19th September 1895

Last Will of Owen Murphy

Widower of Elizabeth Loughry

 

 

From records of Notary E. G. Meredith

Transcribed from the Original Will at the Quebec Archives

 

 

This is my last will & testament, the conditions of

which, I beg my Executors hereinafter named, to carry

out, as soon after my death as possible  :-

            I die at peace with all Mankind, bearing

no ill will or animosity against any person and pray-

ing all whom I have in any way injured during my life

time to exercise a merciful forviveness <sic> in my regard-

My Faith in the Mercy of my Divine Creator is very

great, and I pray for, hope and trust in a merciful

exercise of Divine Mercy, when I appear at the tribunal

of the Last Judgment Seat, MAY GOD THEN HAVE

MERCY ON MY SOUL.-

            My funeral expenses, which my Executor herein-

after named will determine;

            I wish that any small debts, I may owe, to be

paid at once, out of the cash on my Estate at my

death,  whether such cash may be in the Office or at

my Credit in any of the Banks in the City.

            I will and bequeath to my good and faithful

house maid Kate Dumphy, the sum of One thousand Dollars

as recognition of her sterling qualities, and as a

small measure of reward for her never failing efforts

in promoting domestic happiness under my roof during

the many years which she has held central both before

and since my wife’s death –

            I will and bequeath to my dear friend Mary or

Minnie LSE, widow of the late Col. Lamontagne the

sum of One Thousand Dollars to aid her in her struggles

with an unsympathetic world.  These bequests are to

be paid free of all Government or other Tax and out

of the amount oy <sic> my life Policy immediately after the

Collection from the New York Life Insurance Co of the

amount of said Policy.

I will and bequeath to my brother Michael Murphy of

Stoneham, the sum of Five Hundred Dollars to be paid

free of Government Tax, should it appear that I have

by Deed of Sale to me or by Mortgages or indeed in my

Other way, any right, title or interest in the Home-

stead property at Stoneham.-  I hereby abandon all such

In favor of my brother Michael Murphy who lives on the

property and who is as far I am concerned the sole

and only owner.

            I desire that Five Hundred Dollars be applied

to having Masses said for the repose of the soul of my

dear Wife and myself; this sum may be divided, as

follows :-

            $ 100.00 to St Patrick’s Church.

               100.00 to St Bridget’s Asylum.-

               100.00 to Convent of the Good Shepard

               100.00 to the Jesuit Order; Father Desy.

               100.00 to the Parish Priest of Stoneham.

I Will and bequeath to my nephew John- E.- Murphy

all the Furniture and effects in our office on St. Peter’s

street : such as desks, tables, chairs, book-cases and

books, safes, Oil-Cloth, stoves, maps, etc.- all such

being my property and having been paid for by me.-

I will  and bequeath to my said nephew John- E.- Murphy

The following assets, namely :-

            Debt due me by Alfred Lortie $ 6505 60

            With interest since 1st Jan- 94.-

 

            Judg  against  Hy  Harris            $752. 51

            do      do         J.-O. Vezina          122. 02

            do      do         E.- Corrivean          82. 87

            do      do         L.  Berabe               70. 00

            do      do         J. B.E. Plamondon

                                                  & Costs

 

-80- Shares in The River Famine Mining Co.

-400   do                    do                   do

-220   do  Du Loup Gold Mining Co

-200-  do                    do                   do

- 5- Shares in The Quebec Sterling Bank

- 3-    do        The Quebec Bank

- 85- do ea.  $100. in Arapakor Cattle & Co

the foregoing are not of much value but the vesting

them in the hands of my nephew-J. – E. – Murphy serves

a double purpose, it eliminates them out of my Estate

and enables him probably to realize some fortune

of doubtful assets.

            In addition to the $ 1000. willed to Kate Dumphy

She is to get the following from my house-hold effects.

