16th January 1853

Will of John Hornby

Husband of Mary Turpin

 

From the Notary Records of John Birch

Record #537

Microfilm #4M01-1372 at the Quebec Archives

 

 

On this sixteenth day of January in the year of our Lord one thousand eight hundred and fifty three, at the request of John Hornby, Farmer, of the Settlement of Valcartier in the Parish of St. Amboise, Seigniory of St. Gabriel, we the undersigned John Birch, Notary Public duly admitted and sworn in and for that part of the Canadian Province called Lower Canada, and residing in the City of Quebec in the said province and the witnesses hereinafter named went to the residence of the said John Hornby and living in the Settlement, Parish, and Seigniory aforesaid, and once there being for the said Notary and witnesses found the said John Hornby in bed sick of body but of sound mind, memory and understanding, as appeared to us the said Notary and witnesses by his general manner and conversation and who considering the certainly of death and the uncertainty of the time thereof hath requested by the said John Birch Notary in the presence of the witnesses hereby after named as before me desired to take down and reduce into writing this his last Will and Testament which he the said John Hornby hath dictated unto the Notary and witnesses mot a mot in manner and form following, that is to say –

 

Firstly, the said Testator doth recommend his soul unto Almighty God and direct that his body by committed to the earth with decent and Christian burial at the discretion of the Testamentary Executors hereinafter named.

 

Secondly, the said Testator directs that all his just debts and funeral expenses be fully paid and liquidated.

 

Thirdly, as to the worldly estate with which it hath pleased God to bless him the said Testator doth give and devise, direct and dispose to respect thereof, as follows, the said Testator doth hereby give, devise and bequeath unto his son John all that half Lot of land and buildings thereon created, situate and being in the parish of St. Ambroise in the Seigniory of St. Gabriel in the place called Val-Cartier being Lot Number Three on the ??????? on the continuation of the fifth concession and on which the said  Testator doth now reside.

 

Fourthly, the said Testator doth give, devise, and bequeath unto his son John one equal half of Lot number thirteen in the Fifth Concession of ValCartier aforesaid and unto his son William the other half of the same, the Buildings thereon to be divided by valuation or otherwise as the said John Hornby and William Hornby shall agree.

 

Fifthly, the said Testator doth give and bequeath out of his real and personal estate unto his loving wife Mary Toppen (Turpin) the sum of ten pounds lawful current money annually unto the day of her decease to be paid in quarterly payments of two pounds ten shillings each from the day of the Testator’s decease by the said John Hornby Junior and William Hornby – The said John Hornby Junior and William Hornby being bound upon the requisition of the said Mary Toppen (Turpin) to erect a small dwelling upon some portion of the aforesaid Lot Number Three in the first ?? on the continuation of the Fifth Concession and to supply her with necessary furniture for the same and firewood ready cut at her dwelling a milk cow and keep.

 

(There is no Sixthly in the will).

 

Seventhly, the said Testator doth give, devise, and bequeath to his son Charles the sum of five pounds current money to be paid by the said John Hornby Junior and William Hornby ??? on the said Charles Hornby in comfortable clothing as to the said John Hornby and William Hornby  shall ??? annually.  The said Charles Hornby to have the privilege of boarding and lodging with John Hornby Junior for one six months of the year and with William Hornby for the other six months of the year.

 

Eighthly, the said testator doth give and bequeath to his son Francis out of his real or personal estate the sum of twenty pound currency in lieu of any share of property left by the said Testator which said sum shall be shared equally between the said John Hornby Junior and William Hornby but should occur that the said Francis Hornby should ??? from his mother’s estate usual case shall not be.

 

Ninthly, The said Testator doth give and bequeath unto his son William his choice of four cows, one horse and all the ?? together with the household furniture, the remaining cattle to be sold and the proceeds added to the cash account of the said Testator. 

 

Tenthly, The said Testator doth give and bequesth unto his John ten pounds current money of this province to the said William Hornby in lieu of any cattle which may remain upon the farm  at his decease provided the said John Hornby Junior not take possession of the said premises until the expiration of twelve months from the first day of May next after the said Testator’s decease though he may farm his share of the said land and have the House/Room for his produce use provided that the said John Hornby, Junior, upon entering into possession doth pay to the said William Hornby the sum of sixty five pounds currency.

 

Eleventhly, the said testator doth give and bequeath to his loving wife Mary Turpin five pounds to be taken out of his real estate as well as personal at the day of the Testator’s decease.

 

Twelfthly, the said testator doth give and bequeath to the Reverend Edward Cullen Parkin and the church wardens for the said parish the sum of five pounds currency towards the erection of the stone church in the settlement of Valcartier.

 

The remainder of the said Testator’s personal or moveable property not herein mentioned, the said Testator doth give and bequeath unto his son William.

 

And for the due execution of this my true last will and testament the said Testator and by these presents, doth constitute, nominate and appoint the said Revered Edward Cullen Parkin and Henry Ward, Farmer, both of the said place called ValCartier to be his Testamentary Executors of this his true last will and testament and in whose power he doth hereby deseize and divest himself of his estate hereby also revoking all his wills and testament that he may have made prior to these presents.

 

This done, dictated and named word by word by the said Testator by the said John Birch (and by whom these presents are written) and the presence of John Brown, farmer, and Thomas Lavallee, also farmer, both residing in the said place called ValCartier and after the said present will has been twice duly read lu et relu unto  him the said Testator by him the said John Birch in the presence of the said witnesses he declared the same to be his true last will and testament and presented therein and having declared he could neither write no sign hath made his mark of a cross in the presence of me the said Notary and witnesses hereunto subscribed.  These presents being number five hundred and thirty seven.

 

John Hornby, his mark

Henry Ward, his signature

John Brown, his signature

Thomas Lavallee, his signature

J. Birch, Notary, his signature

 

(Transcribed by Gerry Neville – 2012)

 

Notes by Patricia Balkcom:  John lived another sixteen years and another will was written in 1857, shortly before his wife died.  The four sons mentioned here were sons of John and his first wife (name unknown).  Mary Turpin and John did not have any children.