5th February 1853
Last Will of Hugh Mooney
Husband of Anne Mooney
From the Notary Charles Aylwin
Record #2023 (306)
Quebec Archives Microfilm #4M01-1210
On the fifth day of February in the year of our Lord one thousand eight hundred and fifty three, before me the undersigned Public Notary duly commissioned and sworn in and for that part of the Province of Canada heretofore Lower Canada, residing in the Parish of Cap Santé in the District of Quebec in the said Province, and the witnesses hereinafter named, personally came, appeared and was present Hugh Mooney of the Parish of Sainte Catherine de Fossambault in the said District and Province, Farmer, which said Hugh Mooney being in indifferent bodily health and of sound mind, memory, and understanding as to us appeared by his manner and conversation, and who, considering the certainty of death and the uncertainty of the hour thereof, hath requested of us the said Notary to receive and reduce into writing this his last will and testament and which we, Charles Aylwin, Public Notary, in the presence of Antoine Juchereau Duchesnay, Esquire, Seigneur of Fossambault, and Charles Bertrand of the said Parish of Ste. Catherine, Miller, witnesses hereto, have accordingly done as dictated to us by the said Hugh Mooney 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.
Secondly, I will and direct that all my just and lawful debts and funeral expenses be paid and satisfied by my Executor hereinafter named.
Thirdly, I will and bequeath unto my grandson, Hugh Mooney, the eldest child of my son Patrick Mooney, a certain lot of land being the equal east half of lot number Four in the Sixth Range of the Seigniory of Fossambault aforesaid, containing the said east half, one arpent and a half in front by thirty arpents in depth, bounded in front by the Fifth Range, in the rear by the Seventh Range, on the side towards the east by lot number Five, and on the other side towards the west by the remaining half of the said lot together with the dwelling house, barn and stable thereon erected and the buildings, circumstances and dependencies and which may hereafter be erected thereon.
To have and to hold the said half lot of land and premises above described, given and bequeathed unto the said Hugh Mooney to be however held in trust for him during his minority by the said Patrick Mooney, his heirs and assigns, to the only proper use behoof of the said Hugh Mooney, his heirs and assigns from and after the decease of the said Testator from thenceforth for ever, subject however to the allowance alimentaire in favor of my wife Anne Mooney following, to wit: one quintal of wheaten flour, one pound of tea, four pounds of sugar, four bushels of potatoes and four pounds of butter at the expiration each and every three months that the said Anne Mooney may survive me. Provided however that should my said wife or any other person on her behalf raise or use any clause matrimonial claims against my estate, then and in that case I will and direct that the said pension alimentaire shall ab ipso facto be lapsed and to all instants and purposes eteinte.
Fourthly, I will and bequeath unto my dearly beloved wife, Anne Mooney, all the moveable and personal property, cattle, money and effects of which I may die seized and possessed and wheresoever situate and being and in full and absolute property from and after my decease from thenceforth for ever.
And I do hereby expressly order and direct that neither my said wife nor any other person be called upon or be compelled by any person whomsoever to make an inventory after my demise of the effects moveable and immoveable of which I may die seized and possessed, the Coutume de Paris and every other law and custom in this Province to the contrary notwithstanding.
And for the execution of this my present last will and testament I do hereby appoint my son the aforesaid Patrick Mooney Executor into whose hands I do in conformity to the law and custom of this Province hereby disseize and divest myself of all my property for the ends hereof, 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 and published and declared by the said Testator as and for his last will and testament to and in the presence of the said Notary and witnesses above named at the residence of Ant. Juschereau Duchesnay, Esquire, at the said Parish of Ste. Catherine on the day and year first above written at the hour of one in the afternoon.
In faith and testimony whereof the said Testator hath to these presents (number two thousand and twenty three) twice duly read set and subscribed his ordinary mark or cross being illiterate, in the presence of us the said Notary and witnesses also hereunto subscribing.
Hugh Mooney, his signature;
A.J. Duchesnay, his signature;
Charles Bertrand, his signature;
Chas. Aylwin, Not. Pub., his signature
NOTE by Patricia Balkcom: Hugh Mooney died on 8 July 1872 at the age of 91 years and was buried in Ste. Catherine’s Cemetery on 10 July 1872. He was born in Ahoghill, County Antrim, Ireland.
Transcribed by Gerald Neville, January, 2012