29th September 1858

Will of James Meehan

(husband of Catherine Mulcaire)

 

From records of Notary Edouard Tessier, No. 4851

Transcribed from Microfilm #4M01-5744

at the Quebec Archives

 

 

On the twenty ninth day of September in the year of our Lord one thousand eight hundred and fifty eight at the Parish of Saint Catherine, in the District of Quebec, before the undersigned Notary Public duly commissioned and sworn in and for the Province of Lower Canada, residing at the City of Quebec, and the witnesses hereinafter named, personally came and appeared James Meehan of the said Parish of Sainte Catherine in the said District of Quebec, farmer, who labouring under bodily sickness but of sound and perfect mind, memory and understanding, requested the said Notary 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 the said Notary in presence of the said witnesses, in manner and form following, viz.:

 

Firstly, 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, my Saviour Jesus Christ, and my body I commit to earth to be interred in a suitable manner to my situation in life.

 

Secondly, I will and direct that all my just debts be fully paid and satisfied out of my estate and property by my testamentary executrix hereinafter named.

 

Thirdly, I give and bequeath unto Catherine Mulcaire, my wife, all and every my moveable and immoveable property which I may die possessed of at the time of my decease, for and by the said Catherine Mulcaire to do use and dispose of the same in full and entire propriety from the day of my decease, hereby instituting her my universal legatee of my said moveable and immoveable properties, real and personal, provided she shall not contract a second marriage, and if she did do so, she shall be bound to make before the second marriage a faithful inventory of all my said moveable and immoveable property, real and personal and to render a regular and faithful account of the same to the children then issued and to be issue of my present marriage with her the said Catherine Mulcaire to which said children, I (in the case herein before mentioned) give and bequeath my said moveable and immoveable properties, real and personal, for and by them to do, use and dispose of the same by equal shares and portion between them in full propriety and forever.

 

Fourthly and lastly, I do nominate and appoint by these presents the said Catherine Mulcaire to be executrix of my present last will and testament 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 James Meehan to the said Notary in the presence of Patrick Condon and Michael Hickey both of the said Parish of Saint Catherine, farmers, witnesses duly required by the said James Meehan at his residence in the said Parish of Saint Catherine on the day, month and year first above written and the said last will and testament having afterwards been read in full over and over again lu et relu to the said James Meehan by the said Notary, in the presence of the said witnesses, he declared that he had perfectly heard and understood the same and found it to contain his true will & intention, therefore he persisted therein, under the number four thousand eight hundred and fifty one, the said James Meehan hath declared not to know how to write or sign his name in the presence of the said witnesses who have signed with the said Notary, first duly read and read over according to law.

 

Eight words erased are null and three marginal notes approved are good.

 

James Meehan, his mark;

Patrick Condon, his signature;

M. Hickey, his signature;

Ed. Tessier, N.P., his signature

 

(Transcribed by Gerry Neville - March 2011)

 

Notes by Patricia Balkcom:  James died 3 months later (January 27, 1859 at the reported age of 66 years.