26th September 1877
Last Will of Elizabeth McCartney
Wife of John Hornby
From records of Notary Joseph Laurin
Quebec Archives Microfilm Number 4M01-4771
On the twenty sixth day of the month of September in the year of our Lord one thousand eight hundred and seventy seven, at the request of Mrs. Elizabeth McCartney, wife of Mr. John Hornby, of the Parish of St. Sauveur, I, the Public Notary went to the residence of the said Elizabeth McCartney, in the Parish of St. Sauveur, where I found her the said Elizabeth McCartney being sick of body but apparently sound of mind, memory and understanding who requested me the undersigned Public Notary to write down and receive in due form of law, her last will and testament which she instantly made and dictated unto me the undersigned Public Notary in the manner and form following, viz.,
1º I recommend my soul to the Almighty God, hoping for a free pardon and remission for all my sins and my body I commit to the earth to be buried in the cemetery, leaving the care of my funeral to my Executor.
2º I will and direct that all my just debts be fully paid and satisfied out of my estate and property by my Executor hereinafter named.
3º I give and bequeath to my husband John Hornby, all my properties, possessions and effects, real and personal of whatever kind and wherever situated and all sums of money which I may leave at the time of my death and I institute the said John Hornby my universal legatee in full property, en pleine propriété, if he remains widower, but if the said John Hornby, my husband, is contracting a second marriage, then and in that case I give and bequeath to my children issued from my marriage with my said husband all my properties, possessions and effects real and personal which I may leave at the time of my death and I institute them, in that case, my universal legatees in full property, en pleine propriété.
And lastly, I do hereby nominate and appoint my husband, the said John Hornby, my sole Executor, and in hands of whom I divest and disseize myself of all my estate and property according to law.
And I hereby revoke and make null and void all other wills and codicils at any time heretofore by me made, declaring the present to be my only true and last will and testament.
It was thus made, dictated and named by the said Testatrix to Mtre. Jos. Laurin, Public Notary, at the place aforesaid, in presence of Mr. Thomas O’Neill and Mr. Joseph Harris, both farmers of the Parish of Ancienne Lorette, especially demanded for and to the effect of these presents, and the present last will and testament having been read in full to the said Testatrix by the said Jos. Laurin, Public Notary, in the presence of the aforesaid witnesses, she the said Testatrix declared that she had perfectly heard and understood the same and found it to contain her true last will and intentions, therefore persisted therein, at the place aforesaid, on the day, month and year first above written under the number seven thousand five hundred and eighty.
And in faith and testimony of the premises, the said Testatrix has signed these presents in presence of the above witnesses and the said Public Notary, who have signed these presents in the presence of the said Testatrix and in the presence the ones of the others, these presents having been duly read according to law.
Four words struck out are null.
Elizabeth McCartney, her signature;
Thomas O’Neill, his signature;
Joseph Harris, his signature;
Jos. Laurin, Not. Pub., his signature
Transcribed by Gerald Neville, January, 2013
Note by Patricia Balkcom: Elizabeth died three months later on December 28th at the age of 49 years.