19th January 1895

Will of John McBain

Husband of Susan Brown

 

 

From the Notary Records of Cyrille Renaud

Record #939

Transcribed from the Original Will at the Quebec Archives

 

 

In the year of our Lord one thousand eight hundred and ninety five, the nineteenth day of January, before me Cyrille Renaud, Public Notary, residing in the Parish of St. Ambroise of la Jeune Lorette and Curtis McBain, Farmer, and Charles Jack, Farmer, witnesses requested for the effect of these presents, both of the Parish of St. Gabriel of Valcartier, personally came and appeared Mr. John McBain, Farmer residing in the Parish of St. Gabriel of Valcartier, who being of sound and disposing mind, memory and understanding hath requested us the said Notary and witnesses to write down and receive in due form of law his last will and testament which he has declared in manner and form following, that is to say:

 

Firstly and principally, I most willingly resign my soul into the hands of Almighty God my Creator in the humble hope that he will receive it to his favor through the sole merits and intercession of Jesus Christ my Saviour.

 

Secondly, I desire that all my just debts, funeral and testamentary expenses be paid by my executors herein after named as soon as possible after my death.

 

Thirdly, I will & desire that the money of the policy on my life in the Provident Savings and Assurance Society of New York, No. 59575, be employed for the payment of the mortgages on my immoveable properties and the balance must be employed to pay the sum of one hundred dollars to each child of age of majority issue of my marriage with Susan Brown beginning by the oldest, and if a balance remains it must be employed to pay the sum of one hundred to each child becoming in majority.

 

[Fourthly] And as I will and desire that all and each child receive one hundred dollars to his majority these sums shall be taken on my property when the amount of the policy will be finished.

 

Fifthly, I give and bequeath to my beloved wife Susan Brown the use, usufruct and enjoyment during the term of her natural life as long as she remain unmarried of all my moveable and immoveable properties, wherever the same may be found, to the charge to pay one hundred dollars to each child which shall have not received his part on policy.

 

Sixthly, after the death of the said Susan Brown I desire that all my said property moveable & immoveable shall be divided between all my children which shall have remained at my home and shall have worked to the profit of said home and family until their age of majority. This condition is express.

 

I nominate, constitute and appoint Thomas Brown and William Brown McBain, farmers of Valcartier, as Executors of this my will with power to them alone to collect the amount of my policy, pay the mortgage & collect all sum of money due to me.

 

I revoke all wills and codicils I may have heretofore made and I declare the present be my only true last will and testament.

 

The present will was thus declared by the said Testator to the said Notary in the presence of said witnesses & read to the Testator by said Notary in their presence, the said Testator declaring [to] understand it fully and persist therein.

 

Done and passed at the residence of the said Testator at St. Gabriel of Valcartier under Notarial Number nine hundred and thirty [nine] and signed by the Testator in presence of Notary and witnesses and the Notary and witnesses having signed in presence of Testator and in presence of each other after due reading thereof.

 

Marginal note is good.

 

John McBain, his signature;

Curtis McBain, his signature;

Charles Jack, his signature;

Cy. Renaud, N.P., his signature

_____________________

 

(Transcribed by Gerry Neville August, 2011)

 

Notes by Patricia Balkcom:  John lived until 1933 and wrote a later will in 1921.