17th October 1889

Will of Patrick Maher

Husband of Catherine Carroll

 

 

From records of Notary Edouard Antill Panet

No. 3524

Translated from the Original Will at the Quebec Archives

 

 

On this seventeenth day of October one thousand eight hundred and eighty nine at the hour of four of the clock in the afternoon, at the special insistence and request of Mr. Patrick Maher, Farmer, and residing in the Parish of Sainte Catherine, I, Édouard Antill Panet, the undersigned Notary Public, duly commissioned and sworn in and residing and practicing  in the Parish of Saint Raymond in the Province of Quebec and Dominion of Canada, accompanied by John Morrissey and James Henchey, both residing in the said Parish of Sainte Catherine, farmers, the witnesses required by law and expressly demanded by the said Patrick Maher for the purposes hereof personally went and reported to the residence of the said Patrick Maher in the said Parish of Sainte Catherine, 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, yet knowing and considering the certainty of death and the uncertainty of the time thereof, and being desirous of regulating his worldly affairs, whilst yet he hath the strength to do so, both named, dictated and nominated unto the said undersigned Notary in the presence of said 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 all my just debts, funeral expenses and testamentary expenses be first paid by my Executrix and Executor hereinafter named.

 

3º I will and order that my body be committed to the grave to be interred in a manner suitable to my station in life and according to the solemnities of the Holy Roman Catholic Church and faith of which I am a member leaving it however to my Executor and Executrix hereinafter named to fix and arrange the manner and expense of my funeral.

 

4º I give, devise and bequeath to Catherine Maher, my daughter, and wife of James Sheehan of the Parish of Ste. Catherine, Farmer, a good milk cow, to be chosen from my herd of cows remaining at the time of my death.

 

5º I give, devise and bequeath to another of my daughters, Mary Maher, at present living in Boston, the sum of twenty dollars, currency to be paid her three years after my death.

 

6º I give, devise and bequeath to another of my daughters, Julia Maher, at present living in Quebec, the like sum of twenty dollars currency to be paid her three years after my death.

 

7º I give, devise and bequeath to one of my sons Patrick William Maher, at present living with me the sum of twenty dollars said currency to be paid him six years after my death.

 

8º I give, devise and bequeath to another of my sons, Joseph Maher, also living with me, the said sum of twenty dollars currency to be paid him six years after my death.

 

And lastly as to the rest, residue and remainder of my property and estate, real and personal, moveable, amongst which I desire especially mention a young three year old mare, black with a white strip down her face always destined to be for my son Richard, and immoveable, ready money, rights and actions and generally whatsoever I shall die possessed of, I give, devise and bequeath the same to my son Richard Maher at present living with me to be by him used, enjoyed and disposed of in full property and ownership from and after the moment of my decease, hereby instituting him my residuary legatee and devisee in full ownership subject to the charge of paying the above mentioned legacies.

 

And I hereby appoint my well beloved wife Catherine Carroll and my said son Richard, as Executrix and Executor of this my last will and testament, extending their powers beyond the day and year allowed by law, and I hereby revoke all other and previous last wills and codicils by me heretofore made wishing and desiring that the present alone be followed.

 

It was thus named, dictated and nominated by the said Testator of his own free will and accord, unto the said Notary in the presence of the said witnesses as aforesaid, in the residence of the said Testator in the said Parish of Sainte Catherine.

 

Thus done and passed in the said Parish of Sainte Catherine in the residence of the said Testator on the day, month, year and hour above written.

 

In faith and 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 the 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 the said testator in the presence of said witnesses, the said Testator persisting herein after the reading hereof as fully to embody and contain his last will and intentions, the present bearing the number three thousand five hundred and twenty four of the original deeds remaining of record in the office of the undersigned Notary.

 

Patrick Maher, his mark;

John Morrissey, his signature;

James Henchey, his signature;

rE.A. Panet, N.P., his signature

_______________________________

 

 

Transcribed by Gerald Neville, 2011

Notes by Patricia Balkcom:  Patrick died about 18 months after this will was written (11 March 1891) at the age of about 67 years.  Six of his known fourteen children (three had predeceased him) are mentioned in the will – these six were essentially the youngest of his children living.