2nd March 1865
Last Will of Elizabeth Lawless
(wife of Martin Fogarty)
From records of Notary Benjamin Lelievre, No. 1320
Quebec Archives Film #4MO1-4421
On this day the second of March in the year of our Lord one thousand and sixty five, before me the undersigned Notary Public duly commissioned and sworn for Lower Canada residing in the District of Quebec, and in the presence of Robert Leonard Mailhot, Esquire, and Francis Ireland, farmer, both residing in the Parish of Valcartier, in the County of Quebec, Witnesses in the will and present for the purposes hereof, the said witnesses signing with me the said Notary, personally came and appeared Elizabeth Lawless, wife of Martin Fogarty, residing in the Parish of Saint Catherine in the County of Portneuf in the District of Quebec aforesaid.
Which said Elizabeth Lawless being sound of mind, memory, judgment, and understanding as appeared to me the said Notary and to the same above named and undersigned witnesses, by her actions words, and discourse and for the purpose hereof came in the office of Benjamin Lelièvre the undersigned Notary.
And the said Elizabeth Lawless considering the certainty of death and the uncertainty of the hour thereof, doth hereby make, publish, declare, and dictate to the said Benjamin Lelièvre in the presence of the same above named and undersigned witnesses her last Will and Testament in the manner following. That is to say, the said Elizabeth Lawless recommends her soul to God, her Creator, when it shall please Him to dissolve her mortal body, hoping for a free remission and pardon of all her sins through the intercession of his blessed Son, our Savior.
The said Elizabeth Lawless doth hereby give and bequeath all her moveable and immovable property, sum and sums of money, notes of lien and obligation or otherwise of which she is now possessed of or may hereafter be possessed of without any reserve, reduction, or limitation whatever, and where ever the same may be found, whether in Canada or elsewhere to William Fogarty, one of her sons, issue of her marriage with the said Martin Fogarty, her husband.
The said William Fogarty, her son, is to have and to hold, use and enjoy the said moveable and immovable property, sum and sums of money and otherwise as aforesaid, of which she is now possessed of full property forever from and after the day of the decease of the said Elizabeth Lawless.
The present Last Will and Testament is this, made at the charge by the said William Fogarty, to Martin Fogarty, one of his brothers, the sum of one hundred and sixty dollars which said sum the said William Fogarty will be bound and obliged to pay to the said Martin Fogarty or his heirs and assigns six months after the decease of the said Elizabeth Lawless. And again at the charge of the said William Fogarty of paying unto Elizabeth Fogarty, one of his sisters, the sum of one hundred dollars, which said sum the said William Fogarty will be bound and obliged to pay to the said Elizabeth Fogarty or her heirs and assigns in six months after the decease of the said Elizabeth Lawless.
The said Elizabeth Lawless directs that her just and lawful debts be paid by the same William Fogarty.-
The said Elizabeth Lawless directs that her body be buried in a decent and plain manner and that no crosses be worn by persons attending her funeral.
The said Elizabeth Lawless directs that one low mass be said every Monday during one year from the day of her decease and the expense of the same be paid by the said William Fogarty.
The said Elizabeth Lawless doth hereby annul, cancel, abrogate, and make void all former will or wills which have been heretofore made and executed by her the said Elizabeth Lawless.
Thus done, made and dictated word by word by the said Elizabeth Lawless to the said Benjamin Lelièvre in the presence of the said above named and undersigned witnesses in the Office of the said Benjamin Lelièvre, at ValCartier, in the County of Quebec, in the District of Quebec, aforesaid on the day and year first above written under the number one thousand three hundred and twenty and the present last will and testament having been read and re-read to the said Elizabeth Lawless which she declared well to understand as being her last will and meaning she hath persisted thereon and hath declared that she can not write nor sign her name, but made her ordinary mark of a cross, having the said above named witnesses sign with me the said Notary in faith and testimony of the promises.
Words struck our are null and marginal note approved.
Elizabeth Lawless, her mark
Robert L. Mailhot, his signature
Francis Ireland, his signature
Benj. Lelièvre, his signature
Transcribed by Gerry Neville, 2 February, 2011
Notes by Patricia Balkcom: Elizabeth and Martin had at least eleven children together, three of them are mentioned in the will. Elizabeth died five and a half years ( 8 October 1871) after she wrote this will, Martin died in 1872.