17th April 1895

Will of James Sheehan

Husband of Mary Carroll

 

 

From records of Notary Edouard Antill Panet

No. 4841

Transcribed from the Original at the Quebec Archives

 

 

On the seventeenth day of October one thousand eight hundred and ninety five, at the special insistence and request of James Sheehan of the Parish of Sainte Catherine, Farmer, I, Édouard Antill Panet, the undersigned Notary Public duly commissioned and sworn in and residing and practising in the Parish of Saint Raymond in the Province of Quebec and Dominion of Canada personally repaired to the residence in the said Parish of Sainte Catherine of the said James Sheehan and there finding him very ill in bed but of sound and disposing mind, memory, judgment and understanding as it appeared unto us Notary and witnesses hereinafter named, 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 hath the strength left to do so, hath named, dictated and nominated, fait dicté et nommé, unto us said Notary in presence of said undersigned 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.

 

2º I will and order that my body be committed to the grave to be buried in a manner suitable to my station in life and according to the rites and solemnities of the Holy Roman Catholic Church and faith of which I am a member with a funeral service sung over my remains and another funeral service at the end of the year with two high masses and twenty five low masses for the repose of my soul as soon as possible after my death.

 

3º I give, devise and bequeath to my grandson James Sheehan, son of John Sheehan and Mary Ellen Donohue, his wife:

 

-1- Three lots of land situate, lying and being in the said Parish of Sainte Catherine, being lots Numbers Seven, Eight an Nine of the Fifth Range in the Seigniory of Fossambault and containing each lot two arpents of land in front by forty five arpents in depth, with the buildings thereon erected, circumstances and dependencies, said lots now known and distinguished upon the official plan and Books of Reference for the County of Portneuf and Parish of Sainte Catherine, as lots official numbers one hundred and seventy seven, one hundred and seventy eight, and one hundred and seventy nine (Nos. 177-178-179).

 

-2- The following moveable effects: seven milch cows, five heiffers, three horses, five spring calves, four young pigs, twenty turkeys, twenty five fowl, two ploughs, two barrows, one wagon, one express wagon, two hay carts, one cariole, two cordwood sleighs, four logging sleighs, three sets of harnesses of which two are working and one light, one hay rake, one reaper, one threshing mill, and the whole of this season's crops consisting of hay, grain, roots and vegetables. The product of the above said three lots of land to be by my grandson, used, enjoyed and disposed after full property and ownership from and after the moment of my decease, hereby instituting him my legatee under particular title.

          And during the minority of my said grandson, I will and desire that my son John Sheehan do have the use, usufruct and enjoyment of the said three lots of land, as also the whole of the moveables, goods, chattels and effects above mentioned for his own use, benefit and behoof until such time as my said grandson shall have attained the age of majority.

          And I desire that the fruits and revenues arising out of the said usufruct to my said son shall not be liable to seizure for any debts contracted by my said son as the same is given as an alimentary support for himself and family.

 

4º I give and bequeath to my other grandson John Sheehan, son of James Sheehan and Catherine Maher, his wife:

 

-1- A lot of land situate, lying and being in the Parish of Sainte Catherine, being lot number four of the Little Range in the Seigniory of Fossambault and containing said lot two arpents of land in breadth by forty five arpents in depth, with the buildings thereon erected and now known as lot number one hundred and eighty two (No. 182) on the official plan and book of reference for the County of Portneuf and Parish of Sainte Catherine

 

-2- A lot of land situate in the said Parish of Sainte Catherine in the Little Range of the Seigniory of Fossambault containing three arpents of land in breadth by fifteen in depth also one and a quarter arpents of land in breadth by thirty arpents in depth to be taken and detached from a lot in the third concession of the Seigniory of Fossambault and now known upon the official plan and book of reference of the County of Portneuf and Parish of Ste. Catherine as Nos. 82 & 84.

 

-3- The whole of the household furniture, goods, chattels, agricultural implements, wagons, sleighs and other moveable effects situate and being on the same lot number four of the Little Range at present in use by my son James, also the whole of the season's crop of grain, hay, roots and vegetables. The product of said lots of land to be my said grandson, John, used, enjoyed and disposed of in full property and ownership from and after the moment of my decease, hereby instituting him my legatee under particular title.

          And during the minority of my said grandson John, I will and desire that my son James Sheehan do have the use, usufruct and enjoyment of the said lots of land above described as also the whole of the moveable effects, goods, & chattels bequeathed him for his said son's own use, benefit and behoof until such time as my said grandson shall have attained the age of majority.

          And I desire that the fruits and revenues arising out of the said usufruct to my said son shall not be liable to seizure for any debts contracted by my said son as the same is given as an alimentary support for himself and family.

 

I hereby nominate, constitute and appoint my two sons, John and James Sheehan of the Parish of Sainte Catherine, Farmers, Executors of this my present last will and testament wishing and desiring that their power and authority as such Executors continue beyond the day and year allowed by law and until such time as their two sons, James and John, shall have attained their age of majority.

 

I hereby revoke and repeal all other and former last wills and codicils by me heretofore made, wishing and desiring that the present alone be followed.

 

It was thus named, dictated and nominated unto us said Notary and witnesses by the said Testator of his own free will and accord, and the said Testator persisted hereinafter the reading thereof as fully to embody and contain his last will and intentions.

 

Thus done and passed at Sainte Catherine aforesaid in the residence of the said Testator on the day, month and year first above written, under the number four thousand eight hundred and forty one of the original deeds remaining of record in the office of the undersigned Notary.

 

In testimony whereof the said Testator declaring his inability to write or sign his name hath made his usual mark of a cross in the presence of the said undersigned Notary and in the presence of James Cullen and Patrick Coughlin both farmers and both residing in the Parish of Ste. Catherine, witnesses requested by law and expressly demanded by the said Testator, 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 by the said Notary to said Testator in presence of said witnesses.

 

Two marginal notes are good.

 

James Sheehan, his mark;

James Cullen, his signature;

Patrick Coughlin, his signature,

E.A. Panet, N.P., his signature

 

 

Transcribed by Gerald Neville, 2011

 

Note by Patricia Balkcom:  James died 6 months later on the 19th of October at the reported age of 73 years.  His two grandchildren who inherited all his property were young children when he died – James was two years old and John was 10 years old.