4th  September 1879

Last Will of Richard Hayes

Husband of Mary White

 

 

From records of Notary Joseph Laurin

No. 7929

Quebec Archives Microfilm Number 4M01-4771

 

 

 

On the fourth day of the month of September in the year of our Lord one thousand eight hundred and seventy nine, at the request of Mr. Richard Hayes, Farmer, of the Parish of St. Gabriel of Valcartier, I the undersigned Public Notary went to the residence of the said Richard Hayes in the said Parish of St. Gabriel of Valcartier where I found him being sick of body, but apparently sound of mind, memory and understanding who requested me the undersigned Public Notary to write down and receive in the form of law his last will and testament which he instantly made and dictated unto me the undersigned Public Notary in the manner and form following, viz.:

 

1º  I recommend my soul to the Almighty God, hoping for a free pardon and remission for all my sins and my body I commit to the earth to be buried in the cemetery, leaving the care of my funeral to my Executor.

 

2º  I will and direct that all my just debts be fully paid and satisfied out of my estate and property by my Executor hereinafter named.

 

3º  I give and bequeath to my son Patrick Hayes my share of the land occupied now by him in the said Parish of St. Gabriel of Valcartier in full property, en pleine propriété.

 

4º  I give and bequeath to my son Edward Hayes and to my daughter Jane Hayes the remainder of all my properties, possessions and effects real and personal of whatever kind and wherever situated, and all sums of money, which I may leave, at the time of my death, and I institute the said Edward Hayes and Jane Hayes my universal legatees in full property, en pleine propriété.

 

And lastly, I do hereby nominate and appoint my son, the said Edward Hayes, my sole Executor, and in hands of whom I divest and disseize myself of all my estate and property according to law.

 

And I hereby revoke and make null and void all other wills and codicils at any time heretofore by me made, declaring the present to be my only true and last will and testament.

 

It was thus made, dictated and named by the said Richard Hayes to Mtre. Jos. Laurin, Notary, at the place aforesaid, in presence of the Reverend John O’Farrell, Priest and Curate of the said Parish of St. Gabriel of Valcartier, and of Mr. James O’Connor, Farmer, of the same place, especially demanded for and to the effect of these presents, and the present last will and testament having been read in full to the said Testator by the said Jos. Laurin, Public Notary, in the presence of the aforesaid witnesses, he the said Testator declared that he had perfectly heard and understood the same and found it to contain his true last will and intentions, therefore persisted therein, at the place aforesaid, on the day, month and year first above written under the number seven thousand nine hundred and twenty nine.

 

And in faith and testimony of the premises, the said Testator has declared being unable to sign and write his name in the presence of the said witnesses, who have signed these presents in the presence of the said Testator and of the said Public Notary, and in the presence the ones of the others, the said Public Notary having signed these presents in the presence of the said Testator and witnesses, these presents having been first duly read according to law.

 

One marginal note is good. Two words struck out are null.

 

J. O’Farrell, Ptre., his signature;

James O’Connor, his signature;

Jos. Laurin, Not. Pub., his signature

 

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Transcribed by Gerald Neville,   January, 2013

 

Note by Patricia Balkcom:  Richard died two days later at the age of about 70 years.  Although he and Mary White had 11 known children (at least two had died in infancy), only three children are mentioned in the Will.  Also, his wife is not mentioned though she outlived him.