6th February 1862

Last Will of John Dunlevy

Husband of Mary Roe

 

 

From records of Notary Benjamin Lelievre

No. 1197

Quebec Archives, Microfilm #4M01-4421

 

 

 

On this day the sixth of February in the year of our Lord One Thousand eight hundred and sixty two, the undersigned Notary Public duly commissioned and sworn for Lower Canada, residing in the District of Quebec, at the request of John Dunlevy, residing in the Seigniory of Saint Gabriel at the place called Valcartier, theretofore went to the residence of said John Dunlevy, dictate at the structure aforesaid.

            Where being in the presence of John Navin, <unreadable occupation> and Thomas Lannin, farmer, both residing in Valcartier, aforesaid, witnesses called upon and present for the purpose hereof the said witnesses signing with me the said Notary, found the said John Dunlevy, unwell, nevertheless being found of sound memory, judgment and understanding as appeared to me, the said Notary, and to the above named and undersigned witnesses, by his actions, discourse, and words.

            And the said John Dunlevy, considering the certainty of death and the uncertainty of the hour thereof, doth make, publish, dictate and declare to Benjamin Lelievre, the said undersigned Notary in the presence of the said above named and undersigned witnesses, his last will and testament in manner and form following, that is to say, the said John Dunlevy, recommends his soul to God, his creator, when it shall please him to dissolve his mortal body hoping for a free remission and pardon of his sins, through the intercession of his blessed son and saviour.

            Hereby the said John Dunlevy, doth give and bequeath unto Mary Roe, his beloved wife, that is to say the northeast half of a lot of land lying and being in the Seigniory of Saint Gabriel aforesaid in the fourth range, continuing three arpents in front by 30 arpents more or less in arpents bounded in front by the Queen’s Highway and in the rear by the fifth Concession, on the northeast partly by the Queen’s Highway and partly by the property of John Bertrand on southwest by the property belonging to Charles Jack, bordering with the house and other buildings thereon and erected and such as the said northeast half lot ___ without any reserve.  Secondly, the said John Dunlevy doth give and bequeath unto John Dunlevy his son, the south west half of the lot of land herein above described, together with the house herein erected and such as the said southwest half  ___ said southwest half ___without any reserve whatsoever.

            The said Mary Roe, and the said John Dunlevy, his son, to have hold use, occupy, possess and enjoy the said above given property in full property and forever from and after the day of the decease of the said John Dunlevy.

            The said John Dunlevy doth further give and bequeath to the said Mary Roe, his said wife and unto the said John Dunlevy, his said son all his moveable property generally consisting of household furniture, kitchen utensils and agricultural tools, clothing and bedding, and also his stock of cattle to be enjoyed by them in common so long as they will live together, but in the event of the said Mary Roe and the said John Dunlevy separating and wanting to live apart, then and in that case the said John Dunlevy directs that the said movable property and stock of cattle be equally and fairly divided between the said Mary Roe and the said John Dunlevy and that such division be made by his executors hereinafter named.

            As to all the debts due to the said John Dunlevy, sum and sums of money notes at hand and obligation due to the said John Dunlevy, of which may hereafter become dies, the said John Dunlevy doth give and bequeath the same unto the said Mary Roe, his said wife and said John Dunlevy his said son, and Bridget Dunlevy, his daughter to be equally and fairly divided between themselves.

            Nevertheless save and reserve the sum of three hundred dollars with the interest which will therein accrue, which the said John Dunlevy doth hereby give and bequeath to the said Bridget Dunlevy, his said daughter, to be her sole and private property which said sum is due by the following persons to wit, John Lavole and Patrick Lavole and five hundred dollars to Thomas Lannin.

            And the said John Dunlevy directs that in the event of the said John Dunlevy, his said son, wishing to live apart and build a house on the said given and bequeathed half lot, that the said Mary Roe be bound to pay him the sum of sixty dollars as to help towards building the said house.

            The said John Dunlevy desires that his body be buried at the discretion of his executors hereafter named.

            The said John Dunlevy directs that all his just and lawful debts, if any there be, be paid by his said executors hereinafter named.

            And the said John Dunlevy doth hereby nominate and appoint executors to this his last will and testament the person of Francis Conway and Andrew Landrigan, both of Valcartier farmers whom he doth hereby request to tender him this last act of kindness.

            The said John Dunlevy hereby annulling, cancelling and marking void all former will or wills which may have been heretofore made and executed to him the said John Dunlevy.

            This done, made and dictated word by word of the said John Dunlevy to him and Benjamin Lelievre in the presence of the said above named and undersigned witnesses at the residence of the said John Dunlevy dictate as before mentioned on the day and year said above written under the number one thousand one hundred and ninety seven and the present last will and testament having been read and reread to the said John Dunlevy which he declared well to understand as being his last will and meaning he, the said John Dunlevy hath persisted therein and hath signed  with me the said Notary and the said above named and undersigned witnesses in faith and testimony of the premises.

 

<signed> John Dunlevy

<signed> John Navin

<signed> Thomas Lannin

<signed>  Benj. Lelievre

 

Transcribed by Luanne Griffin and Patrick Keily

February 2012

 

Notes by Patricia Balkcom:   John died 2 weeks later at the reported age of 65.