19th  October 1840
Will of Timothy McCarthy
Husband of Jane Mahoney
Transcribed from Notary Records of Louis Panet
Record #8565
 Quebec Archives Microfilm #4M01-5381

Before us the undersigned Notaries Public duly commissioned and sworn in and for the Province of Lower Canada and residing in the City of Quebec in the said province, personally came and appeared Timothy McCarthy of Ste. Catherine de Fossambault, farmer, who being apparently in good bodily health and of sound and perfect mind, memory and understanding requested us the said Notaries to write down and receive in due form of law, his last will and testament which he instantly made, published, dictated and named unto us the said Notaries in manner and form following:

I recommend my soul to Almighty God, hoping for a free pardon and remission of all my sins through the intersession of my Blessed Saviour Jesus Christ.

I will and direct that all my just debts be fully paid and satisfied out of my estate and property by my Executor hereinafter named.

I give and bequeath unto my sons Denis McCarthy and Michael McCarthy my land and farm situated in the Parish of St. Catherine de Fossambault and known by lot Number sissy six in the Fourth Range and purchased by me from William Russell together with all and every other property moveable and immoveable, real and personal which I may die possessed of without any exception or reserve hereby instituting them the said Denis and Michael McCarthy my universal and residuary legatees, provided always that they the said Denis and Michael McCarthy shall allow Jane Mahoney my wife if she should survive me, the undisturbed usufruct and enjoyment during her life only of all my said lands and property moveable and immoveable.

I appoint my said sons Denis and Michael McCarthy Executors of my present will and testament hereby revoking and making null and void all other wills and codicils at any time heretofore by me made, declaring the present to be my only true last will and testament.

It was thus made, published, dictated and named word for word, dicté et nommé mot pour mot, by the said Timothy McCarthy, Testator, unto us the said Notaries and afterwards the said will and testament having been twice read, lu et relu, to the said Timothy McCarthy, Testator, by one of us the said Notaries, the other being present, he the said Testator declared that he had perfectly heard and understood the said will and testament and persisted therein conformable to his last will and intention.

Thus done and passed at Quebec in the office of Louis Panet one of us the said Notaries in Upper Town, St. Louis Street, where Jean Baptiste Trudelle, his confrere was called in for the purpose and assisted and was present all the time on the nineteenth day of October one thousand eight hundred and forty at two o’clock in the afternoon. The said Testator having signed these presents together with us the said Notaries after reading thereof as aforesaid in faith and testimony of the premises.

Four words erased are null. One marginal note approved is good.

Timothy McCarthy, his signature;

J.B. Trudelle, N.P., his signature;

Ls. Panet, N.P., his signature

Transcribed by Gerald Neville, July, 2011

Notes by Patricia Balkcom:  Timothy died in 1847, seven years after writing this will.  His wife died a year earlier.  Two of their known five sons are mentioned in this will.