9th April 1862

Last Will of John Clark

 

               

From records of Notary Benjamin Lelievre, No. 1209

Quebec Archives Film #4MO1-4421, Images 194+

 

 

On this day the ninth of April in the year of our Lord one thousand eight hundred and sixty two, I the undersigned Notary Public duly commissioned and sworn for Lower Canada residing in the District of Quebec at the request of John Clark, residing in the Seigniory of Saint Gabriel, at the place called River aux Pins, farmer,  went to the residence of the said John Clark situate at River aux Pins aforesaid.

 

Where being in the presence of Mr. Samuel Lindenberg, teacher, and John Wilson, labourer, both residing in the said Seigniory of Saint Gabriel aforesaid, witnesses called upon for the purposes hereof, the said witnesses signing with me the said Notary . I found the said John Clark, in good health and attending to his household affairs,, being sound of mind, memory, judgment and understanding as appeared to me the said Notary and the said above named and undersigned witnesses by his actions, discourse and words.

 

And the said John Clark considering the certainty of death and the uncertainty of the hour thereof, doth hereby make, publish, dictate, and declare to Benjamin Lelievre, the said undersigned Notary in the presence of the said above named witnesses, his last will and testament in manner and form following.  That is to say, the said John Clark recommends his soul to God, his Creator, when it shall please Him to dissolve his mortal body hoping for a free remission and pardon of her sins through the intercession of his blessed Son and Savior.

 

The said John Clark doth hereby give and bequeath unto William Clark, one of his sons, that is to say, a lot of land situate lying and being in the Seigniory of Saint Gabriel on the southwest bank of River aux Pins, being lot number seventeen, containing three arpents in front by thirty arpents in depth, bounded in front by the River Aux Pins, and in the rear by the second concession, on one side to the east by lot number eighteen on the west by lot number sixteen, together with the house and buildings thereon erected and said as the whole now stands.  

 

Secondly, the said John Clark doth hereby give and bequeath unto Robert Clark, another of his sons, that is to say, a lot of land situate lying and being in the Seigniory of Saint Gabriel on the southwest bank of River aux Pins, being lot number eighteen, containing three arpents in front by thirty arpents in depth, bounded in front by the said River Aux Pins, and in the rear by the second concession, on one side to the east by lot number nineteen, the property of Samuel Clark, on the west by lot number seventeen, together with the house and buildings thereon erected and said as the whole now stands. 

 

Thirdly, the said John Clark doth hereby give and bequeath unto John Clark, another of his sons, that is to say, a lot of land situate lying and being in the Seigniory of Saint Gabriel aforesaid in the second range thereof,  being lot number three, on the southwest band of River aux Pins, containing three arpents in front by thirty arpents more or less in depth, bounded in front by the said River Aux Pins, and in the rear at the end of the said depth by the division line between the second and third range, in the east by lot number four,  on the west by lot number two, the property of John Gallagher,  together with the house and buildings thereon erected and said as the whole now stands.  

 

Fourthly, the said John Clark doth hereby give and bequeath unto James Clark, another of his sons, that is to say, a lot of land situate lying and being in the Seigniory of Saint Gabriel aforesaid in the second range thereof,  being lot number four, on the southwest band of River aux Pins, containing three arpents in front by thirty arpents more or less in depth, bounded in front by the said River Aux Pins, and in the rear at the end of the said depth by the division line between the second and third range, in the east by lot number five,  on the west by lot number three, together with the house and buildings thereon erected and said as the whole now stands.  

 

And the said William Clark, John Clark, James Clark and Robert Clark to have, hold, use, occupy, possess and enjoy the said doth given and bequeathed lots of land in full property and forever, from and after the day of the decease of the said John Clark, their father.

 

And to all his moveable property, the said John Clark doth hereby give and bequeath the same, unto Robert Clark, his said son,  the said moveable property consisting of household furniture, kitchen utensils, agricultural utensils, bedding, linen, and clothing, and stock of cattle, of which he is now possessed or may hereafter be possessed of, as also in whatever sum and sums of money, may be due or may hereafter become due and owing to the said John Clark, whether by notes of hand or obligations or otherwise, and the said Robert Clark, his said son to have, hold, use, possess and enjoy the said above given and bequeathed moveable property in full property and forever, from and after the day of the decease of the said John Clark, his father.

 

The said John Clark, directs that the sum of eighty dollars be paid by the said William Clark, unto Agnes Clark, wife of William Brown, which said sum the said William Clark, will be bound and obliged to pay to the said Agnes Clark, in six months from the day of the decease of the said John Clark.

 

The said John Clark, directs that the sum of one hundred dollars be paid by the said Robert Clark, unto Mary Clark, wife of Walter Knox, which said sum the said Robert Clark, will be bound and obliged to pay to the said Mary Clark, in six months from the day of the decease of the said John Clark, her father.

 

The said John Clark, directs that the sum of one hundred and forty dollars be paid by the said John Clark, unto Samuel Clark, his brother, which said sum the said John Clark, will be bound and obliged to pay to the said Samuel Clark, in six months from the day of the decease of the said John Clark, her father.

 

The said John Clark, directs that the sum of eighty dollars be paid by the said James Clark, unto Elizabeth Clark, another of his daughters, wife of Henry Crawford, which said sum the said James Clark, will be bound and obliged to pay to the said Agnes Clark, in six months from the day of the decease of the said John Clark, her father.  But in the event of the said Elizabeth Clark making any claim to the lot of land herein first above descried and given and bequeathed unto the said William Clark, than and in that case it is the wish and intention of the said John Clark, that she be deprived of the present bequest and entirely excluded from this his last will and that the said bequest be equally and fairly divided amongst his other legatees named in his last will and testament.

 

The said John Clark directs that his body be buried at the discretion of his executor herein after named.

 

The said John Clark desires that all his just and lawful debts be paid if any there be, by his said executor herein after named.

 

The said John Clark doth hereby nominate and appoint the person of William Neilson of Valcartier aforesaid, Esquire, of whom he doth hereby request this last act of kindness.

 

The said John Clark hereby annulling, cancelling, objurgating, and making void all former will or wills which may have been heretofore made and executed by him the said John Clark.

 

Thus done, made and dictated word by word by the said John Clark to the said Benjamin Lelievre, the said undersigned Notary,  in the presence of the said above named and undersigned witnesses, at the residence of the said John Clark Situate as above mentioned on the day and year, first above written, under the number one thousand two hundred and nine and the present last will and Testament having been read and re-read, by the said Benjamin Lelievre, in the presence of the undersigned and above named witnesses, to the said John Clark, which he declared well to understand as being his last will and meaning, he hath persisted  therein, and hath signed together with me, the said Notary and the said above named and undersigned witnesses in faith and testimony of the premises.

 

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

 

John Clark, his signature

Samuel Lindenberg, his signature

John Wilson, his signature

Benj. Lelievre, his signature.

 

 

 

Transcribed by Patricia Balkcom,   17 January, 2011

My Notes:  John Clark appears to have been a large landowner in Valcartier as he had several lots to leave to his 4 sons (a fifth son, Samuel, appears to have already received land when this will was written).  It appears that Johnís wife, Elizabeth, had already died when the will was written.  The three married daughters, were left money rather than land, and it seems John wanted to ensure that his will would not be the subject of a family battle as he made it clear that the daughters were not to contest it or they would be dropped from the inheritance altogether.  John died six years after this will was written, his daughter, Mary, mentioned in the will, predeceased him in 1866.  Itís possible that a later will was written but I have not found one at this time.