twenty one in the Fourth Concession of the Township of Walpole in the County of Haldimand and Province aforesaid - To have and to hold the same to my said Son William Maxwell for Maintaining, clothing and educating his family; and for his own, and his wife's maintenance during his natural life; or in the event of his death during the minority of any of his children, then his wife and children to enjoy the same; till the youngest Survivor of his children attains the age of Twenty One -
I Give and Devise to my Son John Maxwell The Northern Half of Lot Number Twenty Four in the Second Concession, Northern Division fronting on the River Humber in the Township of Etobicoke. To have and to hold the same together with the appurtenances to my said son John Maxwell, his heirs and assigns forever; subject to, burthened with, and upon the express condition of my said son John Maxwell his heirs or assigns paying to my grand daughter Mary Ann Kellam, the sum of Fifty dollars, within one year after my decease.
I Give and Devise to my daughter Dinah Bowman Twenty acres, on the West or rear end of Lot Number Thirty Eight in the Second Concession Northern Division Township of Etobicoke aforesaid comprising the whole width of said Lot, with sufficient depth thereof, to make up Twenty acres - To have and to hold the same together with the appurtenances, to my said daughter Dinah Bowman, her heirs and assigns forever.
I Give and Devise to my son Isaac Maxwell all the Eastern portion of said Lot Number Thirty Eight in the Second Concession Northern Division said Township of Etobicoke; comprising all the residue of said Lot after my daughter Dinah has got her Twenty acres thereof as aforesaid containing Eighty acres more or less - To have and to hold the same together with the apputenances to my said Son Isaac Maxwell, his heirs and assigns forever - Subject to, burthened with, and upon the express condition of my said son Isaac Maxwell, his heirs or assigns paying or causing to be paid to my said grand daughter Mary Ann Kellam the sum of one hundred dollars within one year after my death.
I Give and Bequeath to my said daughter Dinah Bowman, all my household furniture, beds, bedding and cooking utensils, to, and for her sole use and benefit -
I Give and Bequeath to my said grand daughter Mary Ann Kellam, the sum of one hundred and fifty dollars, to be paid to her by my Sons John and Isaac Maxwell; at the times and in manner as aforesaid; for which payment I have herein before charged the respective Devises, to my said two sons -
I Give and Bequeath all of my stock, crops and implements of husbandry, and also all moneys, mortgages, notes and obligations, and also all the residue of my estate, real and personal and mixed of what nature or kind soever and not by this my Last Will otherwise disposed of, after paying there out all my just debts, funeral and testamentory expenses, to my son Isaac Maxwell- To have and to hold all of said residue to my said son Isaac Maxwell his heirs and assigns forever.
I Nominate and appoint my two sons John and Isaac Maxwell, said Township of Etobicoke, Farmers and my son in law James Bowman of the Gore of Toronto in the County of Peel, Farmer, Executors of this my Last Will and Testament, hereby giving them full power, and authority, to arrange all my affairs, in accordance with this my Last Will and Testament, hereby revoking all my former Wills.
I Give, Devise, limit, and appoint; all and singular that certain parcel or tract of land and premises, Being composed of the North Half of the West Half of Lot Number Twenty One in the Fourth Concession of the Township of Walpole aforesaid; unto the use of John and Isaac Maxwell and James Bowman, my said Executors and Trustees their heirs, executors, administrators, and assigns - To have and to hold unto John and Isaac Maxwell and James Bowman, their heirs and assigns, absolutely for ever subject nevertheless to the charges, and incumbrances if any, now existing thereupon, or affecting the same Upon the Trust to and for the ends, intents, and purposes, following that is to say - That they the said John Maxwell, Isaac Maxwell, and James Bowman and the survivors and survivor of them; and the heirs, executors and administrators respectively of such survivor do and shall within Two years after the death of my said son William Maxwell, to whom I have herein before given a life interest in said property, thus left to them in Trust provided he have no child a minor at his death; But in the event of his leaving such; in such case, within two years after the youngest of such minors, attains the age of Twenty one, absolutely sell and dispose of the said real estate, hereby conveyed to them in Trust; either altogether or in parcels, by public or private sale, and also to buy in at such sale or sales, and resell the same again, and to sell, either for cash or on a short credit, and at such price, or prices, as they may deem advisable; and when sold for my said Trustees, or the Survivors, or Survivor of them, or the heirs, executors, or administrators, respectively of such survivor; to execute whatever Deed or Deeds of Conveyance may be requisite for assuring to the purchaser or purchasers thereof said lands and premises - And also for my said Trustees to grant all necessary acquittances and discharges for all moneys paid to them, on account of said Sale of Sales; and when sold after deducting and retaining thereout all costs and expenses which he or they shall have disbursed or incurred in the performance of the aforesaid Trustees or in any way in relation there to apply the residue to the purchase money of said premises as follows, viz -
I Give and Bequeath all the residue of the proceeds arising from the Sale of said premises, so left in Trust to all the lawful children of my said son William Maxwell, equally, male and female without exception, share and share alike, in all cases, the child or children of any of them that may have died to inherit the share of the deceased parent -
In Witness whereof I have hereunto put my hand and seal, this Twenty eighth day of June, on thousand eight hundred and seventy five -
Signd Isaac Maxwell (LS)
Signed, Sealed, published and declared by the said
Testator Isaac Maxwell Senior, to be his Last Will and
Testament in our presence, who have hereunto
subscribed our names as witnesses, and in pres-
ence of the testator.
signd John Paul
signd Henry Russell
A true Copy
Signd W. Cayley
Registrar
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Rainham Builders
Abt 1801 - 1878 (~ 77 years)