14th October 1891
Last Will of David Cullen
Husband of Mary Gurry
From the Notary Leonidas-Praxede Bernard
Quebec Archives – Original Will
On this day the fourteenth of the month of October in the year of our Lord one thousand eight hundred and ninety one, before me Léonidas-Praxède Bernard, the undersigned Notary Public, residing in the Parish of Cap Santé, in the District and Province of Quebec, personally came, appeared and was present Mr. David Cullen of the Parish of Ste. Catherine, Farmer, which said Mr. David Cullen being sick of body and of sound and disposing mind, memory and understanding as appeared unto the undersigned Notary and witnesses, and desirous of settling his worldly affairs hath requested the said Notary to receive his present last will or testament in the manner and form following, to wit:
Firstly, I recommend my soul to Almighty God my Creator, the father of all mercies, humbly imploring at His Hands forgiveness of my sins through the gracious intercession of my Divine Redeemer, Jesus Christ.
Secondly, I will and ordain to bury my body in the cemetery of the Parish when I shall decease, with an ordinary service and another anniversary service.
Thirdly, I will and direct that all my debts and funeral expenses be paid and satisfied by my Executor hereinafter named.
Fourthly, I will and bequeath unto my son, Mr. James Cullen, of the said Parish of Ste. Catherine, Farmer, all and singular the property real and personal, moveable and immoveable whatsoever of which I may be seized and possessed and wherever situate and being without any exception or reserve whatsoever.
To have and to hold all and singular the said property real and personal, moveable and immoveable above bequeathed unto my said son, his heirs and assigns to the only proper use of the said James Cullen from and after my decease from thenceforth for ever, at the charge of my said son to board, lodge, wash, mind, and maintain as well in sickness as in health, in a proper and befitting manner, my beloved wife Mary Gurry [Gorrie], she the said Mary Gurry working for the profit of my said son when thereto inclined.
And further at the charge by my said son to board, lodge, wash, mind and maintain each of his brothers and sisters, my said children as long as they will not be provided in any manner whatsoever, they my said children working for the profit of my said son Mr. James Cullen.
And as for the execution of this my present last will, I do hereby nominate and appoint my said son, into whose hands I do in conformity to the law and custom in that behalf, hereby disseize and divest my self for the ends hereof and hereby instituting him my sole universal legatee, hereby revoking all other wills which I may have made prior or before the present to which alone I do adhere as maintaining my true intentions and last will.
Thus done, dictated and declared by the said Testator as and for his last will to and in the presence of us the said Notary and M.M. James Sheehan & James Coughlin, both Farmers, residing at the said Parish of Ste. Catherine, witnesses hereto requested, on the day, month and year first above written, under the number five thousand seven hundred and fifty four. And the said foregoing will having been read to the said Testator by the said Notary in the presence of the said witnesses he hath persisted therein. In faith and testimony whereof the said witnesses have set and subscribed their names and signatures in the presence of the said Notary also hereunto subscribing, the Testator declared to be illiterate, these presents having been first duly read.
James Sheehan, his signature;
James Coughlin, his signature;
L.P. Bernard, N.P., his signature
Note by Patricia Balkcom: David lived until the 23rd of September, 1894, three years after this will was written. James was the youngest child of David, he would have been 21 years of age when this will was written. Mary Gurry, his wife, predeceased him in 1893.
Transcribed by Gerald Neville, January, 2012