25th March 1867

Last Will of Denis Cassin

(This is listed as a “Donation” to Joseph Cassin rather than as a will)

From records of Notary Benjamin Lelievre, No. 1439

Quebec Archives Film #4MO1-4421, Images 1217+

 

 

On this day the twenty-fifth of March in the year of our Lord one thousand eight hundred and sixty seven, Before me the undersigned Notary Public duly commissioned and sworn for Lower Canada residing in the District of Quebec and in the presence of James Barns, farmer, witness hereunto required for the effect hereof, the said witness signing with me the said Notary and residing in the parish of St. Gabriel of ValCartier in the District of Quebec aforesaid, personally came and appeared Denis Cassin residing in the said Parish of St. Gabriel, farmer.

 

And the said Denis Cassin, foresaid in consideration of the natural love and affection he hath and beareth unto Joseph Cassin, his son, being of full lawful age, and for other good counsel and valuable considerations him, the sum of money, hath and by those present, doth give and grant by way of Donation, pure, simple, moveable and immoveable with warranty from all encumbrances, mortgages, dower, debts, claims and demands whatsoever, until said Joseph Cassin, his said son, residing in the Parish of St. Gabriel aforesaid, farmer, herewith present and accepting hereof for himself, his heirs or assigns .  That is to say, Firstly, a lot of land situate lying and being in the Parish of St. Gabriel, aforesaid in the Fief of St. Ignace, at the place called Roch Flatte, being lot number seven, containing three arpents in front by forty two arpents more or less in depth, and bounded as follows.  To wilt, in front by the River Jacques Cartier and in the rear by the Township of Stoneham, on the east side toward the southeast by Alexander McNichol, and on the other side toward the northwest by Edward Cassin, together with the house and other buildings, therein erected, and such as the whole now stands without any reserve whatsoever the said donor declaring himself therein satisfied.

 

Secondly, a half lot of land situate, lying and being in the Parish of St. Gabriel aforesaid, in the Fief of St. Ignace aforesaid, being the north half of lot number nine, containing one arpent and three quarters in front by thirty six arpents more or less in depth and bounded as follows:  in front by the River Jacques Cartier and in the rear by the Township of Stoneham, on one side toward the southeast by Edward Cassin and on the other side toward the northwest by Fraser Armstrong, and such as the whole and stands without any reserve whatsoever the said donor declaring himself therein satisfied.

 

Being the said hereby given and granted premises in the Fief of St. Ignace and (…?) the Nuns of the Hotel Dieu of Quebec, charges with such rents, the exact amount whereof the parties could not ascertain.

 

To the Donor belonging the said hereby given and granted premises, as having acquired them at different periods hereof from the heirs of the late Honorable John Neilson by and in virtue of good and valid titles.

 

The said Donor doth further give and grand unto the said Donee all his household furniture and moveable effects generally including his stock of cattle and farming utensils, save and except a Jersey red cow, three years old, which the said Donor doth hereby give and grant unto Helen Cassin, his daughter.

 

The present Gift in Donation is made subject to the pursuant by the said Donee of such rents which may arise there and which may become due in future, and at the charge by the said Donee of boarding, lodging, clothing and (washing?) the said Donor with himself and ..(?).. himself and in suitable manner for a person of his station during his life time and in case of sickness taking great care of him and calling in medical assistance if necessary and at the charge by the Donee of paying on demand to the said Donor the sum of forty dollars.

 

And again by the charge of the said Donee of paying to Thomas Cassin, his brother, the sum of one hundred twenty dollars, which said sum the said Donee doth hereby bind and oblige himself to pay to the said Thomas Cassin on order at the following period, to wit, thirty dollars in one year from this date, thirty dollars in two years from this date, thirty dollars in three years from this date and thirty dollars for the full and perfect payment of the said sum of one hundred and twenty dollars in four years from this date, which said payment will be so made free from interest.

