5th July 1878
Last Will of Arthur McBain
From records of Notary Paul T. Picard
Quebec Archives Online
On this day the fifth of July in the year of our Lord one thousand eight hundred and seventy eight,
Before the undersigned Notary Public, for the Province of Quebec, in the Dominion of Canada, residing at the parish of St. Ambroise of la Jeune Lorette and the witnesses herein after named and subscribed,
Personally came and appeared Mr. Arthur McBain Senior, of the parish of St. Gabriel of Valcartier, in the County of Quebec, farmer, who being in weak bodily health, but of sound mind, memory, and understanding as to us appeared by his manner & conversation, hath requested of us the said Notary to receive and reduce into writing this his Last Will and Testament which the said Notary in the presence of the said witnesses have taken down as dictated to us the said Arthur McBain word for word and as follows, that is to say:
Iº I recommend my soul to God asking him the everlasting beatitude by the merits of Jesus Christ, my Saviour.
IIº I wish & direct that my internment & the manner thereof shall be according to the direction of Executors herein after named.
IIIº I wish that my just and lawful debts shall be paid & satisfied with my property moveable and immoveable with which I hereby charge my said Executors herein after named.
IVº I do hereby give and bequeath unto Elizabeth Billings, my wife, all and every my property moveable and immoveable, all sum and sums of money that I may possess of the day of my decease instituting her, my said wife, my universal "legatee en propriété" and to be completed from the day of my decease as the condition that my wife never get married again in the case of that said marriage of my said wife Elizabeth Billing, all my said property, moveable and immoveable will be equally divided between my children named as follows: Mary Ann, John Joseph, Agnes, Arthur, Thomas and nothing to David and Curtis McBain on account of having received their shares already.
And for the execution of the present my Last Will and Testament I do hereby nominate and appoint Messr. Thomas Brown and Curtis Billings, both of the Parish of Valcartier, farmers, in favor of whom I do in conformity to the law & custom of this Province disseize and divest myself of all my property for the ends hereof, hereby revoking all other wills and codicils and testaments that I may have made prior to the present my Last Will and Testament to which alone I do adhere as my true instructions and last will.
Thus done and dictated word for word & published & declared by the said Testator, Arthur McBain, for & as his Last Will and Testament to and in the presence of the said Notary and Frederic Logie Tweddle and Frederic Lainez, witnesses expressly called and required for the effect hereof, in the day and year as above written under the number three hundred and forty one of the Minutes of the said Notary.
In faith and testimony whereof the said Testator, Arthur McBain, has signed his name when requested so to do in the presence of the said Notary & the said witnesses who have hereunto set & subscribed their respective names & signatures after due reading of these presents.
Words erased are null. Marginal notes approved are good.
Arthur McBain, his signature
Frederick Logie Tweddell, his signature
Frederic Lainez, his signature
P. Picard, Notary, his signature
Transcribed by Gerry Neville, January 2011