3rd April 1834
Last Will of Mary Arthurson
(Wife of David McBain)
From records of Notary Benjamin Lelievre
Quebec Archives Film #4MO1-4420
On his day the third of April in the year of our Lord one thousand eight hundred and thirty four before us the undersigned Notaries Public duly admitted and sworn of and for the Province of Lower Canada residing in the city of Quebec personally came and appeared Mary Arthurson, wife of David McBain of the Parish of St. Ambroise.
Which said Mary Arthurson being in good health and sound of mind, memory, and understanding as appeared to us said notaries by her actions and words, and for the purpose of these presents came in the office of Benjamin Lelièvre, one of the undersigned notaries, where his colleague was duly called. And the said Mary Arthurson considering the certainty of death and the uncertainty of the hour thereof doth make, publish, declare, and dictate to the said Benjamin Lelièvre and his colleague notaries being present, her last Will and Testament in manner following, That is to say, the said Mary Arthurson recommends her soul to God, her Creator, hoping for a free pardon and remission of all her sins through the intercession of his blessed son, our Saviour. And desires that the body be buried at the discretion of her executor hereinafter named.
The said Mary Arthurson directs that all her just and lawful debts be paid by her executor hereinafter named.
The said Mary Arthurson doth hereby give and bequeath the enjoyment or usufruct of all, each, and every said lands, goods, merchandise real and personal estates, sum or sums of money or otherwise of which she is now possessed of or may be possessed of at the day of her decease, without any reserve, restriction, limitation and whatever and wherever the same may be found whether in this Province of Lower Canada or elsewhere, unto the said David McBain, her beloved husband.
The said David McBain, her said husband, to have, use, and enjoy the said lands, goods, merchandise, real and personal estates, sum and sums of money as aforesaid, during his natural life time only, whom she doth make and constitute her universal legatee during his natural life time as aforesaid.
As to the full property of all, each, and every her lands, goods, merchandise, real and personal estates, sum and sums of money or otherwise of which is now possessed or may be possessed of at the day of her decease, the said Mary Arthurson doth hereby give and bequeath them (saving and rendering the bequeath hereinafter mentioned, made to Mary McBain and John McBain, two of her children, who are deaf and dumb and issue of her marriage with the said David McBain her said husband) unto said David McBain, Elizabeth McBain, wife of Louis David Dubord, Esquire, Doctor, William McBain, James McBain, and Arthur McBain, her children issue of her marriage with the said David McBain, her said husband.
The said goods, lands, merchandise, real and personal estates, sum and sums of money or otherwise to be by the said David, Elizabeth, William, James, and Arthur McBain, equally and fairly divided between them share and share alike and that after the decease of the said David McBain, her said husband.
The said Mary Arthurson doth hereby give and bequeath unto the said Mary McBain and John McBain her said children a certain lot of land situated, lying, and being in the said Parish of St. Ambroise at the place called Valcartier known and distinguished as lot number [no number specified] in the third concession of Valcartier, containing three arpents in front by thirty in depth, bounded in front by the King's Road and in the rear to the property of Mr. Plante, joining on one side to John Neilson Esquire and on the other side to William Brown, together with the house, barn, stable, and other buildings thereon erected and such as the whole, may be after the decease of the said David McBain her said husband, now stands without any reserve whatever. The said Mary Arthurson doth further bequeath and give unto the said Mary and John McBain all the household furniture, implements of agriculture, live stock, and generally all the moveable effects which may be on the said lot of land, with the exception of her share in a crank mahogany clock which she doth hereby bequeath unto the said Elizabeth McBain, after the decease of the said David McBain her said husband, to whom she doth give and bequeath the enjoyment or usufruct as aforesaid.
The said hereby given and bequeathed lot of land and dependencies, household furniture, implements of agriculture, live stock, and generally all the moveable effects which may be on the said lot of land, to be equally and fairly divided between the said Mary and John McBain after the decease of the said David McBain her said husband as aforesaid.-
And in the event of the said David McBain her said husband selling or in any other manner alienating the property or any part thereof, either moveable or immoveable, solely belonging to him according to the Law of the Country or according to the Law of any Country, then said and in that case, it is the express wish and intention of the said Mary Arthurson, that the bequeath of the enjoyment or usufruct made to him by this her present will, doth become null and void, and that the said children do respectively after such alienation, take possession of the premises given and bequeathed to them by her last will and testament.
The said Mary Arthurson hereby annulling, cancelling, abrogating, and making void all former will or wills which may have been heretofore made and executed by her the said Mary Arthurson.
And the said Mary Arthurson doth hereby nominate and appoint the said David McBain her said husband her executor to this her last will and testament.
Thus done, made, dictated and named by the said Mary Arthurson to the said Benjamin Lelièvre in the presence of his colleague notaries in the office of the said Benjamin Lelièvre at Quebec, on the day and year first above written and the present last will and testament having been read and re-read to the said Mary Arthurson, which she declared well to understand as being her last will and meaning, she doth after the reading and re-reading thereof as aforesaid, declared that she can not sign.
Five marginal notes are good & thirty two words erased are null.
P. Gagnon, his signature
J. Normand, his signature
Benj. Lelièvre, his signature
Transcribed by Gerry Neville, January 2011
Notes by Patricia Balkcom: Mary and her husband, David McBain, both wrote a will on the same day. David died seven months later, Mary lived another twenty-one years and remarried. I imagine that they wanted to make sure that two of their children who were “deaf and dumb” were taken care of.