| 24th January 1865 Last Will of Judith Dalton Widow of Thomas Landers | From records of Notary Benjamin Lelievre No. 1314 Quebec Archives Film #4MO1-4421, Images 655+ |
On this day the twenty fourth of January in the year of our Lord one thousand eight hundred and sixty five, I the undersigned Notary Public duly commissioned and sworn for Lower Canada residing in the District of Quebec at the request of Judith Dalton, widow of the late Thomas Sanders, residing in the Seigniory of Saint Gabriel at the place called ValCartier in the County of Quebec, went to the residence of the said Judith Dalton situated at ValCartier aforesaid.
Where being in the presence of Michael Griffin of ValCartier aforesaid, farmer, and John Donaldson of the parish of St. Catherine, County of Portneuf, also farmer, witnesses here unto required for the purposes, the said witnesses signing with me the said undersigned Notary and from the said Judith Dalton, sick in bed, nevertheless, sound of mind, memory, judgment and understanding as appeared to me the said undersigned Notary and to the said above named and undersigned witnesses by her actions, discourse, and words.
And the said Judith Dalton considering the certainty of death and the uncertainty of the hour thereof, doth hereby publish, declare and dictate unto Benjamin Lelievre, the said undersigned Notary in the presence of the said above named and undersigned witnesses, her last will and testament in manner and form following. That is to say:
The said Judith Dalton recommends her soul to God, her Creator, when it shall please Him to dissolve her mortal body, hoping for a free pardon and remission of all her sins through the intercession of his blessed Son and Savior.
The said Judith Dalton doth hereby give and bequeath unto Mary Landers, her daughter, wife of Francis Conway residing at ValCartier aforesaid, all her moveable and immoveable property generally without any reserve whatsoever, debts, sum and sums of money whether due by bond, note of lien, obligation, covenant or otherwise.
The said Mary Landers, her said daughter, to have, hold, use, possess and enjoy the said moveable and immoveable property in full property from and after the day of the decease of the said Judith Dalton.
The said Judith Dalton directs that her body be buried at the discretion of her Executor hereinafter named and that a solemn grand mass be sung on the day of her burial.
The said Judith Dalton directs that all her just and lawful debts be paid by her son hereinafter named Executor.
The said Judith Dalton doth hereby nominate and appoint the person of Francis Conway, her son-in-law, of ValCartier, aforesaid, farmer, as Executor of this her last will whom she doth hereby request to render her this last act of kindness.
The said Judith Dalton doth hereby annul, cancel, objurgate, and make void all former wills which may have been heretofore made and executed by the said Judith Dalton.
Thus done, made and dictated word by word by the said Judith Dalton to the said Benjamin Lelievre, the said undersigned Notary, in the presence of the said above named and undersigned witnesses at ValCartier aforesaid at the residence of the said Judith Dalton, on the day and year, first above written, under the number one thousand three hundred and fourteen, and after having read and re-read the present last will and testament to the said Judith Dalton, which she declared well to understand, she hath persisted therein as being her last will and meaning having the said Judith Dalton declare that she cannot write nor sign her name, but made her ordinary mark by a cross in the presence of the said above named and undersigned witnesses who have signed with me the said notary in faith and testimony of the promises.
Words struck out are null. Marginal notes approved are good.
Judith Dalton, her mark
Michael Griffin, his signature
John Donaldson, his signature
Benjamin Lelievre, his signature.
Transcribed by Patricia Balkcom, 22 October 2010
Note by Patricia Balkcom: Judith died six months later on 29 July 1865. This will states that she left all her possessions to her daughter, Mary. However, Judith also had two surviving sons – it’s possible that they were left property when their father, Thomas died in 1836.