| 25th October 1844|
Will of James Kelly
(husband of Margaret Plunkett)
| From records of Notary Edouard Tessier|
Transcribed from Microfilm #M401-5740 at the Quebec Archives
On the twenty fifth day of October in the year of our Lord one thousand eight hundred and forty four, before us the undersigned Notary Public duly sworn in and for that part of the province of Canada heretofore constituted the Province of Lower Canada, residing in the City of Quebec, and the undesigned and hereinafter named witnesses, personally came and appeared Mr. James Kelly, Farmer, residing at Valcartier, being good in bodily health and of sound memory, judgment and understanding as appeared to me the said Notary & witnesses, who declared to us the said Notary in the presence of the said witnesses, that considering the certitude of death and the incertitude of its hour, he was desirous of making his last will and testament which he dictated and named word for word to Maitre Édouard Tessier, Notary, in the presence of the said witnesses, as follows, that is to say:
Firstly, I recommend my soul to God.
Secondly, I do will and ordain that all my just debts be pardoned and wrongs satisfied as soon after my death as possible by the executor of my said will hereafter named.
Thirdly, I do give and bequeath unto Margaret Plunkett my wife the use and enjoyment of all and every my property, real and personal, moveable and immoveable, present and future, which I may die possessed of and which may be due and owing to me in any wise whatever, in whatever place that the same may be situated and to whatsoever amounts that the same may be, for her my said wife to use and enjoy thereof during her life only, instituting her my universal legatee under and by virtue of these presents.
Fourthly, I do give and bequeath unto Richard Kelly my son all and every my said property real and personal, moveable and immoveable, present and future, for and by him the said Richard Kelly to use & enjoy and dispose thereof in full propriety and forever by and in virtue of these presents, to commence and to be computed from the death of the said Margaret Plunkett my said wife, hereby instituting him, the said Richard Kelly, my universal legatee in property.
And to execute my present will I do name and appoint the said Margaret Plunkett, my said wife, into the hands of whom I do divest and de-seize myself of all my said property according to the law, and I hereby revoke all other wills and codicils that I may have heretofore made, agreeing and willing that my said present last will and testament be executed according to his form.
Thus done, named and dictated by the said James Kelly unto the said Édouard Tessier Notary, in the presence of Charles Tanguay and Jean Chrysostome Gagnon, saddlers, both of Quebec witnesses to the due execution of the said last will and testament and after that these presents hath been read and read over again unto him by the said Édouard Tessier Notary in the presence of the said witnesses, he persisted then in declaring it contained his will and desire, and hath declared not to know how to write or sign, demand by us duly made, and the said witnesses have signed with us the said Notary first duly read and read again according to law.
Eighteen words struck out are null and one marginal note approved is good.
Charles Tanguay, his signature;
Chrysostome Gagnon, his signature;
Ed. Tessier, N.P., his signature
(Transcribed by Gerry Neville – March 2011)
Notes by Patricia Balkcom: James died 16 years after writing this will (July 5, 1860), so it’s possible there is a later will. Margaret, his wife outlived him. Although they had other children, only Richard is mentioned in this will.