Last Will and Testament of Cuthbert Grant - 1818

Obtained from the National Archives of Quebec, Montreal

P1 1. 2170 17 March 1818

2. Last Will & Testament

3. of

4. Mr. Cuthbert Grant

P2 1. Before the Undersigned Public

2. Notaries duly Commissioned & Sworn

3. in & for the province of Lower Canada

4. residing in the City of Montreal

5. Personally Appeared Mr. Cuthbert

6. Grant late of the Indian Country

7. at present of the City of Montreal

8. aforesaid Gentleman ~~~~~~~~~

9. who being in perfect sound health

10. memory & understanding as appears

11. to us the said Notaries by his Word

12. and Actions But considering the

13. Certainty of death and the Uncertainty

14. of the time thereof and Being desirous

15. to dispose of all his property by

16. Will did Make publish & declare

17. Unto us the said Notaries this his

18. Last Will & Testament in Manner

19. following. That is to say. ~

20. First the said Testator doth Will

21. & require that all his just & lawful

22. debts his funeral & testamentary

23. expenses be first fully paid and

24. discharged.

25. The said Testator doth give and

26. bequeath Unto his Natural son James

27. Grant now in the Indian Country

28. by a Native woman named Elizabeth

29. McKay the sum of three thousand

30. Pounds Currency of the province

31. & for his Use & Benefit ~

P3 1. The said Testator doth give & Bequeath

2. Unto the said Elizabeth McKay living

3. with him while in the Indian Country

4. as his Wife the sum of Five hundred

# a property & 5. pounds said Currency to & for her

effects 6. own Use & Benefit at her own

[initialed] CG 7. Disposal.~~~~~~~~~~~~~~~~~

[initialed] H. G NP 8. And with regard to the rest residence

9. and remainder of all & singular

10. his the said Testator’s Estate # both

11. personal & real whereof or Wherein

12. he now is or shall or May be in

13. any wise possessed or interested at

14. the time of his decease he the

15. said Testator doth hereby Will

16. bequeath and devise the same

17. to be paid and divided to and

18. between his Nephews living &

19. being in the Indian Territory or

20. Indian Country aforesaid. To Mr.

21. John Wills Junior son of

Residing in the 22. John Wills a carpenter in the

Indian Country 23. North West Company, and Francois

Aforesaid 24. Morin Junior son of Francois

[initialed] CG 25. Morin Senior # also a partner in

[initialed] H.G NP 26. the North West Company, the

27. said Testator hereby constituting

28. them his said Nephews John

29. Wills Junior and Francois Morin

30. Junior his resid----- -----

31. & legators ~

32. And for the Executors of the

33. personal Testament the said

34. testator

P4 1. Testator hath and doth hereby

2. Constitute & appoint The

3. Honorable William McGillivray

4. of the said city of Montreal

5. Merchant and Mr. John

6. Stewart of the Indian Country

7. Aforesaid Merchant. ~~~~~~

8. executors thereof with power

9. & authority Unto them? To

10. hold and exercise their trust

11. jointly or personally in that

12. Capacity over & beyond the

13. year and day limited by Law

14. and in as full and ample a

15. Manner as executors or an

16. executor Can or May hold

17. & Exercise the family by the

18. Laws of England any Law

19. as or yet in Custom of this

20 province in this century

21. Notwithstanding. Hereby

22. revoking and making void all former

23. or other Will & wills or Codicils by him

24. at any time heretofore made or

25. Executed Willing & Desirous that these

26. presents shall take place and be

27. executed as being his Intention and

28. last Will & Testament furthers

29. it hath been made dictate and

30. Named unto us the said Notories

31. and by one of us read & read over

32. the other being present which

33 said

P5 1. Said Testator hath persisted thence

2. at Montreal aforesaid in the Common

3. Gaol of the District of Montreal in

4. the apartments of Gwyn Owen Radford

5. the Gouler [Gaoler] the Seventeenth day of

6. March in the year of our Lord

7. one thousand Eight hundred and

8. Eighteen in the fore noon and signed

9. by the said Testator in the presence

10. of this the said Notaries who have

11. presents also Subscribed our Names

12. in his presence & in the presence

13. of each other this presents being

14. twice read to him according to

15. Law.// ~ Eight Words first obliterated

16. declared null & New Words written

17. in the Margin of the second page

18. Making part of this act.

19. [signed] Cuthbert Grant

20. [signed] Thos Parron [signed] H. Griffin

21. N.P. + initials Not. Pub.

Notes:

· Request For Will: March 2014, National Archives of Quebec, Judicial Archives of Quebec

Source information: #4356 November 13, 1822

· Grammar and punctuation are as in the original document.

