| 10 October 1882 Last Will and Testament of James Davidson Husband of Margaret Lawson | From the Records of Notary Edouard Antill Pane Record #2167 Transcribed from the Original and the Quebec Archives |
On this tenth day of the month of October in the year of our Lord one thousand eight hundred and eighty two, before me Édouard Antill Panet, the undersigned Notary Public duly commissioned and sworn in and residing and practising in the Parish of St. Raymond, in the County of Portneuf, Province of Quebec, and Dominion of Canada, and in the presence of Henry Pelletier, Esquire, and Thomas Gendron, Doctor, both residing in the said Parish of Saint Raymond, witnesses called and required by the Testator hereinafter named for the purposes of these presents, personally came and appeared James Davidson, Senior, Farmer, residing in the said Parish of Saint Raymond, who being sick and unwell, but of sound and disposing mind, memory, judgment and understanding as it appeared unto us Notary and witnesses from his words and actions, yet knowing and considering the certainty of death and the uncertainty of the hour thereof, and being desirous of regulating his worldly affairs, whilst yet he hath the strength so to do, hath named and dictated à fait nommé et dicté unto us the said Notary in the presence of said witnesses, his last will and testament in the manner and form following:
I recommend my soul to Almighty God my Creator in the humble hope that he will receive the same to his favor through the sole merits and mediation of Jesus Christ or Lord and my body to the grave to be interred in a manner suitable to my station in life and leaving it to my Executor hereinafter named to fix and arrange the manner and expense of my funeral.
I will and order that all my just debts, funeral and testamentary expenses be first paid by my Executor hereinafter named.
I give, devise and bequeath to my son John Henry that certain lot of land situate, lying and being in the Parish of Saint Raymond, commonly known as lot number five in the Sixth Concession of the south west half of the Seigniory of Bourg Louis, but now known and distinguished upon the official plan and book of reference for the County of Portneuf and Parish of Saint Raymond as lot official number six hundred and eighty six (No. 686) with the buildings thereon erected.
I give, devise and bequeath to my son James that certain lot of land situate, lying and being in the Parish of Saint Raymond, commonly known as lot number six in the Sixth Concession of the south west half of the Seigniory of Bourg Louis, but now known and distinguished upon the official plan and book of reference for the County of Portneuf and Parish of Saint Raymond as lot official number sox hundred and eighty seven (No. 687) with the buildings thereon erected.
I give, devise and bequeath to my other son Andrew that certain lot of land situate, lying and being in the Parish of Saint Raymond, commonly known as lot number five in the Sixth Concession of the said south west half of the Seigniory of Bourg Louis, but now known and distinguished upon the official plan and book of reference for the County of Portneuf and Parish of Saint Raymond as lot official number six hundred and eighty eight (No. 688) with the buildings thereon erected.
I give, devise and bequeath to my well beloved wife, Margaret Lawson, the use, usufruct and enjoyment of the whole rest, residue and remainder of my estate, moveable and immoveable property, moneys, shares, rights, actions, privileges, claims and demands of whatever nature and kind the same may be, to whatsoever amount the same may come, and wherever situate, without exception or reserve save the above mentioned legacies to my three sons, by particular title to be by her my said wife, used and enjoyed during the valid term of her natural life time, subject to the obligation and charge of supporting her sister Mary Lawson, so long as she lives, and providing her with good food and clothing and bedding such as she has become accustomed to enjoy, in my house, and to furnish my daughter Grace at present unmarried with two rooms, so long as she may require the same free of charge in my house.
Ad after my said wife’s decease, I will, wish and order that the sum of two hundred dollars currency (£50) be paid to my said daughter Grace, in and by ten yearly installments of twenty dollars each by my said son John Henry, my residuary legatee and devisee hereinafter named, said yearly installments to commence one year dating from my wife’s death, and so on to continue yearly thereafter, without interest,
And to my other daughter Mary, wife of Alexander Vachon, Farmer, of the said Parish of Saint Raymond, I will, wish and order that the sum of thirty dollars said currency be paid her by my said son John Henry in two yearly installments of fifteen dollars each, to commence to be due and payable two years after my said wife’s death, without interest.
And I further will, wish and order that in the event of my said daughter Grace dying before having received and been paid the whole of her legacy of two hundred dollars, that in that case, the balance of the said two hundred dollars not paid to her by my said son John Henry be paid to my other daughter Mary, wife of Alexandre Vachon, in and by the same yearly installments as would have been made to Grace had she lived.
And from and after the moment of my said wife decease, I will, wish and order that one (⅓) third of all the moveable effects, household furniture, goods, chattels, horses, cattle, carts, wagons, farm tools and implements, and all other moveable things of whatsoever nature an kind forming part and parcel of my estate and succession and which will be found to exist, and in the condition they will be at the time of my said wife’s decease, be given to and divided equally between my said daughters Grace and Mary Davidson, said division to be made amicably and without having recourse to law, trusting to my said son John Henry my residuary legatee to see that my will and intentions be carried out.
And as to the rest, residue and remainder of the whole of my estate, real and personal, moveable and immoveable, moneys, debts due me, claims, rights, actions and demands, of whatsoever nature and kind the same may be, and whatever amount the same may come, and wherever situate, without exception or reserve, save and except the above mentioned legacies, I give, devise and bequeath the same to my said son John Henry in full property and ownership to be by him used, enjoyed and disposed of as he may see fit and proper from and after the moment of my said wife’s death without being obliged to make any inventory, I hereby instituting him my residuary legatee and devisee in full property and Executor of this my present last will and testament extending his power beyond the year and day allowed by law, and hereby revoking and repealing all other and former last wills and codicils by me heretofore made declaring that the present alone be followed.
It was thus named, dictated and nominated, fait dicté et nommé, unto us said Notary by the said Testator of his own free will and accord in the presence of the said undersigned witnesses, the said Testator persisted herein after the reading as fully to embody and contain his last will and intentions
Thus done and passed at the said Parish of Saint-Raymond in the office of the said undersigned Notary on the day, month, year and hour first above written.
In testimony whereof the said Testator, declaring his inability to sign his name or write by his nervousness and palsy, hath made his mark of a cross in the presence of the said undersigned Notary and witnesses, who have each signed with and in the presence of the said Testator and in the presence of each other, after the same had been duly read to the said Testator, these presents being files of record in the office of the undersigned Notary under the number two thousand one hundred and sixty seven.
One marginal note is good.
James Davidson, his mark; H. Pelletier, his signature; Thos. Gendron, M.D., his signature; E.A. Panet, N.P., his signature
Transcribed by Gerald Neville, March, 2012