26th November 1891
Last Will of Robert Sissons
(Widower of Elizabeth Henderson)
From the Notary Records of Edouard Antill Panet
Transcribed from the Original at the Quebec Archives
On this twenty sixth day of the month of November one thousand eight hundred and ninety one, before Mtre. 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 and in the presence of the witnesses hereinafter named expressly requested by the Testator hereinafter named to witnesses his last will and testament, personally came and appeared Robert Sissons, Esquire, Gentleman, residing in the place called Lake St. Joseph in the Parish of Sainte Catherine, who being of sound and disposing mind, memory, judgment and understanding as it appeared unto us Notary and witnesses from his words and actions, yet knowing the certainty of death and the uncertainty of the time thereof and being desirous of regulating his worldly affairs, 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.
2º I will and order that my just debts, funeral and testamentary expenses be first paid by my Executors hereinafter named.
3º I will and order that my body be committed to the grave to be buried in a manner suitable to my station in life, leaving it to my Executors to fix and arrange the manner and expense of my funeral.
4º I will, wish and order, that as soon as possible after my death my Executors hereinafter named do cause to be sold the to the most advantage possible, and to the highest bidder, the whole of my moveable property, household furniture, goods, chattels and effects, as also the whole of my immoveable property with the exception of any Bank stock (which I do not wish to be sold or disposed of) my said real estate or immoveable property in no wise to be sacrificed, leaving it to my Executors to us their judgment as to the best time and season for such sale, and the proceeds arising from the sales of said moveable and immoveable property as also the moneys arising from my Life Policy or Policies of Insurance, I wish, will an desire that the same be invested by my said Executors and be applied by them to the purchase of shares or stock in the Quebec Bank of Quebec.
5º I will, devise and bequeath unto my well beloved wife Kathleen S. Hill, the dividends and interest from sixty (60) shares of Bank stock in the Quebec Bank of Quebec, said dividends and interest, to be by my said wife used, enjoyed and disposed of in full property and ownership during the whole of her natural life time, and from and after my said wife's death, said dividends and interest arising from said shares, to be and become the property and ownership of my child or children that may be born issue of my present marriage with said Kathleen S. Hill, equally between them and in the event of their being no issue living of my marriage, with said present wife, said dividends and interest t accrue from said sixty shares of Bank stock as aforesaid, from and after the decease of my said present wife, shall be equally divided between my three daughters during the whole of their natural life time, Annie, Elizabeth and Jane issue of my marriage with the late Elizabeth Henderson or the survivor or survivors of them should the deceased one have no issue of her marriage.
6º I give, devise and bequeath the use, usufruct and enjoyment of the interest and dividends to arise and accrue from the rest, residue and remainder of the Bank stock or shares I may own at the time of my decease, as also of any other shares whatsoever, rights and actions, the result of all investments my said Executors may make arising out of the proceeds of the sale of my moveable effects, and immoveable property as aforesaid unto my said daughters, Annie, Elizabeth and jane or the survivor or survivors of them, should deceased daughter bear no lawful issue during the whole of their natural life time, equally share and share alike.
7º And as to the property and ownership of the said sixty shares of Quebec Bank stock, as also of any other shares of said Quebec Bank stock over and above said sixty shares or of any other Bank or financial institution which may be found to compose the whole of my estate and succession, after all the investments shall have been made by my said Executors as aforesaid. I give, devise and bequeath the same subject to the usufruct in form of my said daughters to the children issue of the marriage or marriages which may be contracted by my said three daughters, Annie, Elizabeth and Jane, to be divided equally and proportionally between the said children of each of my said daughters, the children of each of my said daughters inheriting one third in the event there being no living issue of my said marriage with my present wife at her death, the third share of any of my said daughters dying unmarried to be divided by equal proportions between the children of such daughters as are named.
8º I will and order and it is my express wish and desire that no part of said interest or dividend hereinbefore bequeathed to my said wife and to my said children shall at any time be liable to seizure for the debts of my said wife and children as the same is bequeathed them as an alimentary support or pension.
9º I expressly wish and desire that should my said wife or any of my said daughters dispute the conditions of this my present will or any of the bequests herein mentioned for any cause or reason whatsoever, in that case such one so disputing said will shall forfeit her right to inherit under said will and her share of said interest and dividend as stated, shall be and become the property of my said daughters who shall have been satisfied to abide by my said will, the property and ownership thereof reverting to the children in conformity to the bequest above stated.
10º I hereby nominate, constitute and appoint my father Thomas Sissons, Esquire, Mill Wright, residing in the Parish of Saint Raymond, and my friend John Brown, Lumber Merchant, of the firm of of J & W.D. Brown of the City of Quebec, Executors of this my present last will and testament into whose hands I do hereby divest myself of all my property according to law.