 

And also at the charge by the said Donee of paying to the said Helen Cassin, his sister, the sum of forty dollars which said sum the said Donee doth hereby bind and oblige himself to pay to the said Helen Cassin on order at the following period, to wit, twenty dollars in two years from this date and twenty dollars in three years from this date, which said payment will be made free from interest.  And the said Joseph Cassin, said Donee, will be bound and he doth hereby bind himself …so long as the said Helen Cassin shall live with the said Donee.

 

And further at the charge of the said Donee of boarding and lodging the said Helen Cassin, his sister, during such period as she will  ….and during such period as she will work for herself he will only be bound to lodge her. But in case of sickness the said Donee will be bound to board the said Helen Cassin and take great care of her, and this to continue for five years only.  And it is hereby understood that when the said Helen Cassin will quit the paternal roof, then she will have the right of taking with her the following moveable effects they being her own private property, to wit, one chest of drawers, one sopha (sic), one pedestal, two large bedsteads, one hardwood bath, one wash stand, a single stove and her own bedding.

 

And further at the charge by the said Donee of paying for on account and to the discharge of the said Donee unto the heirs of the late Honorable J. Neilson, the sum of three hundred dollars, as also the interest thereon due and which may become due in future.

 

And in the event of the said Donor wishing to live apart from the said Donee, he shall have the right to do so, without being bound to give any explanation for such wish, and … said Donee doth hereby bind and oblige himself to pay the said Donor the sum of sixty dollars yearly during his lifetime and payable quarterly in advance.

 

And it is hereby well understood by and between the said Donor and Donne, that during the lifetime of the said Donor, the said Donee shall not have the right of selling, mortgaging or otherwise alienating the said herein above given and granted …, without first obtaining in writing the consent of the said Donor.

 

And in consideration of the …the said Donor doth further give and grant all his rights, title, interest, property right, of property claims and demands whatsoever which he may…the said hereby given and granted premises and in to and  …every part and parcel thereof being willing and agreeing that the said Donee his heirs or assigns to hold, use, occupy, possess and enjoy the same in full property from henceforth and forever, and that he or they be put in good and lawful possession and … by and in virtue of those present.

 

And for the due registering of these presents the …. have instituted and appointed their attorney…thus done and executed in the District of Quebec aforesaid in the Parish of Saint Gabriel aforesaid, at the residence of  William Neilson, Esquire, on the day and year first above written, under the number one thousand four hundred and thirty nine, and the said Donor, hath after the…signed with me the said notary and the said above named witness, having the said Donee declared that he cannot write nor sign his name, but has made his mark by a cross in faith and testimony of the premises.

 

Words struck out are null.  Marginal notes approved are good. 

 

Denis Cassan (sic), his signature

Joseph Cassin, his mark

James Barns, his signature

Benjamin Lelievre, his signature.

 

 

Transcribed by Patricia Balkcom,   15 December, 2010

 

My Notes:  Denis died three and a half months after writing this will.  His wife had died almost twenty years earlier.  Joseph was his oldest son, (although there were five daughters born before Joseph).  Joseph was twenty-six years old when this will was written.  By 1873, Joseph had married a woman in Ontario and relocated there.

From Eric Corrigan: I can say that Mic Corrigan who married Mary Jane Shea in 1872, my great grandfather, bought this lot of land Number 7 as well as the neighboring McNichol’s lot number 6, and these two lots of land were sold by my father and mother in 1974. I do not have the official dates or sale information.. Majela claims that he saw somewhere that when Mic Corrigan bought that lot from the heirs of Denis Cassin that he had to get clearance from some Cassins in or near Ottawa Ontario. From Memory I think there was an Elizabeth Cassin who married a brother of Mic that was living near Ottawa Ont. Follow-up: Patrick Corrigan, brother of Mic (Michael) Corrigan, married Elizabeth Cassin, daughter of Denis - it is possible they relocated to Ottawa but I have not been able to trace them.