16th December 1886

Last Will of James Rourke

Husband of Martha Calback

 

From records of Cyrille Tessier

Record No. 7148

  Transcribed from the original at the Quebec Archives

 

 

On this day the sixteenth of December one thousand eight hundred and eight six, before the undersigned Notaries Public for the Province of Quebec, Canada, residing in the City of Quebec, personally came and appeared Mr. James Rourke, of the Parish of St. Gabriel of Valcartier, Farmer, who has made as follows his last will and testament:

 

1st I give, devise and bequeath to Martha Calback, my beloved wife, the usufruct and enjoyment during her life time of all property, real and personal, moveable and immoveable, which I may die possessed of without exception, exempting her from the obligation of making an inventory and of giving security.

 

2nd I give, devise and bequeath to my son Henry four acres in front by thirty acres in depth or thereabouts, or whatever right I may have thereon being the north part or portion of my land which is composed of numbers twelve and thirteen of the Fourth Range of St. Gabriel West; also two sheep, two cows, and a horse, to have and to hold the same in full ownership from the day of the decease of my said wife.

 

3rd I give, devise and bequeath to my four daughters, Ellen, Margaret, Sarah and Mary Ann, the two remaining acres of my said land, being the south part of the same with buildings, as well as all my other property, real and personal, moveable and immoveable, which I may die possessed of, instituting them my universal or residuary legatees, to have, use and enjoy the whole in full ownership and by equal shares from the day of the decease of my said wife.

 

And I do nominate and appoint my said wife Martha Calback the sole executrix of this will, revoking all former wills and codicils I may have made before this.

 

This last will received by Cyrille Tessier, Notary, in the presence of G.F.C. de Léry,  his colleague, having been read to the Testator by the first named Notary in the presence of his said colleague, he has declared well to understand the same and has persisted in the same as containing his last intention.

 

At Quebec, Office of the said Cyrille Tessier, under the number seven thousand one hundred and forty eight of his records. In testimony whereof the said Notaries have signed in the presence of the Testator and of one another, the Testator having declared not to know how to write or sign his name, after the reading done.

 

Twenty nine words erased null and one marginal note good.

 

James Rourke, his mark;

G.F.C. de Léry, N.P., his signature;

Cy. Tessier, N.P., his signature

 

 

 

 

Transcribed by Gerald Neville, 2011

 

Note by Patricia Balkcom:  James died 16 years later (15 November 1901) at the age of 82 years.  He and his wife, Martha, had 8 known children, only five of them are mentioned in the will.  Missing are John, Joseph, and James.