15th August 1863

Last Will of Philip Smith

 

               

From records of Notary Benjamin Lelievre, No. 1259

Quebec Archives Film #4MO1-4421, Images 416+

 

 

On this day the fifteenth of August in the year of our Lord one thousand eight hundred and sixty three, I the undersigned Notary Public duly commissioned and sworn for Lower Canada residing in the District of Quebec at the request of Philip Smith, widow of the late Ann Doolan (sic), his first wife, actually married to Ellen Herson, his present wife, went to the residence of the said Philip Smith situate as aforesaid.

 

Where being in the presence of James Murphy, farmer, and Thomas Fitzsimmons, farmer, both residing at the River aux Pins aforesaid, witnesses called upon for the purposes hereof, the said witnesses signing with me the said Notary . I found the said Philip Smith, sick in bed, never the less sound of mind, memory, judgment and understanding as appeared to me the said Notary and the said above named and undersigned witnesses by his actions, discourse and words.

 

And the said Philip Smith considering the certainty of death and the uncertainty of the hour thereof, doth hereby make, publish, dictate, and declare to Benjamin Lelievre, the said undersigned Notary in the presence of the said above named witnesses, his last will and in manner following.  That is to say, the said Philip Smith recommends his soul to God, his Creator, when it shall please Him to dissolve his mortal body hoping for a free remission and pardon of her sins through the intercession of his blessed Son and Savior.

 

The said Philip Smith doth hereby give and bequeath unto James Smith, one of his sons, that is to say, a lot of land situate in the Seigniory of Saint Gabriel aforesaid, in the second concession southeast of River aux Pins, being lot number twelve.  The said James Smith to have and to hold the said hereby given and bequeathed lot of land in full property, from and after the day of the decease of the said Philip Smith.

 

Thirdly, the said Philip Smith doth hereby give and bequeath unto Thomas Smith, another of his sons, that is to say, a lot of land situate in the Seigniory of Saint Gabriel aforesaid, in the second concession southeast of River aux Pins, being lot number eleven. The said Thomas Smith to have and to hold the said hereby given and bequeathed lot of land in full property, from and after the day of the decease of the said Philip Smith.

 

Fourthly, the said Philip Smith doth hereby give and bequeath unto the said Ellen Herson, his said wife, an unsurveyed lot of land being in the Seigniory of Fossambault.  The said Ellen Herson, to have and to hold the said hereby given and bequeathed lot of land in full property, from and after the day of the decease of the said Philip Smith.

 

This present last will and Testament is thus made at the charge of the said James Smith of paying at the day of decease of the said Philip Smith unto John Smith, Bridget Smith, wife of Joseph Verncomb, Catherine Smith, wife of Richard Murphy, Mary Smith, widow Hall, Philip Smith and Barnard Smith, to each and every of the above named the sum of fifty cents.

 

And again for the charge of the said James Smith of paying unto Patrick Smith, one of his  brothers now absent, the sum of eighty dollars payable by the said James Smith to the said Patrick Smith, in three years from the day of decease of the said Philip Smith.

 

And also at the charge by the said Thomas Smith of paying unto Patrick Smith, one of his  brothers now absent, the sum of forty dollars payable by the said Thomas Smith to the said Patrick Smith, in three years from the day of decease of the said Philip Smith.

 

And in the event of the said Patrick Smith, being deceased or deceasing without leaving any legitimate heirs, then and in that case the said James Smith and Thomas Smith, will be respectively be bound to pay the said sums of eighty and forty dollars, in equal shares unto the said John Smith, Bridget Smith, wife of Joseph Vercomb, Catherine Smith, wife of Richard Murphy, Mary Smith widow Hall, Philip Smith and Barnard Smith as also to the sum to the said Ellen Herson, his said wife.

 

Fifthly, the said Philip Smith doth hereby give and bequeath unto the said Ellen Herson, his said wife, all his moveable property without any reserve whatsoever, including stock of cattle, of which he is now posses or may be possess of at the day of his decease.

 

The said Philip Smith directs that his body be interred in a decent manner and the expensed of the funeral be paid and defrayed by the said Ellen Herson, his said wife.

 

The said Philip Smith directs that all his just and lawful debts be paid by his said executor herein after named.

 

The said Philip Smith doth hereby nominate and appoint the person of Henry Crawford, Esquire and Michael Murphy, farmer both residing at River aux Pins aforesaid, as executors to this his last will and testament  whom he doth hereby request to render him this last act of kindness.

 

The said Philip Smith hereby annulling, cancelling, objurgating, and making void all former will or wills which may have been heretofore made and executed by him the said Philip Smith.

 

Thus done, made and dictated word by word by the said Philip Smith to the said Benjamin Lelievre, the said undersigned Notary, in the presence of the said above named and undersigned witnesses, in the District of Quebec aforesaid, in the Seigniory of Saint Gabriel, at the residence of the said Philip Smith, on the day and year, first above written, under the number one thousand two hundred and fifty nine, and after having read and re-read the present last will and Testament to the said Philip Smith, which he declared well to understand as being his last will, the said Philip Smith hath persisted  therein as being his last will and meaning, and the said Philip Smith hath declared that he could not write nor sign his name, but made his ordinary mark by a cross, having the said above named and undersigned witnesses signed with me the said Notary in faith and testimony of the premises.

 

Words struck out are null.  Marginal notes approved are good. 

 

Philip Smith, his mark

James Murphy, his signature

Thomas Fitzsimmons, his signature

Benj. Lelievre, his signature.

 

 

 

Transcribed by Patricia Balkcom,   19 January, 2011

My Notes:  Philip died in September, one month after making his will.  His son, Thomas, who he left land to, died in the following July.