Last Will of William McElrea
(Husband of Mary Borland)
From the Notary Records of Edouard Antill Panet
Transcribed from the Original at the Quebec Archives
On this thirty first day of the month of July in the year of our Lord one thousand eight hundred and eighty two, before Édouard Antill Panet the undersigned Notary Public commissioned and sworn in and residing and practising in the Parish of Saint Raymond, in the Province of Quebec and Dominion of Canada and in presence of the witnesses hereinafter named and qualified, personally came and appeared William McElrea, Farmer, residing in the Parish of Saint Raymond, who being in good health, and of sound and disposing mind, memory, judgment and understanding as it appeared unto us said Notary and witnesses, from his words and actions yet knowing and considering the certainty of death and the uncertainty of the time thereof, and desirous of regulating his worldly affairs whilst yet he hath the strength and health to do so, hath named, dictated and nominated, à fait dicté et nommé, unto us said Notary in the presence of said witnesses, his last will and testament in manner and form following:
I recommend my soul to Almighty God my Creator.
I commit my body to the grave to be interred in a manner suitable to my station in life and according to the rites and solemnities of the Church of England of which faith I am a member, I however leaving it to my Executrix and Executor hereinafter named to fix and arrange the manner and expense of my funeral.
I will and order that as soon as possible after my decease all my just debts, funeral and testamentary expenses be first paid by my Executrix and Executor hereinafter named.
I give, devise and bequeath to Margaret McElrea my daughter the sum of one hundred dollars currency to be paid her in three equal annual payments of thirty three dollars and thirty three cents each, commencing one year after my decease and also her own personal effects now used by her.
As to the rest, residue and remainder of all the property that I may be possessed of at the time of my decease, moveable and immoveable, real and personal, ready money, actions, rights of action, claims and demands, and all property of every nature, kind or description whatsoever. I give, devise and bequeath the usufruct and the enjoyment thereof unto my dearly beloved wife, Mary Borland during the term of her natural life and as long as she remains my unmarried widow.
And as for the full property and ownership of the said rest, residue and remainder of all my property, herein before bequeathed in usufruct to my beloved wife, I give, devise and bequeath the same to one of my sons, William McElrea at present residing with me as his own and absolute property to be uses, enjoyed and disposed of by him as he may see fit and proper. I hereby instituting him my residuary legatee and devisee in full property.
And to execute this my present last will and testament, I do hereby nominate, constitute and appoint my wife Mary Borland and my beloved son William, Co-Executrix and Executor of this my present last will and testament, hereby revoking and repealing all other and former last wills & testaments and codicils by me made, wishing and ordering that the present alone be followed and executed after my death.
The present last will and testament was thus made, dictated and nominated, fait dicté et nommé, by the said Testator of his own free will and accord unto us said Notary and in the presence of Andrew McCorkell, Esquire, and Charles A. Dubuc, Esquire, both residing in the said Parish of Saint Raymond, witnesses called and required by said Testator to witnesses the present will which was duly read to him, said Testator, by the said Notary in presence of said witnesses. And the Testator persisted herein after the second reading as fully to embody and contain his present last will and testament.
Thus done and passed at the said Parish of Saint Raymond on the day, month and year first above written in the office of said Édouard Antill Panet said undersigned Notary.
In testimony whereof the said Testator hath signed these presents with and in the presence of us said Notary and witnesses, who have also signed these presents with and in the presence of the said Testator and of each other, these presents having been first duly read to the said Testator and filed of record in the office of the undersigned Notary under the number two thousand [and ninety eight].
William McElrea, his signature;
Chs. Dubuc, his signature;
Andrew McCorkell, his signature;
E.A. Panet, N.P., his signature
Transcribed by Gerald Neville, February, 2012