19th September 1895
Last Will of Owen Murphy
Widower of Elizabeth Loughry
From records of Notary E. G. Meredith
Transcribed from the Original Will at the Quebec Archives
This is my last will & testament, the conditions of which, I beg my Executors hereinafter named, to carry out, as soon after my death as possible :
I die at peace with all Mankind, bearing no ill will or animosity against any person and praying all whom I have in any way injured during my life time to exercise a merciful forgiveness in my regard-
My Faith in the Mercy of my Divine Creator is very great, and I pray for, hope and trust in a merciful exercise of Divine Mercy, when I appear at the tribunal of the Last Judgment Seat, MAY GOD THEN HAVE MERCY ON MY SOUL.
My funeral expenses, which my Executor herein after named will determine;
I wish that any small debts, I may owe, to be paid at once, out of the cash on my Estate at my death, whether such cash may be in the Office or at my Credit in any of the Banks in the City.
I will and bequeath to my good and faithful house maid Kate Dumphy, the sum of One thousand Dollars as recognition of her sterling qualities, and as a small measure of reward for her never failing efforts in promoting domestic happiness under my roof during the many years which she has held central both before and since my wife’s death –
I will and bequeath to my dear friend Mary or Minnie LSE, widow of the late Col. Lamontagne the sum of One Thousand Dollars to aid her in her struggles with an unsympathetic world. These bequests are to be paid free of all Government or other Tax and out of the amount of my life Policy immediately after the Collection from the New York Life Insurance Co of the amount of said policy.
I will and bequeath to my brother Michael Murphy of Stoneham, the sum of Five Hundred Dollars to be paid free of Government Tax, should it appear that I have by Deed of Sale to me or by Mortgages or indeed in my Other way, any right, title or interest in the Homestead property at Stoneham.- I hereby abandon all such In favor of my brother Michael Murphy who lives on the property and who is as far I am concerned the sole and only owner.
I desire that Five Hundred Dollars be applied to having Masses said for the repose of the soul of my dear Wife and myself; this sum may be divided, as follows :
$ 100.00 to St Patrick’s Church.
100.00 to St Bridget’s Asylum.-
100.00 to Convent of the Good Shepard
100.00 to the Jesuit Order; Father Desy.
100.00 to the Parish Priest of Stoneham.
I Will and bequeath to my nephew John E. Murphy all the Furniture and effects in our office on St. Peter’s street : such as desks, tables, chairs, book-cases and books, safes, Oil-Cloth, stoves, maps, etc.- all such being my property and having been paid for by me.-
I will and bequeath to my said nephew John- E.- Murphy
The following assets, namely :-
Debt due me by Alfred Lortie $ 6505.60
With interest since 1st Jan- 94.-
Judg. against Hy Harris $752. 51
do do J.-O. Vezina 122. 02
do do E.- Corrivean 82. 87
do do L. Berabe 70. 00
do do J. B.E. Plamondon
-80- Shares in The River Famine Mining Co.
-400 do do do
-220 do Du Loup Gold Mining Co
-200- do do do
– 5- Shares in The Quebec Sterling Bank
– 3- do The Quebec Bank
– 85- do ea. $100. in Arapakor Cattle & Co
the foregoing are not of much value but the vesting them in the hands of my nephew-J. E. Murphy serves a double purpose, it eliminates them out of my Estate and enables him probably to realize some fortune of doubtful assets
In addition to the $ 1000. willed to Kate Dumphy, She is to get the following from my household effects.
The Painting in my bedroom Sacred Heart.
Framed Picture of Knox Church
Frame needle work picture
In my room no place like home photos. ( a pare ) Mrs Murphy & myself in gilt oval frames.
Ornamental Box made of shells on sitting room table with any other minor articles she may wish for my niece Mary- L. – Murphy will kindly see to the carrying out of this desire on my part.-
the family likeliness in my house-photos and every thing of the character of a family memento, my wearing apparel and all my personal effects, all articles having the family coat of arms thereon or having my name or that of my wife thereon are not to be sold, but are to be distributed amongst the family entirely on the discretion and judgment of my niece Mary- L.- Murphy of Batiscan Mills.
