4th February 1834
Last Will of James Maloney
From records of Notary Benjamin Lelievre, No. 694
Quebec Archives Film #4MO1-4420
On this day the fourth of February in the year of our Lord one thousand eight hundred and thirty four, before me the undersigned Notary Public duly admitted and sworn of and for the Province of Lower Canada residing at the City of Quebec personally came and appeared James Maloney of the Parish of St. Catherine, Seigniory of Fossambault, yeoman.
Which said James Maloney being in good health and sound of mind, memory, and understanding as appeared to us said notaries by his actions and words and for the purpose of these presents came in the office of Benjamin Lelièvre, one of the undersigned notaries, where his colleague was duly called.
And the said James Maloney considering the certainty of death and the uncertainty of the hour thereof doth make, publish, declare, and dictate to the said Benjamin Lelièvre and his colleague notaries being present, his last will and testament in manner following, That is to say,
The said James Maloney recommends his soul to God, his Creator, when it shall please him to dissolve his mortal body hoping for a free pardon and remission of all his sins, through the intercession of his blessed son, our Saviour, and desires that his body be buried at the discretion of his executor hereinafter named.-
The said James Maloney doth hereby give and bequeath all, each, and every his lands, goods, merchandise, real and personal estates, sum and sums of money or otherwise without any reserve, restriction, or limitation whatever and wherever the same may be found, whether in the Province of Lower Canada or elsewhere, unto Bridget Duffy, his niece and wife of James Quirk, of the Parish of St. Catherine, Seigniory of Fossambault.
The said Bridget Duffy, his said niece, to have, hold, use, and enjoy the said lands, goods, merchandise, real and personal estates, sum and sums of money as aforesaid in full property, after his decease, whom he doth hereby make and constitute his universal Legatee.
And the said James Maloney doth hereby nominate and appoint Joshua Whitney, Esquire, Timber Merchant and John Cody, Livery Stable Keeper, both of Quebec aforesaid, his Executors to this his last Will and Testament.
The said James Maloney hereby annulling, cancelling, abrogating, and making void all former will or wills by him the said James Maloney, which may have been heretofore made and executed.
Thus done, made, dictated and named word by word by the said James Maloney to the said Benjamin Lelièvre in the presence of his colleague notaries in the office of the said Benjamin Lelièvre at Quebec, on the day and year first above written and the present last will and testament having been read and re-read to the said James Maloney, and hath together with us said notaries set and subscribed his name and signature after reading and re-reading thereof as aforesaid.-
James Maloney, his signature
P. Gagnon, his signature
J. Normand, his signature
Benj. Lelièvre, his signature
Transcribed Gerald Neville, January 2011