15th August 1844
Last Will of David Maher
From records of Notary Jean-Olivier Brunet
Quebec Archives Film #4MO1-1528A
On this day the fifteenth day of August in the year of our Lord one thousand eight hundred and forty four at eight o'clock at night, We, the undersigned Notary Public duly admitted and sworn in and for the Province of Canada herein to fore called Province of Lower Canada and residing in the parish of Sainte Catherine, Fossambault, District of Quebec in the same Province and before the herein Messr. Paisley Cure of the said Parish of Sainte Catherine of Fossambault and Mr. William Guilfoyle, farmer of the said Parish witnesses having been called and requested mandés et requis by Mr. David Maher farmer went to his residence situate and being in the six range of the said Parish of Sainte Catherine of Fossambault, then and there being we found the said David Maher in a room in a sound and perfect mind, memory, and understanding who desired me the said Notary in the presence of the witnesses therein mentioned to write down and receive in due form of Law his last Will and Testament which he instantly published, made, and dictated word by word before me the said Notary and the witnesses in manner and form following, that is to say,
First, I resign my soul into the hands of Almighty God hoping and believing a remission of my sins by the merits and mediations of Jesus Christ my blessed Saviour, and my body I commit to the earth to be buried at the discretion of my executor hereinafter named.
2º I give and bequeath unto Judith Dwyer, my beloved wife, the usufruct of all my property moveable and immoveable and that after her death if Anthony Maher behave himself fully to his mother that he will have the farm with all the utensils that will be found there on the farm with two cows and a horse and that the remainder of the cattle if any there be, she may dispose of as she thinks proper.
Now as thus published, made, dictated, and named word by word by the said David Maher, Testator, unto us the said Notary at the said Parish of Sainte Catherine of Fossambault on the day and year first above written and the said present will and testament having afterwards read in full over and over again lu et relus to the said Testator by the said Notary in the presence of the undersigned witnesses, the said Testator declared that he had perfectly heard and understood, the same found it to contain his true and last will and intention that therefore persisted and that herein and declared that he could not sign his name as requested to do so by the said notary and the witnesses in faith and testimony of the premises signed. Four words struck null.
H. Paisley, his signature
William Guilfoyle, his signature
J.O. Brunet, Notary, his signature.
Transcribed by Gerry Neville, February, 2011
Notes by Patricia Balkcom: David died a week later.