Provincial Archives of New Brunswick, Registry Office Records
(RS86)
Charlotte County, Books A & B, 1784 – 1802, microfilm
F5179
Book B, p. 89
(392) McNiven and Duncan McCallum to John Campbell & Peter McCallum
Know all men by these presents that we John McNiven ......... Strontoiller in the Parish of Kilmore and County of Argyle in that part of Great Britain called Scotland only brother German of the now deceased Alexander McNiven sometime Sergeant in His Majesty's late Seventy Fourth Regiment of Foot and afterwards residing at Saint Andrews in the Province of Nova Scotia in North America, Effy McNiven spouse to Duncan McCallum in ......... warll in the Parish of Muckairn and County of Argyle aforesaid and Catherine McNiven ......... Strontoiller Sisters German of the said Alexander McNiven deceased, and I the said Duncan McCallum ......... my interest. Whereas the said Alexander McNiven died without lawful issue whereby we as his Brothers and Sisters and nearest in Kinn [sic] became and are entitled to the real and personal estate whereof he died possessed, or which belonged to him at his decease, and whereas it is necessary that fit and proper persons be appointed for managing and conducting the business and affairs of the Estates real and personal aforesaid And we having entire trust and confidence in the Integrity and Qualifications of John Campbell and Peter McCallum late Sergeants in His Majesty's said Seventy Fourth Regiment of Foot and now residing in Saint Andrews in the Province of Nova Scotia aforesaid, therefore we have made and constituted as we by these presents make constitute and appoint the saids John Campbell and Peter McCallum and each or either of them our true and lawful Attorney or Attorneys for us and in our names to enter and take possession of all and every the lands and real estate, also of the Goods Chattels Debts Effects and other personal Estate whatsoever which belonged and pertained to the said Alexander McNiven our Brother at the time of his decease, in whose possession or Custody soever the same now is, are, shall or may hereafter be, and ......... that purpose for us and in our name, to bring, commence and prosecute all Suits Actions and other ......... oral proceedings either real or personal which shall or may be necessary in all or any of the Courts of Law or Equity in the said Province or in any other part or Province of North America, to apply for Letters of Administration on the Estate of the said Alexander McNiven deceased, and in case Administration should happen already to be granted to any other person or persons the saids John Campbell and Peter McCallum and each or either of them are and is hereby authorized to call and take such steps and ........ as may be necessary to bring such Administrator or Administrators to account and to settle such accounts and to discharge them as they or either of them acting in consequence hereof shall think proper necessary and expedient, and our Attorneys or either of them are hereby authorized and empowered if they shall see cause to take and use the legal and proper means for having such Administration revoked, and a new Administration granted to them the saids John Campbell and Peter McCallum or either of them, and we do likewise authorize and empower our said Attorneys or either of them acting in consequence hereof to lease or sell by Publick [sic] sale or private Bargain and for the highest price they or either of them can procure all or any part of the Estate real or personal of the said Alexander McNiven they or either of them acting in consequence hereof being always bound to account to us for the neat proceeds of the same ......... payment and satisfaction of all just and lawful debts claims or demands against the said Alexander McNiven deceast [sic] or his Estate and our said Attorneys or either of them are and is hereby further authorized and empowered to settle all or any dispute or disputes controversy or controversies which may happen to arise between them or either of them and any person or person whomsoever respecting the business of this ......... by compromise or otherwise as they or either of them shall judge proper and generally to act transact and ......... every Act matter and thing respecting the premises as fully and effectually to all intents and purposes as ......... do ourselves if personally present and whatever our said Attorneys or either of them who shall act in consequence hereof shall lawfully do or cause to be done in and concerning the premises we do hereby promise and agree to ratify and confirm. In Witness whereof we have hereunto set our hands and seals (written upon paper duly stamped) at Oban upon the twenty ninth day of January in the thirtieth year of the Reign of our Sovereign Lord King George the third and year of God Seventeen hundred and ninety.
Signed Sealed and delivered in presence of John
McNiven (L.S.)
Donald McIntyre
James Campbell
De
Speciali Mandato dict.
Colin
Campbell Donald
Sinclair Effy
McNiven Catherine McNiven et
Duncan McCallum scribere [???]
Neill Campbell N.P. Dun McDougall N.P.
Donald Sinclair resident in Clackhadow maketh Oath and Saith that he was present and did see John McNiven, Effy McNiven, Duncan McCallum and Catherine McNiven all within designed Granters of the within Letter of Attorney sign seal execute and as their own genuine Act and Deed deliver the same that Donald McIntyre James Campbell and Colin Campbell were present also as Witnesses thereto are of the proper handwriting of the said D. McIntyre Ja. Campbell Co. Campbell and this Deponent respectively - Donald Sinclair. Sworn before me this thirtieth day of January one thousand seven hundred and ninety years and of His Majesty's Reign the thirtieth year.
Alexr Campbell Chief Magistrate for the time.
To All to whose Knowledge these presents shall come, I Alexander Campbell Bailey and Chief Magistrate of the Burgh of Inverary Head Burgh of the County of Argyle certify and attest that this day personally came and appeared before me Donald Sinclair the Deponent mentioned in the above Affidavit who made Oath as disposed that the several Matters Facts and Things mentioned and contained in the said affidavit are Truth. In Faith and Testimony whereof ......... Chief Magistrate for the ......... being have hereunto set my hand and have can ......... affixed at Inverary this thirtieth day of January ......... and of His Majesty's reign the .......... tieth
Inverary
Caren's note: This is a transcription of a document that is itself a transcription, either of the original or of a copy of the original. Evidently the person who transcribed this record into the Charlotte County land register book had problems deciphering the document he was copying. The spaces filled with dots, above, correspond to blank spaces in the record I have, and apparently indicate that the copier was not able to read a word or words, or part of a word, and left a blank instead. There are a number of Latin words after "Duncan McCallum scribere" which I can't make out, and which I have replaced with [???].