Shavers of Ancaster

(Transcribed from Archives of Ontario Microfilm 566908; Image Group No. 8483120, pages 761-772 by E. Clare Stewart, C & I Military Genealogy 2023.02.20)

N.B.: John's spouse and children are not named in the document, but have been listed in the "People referenced in Document" list.

Henry Shaver of the Townwhip of Ancaster in County of Wentworth and province of Canada farmer being of sound mind and memory do make publish and declare this my last will and testament in manner following to wit-
My will is that my funeral charges and just debts shall be paid by my executors hereinafter mentioned 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 administration of my estate and the execution of this my will I give devise and dispose thereof as follows that is to say
First I give grant devise and bequeath unto my son John Shaver the South part of Lot number ten in the second Concession of the of the [sic] township of Beverly Eighty acres more or less with the appurtenances to have and to hold unto him the said John Shaver for and during the natural life and after his death I give grant devise and bequeath unto my Executors in trust the said south part of the said lot to be leased by them to such person or persons as they may approve and for the best price that they can obtain either in money or in shares of Crops to be by them applied to the support of the Widow of my said son John during her widowhood and for the support clothing maintenance and education of his children until the youngest of his said children shall arrive at the age of twenty-one years upon which event occurring I then will and direct that my executors shall sell and dispose of the said Freehold either by Public or private sale at their option for the best price and upon the best terms that they can obtain and upon such sale to make sign seal and deliver unto the purchaser or purchasers a good and sufficient conveyance in the Law of the fee simple and inheritance thereof with the usual covenants for the proper granting and surrender of the same to the purchaser or purchasers aforesaid their heirs and assigns forever and the money arising from such sale to be divided that is to say one third to the widow of my said son should she continue his widow at the time of such distribution and the remaining two thirds share and share alike among the children of my said son John but in case of the marriage or death of my said son John's widow then the whole proceeds of such sale to be divided among the said children as aforesaid share and share alike the heirs or representatives of any of the said children who shall have died between the time of the decease of my said son John and the time of such division or distribution to be entitled to such share as their respective ancestors would have been entitled to if then living to have and to hold unto my executors in trust as aforesaid and for the purposes aforesaid and for and to no other use and purpose whatsoever
I hereby direct my executors to sell and dispose of my personal property as soon as possible after my decease and with whatever debts may be due my estate together with the money due me from the estate of the late Charles Markle and proceeds after all expenses and debts shall have been paid to be placed at interest until each of my five Grandchildren as hereinafter mentioned shall attain the age of twenty one years
viz Henry eldest son of my son John Henry son of my daughter Lydia and Emory Kelly Henry son of my son Thomas Henry son of my son Daniel Henry son of my son Hamilton to each of which I give and bequeath one fifth of the said money and interest to be paid them at the time they shall attain the age of twenty one years respectively
Transcribed by E. Clare Stewart, C & I Military Genealogy 2023.02.20
Having already provided for the rest of my children to an extent that ought to satisy them I trust the present arrangement of my affairs will be received by them as right and proper and have their concurrence
And I do hereby make and ordain my son Daniel Shaver and my nephew Daniel Shaver Esq. son of my brother William Shaver both of the township of Ancaster in the County of Wentworth in the province of Canada Executors of this my last will and testament
In witness whereof I the said Henry Shaver have to this my last will and testament contained on one sheet of paper set my hand and seal this fifteenth day of December in the year of our Lord one thousand eight hundred and fifty-eight Signed sealed and declared
in presence of us who have
subscribed our names in
the presence of each other
Elijah Mann
Archibald Harley
Henry X Shaver his mark