I desire that five hundred dollars be paid together to the Pastor of St. Patrick’s church, and an obligation taken that the interest on this sum be applied annually to keeping my lot In St. Patrick’s Cemetery in good order to all Futurity.
I WILL and bequeath to Master Conrad Lamontagne my gold pocket pencil, my diamond shirt studs and my shirt cuff fasteners as a mark of esteem and regard.
There is no partnership relations to settle between my nephew John- E .- Murphy and myself, his name was simply brought into the fire branch and he annually drew all the advantages to which he was entitled. I am sorry the business did not afford him more.
I desire that the balance of my Estate, everything having been wound up, be divided in equal shares share and share alike, between my nephews and nieces, children of my brothers and sisters, and for the carrying out of all the conditions of this my last Will and Testament.
I hereby appoint and name my nephew Mr John- E.- Murphy as sole Executor, with all powers to that effect without restriction as to limitations of time or otherwise.- He may take any fair amount of the Estate as remuneration for his services.
Quebec 5 July 1894
Witnesses :- David Smith
P.- E.- Wright
The liquidation of Estate will consist of :-
Collecting Life Policy $4000 00
Sale house Ursule St value say: $6000 00
“ furniture & effects
“ property Peter St.
“ Mortgage on Galagher Farm
Megantic $ 400.00
“ Property at Lachevrotier Station
Acquired from Z. Perruault $ 800.00
13- August 95
THIS is a Codicil to the Last Will and Testament Of me Owen Murphy, of the City of Quebec, in the Province of Quebec, Insurance Agent, which is written Entirely in my own handwriting and was signed and executed by me in the presence of witnesses at the said City of Quebec on the fifty <sic> day of the month of July One thousand eight hundred and ninety-four.
WHEREAS by my said WILL, I desire that the balance Of my Estate, every thing having been wound up, be divided in equal shares, share and share alike, between My nephews and nieces, children of my brothers and Sisters.- And for the carrying out of all the conditions Of my said Last Will and Testament, I thereby appointed And named my nephew Mr John- E.- Murphy as sole Executor with all powers to that effect, without restrictions as to limitation of time or otherwise and directing that he might take any fair amounts out of my Estate as remuneration for his services.-
And whereas I intended by my said WILL that the Balance or residue of my Estate should be converted By my said Executor unto Cash and the net Cash proceeds Realized should be by my said Executor divided equally Share and share alike between my nephews and nieces, Children of my brothers and sisters.
NOW therefore I hereby declare that the whole Of the property both moveable and immoveable comprising The balance a residue of my Estate shall be vested in my said Executor, and I authorize and empower my said Executor to collect, call in and receive such parts Of the said residue, balance or remainder of all my Said property as shall consist in money or securities
For money, and to sell, transfer, dispose of and convert into money all other parts of my property Moveable and immoveable, real and personal of every Nature and kind whatsoever either by Public Auction Or by private Contract or otherwise as to my said Executor in his own and absolute discretion my seem Best, and when the whole of the said rest and residue Of my said Estate shall have been converted into Money to pay and divide the same equally among my Nephews and nieces, children of my brothers and sisters, Share and share alike.
AND I authorize and empower my said Executor In his discretion from time to time to make and partial Division or divisions of the whole proceeds or any part Thereof of any property forming part of the said balance Rest or residue of my Estate which may have been sold Or converted into moneys, but my said Executor shall Not be obliged to make a final division of the said Rest, residue or balance of my said Estate until such Time as he in his discretion may think it desirable In the interest of my said nephews and nieces. And for the purposes aforesaid or any of them, I hereby confer upon my said Executor the most full and ample powers which can be conferred in such cases, and I will and direct that the powers of my said Executor shall not cease at the end of a year and a day, but shall continue and endure until all the provisions of may <sic> WILL shall have been fully carried out executed and accomplished and until the whole balance or residue of my Estate shall have been divided among my said nephews and nieces in equal shares to each as above provided,
AND it is my earnest wish that the said John-E.- Murphy, my said Executor shall consult with and Obtain the advice of E.- G. Meredith, of the said City of Quebec, Notary Public on all or any matters In connection with the administration of my Estate D. P. S. C. or the settlements or division of the same in which he, the said John- E.- Murphy may be in doubt.
