3rd April 1834
Last Will of David McBain
From records of Notary Benjamin Lelievre
Quebec Archives Film #4MO1-4420
On his day the third of April in the year of our Lord one thousand eight hundred and thirty four before us the undersigned Notaries Public duly admitted and sworn of and for the Province of Lower Canada residing in the city of Quebec personally came and appeared David McBain, of the Parish of St. Ambroise, farmer.
Which said David McBain 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 David McBain 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 David McBain recommends his soul to God, his Creator, 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 David McBain directs that all his just and lawful debts be paid by his executor hereinafter named.
The said David McBain doth hereby give and bequeath the enjoyment or usufruct of all, each, and every said lands, goods, merchandise real and personal estates, sum or sums of money or otherwise of which he is now possessed of or may be possessed of at the day of his decease, without any reserve, restriction, limitation and whatever and wherever the same may be found whether in this Province of Lower Canada or elsewhere, unto the said Mary Arthurson, his dearly and beloved wife.
The said Mary Arthurson, his said wife, to have, use, and enjoy the said lands, goods, merchandise, real and personal estates, sum and sums of money as aforesaid, during his natural life time only, whom he doth make and constitute his universal legatee during his natural life time as aforesaid.
As to the full property of all, each, and every his lands, goods, merchandise, real and personal estates, sum and sums of money or otherwise of which he is now possessed or may be possessed of at the day of his decease. The said David McBain doth hereby give and bequeath them (Saving and rendering the bequeath hereinafter mentioned, made to Mary McBain and John McBain, two of his children, who are deaf and dumb and issue of his marriage with the said Mary Arthurson his said wife) unto said David McBain, Elizabeth McBain, wife of Louis David Dubord, Esquire, Doctor, William McBain, James McBain, and Arthur McBain, his children issue of his marriage with the said Mary Arthurson, his said wife.
The said goods, lands, merchandise, real and personal estates, sum and sums of money or otherwise to be by the said David, Elizabeth, William, James, and Arthur McBain, equally and fairly divided between them share and share alike and that after the decease of the said Mary Arthurson, his said wife.
The said David McBain doth hereby give and bequeath unto the said Mary McBain and John McBain his said children a certain lot of land situated, lying, and being in the said Parish of St. Ambroise at the place called Valcartier known and distinguished as lot number [no number specified] in the third concession of Valcartier, containing three arpents in front by thirty in depth, bounded in front by the King's Road and in the rear to the property of Mr. Plante, joining on one side to John Neilson Esquire and on the other side to William Brown, together with the house, barn, stable, and other buildings thereon erected and such as the whole, may be after the decease of the said Mary Arthurson his said wife, now stands without any reserve whatever. The said David McBain doth further bequeath and give unto the said Mary and John McBain all the household furniture, implements of agriculture, live stock, and generally all the moveable effects which may be on the said lot of land, with the exception of his share in a crank mahogany clock which he doth hereby bequeath unto the said Elizabeth McBain, after the decease of the said Mary Arthurson his said wife, to whom he doth give and bequeath the enjoyment or usufruct as aforesaid.-
The said hereby given and bequeathed lot of land and dependencies, household furniture, implements of agriculture, live stock, and generally all the moveable effects which may be on the said lot of land, to be equally and fairly divided between the said Mary and John McBain after the decease of the said Mary Arthurson his said wife as aforesaid.-
And in the event of the said Mary Arthurson his said wife selling or in any other manner alienating the property or any part thereof, either moveable or immoveable, solely belonging to her according to the Law of the Country or according to the Law of any Country, then said and in that case, it is the express wish and intention of the said David McBain, that the bequeath of the enjoyment or usufruct made to her by this his present will, doth become null and void, and that the said children do respectively after such alienation, take possession of the premises given and bequeathed to them by his last will and testament.
The said David McBain hereby annulling, cancelling, abrogating, and making void all former will or wills which may have been heretofore made and executed by him the said David McBain.
And the said David McBain doth hereby nominate and appoint the said Mary Arthurson his said wife his executor to this his last will and testament.
Thus done, made, dictated and named by the said David McBain 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 David McBain, which he declared well to understand as being his last will and meaning, he hath together with us said Notaries set and subscribed his name and signature, after reading and re-reading thereof as aforesaid.
Seven marginal notes approved are good & fourteen words erased are null.
David McBain, his signature
P. Gagnon, his signature
J. Normand, his signature
Benj. Lelièvre, his signature
Transcribed by Gerry Neville, February, 2011
Notes by Patricia Balkcom: David died seven months later, 18 November 1834.