25th March 1869

Last Will of James Coughlan

 

From records of Notary Charles Henry Andrews

                           No. 1208

Quebec Archives Film Online

 

 

On he twenty fifth day of March in the year of our Lord one thousand eight hundred and sixty nine, at about seven of the clock in the afternoon,

 

At the request of Mr. James Coughlan of the Parish of St. Catherines in the County of Portneuf and District of Quebec, Farmer, I the undersigned Public Notary duly commissioned and sworn and residing at the City of Quebec in the Province of Quebec and Dominion of Canada, went to the house and residence of the said James Coughlan in the said Parish of St. Catherines where being I found the said James Coughlan apparently of good bodily health and of sound mind, memory, judgment, and understanding, which the said James Coughlan requested me the said Notary in the presence of Mr. Patrick White, Farmer, and Mr. Patrick Brennan, Farmer, both of the said Parish of St. Catherines, witnesses also requested to be present to write down and receive his last will and testament which he instantly made, dictated, and named in manner and form following, that is to say:

 

I will and direct that all my just debts and funeral expenses be paid and satisfied with all due diligence after my decease.

 

I will, devise and bequeath unto my daughter, Bridget Coughlan, the whole of my property moveable and immoveable, real and personal, debts, obligations, ready money and wearing apparel which I may die possessed of without any exception or reserve whatsoever unto whom I do hereby institute my universal and esiduary legatee of all my said property moveable and immoveable, real and personal to have and to hold the same after my decease and after the decease of my beloved wife, Ellen Sweeney, in full and absolute property, it being expressly my wish that should I die before my said wife that she shall have the usufruct and enjoyment during her life of all my said property both moveable and immoveable, hereby revoking and making null and void all former wills and codicils at any time heretofore by me made declaring the present to be my only true last will and testament.

 

And I will and direct that in consideration of my willing all my said property to my said daughter, I will and direct and do give and bequeath unto my son James Coughlan the sum of four hundred dollars current money of Canada to be paid in annual payments or installments of forty dollars each to be made in one year after the decease of my said wife and of mine, said sums of money to be so made without interest.

 

And I lastly will and direct that should my said daughter wish to sell and dispose of said immoveable property, then and in such case that my said son shall have the privilege of purchasing the same at the sum of ten hundred dollars to be paid in ten equal annual payments without interest and in such event that the said Bridget Coughlan shall not be bound to pay the said aforementioned sum of one hundred pounds,  or any part thereof and if any part be paid at the time of such purchase the same shall be refunded at the time of such purchase.

 

It was thus made, dictated, and named by the said Testator unto me the said Notary and witnesses and the present last will and testament having been read and read again to the said James Coughlan by me the said Notary in the presence of the said witnesses the said James Coughlan declared to have perfectly heard and understood the same and persisted therein declaring that it contained entirely his last will and testament.

 

Done and executed at the said Parish of St. Catherines at the residence of the said Testator on the day and year first above written under the number one thousand two hundred and eight, the said James Coughlan having declared not to know how to write nor sign his name after these presents having been twice duly read as aforesaid.

 

Twenty four words struct out are null. One marginal note good.

 

James Coughlan, his mark

Patrick White, his signature

Patrick Brennan, his signature

C.H. Andrews, Notary, his signature

 

Transcribed by Gerald Neville, April 2011

Notes by Patricia Balkcom:  James lived another 13 years, he died 2nd May 1882.  His wife died before him (1872).  It appears that he had five children survive him, interesting that his daughter, Bridget, received all of his property.