13th October 1841

Last Will and Probate of John O誰eill

                From:  Quebec Archives

Holographic Will Collection

 

 

On the thirteenth day of October one thousand eight hundred and forty one, I John O誰eil undersigned being sick and weak in body but of sound mind, memory, and understanding and not knowing when it may please God to call me out of this world do make constituted and ordain this my last will and Testament in manner and form following to wit:

 

1st  I bequeath my soul to Almighty God hoping that he will receive in his great mercy and forgive me my sins.

 

2nd I leave my body to the earth from whence it was taken hoping that my loving wife and children will give me a Christian burial.

 

3rd  I leave all my immoveable property to my two sons Thomas and James O誰eil to be enjoyed together by them in common as long as they shall live together and if it happens that they separate, the landed property will be divided equally between them according to its value by two or three arbitrators;  provided that my dear wife Judith Duffy be decently kept and supported by them as long as she shall choose to live with them, or if she wishes to live by herself, they will provide the following support for her as long as she lives, viz:

 

They will give her two acres of land upon which they will build a house and a stable; provide her with a cow which must be replaced in case of death and furnish fother or forage for her cow and cultivate her piece of ground.  Moreover they will give her each of them yearly the sum of three pounds currency.

 

4th  I leave all my stock of cattle and all my moveable property to my said two sons equally, on conditions that they will give to my daughter Sera O誰eil two cows and the foal I have at present at the time of her marriage and likewise two cows to each of my other daughters, Margaret and Catharine O誰eil at the time of their marriage; and if any of them do not marry I hope they will live in peace with their Brothers who will be obliged to furnish them with a home in case of sickness and take care of them accordingly.

 

5th My will is that the eight pounds which are due to John Wilson shall be paid on demand.  I recommend all my children to be obedient and loving to their mother and agreeable among themselves and my eldest son Thomas is to be considered the conductor of affairs after my death and I recommend my other children to be submissive to him.

 

The above, I do declare to be my last will and testament which I have heard read and have signed in presence of the witness viz the Reverend H. Paisley, Ferdinand Murphy and James Donohoe who have also signed with me.

 

Done and passed in my dwelling home at Valcartier on the day and year aforesaid two words raized are null, two words in the margin are good.

 

笛ohn O誰eill

滴. Paisley, priest

擢erdinand Murphy

笛ames Donohoe

Transcribed by Patricia Balkcom, March 2011

 

My notes:  Burial records, three weeks after the will was written, state that John was 48 years old.  It appears that he was ill for sometime since he had written the will three weeks before he died and at a relatively young age.  Did he have consumption (tuberculosis)?  When he died he left Julia, his wife, and seven surviving children, aged 11 through 27.  The two eldest children, Elizabeth (married to John Wilson), and Bridget (married to Thomas Cassin) are not mentioned in the will presumably because they had already married and had husbands to care for them.  The two boys, Thomas and James, who were left the land, were 21 and 18 when their father died.  James sold his portion of the land to Thomas, five years later, in 1846.  We have found James in Guelph, Ontario records by 1855.  It is possible that he left Quebec after the land sale to find another type of work.  Thomas, kept the land until 1864, he, his wife (Bridget Martin) and children and his mother, Julia, had relocated to Little River in 1863.

Also, this is the 1852 Agricultural Census for Valcartier, James is not listed, so it appears he has left by this time. 

O'NEILL, THOMAS - 5th Concession - St-Gabriel-de-Valcartier

No. of acres owned: 432

Under cultivation: 50 (In 1851 - Under crops: 35; Under pasture: 15)

Under wood or wild: 150

Wheat: 1ス acres = 7 bushels; Oats: 8 acres = 100 bushels;

Potatoes: 4 acres = 500 bushels; Hay: 800 bundles;

Wool: 10 lbs; Fulled Cloth = 10 yards; Butter: 450 lbs; Pork: 2 cwt.

