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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