6th December 1848

Will of Margaret Murphy

(Wife of Michael Shea)

      From Notary Records of Edward George Cannon

                           No. 296

Quebec Archives Microfilm #4M01-1568

 

On the sixth day of December in the year of our Lord one thousand eight hundred and forty eight, before us the undersigned notaries Public duly commissioned and sworn in and for that part of the Province of Canada heretofore constituting the Province of Lower Canada and residing in the City of Quebec in the said Province personally came, appeared and was present Margaret Murphy of the Parish of St. Catherine de Fossambault in the County of Portneuf in the District of Quebec, wife of Michael O’Shea of the same place, farmer, who being in good bodily health and of sound mind and understanding as to us appeared by her manner and conversation and considering the certainty of death and the uncertainty of its hour hath declared unto us the said Notaries that she desired to make her last will and testament which she hath requested of us the said Notaries to receive and which Mtre. Edward George Cannon, on the the said Notaries, in the presence of Philip Huot, or confrere, have taken down as dictated to us by the said Margaret Murphy word for word and as follows:

 

First, the said Testatrix doth recommend her soul unto Almighty God and directs that her body be committed to the earth with decent and Christian burial at the discretion of her Executor hereinafter named.

 

And secondly, as to the worldly estate with which it hath pleased God to bless her and as she hath acquired the same with God’s blessing, the said Testatrix doth hereby give and devise, direct and dispose in respect thereof as follows, that is to say:

 

1º That all her just and lawful debts and funeral expenses be fully paid and satisfied.

 

And as to her estate, real and personal, she disposes thereof in manner following, that is to say: She gives, devises and bequeaths unto her loving husband, Michael O’Shea, all and every her property and estate real and personal, moveable and immoveable, stock in trade, farming utensils, live stock, monies, goods and chattels and other property and effects whatsoever kind, nature, value or description soever, wherever the same shall or may be situate that she may be possessed of, or may any way entitled to at the time of her decease, for and during his natural life, and at his decease the said property and estates real and personal, moveable and immoveable stock in trade, farming utensils, live stock, monies, goods and chattels and other property and effects whatsoever kind, nature, value or description soever wherever the same shall or may be situated shall be the full and absolute property of her son, Edmund O’Shea, issue  of the marriage with the said Michael O’Shea, his heirs and assigns forever.

 

To have and to hold unto her said husband for and during his natural life without the least hindrance, molestation or interruption of any person or persons or being liable or subject to render any account thereof or of the amount thereof or any part or portion thereof to any person or persons whomsoever, her will and desire being that her said husband may and do have, possess and enjoy the same, & of every part thereof  as his own proper goods and chattels from the day of her decease for and during his life as fully and freely and effectually as she the said Testatrix can or may do to all intents and purposes.

 

And the said Testatrix doth hereby order and direct the sum of one shilling current money of this Province be once paid to James O’Shea, her son, by my Executor hereinafter named issue of my marriage with the said Michael O’Shea.

 

And for the execution of the present will and testament the said Testatrix doth hereby nominate and appoint the said Michael O’Shea, her said husband, in favor of whom she doth in conformity to the law and system of the Province hereby disseize and divest herself of all her property for the ends hereof, hereby revoking all other wills, testaments and codicils that she may have made prior to the present to which alone she doth adhere as containing her true intentions and last will.

 

Thus done and dictated word for word and published and declared by the said Testatrix as and for her last will and testament to and in the presence of us, the said Notaries at the office of E.G. Cannon, six Pasteur Street, in the Upper Town of the said City of Quebec under the number two hundred and ninety six on the day and year first above written in the forenoon.

 

In faith and testimony whereof the said Testatrix having declared not to know how to write or sign after these presents having been first twice duly read made her ordinary mark or cross in the presence of us the said Notaries hereunto subscribing.

 

Margaret Murphy, her mark;

P. Huot, N.P., his signature;

E.G. Cannon, N.P., his signature

_________________

 

NOTE: In the original document the family named used is “Shea”. I have used the family name “O’Shea” to reflect contemporary usage by the descendants.

 

There is an online will at the Quebec Archives site for Mary Killoran, the second wife of Edmund O’Shea, the son of Margaret Murphy and Michael O’Shea. (16 May 1875; Notary Cyrille Tessier, Record Number 4733).

 

 

Transcribed by Gerald Neville, 2012

Notes by Patricia Balkcom:  Margaret died about 5 weeks later at the reported age of 57 years.