Milk Cows: 5; Calves or Heifers: 2; Horses: 4; Sheep: 5; Pigs: 4.

REMARKS:  252 acres in Fief St. Ignace.

 

 

Proved before me at Quebec this 27th of November 1855.

笛. B. Parkin,  A.I.L.C.

 

Province of Canada, District of Quebec

 

Before me, the Honorable John Buckworth Parkin, one of the Assistant Judges of the Superior Court for Lower Canada, personally came and appeared Ferdinand Murphy and James Donohoe, both of the Seigniory of St. Gabriel de Valcartier, farmers, who being severally and respectively duly sworn upon the Holy Evangelists of Almighty God do respectively make oath and say that they were personally present as witnesses to the execution of the Last Will and Testament of the late John O誰eill, hereunto annexed (sic), in his lifetime of St. Gabriel de Valcartier aforesaid, farmer, bearing date the thirteenth day of October in the year of our Lord one thousand eight hundred and forty one, and beginning with the words 登n the thirteenth day of October, one thousand eight hundred and forty one and concluding with the words 泥one and passed in my dwelling home at Valcartier on the day and year aforesaid, two words raized are nul, two works in the margin are good.

 

That the said late John O誰eill declared and acknowledged to deponents respectively that the signature 笛ohn O誰eill at the foot of the said last will and Testament was his signature and the said signature was by the said John O誰eill signed in presence of deponents; that the signature 滴. Paisley, Priest is the signature of the Reverend H. Paisley since deceased and by him signed in presence of deponents and that the signatures 擢erdinand Murphy and James Donohoe appended to the said last will and testament are in the respective handwriting of deponents, and by them signed in the presence of the said testator,  of each other and of the said Reverend H. Paisley whose signatures were also appended in presence of deponents, to the said last will.

 

Sworn before me at Quebec, this 27th November 1855

擢erdinand Murphy

笛ames Donohoe

笛ohn B. Parkin  A.I.L.C.

 

 

Province of Quebec, District of Quebec

 

Having seen and examined the paper writing purporting to be the last Will and Testament of John O誰eill, in his lifetime of the Seigniory of St. Gabriel of Valcartier, farmer, and the Petition of Thomas O誰eill of the same place, also farmer, together with the affidavits of Ferdinand Murphy and James Donohoe, both of the said Seigniory, farmers, it is considered that the Probate of the last will and testament has been sufficiently made and established, I hereby direct and order that the said paper writing purporting to be the last will and Testament of the said late John O誰3ell, together with the Probate thereof and other evidence and documents thereto relating and hereunto annexed under the seal of the Superior Court for Lower Canada, be duly enregistered according to law.

 

                        Given at Quebec, this 27th day of November 1855

John B. Parkin, A.I.L.C.

 

 

Enregistered according to the order of the Honorable John Buckworth Parkin, one of the assistant Judges of the Superior Court for Lower Canada, this twenty seventh day of November, one thousand eight hundred and fifty five.

 

Burroughs Fisel   P.C.T.

 

Province of Canada, District of Quebec, No. 276

 

To the Honorable the Judges and assistant Judges of the Superior Court for Lower Canada, in the District of Quebec:

 

The Petition of Thomas O誰eill, of the Seigniory of St. Gabriel de Valcartier, farmer,

Respectfully Sheweth,

That John O誰eil departed this life on the twenty-eighth day of October in the year of Our Lord one thousand eight hundred and forty one at the said Seigniory of St. Gabriel de Valcartier, having previously to wit, on the thirteenth day of October at Saint Gabriel de Valcartier aforesaid made his last will and testament, which your petitioner is desirous of proving.

 Wherefore your petitioner prays that your honor will be pleased to grant him leave to prove the said last will and testament in due form of law.

 

Quebec 27th November, 1855

典homas O誰eill

 

Let the prayer of the above Petitioner be granted and proof be adduced in due form of law.

 

Quebec, 27th November 1855.

笛ohn B. Parkin  A.I.L.C.