            The Painting in my bed-room Sacred Heart.-

            Framed Picture    do    Knox Church

 

            Frame needle work picture

                In my room no place like home

photos. ( a pare ) Mrs Murphy & myself in gilt oval

frames.

ornamental Box made of shells on sitting room table

with any other minor articles she may wish for my

niece Mary- L. – Murphy will kindly see to the carrying

out of this desire on my part.-

the family likeliness in my house-photos and every

thing of the character of a family memento, my wearing

apparel and all my personal effects, all articles having

the family coat of arms thereon or having my name or

that of my wife thereon are not to be sold, but are

to be distributed amongst the family entirely on the

discretion and judgment of my niece Mary- L.- Murphy

of Batiscan Mills.-  I desire that five hundred

dollars be paid together to the Pastor of St. Patrick’s

church, and an obligation taken that the interest

on this sum be applied annually to keeping my lot

In St. Patrick’s Cemetery in good order to all

Futurity.-

            I WILL and bequeath to Master Conrad Lamontagne

my gold pocket pencil, my diamond shirt studs and my

shirt cuff fasteners as a mark of esteem and regard.

            There is no partnership relations to settle

between my nephew John- E .- Murphy and myself, his

name was simply brought into the fire branch and he annu-

ally drew all the advantages to which he was entitled.

I am sorry the business did not afford him more.

            I desire that the balance of my Estate, every-

thing having been wound up, be divided in equal shares

share and share alike, between my nephews and

nieces, children of my brothers and sisters, and for

the carrying out of all the conditions of this my

last Will and Testament.-  I hereby appoint and name

my nephew Mr John- E.- Murphy as sole Executor, with

all powers to that effect without restriction as to

limitations of time or otherwise.- He may take any

fair amount of the Estate as remuneration for his

services.

            Quebec  5 July 1894

                       

                        OWEN MURPHY

Witnesses :-   David Smith

            P.- E.- Wright

The liquidation of Estate will consist of  :-

Collecting Life Policy  $4000  00

Sale house Ursule St value say:  $6000  00

  “    furniture & effects

  “    property Peter St.

  “    Mortgage on Galagher Farm

                              Megantic         $ 400.00

  “  Property at Lachevrotier Station

      Acquired from Z. Perruault     $ 800.00

             -13- August     95

 

          THIS is a Codicil to the Last Will and Testament

Of me Owen Murphy, of the City of Quebec, in the

Province of Quebec, Insurance Agent, which is written

Entirely in my own handwriting and was signed and exe-

Cuted by me in the presence of witnesses at the said

City of Quebec on the fifty <sic> day of the month of July

One thousand eight hundred and ninety-four.

            WHEREAS by my said WILL, I desire that the balance

Of my Estate, every thing having been wound up, be di-

Vided in equal shares, share and share alike, between

My nephews and nieces, children of my brothers and

Sisters.-  And for the carrying out of all the conditions

Of my said Last Will and Testament, I thereby appointed

And named my nephew Mr John- E.- Murphy as sole

Executor with all powers to that effect, without restrict-

tions as to limitation of time or otherwise and direc-

Ting that he might take any fair amounts out of my

Estate as remuneration for his services.-

            And whereas I intended by my said WILL that the

Balance or residue of my Estate should be converted

By my said Executor unto Cash and the net Cash proceeds

Realized should be by my said Executor divided equally

Share and share alike between my nephews and nieces,

Children of my brothers and sisters.

            NOW therefore I hereby declare that the whole

Of the property both moveable and immoveable comprising

The balance a residue of my Estate shall be vested in

 my said Executor, and I authorize and empower my said

Executor to collect, call in and receive such parts

Of the said residue, balance or remainder of all my

Said property as shall consist in money or securities

For money, and to sell, transfer, dispose of and con-

Vert into money all other parts oy <sic> my property

 

Moveable and immoveable, real and personal of every

Nature and kind whatsoever either by Public Auction

Or by private Contract or otherwise as to my said

Executor in his own and absolute discretion my seem

Best, and when the whole of the said rest and residue

Of my said Estate shall have been converted into

Money to pay and divide the same equally among my

Nephews and nieces, children of my brothers and sisters,

Share and share alike.

            AND I authorize and empower my said Executor

In his discretion from time to time to make and partial

Division or divisions of the whole proceeds or any part

Thereof of any property forming part of the said balance

Rest or residue of my Estate which may have been sold

Or converted into moneys, but my said Executor shall

Not be obliged to make a final division of the said

Rest, residue or balance of my said Estate until such

Time as he in his discretion may think it desirable

In the interest of my said nephews and nieces.  And

for the purposes aforesaid or any of them, I hereby

confer upon my said Executor the most full and ample

powers which can be conferred in such cases, and I

will and direct that the powers of my said Executor

shall not cease at the end of a year and a day, but

 shall continue and endure until all the provisions

of may <sic>  WILL shall have been fully carried out

executed and accomplished and until the whole balance

or residue of my Estate shall have been divided among

my said nephews and nieces in equal shares to each as

above provided,

            AND it is my earnest wish that the said John-

E.- Murphy, my said Executor shall consult with and

Obtain the advice of  E.- G. Meredith, of the said

City of Quebec, Notary Public on all or any matters

In connection with the administration of my Estate

D. P. S. C.

 

or the settlements or division of the same in which

he, the said John- E.- Murphy may be in doubt.

