This is the transcription of the will and probate record:
John O'Callaghan
#3741
Page 143 -144
Canada
Province of Ontario
In His Majesty's Surrogate Court County of Oxford.
Be it known that on the Fifteenth day of November in the year of our Lord One Thousand Nine Hundred and Two Letters of Administration Pendente Rite (?) of all and singular the property of John O'Callaghan late of the Town of Ingersoll in the County of Oxford, Esquire, deceased, who died on or about the second day of October in the year of our Lord One Thousand Nine Hundred and Two at the said Town of Ingersoll leaved a will bearing date seventeenth day of October A.D. 1899 and who at the time of his death had a fixed place of abode in the town of Ingersoll, in the said County of Oxford were granted by His Majesty's Surrogate Court of the County of Oxford to the London and Westen Trusts Company (Limited) of the City of London in the County of Middlesex, the party applying for administration at the request of John O'Callaghan (the eldest son of the deceased) Maria Dwyer, and Ellen Sage three of the plaintiffs in an action now pending to set aside the said will wherein John O'Callaghan, Maria Dwyer, Ellen Sage, Bessie Quigley and Frank O'Callaghan are plaintiffs and James O'Callaghan, George O'Callaghan, and John O'Callaghan Executors of the said will and James O'Callaghan, George O'Callaghan, and Malinda Doty are Defendants. John B. Kilgour the Present of the said The London and Western Trusts Company (Limited) having been first sworn faithfully to administer the property of the said John O'Callaghan, deceased, and as to the residue thereof under the direction and control of the High Court of Justice by paying his just debts according to law and to exhibit under oath a true and perfect Inventory of all and singular the said property and to render a just and true account of their administration when required by the Law to do so. Signed, Registrar of said Court
John O'Callaghan
#3746, Page 151 - 152
Canada
Province of Ontario
In His Majesty's Surrogate Court of the County of Oxford
Be it known that on the twenty-ninth day of November in the year of our Lord One Thousand Nine Hundred and Two the Last Will and Testament of John O'Callaghan of the Town of Ingersoll, in the County of Oxford, and Province of Ontario, Esquire, deceased, who died on or about the Second day of October, in the year of our Lord, One Thousand Nine Hundred and Two at the town of Ingersoll in the County of Oxford, a true copy of which said Last Will and Testament is here under written and that the administration of all and Singular the property of the said deceased and in anyway concerning his will was granted by the aforesaid court to James O'Callaghan, of the Town of Ingersoll, in the County of Oxford, Cattle Dealer, and George O'Callaghan, of the said Town of Ingersoll, Cattle Dealer, two of the executors named with said will. John O'Callaghan, the other executor named in the said will having renounced all his right and title to Probate and execution of the said will, they the said James O'Callaghan and George O'Callaghan having first been sworn well and faithfully to administer the same by paying the just debts of the deceased and the legacies contained in the will so far as they are there unto bound by law and by distributing the residue (if any) of the late property according to law and to exhibit under oath a true and perfect Inventory of all and Singular the said property and to render a just and true account of their executorship whenever required by the Law to do so. Signature of the Registrar of said Court
This is the Last Will and Testament of me John O'Callaghan of the Town of Ingersoll, in the County of Oxford, in the Province of Ontario, Esquire:
1. I direct that my just debts and funeral and testamentary expenses be paid out of the estate by my executors herein after named.
2. I declare that I have provided as I desired for my sons John O'Callaghan and Frank O'Callaghan and for my daughter, Maria Dwyer.
3. I give devise and bequeath to my daughter, Ellen Sage the sum of One Thousand dollars, to my daughter Bessie Quigley the sum of One Hundred and Fifty dollars, to my daughter Belinda Doty the sum of One Hundred Fifty Dollars, to my son James O'Callaghan the sum of One Thousand dollars and to my son George O'Callaghan the sum of One Thousand Dollars. All aforesaid legacies are to be paid in one after my decease and are to form a charge upon my real estate until paid.
4. I give devise and bequeath to my son John O'Callaghan the sum of Five Hundred dollars in trust for the use of my daughter Belinda Doty and I direct my said son John to expend the same for the benefit of my said daughter in such a manner as to be free from the debts or control of my said daughter’s present or any future husband the same to be paid him in one year after my decease and to form a charge upon my real estate until paid.
5. The legacies above given are not to bear interest.
6. I give devise and bequeath to my son James O'Callaghan and George O'Callaghan all the rest, residue, and remainder of my real and personal estate to hold to them in equal shares.
Lastly: I hereby nominate and appoint my sons John O'Callaghan, James O'Callaghan, and George O'CAllaghan to be executors of this my will hereby revoking and making null and void all wills by me at any time heretofore made.
In witness whereof I have hereunto to set my hand and seal this Seventeeth day of October in the year of our Lord One Thousand Eight Hundred and Ninety-nine.
Signed, Sealed and Published and declared by the said testator as for his last will and testament in the presence of us present at the same time who in his presence at his request and in the presence of each hereunto subscribe our names as witnesses.
Signed and sealed by John O'Callaghan
Signed James F. McDonald
Signed J. John McDonald.