24th January 1884

Will of Denis Clear

Widower of Catherine Fitzgerald

 

 

From the Notary Records of Edouard Antill Panet

Record #2496

Transcribed from the Original Will at the Quebec Archives

 

 

On this twenty fourth day of January in the year of our Lord one thousand eight hundred and eighty four at the hour of eleven of the clock in the forenoon, at the special request of Denis Clear, of the Parish of Sainte Catherine, Farmer, I, Édouard Antill Panet the undersigned Notary Public duly commissioned and sworn in and residing and practising in the Parish of Saint Raymond in the County of Portneuf and Province of Quebec, accompanied by Malachy Landrigan and John Powell, farmers and both residing in the said Parish of Sainte Catherine, the witnesses called by the said Denis Clear and required by law, personally reported to the residence of the said Denis Clear in said Parish of Sainte Catherine, and there finding him in bed but of sound and disposing mind, memory, judgment, and understanding as it appeared unto us, Notary and witnesses, from his words and actions, yet knowing and considering the certainty of death and the uncertainty of the time thereof and being desirous of regulating his worldly affairs whilst yet he had the strength so to do, hath named, dictated and nominated a fait dicté et nommé unto the said Notary in the presence of said witnesses his last will and testament in the manner and form following:

 

1º I recommend my soul to Almighty God my Creator in the humble hope that he will receive the same to his favor through the merits and intercession of Jesus Christ our Lord and Saviour.

 

2º I will and order that all my just debts, funeral and testamentary expenses be first paid by my Executrix hereinafter named.

 

3º I will and order that my body be committed to the grave to be interred in a manner suitable to my station in life and according to the rites and solemnities of the Holy Roman Catholic Church and faith of which I am a member, and that a funeral mass be sung over my remains the day of my funeral and that ten low masses be said for the repose of my soul as soon as possible after my decease.

 

4º I give, devise and bequeath to Dame Ellen Clear, my daughter and widow of the late James Neville, the sum of one hundred dollars to be paid her by my Executor hereinafter named, out of the monies coming to me by virtue of the Deed of Sale executed by me in favor of John Fitzgerald.

 

5º And as to the rest and residue of the money, due, owing and payable to me by the said John Fitzgerald, by virtue of the said deed of sale, after the payment of my funeral expenses, and my support and board, and the above mentioned legacy, I give, devise and bequeath the same to my four remaining children, Michael, Patrick, Catherine, and Mary Clear to be divided between them in equal shares or portions, share and share alike, to be by them and each of them used, enjoyed and disposed of as they may see fit and proper and hereby instituting and naming the said John Fitzgerald, my son-in-law, at present residing in the Parish of Saint Basile, Executor of this my present last will and testament hereby revoking and repealing all other and former last wills and codicils by me heretofore made wishing and desiring that the present alone be followed.

 

It was thus named, dictated and nominated fait dicté et nommé by the said Testator of his own free will and accord to the said Notary, in presence of said witnesses, at the residence of the said Testator in the Parish of Sainte Catherine, on the day, month, and year first above written.

 

And the said Testator persisted therein after the reading thereof by the said Notary to the said Testator, in the presence of the said witnesses,  as fully to embody and contain his last will and intentions.

 

Thus done and passed at Sainte Catherine aforesaid on the day, month and year aforesaid under the number two thousand four hundred and ninety six of the original deed remaining of record in the office of the undersigned Notary.

 

In testimony whereof the said Testator hath signed these presents with and in the presence of the said Notary and witnesses, who have also signed in the presence of the said Testator and in the presence of each other.

 

Denis Clear, his signature;

Malachy Landrigan, his signature;

John Powell, his signature;

E.A. Panet, N.P., his signature

 

(Transcribed by Gerry Neville – August,  2011)

 

Notes by Patricia Balkcom:  Denis lived another three and a half years; he died on the 29th of June 1887 at about 83 years of age.