8th April 1840

Last Will of Mary Arthurson

(Widow of David McBain, wife of William Knox)

  From records of Notary William de Lery

                           No. 2823

Quebec Archives Film #4M0l-5067

 

 

On the eight day of April in the year of our Lord one thousand eight hundred and forty, before us the undersigned Notaries Public duly admitted and sworn in and for the Province of Lower Canada, residing in the City of Quebec, personally came and appeared in the office of William de Léry, one of us the undersigned Notaries, Mary Arthurson of Valcartier, widow by a first marriage of the late David McBain, and now wife of William Knox of same place, Farmer, apparently in good health of body and of sound and perfect mind, memory and understanding who did make, publish, dictate and name this her last will and testament in the words following, that is to say:

 

Firstly and principally, the Testatrix doth recommend her soul into the hands of Almighty God, her Creator, hoping for a free pardon and remission of all her sins thro the intercession of his Blessed Son our Saviour, and the body she commits to the earth to be interred in a manner suitable to her situation in life at the time of her decease.

 

Secondly, the Testatrix doth will and direct that at the time of her decease all her just debts, funeral expenses and wrongs (if any there are) be fully paid and satisfied by her Executor hereinafter named.

 

Thirdly, the Testatrix gives, devises, and bequeaths unto William Knox of said Valcartier, Farmer, her second husband as aforesaid, the whole of her property, moveable and immoveable, goods, monies, chattels, effects and things of whatever description and value or wherever found or situated which the said Testatrix may be entitled to or die possessed of, the said Testatrix hereby instituting him the said William Knox her dear and beloved husband, her universal and residuary legatee.

 

The said William Knox to have and to hold the said property moveable and immoveable, goods, monies, plates, chattels, effects and things as aforesaid from the time of the decease of said Testatrix in full property forever.

 

And lastly, the said Testatrix doth nominate and appoint the said William Knox, her husband, Executor of this her true last will and testament in the hands of whom she doth hereby divest herself of all her said property hereby revoking all other and former wills, testaments & codicils she might have made.

 

Thus done, dictated and named word for word by the said Testatrix unto the said William de Léry, Notary, aforesaid his colleague Mtre. A. Lemoine present, read the last will and testament having been read over and over again to the said Testatrix, she did declare the same to contain her true last will and mind and did make her usual mark hereby declaring not to know how to sign or write her name. receiving signatures of Notaries.

 

The marginal signed is good, Six words struck out are null.

 

Mary Arthurson, her mark;

Alex. Lemoine, N.P., his signature;

Wm de Léry, N.P., his signature

 

___________________

 

NOTE:

FIRST MARRIAGE:

Mary Arthurson first married David McBain in Lerwick, Scotland on 16 September 1805. David McBain died 18 November 1834 in Valcartier.

 

BURIAL:

"Mary Arthurson, late of Lerwick, Scotland, spouse of William Knox, Farmer, here died on the twenty third day of March & was buried on the twenty sixth day of the same month in the year one thousand eight hundred and fifty five aged sixty five years.

David Shanks, Min."

Signed: William Knox; William McBain; James McBain; William Aldcorn.

Church Register: Church of Scotland, Valcartier.

 

Transcribed by Gerry Neville,   December 2011

Notes by Patricia Balkcom:   This is Mary’s second will.  Her first was written in 1834 when she was married to David McBain.  She died in 1855, fifteen years after this will was written.