            AND in all other respects, I ratify and confirm

My said WILL and declare that this shall be taken

 as part and parcel thereof.-   

            In testimony whereof, I, the said Owen MURPHY

Have hereunto set my hand and affixed my seal at the

City of Quebec this nineteenth day of the month of

September, in the year of our Lord One thousand eight

Hundred and ninety five.-

                                                             (L.S.)

                                   

                                                OWEN MURPHY

SIGNED, sealed, and published and declared by the above

Named Owen Murphy as and for a Codicil to his Last Will

And Testament in the presence of us, both present at

The same time, who, at his request, in his presence

And in the presence of each other having hereunto subs-

Scribed our names as witnesses at the City of Quebec

This nineteenth day of the month of September---

A.- D.-  1895.-

                        E.- G. Meredith, of the City of Quebec—

                                    Notary Public

                        J.- G.- Couture-of the City f Quebec

                                    Notary Public.

-          - - - - - - - - - - - - - - - - - - -

HAVING seen & examined the paper writing

Purporting to be the Last Will & Testament of the

Late OWEN MURPHY, in his life-time <sic>, of Quebec,

Insurance Agent, dated at Quebec, the fifth day of

July, One thousand eight hundred and ninety-four

Beginning with the words “This is my Last-Will &

Testament” & and ending with the words “he may take

any fair amount out of the estate as remuneration for

his services “    “Quebec    -5- July 1894 “ &

signed “OWEN MURPHY” with David Smith & P.E. Wright

signatures as witnesses.

 

 

            HAVING also examined the Codicil to the said

WILL dated at Quebec the nineteenth day of September

One thousand eight hundred & ninety-five, beginning

With the words : “This is a Codicil to the Last Will

& Testament of me Owen Murphy “and ending with the

Words “In Testimony whereof, I, the said Owen Murphy

Have hereunto set my hand & affix my seal at the said

City of Quebec, this nineteenth day of the month

Of September in the year of our Lord One thousand

Eight hundred and ninety five “& signed Owen Murphy”

With  E.- G. Meredith, of the City of Quebec, Notary

Public & J.- G. Couture, of the City of Quebec,

Notary Public, signatures as witnesses.-

            HAVING ALSO SEEN & carefully examined the

Affidavits of David Smith, of the City of Quebec,

Insurance Agent & Edward Graves Meredith, of the

City of Quebec, Notary Public, WE hereby order &

Direct that the petition of John- E, Murphy, Esquire

Of the City of Quebec, Insurance Agent, be enregis-

Tered in the Office of the Superior Court at Quebec

Together with the WILL & Codicil according to

LAW; and it is considered and adjudged that

The said WILL & Codicil have been sufficiently

Verified & proved;

            IN FAITH & testimony whereof WE the undersigned

Joint Prothonotary of the Superior Court for the

Province of Quebec, District of Quebec, hereby set and

Subscribed our joint signature of office & affix the

seal of our said Court, at Quebec, this tenth day

of October, One thousand eight hundred & ninety-five.

            Fiset- Burroughs & Campbell-

(L.S.)                                       P. S.C.

 

            ENREGISTERED according to the order of the

Prothonotary of the Superior Court of the Province

of Quebec, District of Quebec, at Quebec, this eleventh

day of October eighteen hundred and ninety- five.-

                                                O. Belanger

                                                            Dep.- P. S.C.

 

 

 

THIS copy of the original remaining of record

In our ARCHIVES, ACCORDING TO law.-

 

            Quebec- April- 23rd   1954

 

 

                        (LEON ROY)

-          - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

Transcribed by Patrick Keily, January, 2013

 

Note by Patricia Balkcom:  Owen died 3 weeks after writing the last codicil. He died on the 4th of October 1895 at the age of 67 years.