3rd May 1892
Will of James Powell
(widower of Ellen Murphy)
Transcribed from records of Notary Edouard Antill Panet
Record # 4083
On this third day of the month of May in the year of our Lord one thousand eight hundred and ninety two, at the special instance and request of James Poole [Powell] residing in the Parish of Ste. Catherine, Farmer, I, Édouard Antill Panet, the undersigned Notary Public duly commissioned and sworn in and residing and practicing in the Parish of Saint Raymond in the Province of Quebec and Dominion of Canada, accompanied by Edmond Landers and John Donaldson, both farmers residing in the said Parish of Sainte Catherine, the witnesses required by law, and expressly requested by the said James Powell, to witness his present last will and testament, personally went and repaired to the residence of the said James Powell in the said Parish of Sainte Catherine, and their finding ill in bed, but of sound and disposing mind, memory, judgment, and understanding as it appeared unto us, said 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 to do so, hath named, dictated and nominated unto us said Notary and witnesses 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 of Christ, our Saviour.
2º I will and order that my body be buried in a manner suitable to my station in life, and according to the rites solemnities of the Holy Roman Catholic Church of which I am a member.
3º I will and order that my just debts, funeral and testamentary expenses be first paid by my universal legatee hereinafter named.
4º I give, devise and bequeath to my well beloved son John Powell, at present residing with me, the whole of my moveable effects, household furniture, goods, chattels, and effects and the whole of my immoveable property, real and personal, ready money, rights and actions, and all other property which I may die possessed of, to be by my said son John Powell, used, enjoyed and disposed of, in full ownership and property from and after the moment of my death, hereby instituting him my universal residual legatee and devisee in full ownership and the Executor of this my present last will and hereby revoking all other and former last wills and codicils by me heretofore made, wishing and desiring that the present above be followed.
Thus done and passed at Sainte Catherine aforesaid on the day, month and year first above written.
In faith and testimony whereof the said Testator hath signed the present will with and in the presence of the said Notary and witnesses, who have each signed with and in the presence of the said Testator and in the presence of each other, these presents having been first duly read in his presence by the said Notary and in the presence of the said witnesses, these presents bearing the number four thousand and eighty three of the original deeds remaining of record in the office of the undersigned Notary.
James Poole, his signature;
John Donaldson, his signature;
Edmund Landers, his signature;
E.A. Panet, N.P., his signature
NOTE: I have used the spelling "Powell" throughout, although in the actual Will the spelling used is "Poole."
Transcribed by Gerry Neville – April, 2012
Note by Patricia Balkcom: James died 4 months later on September 12, at the reported age of 85 years. He was predeceased by his wife, Ellen.