· Content is line for line as in the original document.

· Blue text indicates original text was illegible.

· Page 5, lines 3 & 5: Gaol, Gaoler: Jail, Jailer

· Gwyn Owen Radford, Gaoler during Cuthbert Grant’s internment.

Last Will and Testament of Cuthbert Grant - 1822

Obtained from the Judicial Archives of Montreal, Quebec

P1 1. On the thirteenth day of November

2. in the year of our Lord one thousand

3. eight hundred & twenty two Before

4. the undersigned Public Notaries duly

5. Commissioned and Sworn in & for The

6. province of Lower Canada residing in

7. the City of Montreal in the said province

8. Personally appeared Mr. Cuthbert

9. Grant late of Indian Country now

10. in the said City of Montreal, Who

11. being in perfect health, sound mind

12. Memory and understanding as

13. appears to us the said Notaries by

14. his words and actions, and who

15. considering the uncertainty of this

16. Transitory life is desirous of disposing

17. of all his property by Will and

18. therefore did make publish and

19. declare unto us the said Notaries

20. his last Will & Testament in

21. Manner and form following

22. That is to say

23. First – The said Testator doth Will

24. & require that all his just & lawful

25. debts his funeral & testamentary

Honorable 26. expenses be first fully paid and

Of the Hudson’s 27. discharged

Bay Company 28. The said testator doth bequeath

[initialed] CG 29. unto his cousin Peter Stuart of

30. whom he supposes to be residing in that part

[initialled] HG N.P. 31. of the United Kingdom of Great Britain

32. & Ireland called Scotland, brother of

33. John Stuart one of the partners in the #

34. the

P2 1. The sum of five hundred pounds

2. Current money of the said province

3. of Lower Canada. ~

4, The said Testator doth give and bequeath

5. to his brother-in-law John Richard

6. McKay now of Red River Clerk in the

7. Honorable the Hudson’s Bay Company’s

8. service, a like sum of Five Hundred

9. pounds Current money aforesaid

10. and with regard to all the rest

11. Resid___ ___ ___ of his

12. the said testator’s Estates property

13. & effects as well personal as real

14. whereof or wherein he now is

15. or shall or May be in any wise

16. possessed or Interested at the

17. time of his decease In the said

18. testator doth hereby Will bequeath

19. and devise the same Unto his

20. natural daughter, Maria now

21. in the Indian Country, a minor,

22. to & for her own use & benefit and

23. at her own disposal hereby

24. appointing his said daughter

25. Maria his sole residency

26. devises &legates ~

27. and for the Execution of the

28. present Last Will & Testament

29. the said testator hath & doth

30. hereby name and appoint Henry

31. McKenzie is of the said City of

32. Montreal Esquire and the above

33. named

P3 1. Named Peter Stuart Executors thereof

2. with full power unto them to hold

3. and exercise their & his trust in that

4. Capacity either jointly or separately

5. over and beyond the year & day

6. limited by Law and in as Full &

7. ample manner as Executors

8. or an Executor can or May hold

9. and Exercise the same by the

10. Laws of England any Law Usage

11. or custom to the Contrary thereof

12. notwithstanding – hereby

13. revoking & making void all

14. former or other Will Wills

15. or Codicils by him at any time

16. heretofore ___ ___ executed

17. willing & desirous that these

18. presents shall take place

19. and be executed as being his

20. intention and Last Will

21. Testament; for thus it hath

22. been made dictated ___ed

23. unto us the said Notaries and

24. by one of us read & read over the

25. others being present which said

26. testator hath persisted ___ ___ at

27. Montreal aforesaid in the office

28. of Henry Griffin one of the said

29. Notaries on the day month &

30. year first before Written in

31. the afternoon, and signed by the said

32. said testator in presence of us

33. the said notaries who know

34. presents

P4 1. presents also subscribed our names

2. in his presence and in the presence

3. of each other, these presents being

4. first, twice read to him according

5. to law.// one Word first obliterated

6 declared null & five words written

7. in the in the Margin of the first page

8. making part this act approved.

9. [signed] Cuthbert Grant

10. [signed] H. Griffin

11. NP

12. [signed] P.E. Davelay

13 N.P.

Notes:

· Request For Will: March 2014, National Archives of Quebec, Judicial Archives of Quebec

· Source information: #4356 November 13, 1822

· Grammar and punctuation are as in the original document.

· Content is line for line as in the original document.

· Blue text indicates original text was illegible.

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