AND in all other respects, I ratify and confirm My said WILL and declare that this shall be taken as part and parcel thereof.-
In testimony whereof, I, the said Owen MURPHY Have hereunto set my hand and affixed my seal at the City of Quebec this nineteenth day of the month of September, in the year of our Lord One thousand eight Hundred and ninety five.
SIGNED, sealed, and published and declared by the above
Named Owen Murphy as and for a Codicil to his Last Will
And Testament in the presence of us, both present at
The same time, who, at his request, in his presence
And in the presence of each other having hereunto subscribed our names as witnesses at the City of Quebec
This nineteenth day of the month of September A.- D.- 1895.-
E.- G. Meredith, of the City of Quebec—
J.- G.- Couture-of the City f Quebec
– – – – – – – – – – – – – – – – – – – –
HAVING seen & examined the paper writing
Purporting to be the Last Will & Testament of the
Late OWEN MURPHY, in his life-time <sic>, of Quebec,
Insurance Agent, dated at Quebec, the fifth day of
July, One thousand eight hundred and ninety-four
Beginning with the words “This is my Last-Will &
Testament” & and ending with the words “he may take
any fair amount out of the estate as remuneration for
his services “ “Quebec -5- July 1894 “ &
signed “OWEN MURPHY” with David Smith & P.E. Wright
signatures as witnesses.
HAVING also examined the Codicil to the said
WILL dated at Quebec the nineteenth day of September
One thousand eight hundred & ninety-five, beginning
With the words : “This is a Codicil to the Last Will
& Testament of me Owen Murphy “and ending with the
Words “In Testimony whereof, I, the said Owen Murphy
Have hereunto set my hand & affix my seal at the said
City of Quebec, this nineteenth day of the month
Of September in the year of our Lord One thousand
Eight hundred and ninety five “& signed Owen Murphy”
With E.- G. Meredith, of the City of Quebec, Notary
Public & J.- G. Couture, of the City of Quebec,
Notary Public, signatures as witnesses.-
HAVING ALSO SEEN & carefully examined the
Affidavits of David Smith, of the City of Quebec,
Insurance Agent & Edward Graves Meredith, of the
City of Quebec, Notary Public, WE hereby order &
Direct that the petition of John- E, Murphy, Esquire
Of the City of Quebec, Insurance Agent, be enregis-
Tered in the Office of the Superior Court at Quebec
Together with the WILL & Codicil according to
LAW; and it is considered and adjudged that
The said WILL & Codicil have been sufficiently
Verified & proved;
IN FAITH & testimony whereof WE the undersigned
Joint Prothonotary of the Superior Court for the
Province of Quebec, District of Quebec, hereby set and
Subscribed our joint signature of office & affix the
seal of our said Court, at Quebec, this tenth day
of October, One thousand eight hundred & ninety-five.
Fiset- Burroughs & Campbell-
(L.S.) P. S.C.
ENREGISTERED according to the order of the
Prothonotary of the Superior Court of the Province
of Quebec, District of Quebec, at Quebec, this eleventh
day of October eighteen hundred and ninety- five.-
Dep.- P. S.C.
THIS copy of the original remaining of record
In our ARCHIVES, ACCORDING TO law.-
Quebec- April- 23rd 1954
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Transcribed by Patrick Keily, January, 2013
Note by Patricia Balkcom: Owen died 3 weeks after writing the last codicil. He died on the 4th of October 1895 at the age of 67 years.