| 3rd August 1860|
Last Will of Helen Brown
Widow of Thomas McGill
| From Notary Records of Benjamin Lelievre|
Quebec Archives Film #4M01-4421
On this day the third of August in the year of our Lord, one thousand eight hundred and sixty, before me the undersigned Notary Public duly commissioned and sworn for Lower Canada, residing in the District of Quebec, and in the presence of William Knox, Farmer, and John Robertson, Tailor, both residing in the Seigniory of Saint Gabriel at the place called Valcartier, both witnesses called upon and present for the purposes hereof, the said witnesses signing with me the said Notary, personally came and appeared Helen Brown, widow of the late Thomas McGill, in his life time Mill Wright of Valcartier aforesaid, the said Helen Brown residing in the Seigniory of Saint Gabriel at Valcartier aforesaid, which said Helen Brown being in good health and sound of mind, memory, judgment and understanding as appeared to the said Notary and to said above named and undersigned witnesses by her actions, discourse and words, and for the purpose hereof came in the office of Benjamin Lelièvre, the undersigned Notary, and the said Helen Brown considering the certainty of death and the uncertainty of the hour thereof doth make, publish, declare and dictate to the said Benjamin Lelièvre, in the presence of the above named and undersigned witnesses her last will and testament in manner following, that is to say:
The said Helen Brown recommends her soul to God, her Creator, when it shall please him to dissolve her mortal body, hoping for a full pardon of all her sins, through the intercession of his Blessed Son her Saviour. The said Helen Brown desires that her body be buried at the discretion of her Executor hereinafter named.
The said Helen Brown doth hereby give and bequeath all, each and every her lands, goods, merchandise, real and personal estates, sum and sums of money, of money notes of hand, and obligations or otherwise which she is now possessed of or may hereafter be possessed of, without any reserve, restriction or limitation whatsoever and wherever the same may be found whether in Canada or elsewhere unto Isabel McGill, James McGill, Margaret McGill, Charlotte Jane McGill, William McGill, John McGill and Wilhelmina McGill all her children issue of her marriage with the said Thomas McGill, her husband.
The said Isabel McGill, James McGill, Margaret McGill, Charlotte Jane McGill, William McGill, John McGill and Wilhelmina McGill her said children to have and to hold, use and enjoy the said lands, goods, merchandise, real and personal estates, sum and sums or as otherwise as aforesaid, of which she is now possessed of or may hereafter be possessed of, in full property and forever from and after the day of her decease and to be equally by them share and share alike.
And in the event of any of the above named children deceasing before attaining the full age of twenty one, and without having any legitimate heirs of their bodies, then and in that case it is the wish and intention of the said Helen Brown that their share be the property and be equally divided amongst the survivors of the said above named children.
But in the event of any of the said above named children deceasing before they shall have attained the full age of twenty one or after twenty one as aforesaid, and leaving legitimate heirs of their bodies, then and in that case their share shall be the property and belong to such legitimate heirs.
Nevertheless it is the wish and intention of the said Helen Brown that after her decease those of her children who will be twenty one or more, with or without legitimate heirs, do dispose of their share of the present bequeathed property in full property and as they may deem fit and proper.
And the said Helen Brown doth hereby nominate and appoint Executor of this her last will and testament the person of Thomas Brown of Valcartier, aforesaid Farmer, of who she doth request this last act of kindness.
The said Helen Brown hereby annulling, cancelling, abrogating and making void all former will or wills by her the said Helen Brown which may have been heretofore made and executed.
Thus done, made and dictated word by word by the said Helen Brown to the said Benjamin Lelièvre in the presence of the said above named and undersigned witnesses in the office of the said Benjamin Lelièvre at Valcartier aforesaid on the day and year first above written under the number one thousand one hundred and thirty, and the present last will and testament having been read and re-read to the said Helen Brown which she declared well to understand as being her last will and meaning, she hath persisted therein, and hath declared that she could not write or sign but made her ordinary mark of a cross having the said above named witnesses signed with me the said Notary, in faith and testimony of the premises.
Marginal notes approved are good.
Helen Brown, her mark;
William Knox, his signature;
John Robertson, his signature;
Benj. Lelièvre, N.P., his signature
Note by Patricia Balkcom: Helen died in 1880, twenty years after writing this will. She was 80 years old at death. Her husband had died in 1845.
Transcribed by Gerald Neville, January, 2012