13th  April 1874

Last Will of John Scott

(Widower of Anne Blair)

 

From the records of Notary Charles Aylwin

Record #1310

Quebec Archives Microfilm #4M01-1211

 

 

On the thirteenth day of April in the year of our Lord one thousand eight hundred and seventy four, at the request of Mr. John Scott of Halesborough in the Barony and Parish of Portneuf in the District and Province of Quebec, in the Dominion of Canada, Farmer, I the undersigned Public Notary duly commissioned and sworn in and for the said Province, residing at the Parish of Cap Santé, in the said District and Province, and the witnesses hereinafter named, went to the residence of the said John Scott situate at Halesborough aforesaid, where being, we found the said John Scott lying on his bed, in weak bodily health but of sound mind, memory and understanding as to us appeared by his manner and conversation, and who considering the certainty of death and the uncertainty of the hour thereof, hath requested of the said Notary to receive and reduce into writing this his present last will and testament which I Charles Aylwin, the said Notary, have accordingly done in the presence of the witnesses hereinafter named, as dictated to us mot ŕ mot by the said John Scott in the words following, to wit:

 

Firstly and principally, I commend my soul to Almighty God humbly imploring His Divine forgiveness of the sins which I may have committed by the gracious intercession of my Divine Redeemer Jesus Christ. Amen.

 

Secondly, I will and direct that all my just and lawful debts and funeral expenses be fully paid and satisfied by the Executors hereinafter named.

 

Thirdly, I will and bequeath unto my daughter Sarah Scott, wife of Mr. Morland Jess of Halesborough aforesaid, Farmer, and to the said Morland Jess jointly, all and singular the property, real and personal, moveable and immoveable of which I may die seized and possessed and wherever situate and being in full and absolute property from and after my decease forever; subject however to the payment by them to each of my daughters, Maria wife of Joseph Primrose and Susan wife John Grant, of five shillings current money of this Province, in addition to what I have already given to my said two daughters, Maria and Susan; in and for the Deed of a Donation by me & conjointly with my late wife Anne Blair to and in favor of my said daughter Sarah Scott, as passed before Charles Aylwin and his colleague  at Cap Santé aforesaid the fourteenth day of February which was in the year of our Lord one thousand eight hundred and sixty, the said sum to be in lieu of all rights tous droits mobiliers et immobliers paternals et maternals quelconques which they and each of my said daughters Maria and Susan Scott may pretend to be in my future estate and possession.

 

To have and to hold the said property  real and personal, moveable and immoveable generally whatsoever above given and bequeathed as aforesaid unto my said daughter Sarah and to her said husband the said Morland Jess jointly as aforesaid to the only proper use and behoof of the said Sarah Scott and her said husband from and after my decease from thenceforth forever and hereby instituting them my sole and universal legatees.

 

And for the execution of this my present last will and testament, I do hereby appoint my said daughter Sarah and her said husband into whose hands I do in conformity to the law and custom of this Province, hereby deseize and divest myself of all property for the ends hereof.

 

And hereby revoking all the wills, testaments, and codicils which I may have made prior to the present to which alone I do adhere as containing my true intentions and last will.

 

Thus done, dictated, published and declared word for word by the said Testator to and in the presence of the said Notary and of Francis White and Thomas Marshall both of Halesborough aforesaid, Farmers, witnesses hereto these presents being numbered one thousand three hundred and ten, and the said Testator hath hereunto set and subscribed his name and signature in the presence of me the said Notary and witnesses also hereunto subscribing.

 

Two marginal notes are good.

 

John Scott, his signature;

Francis White, his signature;

Thomas Marshall, his signature;

Charles Aylwin, Pub. Not., his signature

 

[Transcribed by Gerald J. Neville - May 2011]