Last Will and Testament of Denis Galligan

Denis Galligan (sometimes spelled Gallaghan) was born about 1815 in Co. Cavan, Ireland, probably (but this is not yet documented) the son of Denis Galligan and Anne Kelly. He emigrated to Canada in the early 1840s (as did his suspected parents Denis Galligan and Anne Kelly), where he settled at Fitzroy township (Carleton Co., Ontario). He married (presumably in Canada, about 1855) another Cavan native, Margaret (“Peggy”) Cahill (1820-1893), with whom he had seven known children: Anne, Mary, Bridget, Elizabeth, Margaret, Denis, and Michael. Denis Galligan died 3 December 1888, and is buried at St. Michael’s RC Cemetery, Corkery.

This is the last Will and Testament of one Denis Gallaghan of the Township of Fitzroy in the County of Carleton Yeoman

1 I direct that all my just debts funeral and testamentary expenses be paid by my executors

2 I devise to my wife Margaret Gallaghan [‘for her life’ inserted here] my homestead property being Fifty acres of Lot number Three in the Third Concession of the Township of Fitzroy aforesaid 3 I bequeath to my daughter Ann Gallaghan Two hundred dollars to be paid one hundred dollars by each of my two sons Denis and Michael and to

Inset showing the 50 acres owned by Denis Galligan at Concession III, Lot 3, Fitzroy township, Carleton Co. From Belden’s Illustrated historical atlas of the county of Carleton (including city of Ottawa), Ont. (Toronto: H. Belden & Co., 1879). Digital Collections Program, McGill University.

be a charge on their respective shares hereinafter mentioned.  Half of said legacy to be paid in twelves months after my death the balance thereof in two years after my death

4 I bequeath to my daughter Elizabeth Gallaghan Eighty dollars half by each of my said two sons Denis and Michael to be paid in three years after my decease 

5 I bequeath to my daughter Margaret Gallaghan Eighty dollars payable in Three years after my death half by each of my two sons Denis and Michael

6 To my daughters Mary Mantil [Mary Galligan, wife of John Mantle, and then of Edward O’Keefe] and Bridget Clary [Bridget Galligan, wife of Thomas Cleary] I have already given all they are entitled to and cannot afford to will anything to them

7 After my wife’s death I devise my said homestead farm being fifty acres of Lot Three in the Third Concession of Fitzroy to my said two sons to be divided between said sons all the rest and residue of my personal property by three arbitrators to be appointed one by each of said sons Denis and Michael and a third by the two so appointed

8 I will that my daughter Ann shall have the right to live in the homestead until she gets married

9 I appoint as Executors William Greene and Matthew Hudson

Witness whereof I have hereunto set my hand this nineteenth day of November one thousand eight hundred and eighty eight

Denis X Gallaghan [his mark]

Devised by said Testator Denis Gallaghan as and per his last Will and Testament in presence of us together who in his presence and sight and at his request have subscribed our names, as attesting witnesses (Having been first read over and carefully explained to said testator who appeared perfectly understanding the same)

William Greene [his signature]

R J Dowdall [his signature]

William Greene’s sworn statement concerning the insertion of “for her life”

In the Surrogate Court of the County of Carleton

‘Tis the Goods of Denis Gallaghan deceased

I, William Greene of the Township of Fitzroy in the County of Carleton, Yeoman, make oath and say:

That I am one of the attesting witnesses to the last will and testament of the same Denis Gallaghan late of the Township of Fitzroy in the County of Carleton, deceased, the said will being now hereunto annexed and bearing date the nineteenth day of November 1888, and having particularly observed the words “for her life” intersticed between the tenth and eleventh lines of the first paper of the said will, make oath and say as follows

That the said recited interdiction was written and made in the said will previously to the Execution thereof

William Greene [his signature]

Sworn at the town of Almonte in the County of Lanark the 5th day of January A.D. 1889 before me

D.W. Fraser [his signature]

*Will of Denis Gallaghan, filed 5 January 1889, Carleton County Surrogate Court estate files, file #1599, microfilm GS1, reel 774, Archives of Ontario, Toronto.