14th  February 1851

Last Will of William Moore

(Husband of Susannah Loynes)

 

From the records of Notary Charles Aylwin

Record #223

Quebec Archives Microfilm #4M01-1210

 

 

On the fourteenth day of February in the year of our Lord one thousand eight hundred and fifty one, before me the undersigned Public Notary duly commissioned and sworn in and for that part of the Province of Canada heretofore Lower Canada, residing at the Parish of Cap Santé in the District of Quebec and in the said province and the witnesses hereinafter named personally came, appeared and was present William Moore, formerly of Yelverton in the County of Norfolk in that part of the United Kingdom of Great Britain and Ireland called England, now of Halesborough in the aforesaid Parish of Cap Santé, Farmer,

 

Which said William Moore being of sound mind, memory and understanding as to us appeared by his manner and conversation, and who, considering the certainty of death and the uncertainty of the hour thereof, hath requested of us the said Notary to receive and reduce into writing this his last will and testament and which we,  Charles Aylwin, Public Notary in the presence of Télésphore Larue, gentleman, and Cyprien Matte, Stone mason, both of the said Parish of Cap Santé witnesses hereto have accordingly done as dictated to us by the said William Moor in the words following, to wit:

 

Firstly, I commend my soul to Almighty God the Father of all mercies humbly imploring at His Hands forgiveness of my sins through the gracious intercession of my Divine Redeemer Jesus Christ.

 

Secondly, I will and direct that all my just and lawful debts and funeral expenses be paid and to be paid by my Executor hereinafter named.

 

Thirdly, I will and bequeath unto each of my children William, Robert, Mary Ann (wife of James Ball),  John, Elijah, and Ruth (wife of Charles Reinhart) the sum of one shilling sterling money of Great Britain to be them severally and respectively paid by my Executor hereinafter named the month after my decease I the said Testator considering that each of my above named children therein significantly provided for.

 

Fourthly, I will and bequeath unto my daughter Naomi, wife of John Bishop, one milch cow to be chosen by her out of those of which I may be seized or possessed or a sum of money equivalent to each cow at her option, to be delivered to my said daughter Naomi one month after my decease.

 

And Fifthly, I will and bequeath unto my youngest son James Moore from and after my decease and the decease of my wife, Susannah Loynes, all the immoveable property of which I am now possessed being situate at Halesborough aforesaid in the Third Concession of the said Parish of Cap Santé, containing three arpents in front by forty arpents in depth, bounded in front by John Bishop, in the rear by Michael Kearney, and on one side towards the East  by the Honorable Edward Hale, and on the side towards the West by Queen's Highway, together with the dwelling house, barn and stable thereon erected, circumstances and dependencies and also all my stock of cattle, implements of husbandry, money, goods, chattels, and moveable effects whatsoever of which I may die seized and possessed and wheresoever situate and being.

 

To have and to hold the real estate and premises above described, willed and bequeathed unto him the said James Moore his heirs and assigns to the only proper use ad behoof of the said James Moore his heirs and assigns from and after the decease of the said Testator and his said wife Susannah Loynes, from thenceforth for ever.

 

And I do hereby expressly name and direct that neither my said wife nor my said son James Moore be called upon or be compelled by any person whomsoever to make an inventory after my decease of the effects of which I may died seized and possessed, the Coutume de Paris and every law and custom in this Province to the contrary notwithstanding.

 

And for the execution of this my present last Will and Testament, I do hereby appoint my wife, the aforesaid Susannah Loynes, and my said son, James Moore, Executors, into whose hands I do in conformity to the law and custom of this Province, hereby deseize and divest myself of all my property for the parts hereof and instituting him the said Susannah Loynes my sole testamentary legatee in respect to the land and moveable effects above described, willed and bequeathed.

 

Hereby revoking all other wills, testaments and codicils which I my have made prior to the present to which alone I do adhere as containing my true intentions and last will.

 

Thus done and dictated word for word and published and declared by the said Testator as and for his last Will and Testament to and in the presence of us the said Notary and witnesses above named on the day and year first above written in the office of the said Notary at Cap Santé aforesaid at the hour of five in the afternoon.

 

In faith and testimony whereof the said Testator hath to these presents first twice duly read and numbered two hundred and fifty three set and subscribed his name and signature in the presence of us the said Notary and the said witnesses also hereunto subscribing.

 

Words struck out are null. Marginal notes approved.

 

William Moore, his signature;

Télésphore Larue, his signature;

Cyprien Matte, his signature;

Charles Aylwin, Pub. Not., his signature.

 

 

[Transcribed by Gerald J. Neville - May 2011]