13th  February 1852

Will of James Calway

(husband of Mary Botting)

               

Transcribed from the original at the Quebec Archives

"Collection of Holographic Wills, Testaments, and Codicils."

 

 

 

February the thirteenth one thousand eight hundred and fifty two. In the name of God, Amen.

 

I, James Calway, Farmer of the Parish of St. Joseph Nouvelle Beauce in the County of Dorchester, District of Quebec and Province of Lower Canada being in possession of my full senses do hereby make my last will and testament.

 

By which I revoke all other wills and testament if any such there be hitherto or previously made by me. And I hereby will to my beloved wife, Mary Calway, and bequeath all landed and personal property together with whatever sum or sums of money, cattle, houses, or other valuables that I may die possessed of to have and to hold for her sole rite [right] and benefit during the term of her natural life without it being necessary to make an inventory; but on the condition (à la charge) that my wife make a good and faithful inventory of the said effects so bequeathed in the case that she engage in a second marriage (convalrait or seconded noces à peine de nullite) on pain of the nullity of my present testament and of the legacy in usufruct to her made of my said effects on the condition moreover to enjoy my said effects in a careful manner (en bon père de famille) & to maintain them & preserve them in good condition as should a good father of a family, in case she survives me. And I also hereby will that in case my said beloved wife, Mary Calway, should die before me or at a period of her decease, then that all such landed and personal property, cattle, houses, together with such sum or sums of money, that I may have in my possession at the time of my decease shall be divided amongst my children in the following manner:

 

James Calway, Henry Calway, John Calway, & Samuel Calway, Mary Calway, wife of George Kail, and Sarah Calway, wife of Arthur Wolff, to have all landed and personal property together with whatever sum or sums of money, cattle, houses, or valuables to be divided equally between my said four sons and two daughters.

 

James Calway, his signature;

W. King, Missionary of St. Giles, his signature;

Jas. Warrand, M.D., his signature

 

(Transcribed by Gerry Neville - March 2011)

 

Notes by Patricia Balkcom:  James died 4 years later in St. Joseph on the 20th of October 1856.