13th June 1888

Will of Timothy McCarthy

Husband of Emily Falconbridge

 

 

From records of Notary Edouard Antill Panet

No. 3261

Translated from the Original Will at the Quebec Archives

 

 

On this thirteenth day of June in the year of our Lord One thousand eight hundred and eighty eight at the special insistence and request of Timothy McCarthy, a farmer 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 Michael Shea and Thomas Shea, both farmers residing in the said Parish of Ste. Catherine, the witnesses required by law, and expressly demanded by the said Timothy McCarthy for the purposes of witnessing these presents personally went and reported to the residence in the said Parish of Sainte Catherine of the said Timothy McCarthy, 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 left to do so, hath made, named and dictated unto us 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 in the humble hope that he will receive the same to his favor through the merits and mediation of Jesus Christ our Lord and Saviour.

 

2º I will and order that all my just debts, funeral and testamentary expenses be first paid by my Executrix 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 rites and solemnities of the Holy Roman Catholic Church and faith of which I am a member. I leaving it to by testamentary Executrix to fix and arrange the manner and expenses of my funeral.

 

4º I give, devise and bequeath to my well beloved wife Emily Falconbridge the whole of my property, moveable and immoveable real and personal, ready money, rights and actions, and other claims and pretensions which I may now have or which I may hereafter have without exception or reserve, wherever the same may be situate, to be by my said wife, used, enjoyed and disposed of in full property and ownership from and after the moment of my decease, hereby instituting her my universal residuary legatee and devisee in full ownership and Executrix of this my present last will and testament, hereby extending her power and authority as such Executrix beyond the day and year allowed by law and revoking all other wills and codicils by me heretofore made.

 

I hereby declare that the following immoveable properties form part of my estate -

Two lots of land situate, lying and being in the said Parish of Ste. Catherine in the Seigniory of Fossambault in the Fifth Range of the said Seigniory and now known and distinguished upon the official plan and Book of reference for the County of Portneuf and Parish of Sainte Catherine as lots official numbers three hundred and ninety five and four hundred (Nos. 395 & 400) with the buildings thereon erected.

 

It was thus named, dictated and nominated unto us said Notary in presence of said witnesses by the said Testator of his own free will and accord on the day, month and year first above written in the said Parish of Sainte Catherine in the residence of the said testator, who persisted herein after the reading thereof by the said Notary in his presence and in the presence of the said witnesses, as fully to embody and contain his last will and intentions.

 

Thus done and passed at Ste. Catherine aforesaid in the residence of the said Testator. In testimony whereof the said Testator both signed these presents with and 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 bearing the number three thousand two hundred and sixty one of the official deed remaining of record in the office of the undersigned Notary.

 

Timothy McCarthy, his signature;

Michael Shea, his signature;

Thomas Shea, his signature,

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

 

_______________________________

 

NOTE: Emily Falconbridge  (d/o William Falconbridge & Mary Pleache) 1st married Timothy McCarthy (s/o Patrick McCarthy & Mary Daly) in Ste-Catherine's Church on 16 September 1879. Emily Falconbridge 2nd married William Stewart (s/o Alexander Stewart & Mary Stuart; widower of Bridget Powell) in Ste-Catheine's Church on 27 August 1894.

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Transcribed by Gerald Neville, 2011

Note by Patricia Balkcom:   Timothy died two months later at the reported age of 44 years.