16th September 1840

Last Will of William Brown

(Husband of Jane Kirkhope)

 

From records of Notary Louis Panet

Record No. 8527

Quebec Archives Microfilm #4M01-5381

 

 

Before us the undersigned Notaries Public for the Province of Lower Canada and residing in the City of Quebec in the said province personally came and appeared William Brown of Valcartier, Farmer, who being apparently in good bodily health and of sound and perfect mind, memory and understanding requested us the said Notaries to write down and receive in due form of law, his last will and testament which he instantly made, published, dictated and named unto us the said Notaries in manner and form following:

 

I recommend my soul to Almighty God hoping for a free pardon and remission of all my sins through the intercession of my Blessed Saviour Jesus Christ.

 

I will and direct that all my just debts be fully paid and satisfied out of my estate and property by my executor hereinafter named.

 

I will and direct that Jane Kirkhope my present wife be allowed and have during her life and so long as she shall remain and continue to be my widow the free use and enjoyment of a dwelling house, a double stove, and of a superficial part of land for a garden and also a milch cow to be chosen by her from among any other cows - and the cow shall be properly fed, kept and maintained during summer and winter and at all times, at the cost and expense of my estate and succession, and that the yearly rent or sum of five pounds currency be paid to her out of my estate and succession in half yearly payments on and during her life time and so long as she shall be and remain my widow as aforesaid and I further will and direct that the following articles and effects be paid to my said wife during her life time yearly in half annual installments, to wit: two quintals of oat meal, two quintals of flour, twenty bushels of potatoes and ten cords of wood laid down at her door, the payment and delivery of all which articles and effects to cease and discontinue at the death of the said Jane Kirkhope or from the moment that she shall remarry for such is my intention. And I further give and bequeath unto my said wife Jane Kirkhope another sum of twenty five pounds cy, once paid only provided that she shall not remarry as aforesaid.

 

I give and bequeath unto my children, sons and daughters, hereinafter named, viz.:

Unto James Brown, fifteen pounds currency

Unto Margaret Brown, fifteen pounds currency

Unto John Brown, twenty five pounds currency,

Unto Helen Brown, thirty pounds currency

Unto Janet Brown, thirty pounds currency

Unto Marion Brown, thirty pounds currency, with a cow

Unto Elizabeth Ann Brown, thirty pounds currency

It being my will also that the said Elizabeth Ann Brown be schooled, educated and maintained with lodging, clothing and other necessities of life at the expense of my said estate until she shall have attained the full age of twenty one years. All the above several legacies thus made to the said James Brown, Margaret Brown, John Brown, Helen Brown, Janet Brown, Marion Brown and Elizabeth Ann Brown for and in lieu of all the rights and for and in my estate and succession.

 

I give and bequeath unto my nephew William Brown the sum of fifteen pounds currency,

 

I give and bequeath unto my son William Brown my land situate at Valcartier purchased from the Sheriff Sewell, with another piece of land to be taken off my land called Wallers Point purchased from Mr. Louis Panet and to contain twenty arpents in superficies to begin at two arpents from the River Jacques Cartier to his own house on the road side provided that the said William Brown his heirs and assigns shall give and allow to his brother Thomas Brown his heirs and assigns a sufficient road through the said William Brown's land to communicate to the main road and I also give and bequeath unto the said William Brown a horse, cart and two cows.

 

 I give and bequeath unto my son Thomas Brown the rest of my land called Waller's Point purchased from Louis Panet as aforesaid with the rest and residue of my stock of cattle and implements of husbandry.

 

And I will and direct that the rest and residue of my lands be sold and disposed of to pay and discharge the several above particular legacies, which being done I will and direct that the balance , if any there be, be distributed share and share alike between my said two sons, William and Thomas Brown.

 

Lastly I will and direct that a sum of ten pounds cy be applied towards erecting a headstone and railing around my grave.

 

And I appoint my friend John Ray of Valcartier, blacksmith to be Executor of this my present will and testament hereby revoking and making null and void all other wills and codicils at any time heretofore by me made, declaring the present to be my only true last will and testament.

 

It was thus made, published, dictated and named word for word, dicté et nommé mot pour mot, by the said William Brown, Testator, unto us the said Notaries and afterwards the said last will and testament having been twice read, lu et relu, to the said William Brown, Testator, by one of us the said Notaries, the other being present, he the said Testator declared that he had perfectly heard and understood the said will and testament and persisted therein as conformable to his last will and intention.

 

Thus done and passed at Quebec, in the office of Louis Panet one of the said Notaries in the Upper Town St. Denis Street where Jean Baptiste Trudelle his confrere was called in for the purpose and assisted and was present all the time, on the sixteenth day of September one thousand eight hundred and forty at ten o'clock before noon. The said Testator having signed these presents together with us the said Notaries after reading thereof aforesaid in faith and testimony of the premises.

 

Three words are erased are null, and four marginal notes approved are good.

 

William Brown, his signature; J.B. Trudelle, N.P., his signature; Ls. Panet, N.P., his signature

 

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ANNEX

CODICIL - Record Number 9952

 

And on the twenty sixth day of September one thousand eight hundred and forty four, before us the undersigned Notaries Public residing at Quebec, personally came and appeared William Brown, the Testator named and described in the foregoing and annexed will and testament who being apparently in good bodily health and of sound and perfect mind, memory and understanding after reading of his said foregoing and annexed will and testament requested us the said Notaries to write down and receive in due form of law following disposition in the form of codicil to his said last will and testament, which he dictated and named unto us word for word as follows:

 

I revoke that part of the legacy made by me to my son William Brown, by which it is stated that besides the land purchased from the Sheriff Sewell, I give him another piece of land to be taken off my land called Waller's Point and to contain twenty arpents in superficie my present will and intention being that the whole of my land called Waller's Point be held and possessed by my other son Thomas Brown to whom I bequeath and give the same, and that my said son William Brown have the whole of the land purchased from the Sheriff Sewell. And I hereby confirm my said will and testament in in every other particular thereof that is not hereby altered or revoked.

 

It was thus made, dictated and named, dicté et nommé, by the said William Brown unto us the said Notaries on the day and year above written, and the present codicil having been read over and over again, lu et relu to the said William Brown by one of us the said Notaries in the presence of the other Notary he declared that he had perfectly heard and understood the same, persisted in the contents thereof and signed together with us the said Notaries in faith and testimony of the premises .

 

William Brown, his signature;

R.G. Belleau, N.P., his signature;

Ls. Panet, N.P., his signature

 

 

Transcribed by Gerald Neville, June, 2011

 

Note by Patricia Balkcom:  All of William’s nine children are mentioned in his will.  All of the children, except Elizabeth Ann, were born in Scotland with his first wife, Marion Graham.  Elizabeth Ann is the daughter of William’s marriage with Jane Kirkhope.  William died in 1848 after being thrown from his horse, he was about 67 years of age.