11º 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 and executed after my death.
It was thus named, dictated and nominated, fait dicté et nommé, by the said Testator of his own free will and accord unto us said Notary and in the presence of Liboire Piché, Clerk, and Thomas Fleming of the Parish of Ste. Catherine, witnesses, on the day, month and year first above written in the residence of the said Testator, in the said Parish of Sainte Catherine, at Lake St. Joseph aforesaid, and the Testator persisted herein after the reading thereof as fully to embody and contain his will and intentions.
Thus done and passed under the number three thousand nine hundred and seventy six of the original deeds remaining of record in the office of the undersigned Notary.
In testimony whereof the said Testator hath signed these presents 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, the same having been first duly read by the said Notary in the presence of the said Testator and witnesses.
Eight marginal notes are good. Ten words erased are null & void.
R. Sissons, his signature;
Liboire Piché, his signature,
Thomas Fleming, his signature;
E.A. Panet, N.P., his signature
18th July 1894
Codicil to Last Will and Testament of Robert Sissons
(widower of Elizabeth Henderson, husband of Kathleen Shuldham Hill)
From the records of Notary Édouard Antill Panet, Record Number 4566
Transcribed from the original at the Quebec Archives
On this eighteenth day of the month of July one thousand eight hundred and ninety four, before Mtre. 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 and in the presence of Thomas Sissons, Esquire, and George Lacombe, Bailiff, both residing in the Parish of Saint Raymond, witnesses required by law an expressly requested to witness the present codicil, personally came and appeared Robert Sissons, Esquire, of the place called Lake St. Joseph in the Parish of Sainte Catherine, Mill Wright, who being of sound and disposing mind, memory and understanding hath requested me the said Notary in presence of said witnesses to write down and receive in due form of law a codicil to his last will and testament which bears date and was received before Mtre. E.A. Panet, the undersigned Notary Public and witnesses the twenty sixth day of November one thousand eight hundred and ninety one and remains of record in the Notariat of the said undersigned Notary, which he declared unto me the said Notary in presence of said witnesses in manner and form following:
1º I will an sir that the dividends and interest to accrue from the sixty shares of Bank stock in the Quebec Bank of Quebec and which I had bequeathed to my beloved wife Kathleen S. Hill in clause five of my said last will and testament be increased to the dividends and interest to accrue from forty shares more of the said Quebec Bank stock, making in all one hundred shares.
2º I will, wish and order that the part of my said last will and testament in which I desire the whole of my movable effects and household furniture to be sold, clause four of said will be set aside, and instead I give, devise and bequeath to my said wife Kathleen S. Hill the whole of my moveables, household furniture, goods, chattels, and effects which I die possessed of as her own absolute property.
3º And I further wish, will and desire that the whole of my bequests mentioned in my said last will to my said beloved wife, and also those presently mentioned be given and paid over to my said wife on the one condition that she renounces to her dower and rights to dower and her share o the Community of property which existed between us and I wish and desire also that the bequests to my said three daughters named in my said last will and testament be given them on the condition that they renounce to their share in the Community of property which existed between me and my late wife Eliza Henderson as their share of the said Community of property which exited between me and my said late wife is included in my bequests to them.
4º In order to make clear any ambiguity there may be in the latter part of clause seven of of my said last will and testament, wherein I wish that the children of each of my said daughters inheriting one third, the third share of my said daughters dying unmarried to be divided in equal proportions between the children of such daughters as are married, where I expressed a third share, I meant and state, reason and understand it to be a third share of the interest and dividends and not of the share of capital.
In all other respects I hereby ratify and confirm my said last will and testament.
The said codicil was by the said Robert Sissons declared unto us the said Notary and in the presence of said witnesses and read to the said Testator in presence of said witnesses who persisted therein as a codicil to his said last will and testament.
In testimony whereof the said Robert Sissons has signed on the day, month and year first before written in the office of the said undersigned Notary in the presence of said undersigned Notary and witnesses also hereunto subscribing in the presence of each other, these presents having been first duly read and executed under the number four thousand five hundred and sixty six.
Three marginal notes are good.
R. Sissons, his signature;
Thos. Sissons, his signature;
Geo. Lacombe, his signature;
E.A. Panet, N.P., his signature
NOTE: Hill, Kathleen Shuldham, Born 6 August 06 1871 in Remelton, Donegal, Ireland, Died 25 February 1944 in Bourg Louis.
Transcribed by Gerald Neville, February, 2012