25th October 1844

Will of Margaret Plunkett

(wife of James Kelly)

 

From records of Notary Edouard Tessier, No. 1466

Transcribed from Microfilm #M401-5740

at the Quebec Archives

 

 

On the twenty fifth day of October in the year of our Lord one thousand eight hundred and forty four, before us, the undersigned Notary Public duly sworn in and for that part of the Province of Canada heretofore constituted the Province of Lower Canada, residing in the City of Quebec, and the undersigned and hereafter named witnesses, personally came and appeared Margaret Plunkett, spouse of James Kelly, residing with her said husband at Valcartier, being in good bodily health and of sound memory, judgment and understanding as it appeared to us the said Notary & witnesses, who declared to us the said Notary in the presence of the said witnesses, that considering the certitude of death and the incertitude of its hour, she was desirous of making her last will and testament, which she dictated and named word for word to Maitre Édouard Tessier, Notary, in the presence of the said witnesses, as follows, that is to say:

 

Firstly, I recommend my soul to God.

 

Secondly, I do will and ordain that all my debts be paid and wrongs satisfied as soon after my death as possible, by the Executor of my said will hereafter named.

 

Thirdly, I do give and bequeath unto James Kelly, my husband, the use and enjoyment of all and every my property, real and personal, moveable and immoveable, present and future, which I may die possessed of and which may be due and owing to me in any wise whatever and in whatsoever place that the said be situated and to whatsoever the amount may be, for by him my said husband to use and enjoy thereof during his life only, instituting him my universal usufruct legatee, under and by virtue of these presents.

 

Fourthly, I do give and bequeath unto Richard Kelly, my son, all and every my said property, real & personal, moveable & immoveable, present and future, for and by him the said Richard Kelly to use and enjoy in full propriety and for ever, by and in virtue of these presents, to commence and be computed from the death of the said James Kelly my said husband, hereby instituting him the said Richard Kelly my universal legatee in property.

 

And to execute my present will I do name and appoint the said James Kelly, my said husband, into the hands of whom and do divest and de-seize myself of all my said property according to the law, and I hereby revoke all other will and codicil that I may have heretofore made agreeing & willing that my said present last will & testament be executed according to his form.

 

Thus done, named and dictated by Margaret Plunkett unto the said Édouard Tessier, Notary, in the presence of Charles Tanguay and Jean Chrysostome Gagnon, both saddlers of Quebec, witnesses to the due execution of the said last will and testament, and after that these presents hath been read and read over again unto her by the said Édouard Tessier , Notary, in the presence of the the said witnesses, she persisted then in declaring it contained her will and desires, and she hath declared that she could not write nor sign demand thereof by us duly made in the presence of the said witnesses, and the said witnesses have signed these presents with us the said Notary duly read and again according to the law.

 

Four words struck out are null. One marginal note approved as good.

 

Charles Tanguagy, his signature;

J. Chrysostome Gagnon, his signature;

Éd. Tessier, N.P., his signature

 

 

(Transcribed by Gerry Neville - March 2011)

 

Notes by Patricia Balkcom:  Margaret died nineteen years after this will was written and so it is possible there is a later will.  Although they had other children, only Richard is mentioned in this will.