11th January 1882

Last Will of Ellen Calback

Wife of Henry Austin Brown

 

From records of Elzar-Louis-Joseph Giroux

Record No. 1338

         Transcribed from Quebec Archives Online

 

 On this eleventh day of January in the year of our Lord one thousand eight hundred and eighty two, at the request of Mrs. Ellen Calback, wife of Henry Brown, Farmer residing at the Parish of Beauport, I the undersigned Notary Public duly admitted in and for the Province of Quebec and residing in the Parish of Beauport went to the residence of the said Henry Brown situate at the place called Petit Village in the Parish of Beauport, County of Quebec, and then and there being found the said Ellen Calback wife of the said Henry Brown, lying on a bed sick of body, but of sound and perfect mind, memory and understanding as it appeared to me the said Notary, who after having recommended her soul to God, hath in view of death, made, dictated and named her present last will and testament unto me the said Notary in the presence of Edward Brown of the Parish of Beauport, Farmer, and the Reverend Matthew Monkhouse Fothergill of Quebec, Rector of St. Peter's Church, both witnesses expressly called for the purpose of witnessing this present Last Will & Testament in the manner and form following, that is to say: 

Firstly, I will and direct that my lawful debts be paid and my wrongs if any there be, be fully satisfied by the Executor of my present last will and testament hereinafter named, to the discretion of whom I leave the case of my funeral. 

Secondly. I do hereby give and bequeath to my dear and beloved husband, Henry Brown, all the property moveable and immoveable, real and personal, generally whatsoever which I may be possessed of or which I may be entitled to at the time of my decease of what nature and quality the same may be or wherever situated; To have, hold and enjoy unto the said henry Brown, my said husband, from the day of my decease hereby instituting my said husband my universal legatee. 

Thirdly, I do hereby nominate and appoint as Executor of my present last will and testament the said Henry Brown, my husband, into whose hands I divest and dissieze myself of all my said property according to the custom. 

Fourthly, I do hereby revoke all other wills and codicils which I may have made previously to this one which I consider as containing my last will and desire. 

It was thus done, dictated and nominated by the said Ellen Calback, wife of the said Henry Brown, Testatrix unto me the said Notary in the presence of the witnesses herein above named and expressly called for this purpose; And her present last will and testament having been duly read over and read over again by the undersigned Notary in the presence of the said witnesses for that purpose called, she declared to understand well the same and persisted in the said dispositions at the place called Petit Village in the Parish of Beauport at her residence on the day, month and year first above written under the number one thousand three hundred and thirty eight of the minutes of Mtre. Elzar-Louis-Joseph Giroux. the undersigned Notary. 

And the said Ellen Calback, wife of the said Henry Brown, the Testatrix, being required to sign her present last will and testament, declared that she could not write nor sign her name, made her sign of a cross, in the presence of the undersigned Notary and of the undersigned witnesses who have signed the present last will in the presence of the Testatrix and in the presence of each other, the said last will having been first duly read and read over again according to law. 

Two marginal notes are approved and twelve words erased are null & void. 

Ellen Calback, her mark;

Edward Brown, his signature;

M.M. Fothergill, Rector of St. Peter's Ch., his signature;

E.L.J. Giroux, N.P., his signature

______________________________

 Transcribed by Gerry Neville, December, 2011 

Note by Patricia Balkcom:  Ellen died four years later at the reported age of 65 years and was buried in the Church of England Cemetery in Valcartier, Quebec.