| 2nd April 1859 Last Will of John Bethel Son of William Bethel | From records of Notary John Simpson Hossack No. 444 Quebec Archives Film # M401-4030 |
On the second day of April in the year of our Lord one thousand eight hundred and fifty nine at the request of John Bethel of the City of Quebec, Boot and shoemaker, We the undersigned Notaries Public duly admitted and commissioned for that part of the province of Canada called Lower Canada and residing at Quebec went to the residence of the said John Bethel situated in St. John’s Street in the Upper Town of Quebec where being we found the said John Bethel sitting in a chair in a room in the front part of the second flat of said house weak of body but of sound and disposing mind, memory, hearing and judgment as appeared unto us the said Notaries by his manner and conversation who declared unto us that he was desirous of making and publishing his Last Will and Testament which he accordingly requested John Simpson Hossack one of us to reduce and commit to writing.
Whereupon the said John Bethel being weak of body but of sound and disposing mind, memory, hearing and judgment as aforesaid did accordingly make, publish, and dictate his Last Will and Testament by word to John Simpson Hossack one of the said Notaries in the presence and hearing of Fisher Langlois his colleague being all the time present, as follows, that is to say:
Firstly, I desire that all my just debts be fully paid by my executor hereinafter named as soon as convenient after my decease.
Secondly, I will, devise and bequeath unto Mary Bethel my sister, widow of the late Ward, but again married, her present husband’s name unknown to me, the annual sum of fifty dollars currency which shall be paid to her on the twenty fourth day of December after my decease and continue to be paid to her each year during the time of her natural lifetime. Should she live with my nephew, William Bethel, the above annual sum shall cease and discontinue as long as she shall live with him, otherwise to remain in place.
Thirdly, I will, devise and bequeath unto Charles Fitzpatrick the two half lots of land belonging to me situated at Valcartier the one of which half lots is occupied by John Kack. I further will unto the said Charles Fitzpatrick the sum of Fifteen Pounds currency with the interest due theirs which is due me of Hugh McLaughlin for the lot of land on the north range of Jacques Cartier purchased & being for me.
Fourthly, I will, devise & bequeath unto Thomas Sinnet and James Fitzsimmons in equal shares or halves the lot of land now occupied by James Fitzsimmons to be held by the said Thomas Sinnet and the said James Fitzsimmons for their proper use and behoof.
Fifthly, I will, devise and bequeath unto Ann Delaney, wife of Andrew Sweeney, the sum of fifty dollars currency to be paid to her or her duly authorized agent.
Sixthly, And with the rest and residue of my estate real, personal and mixed moveable and immoveable wherever the same may be and whatever the same may count or to which I may be entitled, I will, devise and bequeath the same unto William Bethel, my nephew, to and for his proper usufruct and behoof by instituting him my sole and universal residuary legatee.
To have and to hold unto the aforesaid legatees respecting the several and respective legatees to their lands before made to and for their proper usufruct and behoof forever.
And for the due execution of these presents, my Last Will and Testament, I do hereby nominate, constitute and appoint Joseph Johnson, Collector of Accounts, to be the sole Executor of these presents into whose hands I divest myself of all my property according to law.
And I do hereby annul and revoke all former wills and codicils by me at any time heretofore made directing that these presents be respected as the true tenor and meaning as being my last will and intentions.
This done, dictated and published word for word to the said John Simpson Hossack in the presence and hearing of Fisher Langlois his colleague at the hour of four o’clock in the afternoon of the day first above written and after these presents were read and read again lu et relu by the said John Simpson Hossackin the presence of his said colleague to the testator he declared that he understood the same properly and found it to contain his Last Will and intentions and hath herewith put and subscribed his name and signature in the presence of us the said Notaries also hereunto subscribing these presents being first twice duly read according to law and recorded in the office of the said John Simpson Hossack under the number four hundred and forty four.
Two marginal notes are good. Twelve words expunged are null.
John Bethel, his signature; F. Langlois, his signature; J.S. Hossack, his signature
Transcribed by Gerald Neville, May, 2011
Notes by Patricia Balkcom: John died the next day at the reported age of 57 years. It appears that John never married, he was the son of William Bethel and Ann McBride. William and his three sons were master shoemakers. I tried to trace the people mentioned in the will as to their relationship to John –
Mary Bethel – sister of John – married to “Ward” and then remarried (I could not find either marriage)
William Bethel – “my nephew” is the son of John’s brother, William and Bridget Kiernerny. William, the nephew, married Emma Thompson in 1860.
Charles Fitzpatrick – is married to Phoebe Bethel. This is another sister of John’s.
James Fitzsimmons – is married to Mary Delaney. Mary Delaney’s mother is Margaret Bethel. Margaret Bethel is also a sister of John.
Thomas Sinnet – I do not know who he is.
Ann Delaney – married to Andrew Sweeney is the daughter of John Delaney and Margaret Bethel. Ann is also the sister to Mary Delaney (married to James Fitzsimmons).