2nd March 1857

Last Will of Janet McDonald

(Widow of Robert Ross, Sr.)

               

From records of Notary John Simpson Hossack, No. 3758

Quebec Archives Film #4MO1-4028

 

 

On the second day of March in the year of our Lord one thousand eight hundred and fifty seven, at the request of Janet McDonald, widow of the late Robert Ross in his lifetime of Valcartier, Farmer, We the undersigned Notaries Public duly admitted and commissioned for this part of the Province of Canada called Lower Canada and residing at Quebec went to the home and residence of H. S. Scott, Esquire, of Quebec, Merchant situated in the Upper Town Market Place where being we found the said Janet McDonald in a room of the rented flat of said home who declared unto us Notaries that considering the certainty of death and the uncertainty of its time she was desirous of making her Last Will & Testament in order to make the disposition of her property and effects, and which she accordingly requested the said John Simpson Hossack one of us to reduce and commit to writing.

 

Whereupon the said Janet McDonald being in good bodily health and of sound and disposing mind, memory, being and judgment as appeared unto us the said notaries by her manner and conversation did accordingly make, publish and dictate her Last Will & Testament word for word to the said John Simpson Hossack in the presence and hearing of Fisher Langlois, his colleague being all the time present, as follows, that is to say:

 

Firstly, I desire that all my just debts and also the debts of my late husband be fully paid as soon as convenient after my decease by my Executors hereafter named and that my body be interred at Valcartier beside my late husband and that my name be put upon his head stone.

 

Secondly, I will, devise and bequeath unto Robert Ross, my step son, all, any and every right title I may have as property in that certain farm at Valcartier belonging to me and my late husband and now occupied by the said Robert Ross, my step son, to and for his proper use.

 

Thirdly, and as to the whole of my personal and moveable property, I will, order and direct that the same be divided as following, namely, a consolidated Municipal Debenture for one hundred pounds now in the hands of H.S. Scott Esquire to be sold and that the proceeds thereof be added to another sum amounting from interest also in his hands amounting, on the twenty eight day of February last past, to twenty five pounds six shillings and eleven pence currency, and also all other monies which may come into his hands, and out of these sums thirty pounds currency to be paid to Mrs. Mary McDonald of Quebec, widow of the late Thomas Paterson, as the balance of the above monies together also with all my clothing, linen, furniture & bedding shall be the sole property of Mrs. James Watt and Ann Plain being to and for their proper use, trust and behoof.

 

To have and to hold the aforesaid legacies unto my aforesaid legatees respecting to and for their proper use, trust and behoof agreeing to and in  assertion with the conditions, tenor and meaning of these presents, my last will.

 

And for the due execution of these presents my Last Will and Testament I hereby nominate, constitute and appoint Henry Stewart Scott, Esquire, and James Watt to be the Executors hereof into whose hands I hereby divest myself of all my property according to the law.

 

And I do hereby annul and revoke all former wills and codicils by me and at any time heretofore made claiming that these presents  hereby containing the tenor and meaning as being my Last Will and Testament.

 

Thus done, dictated and published for and by the said Janet McDonald to the said John Simpson Hossack at the home and residence of the said H. S. Scott as aforesaid at the hour of half past four o'clock in the afternoon in the presence and hearing of his colleague and after these presents were read and read over again lu et relu to the Testatrix she declared that she understood the same and found the same to be her Last Will and Testament and herewith put and subscribed her name and signature with and in the presence of us the said notaries also herewith subscribing these presents having been twice duly read according to law and remaining resolute in the presence of John Simpson Hossack under the number three thousand seven hundred and fifty eight.

 

Twenty two words expunged are null. One marginal note is good.

 

Judith Bell, her signature

F. Langlois, his signature

J. S. Hossack, Notary, his signature

 

Transcribed by Gerry Neville, May 2011

Notes by Patricia Balkcom:  Janet died two years later on 14th May 1859 at the reported age of 77 years.