| 6th April 1869|
Last Will of Michael Kearney
(Husband of Mary McMahon)
| From the records of Notary Charles Aylwin |
Quebec Archives Microfilm #4M01-1211
On the sixth day of April in the year of our Lord one thousand eight hundred and sixty nine, at the request of Michael Kearney, resident at Halesborough in the Parish of Notre Dame de Portneuf in the District and Province of Quebec, in the Dominion of Canada, Farmer, We, the undersigned Public Notary duly commissioned and sworn in and for the said Province, residing at the Parish of Cap Santé, in the said District and Province, went to the residence of the said Michael Kearney situate at Halesborough aforesaid, where being, we found the said Michael Kearney in weak bodily health but of sound mind, memory and understanding as to us appeared by his manner and conversation, & who considering the certainty of death and the uncertainty of the hour thereof, and being desirous while he may be allowed to do so, divesting of all the worldly property of which he may die as of possessed, hath requested of us the said Notary to receive and render unto writing his present last will and testament in the words following, to wit:
Firstly and principally, I commend my soul to Almighty God, the Father of all mercies, humbly imploring at His hands forgiveness of my sins through the gracious intercession of my Divine Redeemer, Jesus Christ. At my funeral, I leave the direction of the same to my dearly beloved wife, Mary McMahon, herein after named.
Secondly, I will and direct that all my just and lawful debts and funeral expenses be paid and satisfied by my Executrix hereinafter named.
And thirdly, I will and bequeath unto my said dearly beloved wife Mary McMahon, all and singular the property real and personal, moveable and immoveable whatsoever, of which I may die seized and possessed and wheresoever situate and being without any exception or reserve whatsoever.
To have and to hold all and singular the said property real and personal and moveable and immoveable above described and bequeathed as aforesaid unto my said wife Mary McMahon, her heirs and assigns, to the only proper use and behalf of the said Mary McMahon her heirs and assigns from and after my decease from therefore to forever.
And for the execution of this my present last will and testament, I do hereby nominate and appoint my said wife the said Mary McMahon into whose hands I do, in conformity to the law and custom in that behalf, hereby deseize and divest myself for ever hereof and hereby institute her my sole universal legatee.
Hereby revoking all other wills, testaments and codicils which I may have made prior to the present to which alone I do adhere as containing my true intentions and last will.
Thus done and dictated word for word (mot à mot) and published and declared by the said Testator as and for his last will and testament to and in the presence of us the said Notary and of Francis White and George Watson, both residing at the said Parish of Portneuf, Proprietors and Farmers, witnesses, hereto, on the day and year first above written at the hour of two in the after noon. And the said foregoing will having been read and read over (lu et relu) to the said Testator by the said Notary in the presence of the said witnesses, he hath persisted therein as containing his true intentions and last will.
In faith and testimony whereof the said Testator hath to these presents first duly read and numbered one thousand and four, set and subscribed his name and signature in the presence of us the said Notary and witnesses also hereunto subscribing.
Two words struck out are null.
Michael Kearney, his signature;
Francis White, his signature:
George Watson, his signature;
Charles Aylwin, Pub. Not., his signature
[Transcribed by Gerald J. Neville – May 2011]