12th April 1897
Last Will of James Livingston
(Husband of Mathilda Smith)
From the Notary Records of Edouard Antill Panet
Transcribed from the Original at the Quebec Archives
On this twelfth day of April one thousand eight hundred and ninety seven at the hour of ten thirty of the clock in the forenoon, at the special instance and request of James Livingston of the Parish of Saint Raymond, Farmer, I, Édouard Antill Panet the undersigned Notary Public duly commissioned and sworn in and residing and practising in the Parish of Saint Raymond, Province of Quebec and Dominion of Canada, accompanied by William Livingston and Jacob Smith both of the Parish of Saint Raymond, Farmers, witnesses requested by the said James Livingston to witness this his present last will and testament, repaired to the residence in the said Parish of Saint Raymond of the said James Livingston and there finding him ill in bed but of sound and disposing mind, memory, judgment and understanding as it appeared unto us Notary and witnesses from his words and actions, and being desirous of regulating his worldly affairs whilst yet he hath the strength left to do so, hath named, dictated and nominated unto us said Notary and witnesses his last will and testament in the manner and form following:
1º I recommend my soul to Almighty God my Creator.
2º I will and order that my just debts, funeral and testamentary expenses be first paid by my Testamentary Executor hereinafter named.
3º I will and order that my body be committed to the grave to be buried in a manner suitable to my station in life, and with as little expense as possible.
4º I will, devise and bequeath to my well beloved son Alexander Livingston the whole of my property moveable and immoveable, ready money, rights and actions, and all other property of whatever kind and description I may die possessed of without exception or reserve to be by my said son Alexander used, enjoyed and disposed of in full property and ownership from and after the moment of my death hereby instituting him my universal legatee and devisee in full property and Executor of this my present last will and testament, and hereby revoking all other last wills and codicils by me heretofore made, wishing and desiring that the present alone be followed subject to the charge on the part of my said son Alexander of keeping with him and in common his mother during the whole of her natural life time and furnishing her with the necessities of life, food and clothing.
It was thus named, dictated and nominated by the said Testator of his own free will and accord to the said Notary in presence of said witnesses, in the residence of the said Testator in the said Parish of Saint Raymond, on the day, month, year and hour first above mentioned.
In testimony whereof the said Testator declaring his inability to write or sign his name hath made his usual mark of a cross in the presence of said Notary and witnesses who have each signed with and in the presence of the said Testator and in the presence of each other, these presents having been first duly read by the said Notary to said Testator in presence of said witnesses, the said Testator persisting herein after the reading thereof as fully to embody and contain his last will and intentions, these presents bearing the number five thousand one hundred and fifty five of the original deeds remaining of record in the office of the said undersigned Notary.
(One marginal note good)
James Livingston, his mark; William Livingston, his signature; Jacob Smith, his signature; E.A. Panet, N.P., his signature
NOTE: James Livingston died 25 May 1897 and was buried on the 28 May 1897 (Bourg Louis Church of England).
James Livingston and Mathilda Smith were married on 14 May 1849. (Church Register: Portneuf Church of England).
Transcribed by Gerald Neville, February, 2012