5th June 1849

Last Will of Patrick McKenna

(Husband of Judith Meehan)

 

From records of John Greaves Clapham

Record No. 1192

Quebec Archives Microfilm #4M01-1612 

 

 

On the fifth day of June in the year of our Lord one thousand eight hundred and forty nine, at the City of Quebec, in the Province of Canada, before the undersigned Notaries duly commissioned and sworn in and for that part of the said Province called Lower Canada and residing in the said City of Quebec personally came and appeared: - Patrick McKenna of the Parish of St. Catherines in the District of Quebec in the said Province, Farmer, who being apparently in good bodily health and of sound and perfect mind, memory and understanding requested us the said Notaries to write down and receive in due form of law his last will and testament which he instantly published, made and dictated word for word unto us the said Notaries in manner and form following, viz. -

 

I recommend my soul to Almighty God, hoping for a free pardon and remission of all my sins through the intercession of His Blessed Son and Saviour Jesus Christ and my body I commit to earth to be interred in a manner suitable to my situation in life.

 

I will and direct that all my just debts be fully paid and satisfied out of my estate and property by the Executors hereinafter named.

 

I give my bed and bedding unto Rose McKenna, my daughter, the wife of John McQuillan of St. Catherines aforesaid, Farmer.

 

I give and bequeath unto the said Rose McKenna the sum of ten pounds lawful current money of the said Province to be paid to her in five equal annual payments of two pounds each.

 

I give and bequeath the usufruct usufruct et jouissance of all my property, moveable and immoveable unto my beloved wife Judy Meehan. To have and to hold the same undisturbed during her natural life, and neither of my legatees, particular or universal will be entitled to their respective legacies during her life time for such is my will and intention.

 

And as to the whole of my property moveable and immoveable, I give and bequeath the same subject to the legacies herein contained after the decease of the said Judy Meehan, unto my son John McKenna, of what nature or kind so ever which I may die possessed of and wherever the same may be at my death, hereby instituting the said John McKenna his heirs and assigns my universal legatee.

 

And lastly I do nominate and appoint by these presents the said Judy Meehan and John McKenna to be executors of this my present Last Will and Testament, hereby empowering them to act jointly or separately in whose hands I hereby divest myself of the whole of my property according to law, hereby willing and directing that their executorship shall not end at the expiration of a year and a day after my decease, but that they shall continue and remain as such executors with all powers and rights thereunto until the full end and complete execution of this my present last will and testament and of the matters and things herein contained. 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 last will and testament.

 

It was thus made, dictated and named (dicté et nommé) word for word by the said Patrick McKenna on the day and year above written, in the office of John Greaves Clapham, one of the said undersigned Notaries, situated in the Lower Town of the said City of Quebec. And the said last will and testament having afterwards been read in full over and over again "lu et relu" to the said Patrick McKenna by me, one of us the said Notaries, the other being present, he, the said Testator declared that he had perfectly heard and understood the same and found it to contain his true will and intention therefore persisted therein and the said Patrick McKenna declared unto us the said Notaries that he does not know how to write or sign his name, the said Notaries have hereunto set our hands under the number eleven hundred and ninety [two] in faith and testimony of the promises.

 

Two words erased are null. Two marginal notes approved are good.

 

Henry Austin, N.P., his signature;

John Greaves Clapham, Notary, his signature

 

Transcribed by Gerald Neville, June, 2011

Notes by Patricia Balkcom:  Patrick and Judith made almost identical wills on the same day.  Patrick died in 1863 at the reported age of eight-one.