16th December 1886

Last Will of Martha Calback

Wife of James Rourke

 

From records of Cyrille Tessier

Record No. 7149

  Transcribed from the original at the Quebec Archives

 

 

On this day the sixteenth of December one thousand eight hundred and eight six, before the undersigned Notaries Public for the Province of Quebec, Canada, residing in the City of Quebec, personally came and appeared, Mrs. Martha Calback, of the Parish of St. Gabriel of Valcartier, wife of Mr. James Rourke, of the same place, Farmer, who has made as follows her last will and testament:

 

1st I give, devise and bequeath to James Rourke, my beloved husband, the usufruct and enjoyment, during his life time, of all the property, real and personal, moveable and immoveable, which I may die possessed of, without exception, exempting him from the obligation of making an inventory and of giving security.

 

2nd I give, devise and bequeath to my son Henry, four acres in front by thirty in depth, or thereabouts, or whatever rights I may have thereon, being the north part or portion of the land which is composed of numbers twelve and thirteen of the Fourth Range of St. Gabriel West, also two sheep, two cows, and a horse, to have and to hold the same in full ownership from the day of the decease of my said husband.

 

3rd I give, devise and bequeath to my four daughters, Ellen, Margaret, Sarah, and Mary Ann the two remaining acres of said land, being the south part of the same, with buildings, as well as all my other property, real and personal, moveable and immoveable which I may die possessed of, instituting them my universal or residuary legatees, to have use, and enjoy the whole in full ownership and by equal shares, from the day of the decease of my said husband.

 

And I do nominate and appoint my said husband James Rourke the sole Executor of this will, revoking all former wills and codicils I may have made before this.

 

This last will received by Cyrille Tessier Notary in the presence of G.F.C. de Léry, his colleague, having been read to the Testatrix by the first named Notary in the presence of his said colleague she has declared well to understand the same and has persisted in the same as containing her last intentions.

 

At Quebec, Office of the said Cyrille Tessier under the number seven thousand one hundred and forty nine of his records.

 

In testimony whereof the said Notaries have signed in the presence of one another and of the Testatrix who has declared not to know how to write her name, after reading done.

 

Five words erased null.

 

Martha Rourke, her mark;

G.F.C. de Léry, N.P., his signature;

Cy. Tessier, N.P., his signature

 

 

 

Transcribed by Gerald Neville, 2011

 

Note by Patricia Balkcom:  Martha died 5 years later (05 December 1891) at the age of 66 years.  Her husband survived her.  She and her husband, James, had 8 known children, only five of them are mentioned in the will.  Missing are John, Joseph, and James.