20th  August 1860

Last Will of Thomas Davis

Husband of Catherine Pritchard

Transcribed from the Original Will

Quebec Archives

 #309, Register of Holographic Wills

 

 

In the name of God, Amen. I, Thomas Davis, being sick of body, but of sound and disposing mind, memory and understanding, praised be God for the same, do make and ordain this my last will and testament in manner and form following, that is to say:

 

I will and bequeath unto my beloved wife, Catherine Pritchard, the sum of twelve pounds yearly, to be paid and applied out of the proceeds of the sale of my land to John McCune as by deed expressed on or about the seventh day of this present month of August and out of the rent by me enjoyed as on my son Thomas Davis by deed of donation. I will and bequeath that the several sums bequeathed by me any part shall not be paid until the decease of my wife, Catherine Pritchard, after that to be paid by installments equal to this amount so bequeathed according to the tenor of the deeds made and passed.

 

I will and bequeath that my son Thomas Davis shall pay the sum of five pounds in lieu of the eight pounds mentioned in said deed, to be paid by installments of ten dollars every six months from the date of the said deed providing that the said Thomas Davis my son shall not pay anything for the first three years from the date of the said deed executed in the month of May 1859 between and the said Thomas Davis my son the rest and residue of the incomes accruing by the said above-mentioned deed to be placed in a Savings Bank by the executors hereafter nominated and appointed.

 

I wish and bequeath unto my son John the sum of ten dollars.

I wish and bequeath unto my daughter Ann the sum of ten dollars.

I wish and bequeath unto my daughter Catherine the sum of ten dollars.

I wish and bequeath unto my daughter Mary the sum of sixty dollars.

I wish and bequeath unto my grand daughter Mary Ann the sum of sixty dollars.

 

Providing that in the case of the decease of the said Catherine Pritchard my wife before that the income is expended the residue is to be divided in manner and form following: my daughter Mary is to receive five and my grand daughter Mary Ann is to receive five pound, the remainder to be equally divided among the heirs above mentioned.

 

Providing that in the case of the death of the said Mary Ann McCune my granddaughter the said money shall be given to my grandson Thomas McCune, her brother.

 

I give and bequeath unto my son Thomas, my farming utensils & all the rest and residue of my personal estate; my funeral expenses shall be defrayed out of it and likewise at the decease of my wife Catherine Pritchard, her funeral expenses to be defrayed out of any monies then in possession or accounting out of my property in preference to any division of the second part.

 

I hereby nominate and appoint Mr. Samuel Shanks of Valcartier to be my Agent to receive all monies to give receipts for said monies and for the tenor of this my Last Will and Testament and I hereby constitute and appoint the said Mr. Samuel Shanks. Mr. Henry Crawford and Mr. John McCune to be the Executors of this my last will and testament.

 

Providing that the said Mary Ann McCune my granddaughter shall marry to the satisfaction of her parents.

 

I do declare this to be my Last Will and Testament in witness whereof I have at the bottom of the second in two pages of paper and to the second and last page of paper subscribed my name and to the third and last sheet of paper my hand and seal this twentieth day of August in the year of our Lord one thousand eight hundred and sixty at Valcartier in the County of Quebec.

 

Thomas Davis, his signature and seal;

Samuel Shanks, his signature;

John McCune, his signature;

Henry Crawford, his signature

____________________

 

NOTE: Will of Thomas Davis, 20th August 1860: Opened by Henry Crawford in the presence of the Heirs of the late Thomas Davis who departed this life on Saturday the eighth September one thousand eight hundred and sixty and read in the presence of all the heirs who were present on the eleventh day of September 1860 in the house of the late Thomas Davis, Valcartier in the District of Quebec. Present: Henry Crawford; Samuel Shanks.

 

Transcribed by Gerald Neville

July, 2011