26th April 1884

Last Will of John Neville

Husband of Ann Conway

               

From records of Notary Edouard Antill Panet

 No. 2554

Transcribed from the Original at the Quebec Archives

 

 

On this twenty sixth day of the month of April in the year of our Lord one thousand eight hundred and eighty four at the hour of ten in the forenoon, at the special insistence and request of John Neville, residing in the Parish of Sainte Catherine, Farmer, I, Édouard Antill Panet the undersigned Notary Public duly commissioned and sworn in and residing and practising in the Parish of Saint Raymond in the County of Portneuf and Province of Quebec, accompanied by John Fitzgerald and Peter Murphy, both residing in the said Parish of Saint Catherine, Farmers, witnesses required by law and expressly demanded by the Testator for the purposes hereof, reported to the residence in the said Parish of Sainte Catherine of the said John Neville, and there finding him ill in his bed but of sound and disposing mind, memory, judgment, and understanding as it appeared unto us, Notary and witnesses, from his words and actions, yet knowing and considering the certainty of death and the uncertainty of the time thereof and being desirous of regulating his worldly affairs whilst yet he had the strength left so to do, hath, in the presence of the said witnesses named, dictated and nominated fait dicté et nommé unto the said Notary his last will and testament in the manner and form following:

 

1º I recommend my soul to Almighty God my Creator in the humble hope that he will receive the same to his favor through the merits and intercession of Jesus Christ our Lord and Saviour.

 

2º I will and order that all my just debts, funeral and testamentary expenses be first paid by my Executor hereinafter named.

 

3º I will and order that my body be committed to the grave to be interred in a manner suitable to my station in life and according to the rites and solemnities of the Holy Roman Catholic Church and faith of which I am a member, and that a funeral mass be said over my remains the day of my funeral and another funeral mass a year after and that the quantity of four low masses be said for the repose of my soul as soon as possible after my decease.

 

4ºI give, devise and bequeath to Dame Ellen Clear, widow of the late James Neville, the property and ownership of my moveable property, consisting of household furniture, farm utensils, horses, cattle, pigs, sheep, wagons, carts and sleighs without exception or reserve and the use, usufruct and enjoyment of the whole of my immoveable property real and personal, ready money, regrets and actions an all other property which I may be possessed of at the time of my decease of whatever nature, kind and description the usufructury be. to whatever amount the same may come to, and wherever situate, without exception or reserve, to be by her used and enjoyed for and during the span and term of ten years accounting and reckoning from the day of my decease subject to the charge on her part of supporting and educating my two children, feeding, clothing, working and attending to them as benefits them in life and as they have been accustomed to during my life time, attending to them in sickness and in health, have the same care of them as a good mother should have of her children also subject to the charge of keeping and lodging during the whole of her natural life, my step mother Dame Alice Kenny, widow of the late Patrick Neville, and during that time, feed, clothe and lodge her, and generally have the same care of her as I have during my life time, attending to her in sickness and disease, and in her old age as befits her station in life.

 

And as to the property and ownership of the whole of my said estate, immoveable, real and personal, ready money, regrets and actions, with the exception of the moveable hereinbefore bequeathed to the said Dame Ellen Clear, as above mentioned I give, devise and bequeath the same to my well beloved son, John Neville, issue of my marriage with the late Dame Anne Conway, to be by him used, enjoyed and disposed of in full property and ownership from and after the expiration of the ten years usufruct and enjoyment of my said estate and succession by the said Dame Ellen Clear with the understanding that he receive and live with the said Ellen Clear and help her t work the farm until he shall have attained the age of nineteen years, and if he should leave his home before that to work elsewhere he shall under any condition leave the farm to exact his board and lodgings or its equivalent in money from the said Dame Ellen Clear as aforesaid hereby constituting him my universal testamentary legatee and devisee.

 

I hereby nominate, constitute and appoint the said Dame Ellen Clear Co-Executrix of this my present last will and testament and I further revoke all former and last wills and codicils by me heretofore made, wishing and desiring that the present above be followed after my decease.

 

It was thus named, dictated and nominated fort dicté et nommé by the said Testator of his own free will and accord to the said undersigned Notary in the presence of the said witnesses on the day, month and year first above written in the residence of the said Testator, he persisting therein, after the reading thereof of the said Notary in his presence and in the presence of the said witnesses as fully to embody and contain his last will and intentions.

 

In testimony whereof the said Testator hath signed these presents with and in the presence of the said Notary and witnesses who have also signed in the presence of the said Testator and in the presence of each other. The presents bearing the number of two thousand five hundred and fifty four of the original deed remaining of record in the office of the said undersigned Notary.

 

Nine words erased are null & void. Three marginal notes are good.

 

John Neville, his signature;

John Fitzgerald, his signature;

Peter Murphy, his signature;

E.A. Panet, N.P., his signature

 

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Note: John Neville was the son of Patrick Neville (born County Wexford, Ireland)  and Honorah Kavanagh (born County Kilkenny, Ireland). After Honorah Kavanagh's death, Patrick Neville remarried. He married Alice Kenny (born County Down, Ireland).

 

Transcribed by Gerald Neville,, 2012

 

Note by Patricia Balkcom:  John had a very sad life – he was only 7 when his mother died.  Then he and his wife, Ann Conway, had 8 children but only two of them survived infancy.  Ann died after giving birth to their last child – she was only 35.  John also died young – two months after this will was written – he was 46 years old.  When he died his two sons were 12 and 5 years old.