27th January 1860
Last Will of John Murphy
(Husband of Rose McClory)
From the records of Notary Louis Panet, Record Number 14,246
Quebec Archives Microfilm #4M01-5390
On this day the twenty seventh of January in the year of our Lord one thousand eight hundred and sixty,
Before us the undersigned Notaries Public for Lower Canada, residing in the City of Quebec, personally came and appeared John Murphy, of St. Dunstan in the County of Quebec, who being apparently in good bodily health and particularly of sound mind, memory and understanding and enjoying his mental faculties, requested us the said notaries to receive and write down his last will and testament which he instantly made, published, dictated and named unto us the said notaries in manner and form following, viz.:
I recommend my soul to Almighty God for remission of all my sins through the intercession of my Blessed Saviour Jesus Christ.
I will and direct that all my just debts be fully paid and satisfied out of my property by my executors hereinafter named.
I give and bequeath to my daughter Mary Murphy, wife of James Redman, and to Rose Murphy, wife of Barney McClory, to each of them the sum of ten pounds currency, to be once paid in full for all pretensions to my estate.
I give and bequeath a similar sum of ten pounds currency to each of my grandchildren, Mary McLean and John McLean, issue of the marriage of my late daughter Peggy Ann Murphy with Patrick McLean, to be paid to them and each of them if they ever come to this country but not otherwise.
To my daughter Catherine Murphy, wife of John Delaney, I give nothing, considering that she has already had her share in my future succession.
I give and bequeath unto my son Barney Murphy a certain lot or piece of land situate in the Fief Grand Pré, being part of my purchase from the Honorable Francis Ward Primrose, consisting of two arpents in front by the depth there may be from the concession line to the land by me sold to Bernard Loughren, bounded in front to said concession line in rear by the said Bernard Loughren, on one side by land formerly held by the Seminary of Quebec, and on the other side by the remainder of the land so purchased from the said Honorable Francis Ward Primrose, circumstances and appurtenances, to be held, enjoyed and possessed by the said Barney Murphy in full and absolute property from the day of my decease, forever, free from all charges except the seigniorial rent.
I give and bequeath unto my son Thomas Murphy, my farm called the Brewery farm, consisting of an irregular piece of land containing about two hundred and twenty arpents in superficies, bounded in front by the Boulé road, in rear by land by me sold to Bernard Loughren, on one side towards the west by the Grand Line of the Seigniory of Notre Dame des Anges, and on the other side towards the east by the line of the Fief Grand Pré, but I will and direct that the said Thomas Murphy shall not be put in possession of the said land, circumstances and dependencies, until a house similar in every respect to that which now exists on the Brewery farm above mentioned (with the only exception that said house so to be built shall be a frame house whilst that on the Brewery farm is of square timber) shall have been built and completed with barn and stables equal to those now existing on the said Brewery farm, for his brother John Murphy on the lot of land herein after bequeathed to him; said house, barn, stables and dependencies to be so built and erected by the said Thomas Murphy and John Murphy jointly and at common expense for the use of the said John Murphy his heirs and assigns.
I give and bequeath unto my said son John Murphy my farm commonly called the Budeneck farm, consisting of eighty arpents in superficies more or less; bounded in front by the concession of La Montagne des Ormes, in rear by the concession of Neigette, on one side by William Paradis and on the other side by Barney Murphy, my son.
I give and bequeath unto my said sons Thomas and John the remainder of my farm bought from the Honorable Francis Ward Primrose to be equally divided between them. And I positively declare that the preceding legacies are made to my said sons Thomas and John upon the express condition neither the one nor the other shall lay any claims against my estate for wages, salary or otherwise or any other pretense whatsoever.
To Rose McClory, my dear wife, I give and grant the right of her lodgings in either of my sons Thomas or John's houses at her option, charging the said Thomas and John Murphy to pay her jointly during her natural life an alimentary rent of fifteen pounds currency per annum, to be paid to her in quarterly payments, besides her lodgings as aforesaid; and it is my further will and direction that my said sons Thomas and John shall find and furnish her with all the necessary fire wood that she may require, cut and sawn and brought at her door so long as she shall live and at her death the said life rent or alimentary pension and the other charges herein before mentioned shall be and remain extinct in favor of my said sons Thomas and John.
I give and bequeath to my daughter Suzan the sum of ten dollars a year during ten years consecutive after my decease after which this charge shall cease in favor of my said son Thomas who shall then be and remain the lawful proprietor of my other farm or piece of land known as Elstab's farm.
I recommend to my dear wife and to my daughter Suzan to live together and in common as long as my said daughter Susan shall be unprovided for by marriage or otherwise.
I give and bequeath the whole of my moveable property unto my said wife, my said daughter Suzan and my sons Thomas and John to be equally divided between them share and share alike.
And as to the rest and residue of my immoveable property, I give and bequeath the same unto my said two sons Thomas and John whom I appoint my universal and residuary legatees, subject to the disposition and upon the conditions herein before stated.
And lastly I hereby name and appoint John Smith, Mayor of St. Dunstan, and John Delaney, my son in law, to be jointly and severally Executors of this my present will and testament, hereby revoking and cancelling all former wills and codicils at any time heretofore by me made and declaring the present to be my only true last will and testament.
It was thus made, published, dictated and named word for word by the said John Murphy, Testator, unto us the said Notaries; and afterwards, the present, his last will, having been read over and over lu et relu to the said John Murphy, Testator, by one of us the said Notaries in the presence of his subscribing confrere who was present all the time, the said John Murphy, Testator, declared that he had perfectly heard and understood the whole and persisted in the contents thereof as containing his true last will and intentions.
Done and passed at the aforesaid City of Quebec in the office of Louis Panet one of us the said Notaries on the day and year above written, under number fourteen thousand two hundred and forty six of the minutes of the said Louis Panet. And the said Testator having been requested to sign his name after these presents had been twice read over to him as aforesaid, declared that he was unable to write since he had the misfortune to loose the fingers of his right hand which had to be cut having been frozen some years ago, but requested us the said Notaries to sign in faith and testimony of the promises.
P.M. Huot, N.P., his signature;
L. Panet, N.P., his signature
Transcribed by Gerry Neville, July, 2011
Notes by Patricia Balkcom: John died eight years later in 1868 at the reported age of 78; his wife pre-deceased him in 1862.