Box 14-130 ISAAC BALDWIN MCQUESTEN: Last Will and Testament, 1881.
Jan 20 1881
While I do not wish to complicate matters by embodying this in a will, Here I enclose it with the will, and merely append it that it may not be lost, and desire that it may be reclaimed by my wife feeling that she and my daughters may allow it to have severe weight with them.
The remarks that I made on the last page of my former will of 8/12/75.1 I wish my wife, so far as she is concerned, to consider & repeated here. I trust she may be able to again marry happily. From the intense selfishness of the regards of we who cannot be credited to
"not go after the money, but go where the money is."
I ask it as a personal favor, and in the form of a dying request, of each of my daughters that she will have a strict marriage settlement & dowry to which her husband (in contemplation) shall not be or at any time be able to be, a party trustee. A generous man would prefer this. Further, a thorough business man would prefer it as by no possibility risking his wife's estate in any ventures he might himself be embarked. And the objecting to it on his part, in the face of this my request, is evidence amounting to a certainty that his motive is not love but greed. Were I living & able to do it I would settle upon each of my children something on marriage. But it should be in above manner. And if my children hold my memory in any esteem they will do as I ask. It would be impolitic for me at this early date to so tie up by will. But if I live till my children approach a marriageable age I shall certainly so provide. I feel convinced that this is all however that any of my children will ask.
This is the last Will and Testament of me Isaac Baldwin McQuesten of the City of Hamilton in the county of Wentworth, Barrister-at-law.
I revoke all former wills, codicils and instruments of testamentary value whatsoever.
I devise to my darling wife all chattels, books, pictures, household effects, jewelry, horse, carriages, and all chattels except such as are securities for money for her own use absolutely, but with the following reservation:
That she give to my respected partner John Williamson partner all office furniture and books in office, other than those forming parts of sets in my house.
That I give to each four children upon their respectively attaining the age of twenty-one years the following articles as keep-sakes:
To Mary Baker the piano in our drawing room, manufactured by Liedermann & Sons of New York. (This piano I think I gave to my wife. But as I look when everything is here, it is merely that I would like each child to have a memento of me).
To my son Calvin my watch, chain, seals, cuff buttons and Studs, breast-pin and leather dressing case.
To my daughter Hilda-Belle my gold locket with her and her Mother's likenesses in it; my Mother's watch and chain. And I direct my executors hereinafter named to have a heavy, solid gold chain, of cable or other pattern and not less than two hundred dollars in value to be paid for out of estate, to wear with such locket around the neck.
To Ruby Baker my copy of Knights Imperial Shakespeare, The Encyclopoedia Britannica to be completed at the expense of my general estate, if not completed at the time of my death, and the china tea and breakfast set, white with green ivy leaves.
To Muriel Fletcher the table with leaves folding down on each side, now in my drawing-room, and the oil paintings of "Beatrice being led to execution", "A Canadian Scene", "An Alpine Scene" and "Scene in Philadelphia Dock Yards".
My real estate I devise to my executors hereinafter named to be by them disposed of or dealth with as my said wife may direct, and in default of such direction to be so dealth with as they may consider most judicious. They to be not responsible for any loss occasioned by not disposing of the same; my will being that my wife and children have a comfortable home, and that the family residence at the S.W. corner of MacNab and Jackson streets in this City be retained and kept in the family. But by reason of the extreme youth of my children, I feel that it would be unwise in me now to make a specific bequest thereof. And by reason of the speculative nature of will transactions I am now engaged in, I feel that it would not be judicious to state whether the said residence be reclaimed in the family or disposed of.
All the rest and residue of my household estate I devise unto my executors hereinafter named upon trust to continue existing investments or vary some as they may think proper; and as to such as is not in the nature of investments to convert the sums into money; and after payment of just debts, funeral and testamentary expenses, to invest the same upon proper security, and from time to time to vary the security and securities as to them seems proper, and to appropriate the same as follows:-
To pay my dear Father such amounts as he may from time to time personally, but not through his wife, require during his life; and after his death such proportion of a six hundred dollar annuity in favor of his widow, as my brother Calvin Brooks McQuesten may not pay.
To pay my wife the yearly sum of one thousand six hundred dollars in equal quarterly payments, the first forthwith after my decease, until the time hereinafter set forth. Should my said wife require a larger sum for maintenance of herself and children, until the period hereinafter set forth, or by reason of sickness or for the higher education of any of our children, or by reason of removing to my father's present residence it shall be lawful for my said executor to pay her such sum as in addition from time to time as she and they may mutually agree upon.
Any increase not required for above purposes or any of them is to be from time to time added to the principal and treated as such until such time as my youngest child (and this shall be deemed to include any child born subsequent to this date) shall attain the age of twenty-one years, where the entire principal moneys shall be dealt with and distributed as follows: -
The sum of Twenty Thousand dollars shall continue to be invested in the name of my said executors and the increase thereof from time to time paid to my wife during her life. And upon her death the sum is to be by my said executors distributed amongst such of our said children or my said wife may by deed or will appoint; and in default of such appointment then amongst each of our children as may be then living, and if any have died leaving issue, then such issue to take the same share as the parent would have been entitled to if living.
The remainder of the principal moneys to be divided into as many shares as there are children living upon the the attaining of the full age of twenty-one years by the youngest child, unless any child shall have previously died leaving issue, in which case the issue shall take the same share as the parent would have been entitled to if living, and to be paid over to each of such children (and issue of deceased child or children) share and share alike.
The proceeds of realty from time to time sold to be dealt with in the same manner as previously. I authorize and empower my executors to continue the investments I now have in "The Hespeler Manufacturing Company" and "The Canada Felt Hat Company" should they in their discretion see fit so to do. And I direct that, irrespective of the question of these investments being of a nature that executors are legally entitled to make or continue, they shall incur no personal liability by reason of so continuing them. And as my brother Calvin Brooks McQuesten and myself have always wished to keep the estate of our Father undivided and as a single and entire estate to be handed down to the family, unless my said brother should marry and have issue, in which case a partition would be necessary, I direct that my said executors shall incur no personal liability by reason of not partitioning the lands and personal estate now standing in the names of my brother and myself. But if my brother consents that the estate may continue undivided and standing in the joint names of my said executors and my said brother, until the time of distribution among my said children.
I appoint my wife and brother guardians of my infant children.
I appoint my wife, my brother and my friend John Harvey of this City merchant and John Williamson Jones my present partner, executrix and executors of this my will.
In testimony whereof I have herewith affixed my word this twentieth day of January A.D. 1881.
Signed by the said testator and for his last will and testament in the presence of us present at the same time and who in his presence, at his request used in the presence of each other have herewith been described or named as witnesses the words "or by reason of removing to my fathers present residence" between lines 11 & 17 page 3, having been interested, and "poor" on line 21 page 4 erased.
Frank A. Sander of Hamilton, Clerk
James Chisholm of Hamilton, Student-at-law
[Signed] I.B. McQuesten
Valid 20th Jan/81
[Signed] I.B. McQuesten
[Note on cover of Isaac Baldwin McQuesten's will]
I propose at an early day to make another will. I find in there that I speak of investments in my brother's name and mine. Everything except or chanel house & family dwelling house, should be treated as standing in our joint names.
I.B. McQuesten 21/3/82
1 See Box 14-130a for Isaac's will of 1875.