9th  December 1867

Last Will of Thomas D. O’Carroll

Husband of Margaret Green

Transcribed from the Records of Benjamin Lelievre

Record # 1489

Quebec Archives Microfilm #4M01-4421

Image #1421

 

 

On this day, the ninth of December in the year of our Lord one thousand eight hundred and sixty seven, before the undersigned Notary Public duly commissioned and sworn for Lower Canada, residing in the District of Quebec and in the presence of Robert Leonard Mailhot and Francis Ireland , both residing in the Parish of Saint Gabriel of Valcartier, farmers.

    Witnesses herein request for the effect hereof, the said witnesses signing with the said Notary hereby came and appeared Thomas D. O’Carroll, residing in the parish of Saint Gabriel de Valcartier aforesaid esquire land surveyor

     Which said Thomas D. O’Carroll, being in good health and sound of mind, memory, judgment and understanding as appears to the said Notary and other said above named and undersigned witnesses by his actions, words, and discourse, and for the purpose thereof came in the office of Benjamin Lelievre, the said undersigned Notary.

      And the said Thomas D. O’Carroll considering of certainty death and the uncertainty of the hour thereof do hereby make, publish, declare and dictate to the said Benjamin Lelievre in the presence of the said above named and undersigned witnesses, his last will and testament in named following, that is to say the said Thomas D. O’Carroll commends his soul to God, his creator, when it shall please Him to dissolve his mortal body hoping for a free pardon and reminder of all his sins through the intercession of his blessed son, our Saviour, Jesus Christ.

      The said Thomas D. O’Carroll doth holy give and bequeath unto Margaret Green his beloved wife, and Caroline O’Carroll and Helena O’Carroll, two of his daughters, all his moveable and immovable property, sum or sums of money, notes of hand, and obligations or otherwise of which he is now possessor of or may hereafter be possessor without any reserve, restrictions and limitations, whatever and whenever same may be found whether in Canada or elsewhere.  The said Margaret Green, Caroline O’Carroll and Helena O’Carroll to have, hold, <unreadable> and enjoy the said moveable and immovable property said unknown sums of money, notes of hand and obligations and otherwise in full property from and after the day of the said Thomas D. O’Carrolle, be divided between them in the following manner.  To wit, the said Margaret Green to have the exact one half, and the other half to be equally and fairly divided between and the said Caroline O’Carroll and Helena O’Carroll.  The said Thomas D. O’Carroll, hereby declaring that previous to this his last will and testament, he hath given that which he deems fit unto Ellen O’Carroll, wife of Patrick Salmon, Catherine O’Carroll, wife of William Markley, Maria O’Carroll, wife of Richard Power, and unto the late Rebecca O’Carroll, wife of Richard Driscoll, in consequence whereof he doth make a bequest in favor of the above names.  The said Thomas D. O’Carroll directs that his body be interred in a decent manner and at the discretion of his executor, hereafter named.  The said Thomas D. O’Carroll directs that all the just and lawful debts be paid by his delegates herein have named and that in proportion to their respective shares.

    The said Thomas D. O’Carroll, doth hereby nominate and appoint the person of the said Margaret Green as Executrix to this, his last will and testament whom he doth hereby request to render him this last act of kindness.

   The said Thomas D. O’Carrolle hereby annulling, cancelling, abrogating and making void all wills which may have been heretofore made and executed by him, the said Thomas D. O’Carrolle.

     This done, made and dictated word by word by the said Thomas D. O’Carrolle to the said Benjamin Lelievre in the presence of said above named and undersigned witnesses in the office of the said Benjamin Lelievre in the Parish of Saint Gabriel of Valcartier aforesaid on the day and year first above written, the number one thousand four hundred and eighty nine and after having read the herein last will and testament in the presence of the said above named and undersigned witnesses, the said Thomas D. O’Carrolle which he declared well to understand as being his last will and meaning he hath persisted therein, and hath signed with the said Notary and witnesses in faith and testimony of the <unk> words struck out are void.

 

                                                  Thos. D. O’Carrolle

                                                   Robert Mailhot

                                                   Francis Ireland

                                                    Benj. Lelievre

 

Transcribed by Patrick and Barbara Keily February, 2012

 

Notes by Patricia Balkcom:  Thomas died four and a half years later in 1872 at the reported age of 75.  His wife, Margaret, lived until 1881.