2nd April 1874
Last Will of Mary Hewton
(Wife of William Marshall)
From the records of Notary Charles Aylwin
Quebec Archives Microfilm #4M01-1212
On the second day of April in the year of our Lord one thousand eight hundred and seventy four, at the request of Mrs. Mary Hewton of Halesborough in the Barony of Portneuf in that part of the Dominion of Canada heretofore Lower Canada, wife of William Marshall, of the same place, Farmer, I the undersigned Public Notary duly commissioned and sworn in and for the District and Province of Quebec, residing in the Parish of Cap Santé, in the said District and Province, and the witnesses hereinafter named, went to the residence of the said Mary Marshall situate at Halesborough aforesaid, where being, we found the said Mary Marshall lying on her bed in weak bodily health but of sound mind, memory and understanding as it appeared by her manner and conversation, and who, considering the certainty of death and the uncertainty of the hour thereof, hath in that view requested of me Charles Aylwin, the said Notary, to receive and reduce into writing this her last will and testament which I have accordingly done as dictated by her word for word in the presence of Messieurs Francis White and Hopper White both of Halesborough aforesaid, Farmers, witnesses hereto, in the words following, that is to say:
Firstly and principally, I commend my soul to Almighty God the Father of all mercies, humbly imploring His forgiveness of my sins through the gracious intercession of my Divine Redeemer, Jesus Christ, and my body to the earth to be buried in such manner as my Executor hereinafter named may direct and that all my just and lawful debts and funeral expenses be paid and satisfied.
Secondly, I will and bequeath that my beloved son, John Marshall, residing at present with me all and singular the property real and personal, moveable and immoveable generally whatsoever and without any exception or reserve (save that of a bed and bedroom furniture and other small articles in favor of my daughter Margaret Anne) which I may die seized and possessed and wherever situate and being.
To have and to hold all and singular the said property real and personal, moveable and immoveable, unto my said son John Marshall, his heirs and assigns, to the only proper use and behoof of my said son John Marshall, his heirs and assigns from and after my decease from henceforth for ever subject however by him to each of his brothers and sisters, to wit: Jane, wife of Benjamin Wilkinson; Thomas, Henry, Robert and to the above named Margaret Anne, of the sum of five shillings current money of this Province, the month after my decease, the said sum to be in full payment of all pretensions which they may respectively have in my future estate & succession.
And for the execution of this my last will and testament I do hereby appoint my said husband and my said son John, into whose hands I do in conformity to the law and custom of this Province hereby disseize and divest myself of all my property for the ends hereof, and hereby instituting my said son John my sole and universal legatee.
Hereby revoking all other wills, testaments and codicils which I may have made prior to the present to which alone I do adhere as containing my true intentions and last will. Done act under the number one thousand three hundred and two.
Thus done and dictated word for word and published and declared by the said Testatrix as and for her last will and testament to and in the presence of me the said Notary and witnesses above named, on the day and year first above written at the hour of nine in the forenoon.
In faith and testimony whereof the said Testatrix hath to these presents first twice duly read, set and subscribed her ordinary mark of a cross being unable to sign her name in consequence of feebleness, in the presence of me the said Notary and witnesses also hereunto subscribing.
Mary Marshall, her mark;
Frank White, his signature;
Hopper White, his signature;
Charles Aylwin, N.P., his signature
[Transcribed by Gerald J. Neville - May 2011]