23rd August 1856

Will of Ellen Murphy

Wife of Lawrence Cullen

 

 

From records of Notary Daniel Watters

No. 2648

Transcribed from Quebec Archives Microfilm #4M01-5808

 

 

In the year of our Lord, one thousand eight hundred and fifty six, on the twenty third day of August, I the undersigned Notary Public duly admitted & commissioned and sworn in and for the Province of Lower Canada, residing in the Parish of St. Augustin, County of Portneuf, in the said Province, and the witnesses hereinafter named and denominated, went to the residence of Mrs. Ellen Murphy, spouse of Mr. Lawrence Cullen, farmer, residing with her said husband, at the Parish of Ste. Catherine, where being we found the said Ellen Murphy in good bodily health and enjoying all the faculties of her mind, memory, judgement and understanding, who declared unto us the said Notary and witnesses, that considering the certainty of death & the uncertainty of the hour thereof, and therefore being anxious and desirous of arranging and ordaining her temporal affairs, in order to be better prepared to leave this world whenever it will please Almighty God to call her hence, she hath and hereby doth publish her last will and testament which she dictated unto the said Notary in the presence of the said witnesses, in manner following:

 

Firstly, I recommend my soul to God Almighty, My Creator, begging forgiveness of all my sins, and the enjoyment of eternal happiness in the world to come.

 

Secondly, I do will and ordain that all my just debts be paid and any wrongs by me done, if any there are, repaired as soon as possible after my decease.

 

Thirdly, I do will and ordain that my body shall be interred in a manner suitable to my condition, relying in the discretion of my said Testamentary Executor hereinafter named.

 

Fourthly, I do give and bequeath unto my beloved husband, Lawrence Cullen, the use and full enjoyment (usufruct) during his natural life of all and every and singular my properties and estate, real and personal, moveable and immoveable of whatever kind and nature the same may consist in, and in what places soever that the same may be situated, that I may be possessed of at the day of my decease.

 

Fifthly, I do give and bequeath unto James Cullen, my son, all and every the property real and personal, present and future, that I may die possessed of and of whatever kind and nature the same may consist, and in what places soever the same may be situated, for by him to use and dispose thereof on the day of the decease of my said beloved husband in full property and forever by and in virtue of these presents under the express condition nevertheless that the said James Cullen, my son, will keep and maintain from the day of the decease of my said beloved husband, Margaret & Catherine Cullen, his sisters, and to provide for and therewith all and every the necessaries of life: meat, drink, clothing, washing, mending, boarding and lodging and to furnish them all the they want but not beyond his means, until such time as the said Margaret & Catherine Cullen, his sisters, are provided by marriage or otherwise, and under condition that they shall work for the benefit & profit of their said brother according to their bodily health & strength & moreover to pay unto the said Margaret & Catherine Cullen each five pounds currency and to Moses, David, Patrick and Lawrence Cullen and to Johanna Cullen each one shilling currency, the whole to take lieu & be in payment to them of all hereditary claims in the estate & succession of the said Testatrix, their mother.

 

And for the execution of the present will, I name for the Executor, the said James Cullen, my son, into the hands of whom I do hereby divest and disseize and dispossess my self of all the said property according to the meaning of the law actually in force concerning wills.

 

And finally, I do hereby revoke all other wills and testaments that I may have heretofore made desiring this present one may have its full effect for such is my last will and desire.

 

Thus done and dictated by the said Testatrix unto the said Notary on the day and year first above written under the number two thousand six hundred and forty eight, in the house above said in the said Parish of Sainte Catherine in the presence of Messr. David McCullaugh and John Power, both farmers of the said Parish of Sainte Catherine, witnesses, called for the effect hereof, and these presents having been read over by the said Notary unto the said Testatrix, in the presence of the said witnesses declared that she well understood the same in all its contents and persisted therein, and the said Testatrix the said John Power declared that they could not sign their names, the said David McCullaugh signed together with I the said Notary, first duly read over according to law.

 

Words expunged are Null.

 

David McCullaugh, his signature;

D. Watters, N.P., his signature

 

 

Transcribed by Gerald Neville, 2012

 

Note by Patricia Balkcom:  Ellen outlived her husband.  She died 14 years later in 1870.  Her surviving eight children are all mentioned in the will.