8th February 1836

Last Will of James Cotter

(Husband of Margaret Hayes)

 

From records of Edward George Cannon

Record No. 7

Quebec Archives Microfilm #4M01-1565 

 

 

On the eight day of February one thousand eight hundred and thirty six was present before me and the undersigned witnesses James Cotter born in the Parish of Scull, County Cork, Ireland and now residing in the Parish of Saint Catherine de Fossambault who being sick but possessing good sense and sound judgment as it appeared to me and the undersigned witnesses, has declared to me his desire of making his last will and testament and has accordingly dictated what follows, viz.:

 

1º I bequeath my soul to Almighty God hoping that he will receive it in his great mercy and forgive me all my sins through the merits of my Saviour Jesus Christ.

 

2º I leave my body to the earth from whence it was taken and desire a Christian burial with a funeral High Mass sung in my parish of St. Catherine.

 

3º I leave to my wife, Margaret Hayes, and to my two children by her, James and Margaret Cotter one half Lot of land adjoining my present property which I intend to buy from Robert Hughes with all the buildings and dependencies and in case that I should not buy the said half Lot, I leave to her and the said two children the sum of fourteen pounds currency being the sum required for said Lot. I likewise leave to my said wife, one cow, three pigs, one calf, one feather bed and bedstead.

 

4º I leave to my son George Cotter the half Lot of land on which I now reside with all the buildings and dependencies. Likewise I leave to him one horse, one cow, one ox, three pigs, and my double stone, my cart and other farming utensils under condition that he will reasonably aid and assist his stepmother my present wife and give her a day's work now and then as circumstances may allow.

 

5º I leave to my unworthy son Thomas Cotter nothing but one shilling British to be paid to him by my son George when required and I deprive him of any share whatsoever belongs to me.

 

6º Whatever debts may be due to me shall be drawn by my wife and my son George to pay anything that I may owe and the expenses of my funeral.

 

7º I do name and appoint for the execution of this my last will and testament my two friends Owen Sullivan and Timothy McCarthy to whom I give all power according to Law.

 

This, the said Testator James Cotter has declared to be his Last Will and Testament after being duly read according to the Law, and having declared that he well understood it, in presence of Jeremiah O'Donovan, James Halligan, and John Power who have signed with me, the said Testator has declared that he cannot write but has made his mark.

 

Done and passed in the dwelling home of the said Testator on the day and year aforesaid and have signed with us.

One word erased is null.

 

James Cotter, his mark; Jeremiah O'Donovan, his signature; James Halligan, his signature; John Power, his signature, H. Paisley, Priest, his signature.

________________________

Deposit of James Cotter's Will by the Rev. Hugh Paisley

in the minutes of Notary Edward George Cannon

 

And on the ninth day of March in the year of our Lord one thousand eight hundred and thirty seven, before us the undersigned Notaries Public duly commissioned and sworn for the Province of Lower Canada and residing in the City of Quebec in the said Province personally came, appeared and was present the Reverend Hugh Paisley of the Parish of St. Catherine de Fossambault, Curate of the said Parish, which said Hugh Paisley who deposited for minutes in the office of Edward George Cannon one of the undersigned Notaries the original will signed by James Cotter at the said Parish of St. Catherine de Fossambault before the said Hugh Paisley and Jeremiah O'Donovan, James Halligan, and John Power witnesses to the said will and which said original will remains hereunto annexed after having been certified by the said Hugh Paisley to be true and signed in the presence of the undersigned Notaries and whereof having been requested by us the said Notaries we have granted these presents to serve and avail as of Law a right doth thereunto appertain.

 

Thus done and published in the City of Quebec aforesaid at the office of Edward George Cannon one of the undersigned Notaries on the day and year first above written.

 

In faith and testimony whereof the said Hugh Paisley had to these presents first duly read according to the law set and subscribed his name and signature in the presence of us the said Notaries also hereunto subscribing.

 

H. Paisley, Priest, his signature; M. Tessier, N.P., his signature; E.G.Cannon, N.P., his signature

 

 

Transcribed by Gerald Neville, June, 2011

Notes by Patricia Balkcom:  I cannot find the burial record for James, but in his son, George’s marriage record (20 Aug. 1839), it states James is deceased.