In the Name of God Amen
I, James Day of the Isle of Wight, County of Hampshire, now residing at Paspebiac, District of
Gaspe, Province of Lower Canada being of sound health and of perfect mind and memory- thanks be given
Unto God, calling with mind the mortality of my body and knowing that it is appointed for all men to die, make and ordain this my last will and testament, that is to say principally and first of all I give and recommend my soul into the hands of Almighty God, that gave it, and my body I recommend to the earth, to be buried in decent Christian burial at the discretion of my Executor, nothing doubting but at thee general resurrection, I shall receive the same again, by the Mighty Power of God - And as touching surch worldly estate wherewith it has pleased God to help me in this world I give, demise, dispose of the same in the following manner and form-
First- I give and bequeath to my beloved wife Angelique Day during her widowhood the middle part of Lot No. 13 in Cox Township, that is to say, the middle part of Lot 13 in the first range of said Township like the least half of apart of the east third part of said lot NO. 13, situate and the same being South of Public Highway -together with one half of the property in House, Brns, Stables or other buildings erected on the east thrid part of said Lot NO. 13, South of the public highway or road aforesaid and thereto belonging and two thirds of all the cattle/one third to herself and the other third to her minor son William/therein - giving - giving unto my said wife ta right to dispose of such property or properties to her Daughter Angelique, wife of Francis Luce of the Island of Jersey and Sophia Day - or to either kof them - and in case of a breach of her widdowhood the same to reert and belong to her said Daughters Angelique and Sophia and I give and bequeath for the yearly support of my beloved wife during her widowhood , the interest of one fifth of whatever Stock in Money I have in the Bank of England --
Second I give and bequeath to my son James and his male heir power in entail without right in himself or his heirs power to sell, idspose,barter or mortage the same- all my right and title to Lot NO. 30 and West half of Lot No. 31 in Cox Township otherwise all my right and title to the property my son James is now in actual possession of situate on a Mill Stream formerly called Robinson Creek , now know as Ruiseau Dugay together with the Grist or Flour Mill - house or other building or buildings and appartenances therin erected and thereto belonging.
Third - I give and bequeath to my son John the middle part/third part/ of Lot No. 67 in the second range and No. 68 in the third range of Lots in Cox Township, likewise the west half of a part of the East part of the same situated South of the Public Highway or Road together with one half of the property in House, Barns, Stables, or other buildings erected on that part of the East third or Lot No. 13 situated South of the Public Highway or Road as aforesaid, and one third of all the cattle on the premises.
Fourth - I give and bequeath to my son William that portion of the East third part of Lot No. 13 aforesaid in Cox Township situate in the North Side of the Public Highway or Road and the lands in the rear of same, to the rear of the third range, of lots together with the new house, Barns, Stables ,or other buildings thereon erected. Also I give and bequeath to my son William all my books or library.
Fifth - I give and bequeath to my daughter Angelique , wife of Francis Luce of the Island of Jersey, aforesaid and Sophia Day aforementioned , the West third part of Lot No. 13 in the first range No. 67 in the second range,, and NO. 68 in the third range the last two lots prolongation of the first, in Cox Township- also all my right and title to a claim of a piece of land of three hundred acres situate on the East side of Point Macharel beginning at a brook at the East end of a cove commonly called Anse Aux Islets.
Such bequeath of land and portions of lots of land and other property as I hereby give and bequeath to my beloved Wife and children I do recommend to my executors to the full intent of the fulfillment of these presents, and further I give and bequeath to my sons John and William and my said daughters Angelique and Sophia - four fifths of whatever stock I have in the Bank of England and at the death of their Mother,
the other fifth of the said stock to be equally divided amongst them and should any of these my children die without heirs before their respective portions are transferred to them/ which is to take place on their completing their thirtieth year of age that portion to be equally divided between the survivors on their heirs, as well the portion to Angelique in her demise as in the event of a breach of her husband's death of her widowhood --
And further I give and bequeath to my beloved wife the use of all my household furniture/ library excepted/ and the remaining part of my movables not heretofore bequeathed during her lifetime and at her demise the same to be equally divided between my sons John and William --
Hereby constituting and appointing, making and ordaining James Robin residing in the Island of Jersey/esquire/ Reverend L. Derlitele Miprinan and John Hardeley now residing at Paspebiac said John Hardeley being of the Island of Jersey Executor of this my last will and testament, will, legacies and bequeaths. Ratifying and confirming this and no other to be my last will and testament --
In witness whereof
This sixth day of March, the year of our Lord,
One thousand eight hundred and thirty three.
Signed, sealed , published and declared
By said James Day, as his last will and testament
In the presence of us, who in his presence, and in the
Presence of each other heronto subscribed our names
Signed George Balleine/&/Philip LeGallais
Under the Seal of the Provincial Court for the District of Gaspe I do hereby certify that the above
Written on this the three foregoing pages is a true copy of the original last will and Testement
Of James Day, filed and remaining record in this office.
New Carlisle 4th April 1833
(signed) A. Bebee PTC
Deposited on the 10th November 1894
Enregistered at full length in the first registration division of the County of Bonaventure in register 13, vol.13, page one hundred and eighty nine (189) at the hour of three in the afternoon on the twenty-fifth day of December, One Thousand Eight Hundred and Ninety Four, under the NO. 178