Registered deed showing the division of Donald McDonald's land in Charlotte County, NB to his heirs in 1826
Provincial Archives of New Brunswick, Registry Office Records
(RS86)
Charlotte County, Book I, page 294
Between Peter McCallum and Mary his wife John Campbell & Margaret his wife John McMaster James Allanshaw Angus McMaster & Charlotte McMaster No. 225
This Indenture of three parts made this third day of November in the Year of our Lord one thousand eight hundred and twenty six between Peter McCallum of the Parish of Saint Patricks in the County of Charlotte Esquire and Mary one of the Sisters of Donald McDonald late of Saint Andrews in the said County Esquire deceased wife of the said Peter McCallum of the one part John Campbell of Saint Andrews aforesaid in the County aforesaid Esquire and Margaret another of the Sisters of the said Donald McDonald deceased wife of the said John Campbell of the second part, and John McMaster James Allanshaw in right of Jenet his wife deceased Angus McMaster and Charlotte McMaster heirs of Ann another of the sisters of the said Donald McDonald and wife of James McMaster late of the Parish aforesaid in the County aforesaid Esquire deceased of the third part Whereas the said Donald McDonald late Brother of the said Mary McCallum Margaret Campbell and Ann McMaster died seized in his demesne as of fee of and in all those messuages lands and tenements known and distinguished as Lots number thirty seven thirty eight thirty nine and forty on the East side of the Digdeguash River in the said Parish of Saint Patrick without leaving behind him any male heir of his body lawfully begotten or making any disposition of the said premises or any part thereof: Whereby and by which means all and singular the said messuages lands and tenements are descended and come unto the said Mary McCallum Margaret Campbell John McMaster James Allanshaw in right of Jenet his wife deceased Angus McMaster and Charlotte McMaster. Now this Indenture witnesseth that the said Peter McCallum and Mary his wife of the first part John Campbell and Margaret his wife of the second part John McMaster James Allanshaw Angus McMaster and Charlotte McMaster of the third part; have made partition and by these presents do make a full perfect and absolute partition of the said messuages lands and tenements to and amongst them the said Peter McCallum and Mary his wife of the one part John Campbell and Margaret his wife of the second part, John McMaster James Allanshaw Angus McMaster and Charlotte McMaster of the third part, in three parts, in manner and form following that is to say that they the said Peter McCallum and Mary his wife their heirs and assigns shall have hold and enjoy to their only proper use and behoof forever all the said lot number thirty seven and the northerly third part of the said lot number thirty eight for the full part share and proportion of the said Mary wife of the said Peter McCallum of in and to all and every the said messuages lands and tenements heraditaments and premises above mentioned so descended unto them the said Mary McCallum Margaret Campbell John McMaster James Allanshaw Angus McMaster and Charlotte McMaster as aforesaid. And that the said John Campbell and Margaret his wife their heirs and assigns shall have hold and enjoy to their only proper use and behoof forever the southernmost two third parts of the said lot number thirty eight and also the northernmost two third parts of the said lot number thirty nine for the full part share and proportion of the said Margaret wife of the said John Campbell of in and to all and every the said messuages lands and tenements hereditaments and premises above mentioned so descended unto them the said Mary McCallum Margaret Campbell John McMaster James Allanshaw Angus McMaster and Charlotte McMaster as aforesaid and that the said John McMaster James Allanshaw Angus McMaster and Charlotte McMaster their heirs and assigns shall have hold and enjoy to their only proper use and behoof forever the southernmost one third part of the said lot number thirty nine and also all the said lot number forty for the full part share and proportion of the said Ann wife of the said James McMaster deceased of in and to all and every the said messuages lands and tenements so descended to the said Mary McCallum Margaret Campbell John McMaster James Allanshaw Angus McMaster and Charlotte McMaster as aforesaid. And the said John Campbell and Margaret his wife John McMaster James Allanshaw Angus McMaster and Charlotte McMaster do and each and every of them doth grant assign release and conform unto the said Peter McCallum and Mary his wife their heirs and assigns the said messuages lands and tenements so agreed to be held by them the said Peter McCallum and Mary his wife as aforesaid as their full share or proportion of the premises above mentioned and descended as aforesaid to the said Mary McCallum Margaret Campbell John McMaster James Allanshaw Angus McMaster and Charlotte McMaster and all the estate right title interest claim challenge and demand whatsoever of the said John Campbell and Margaret his wife John McMaster James Allanshaw Angus McMaster and Charlotte McMaster of in or to the said messuage above mentioned and hereby released to the said Peter McCallum Mary his wife as aforesaid to have and to hold the said messuage lands and tenements with the appurtenances hereby released and confirmed or mentioned or intended so to be unto the said Peter McCallum and Mary his wife their heirs and assigns to their only proper use and behoof in severally forever. And the said Peter McCallum and Mary his wife John McMaster James Allanshaw Angus McMaster and Charlotte McMaster do and each and every of them doth grant assign release and confirm unto the said John Campbell and Margaret his wife their heirs and assigns the said messuage lands and tenements so agreed to be held by them the said John Campbell and Margaret his wife as aforesaid as their full share or proportion of the premises above mentioned and descended as aforesaid to the said Mary McCallum Margaret Campbell John McMaster James Allanshaw Angus McMaster and Charlotte McMaster and all the estate right title interest claim challenge and demand whatsoever of the said Peter McCallum and Mary his wife John McMaster James Allanshaw Angus McMaster and Charlotte McMaster of in or to the said messuage above mentioned and hereby released to the said John Campbell and Margaret his wife as aforesaid: to have and to hold the said messuage lands and tenements with the appurtenances hereby released and confirmed or mentioned or intended so to be unto the said John Campbell and Margaret his wife their heirs and assigns to their only proper use and behoof in severally forever. And the said Peter McCallum and Mary his wife and John Campbell and Margaret his wife do and each and every of them doth grant assign release and confirm unto the said John McMaster James Allanshaw Angus McMaster and Charlotte McMaster their heirs and assigns the messuages lands and tenements so agreed to be held by them the said John McMaster James Allanshaw Angus McMaster and Charlotte McMaster as aforesaid as their full share or proportion of the premises above mentioned and descended as aforesaid to the said Mary McCallum Margaret Campbell John McMaster James Allanshaw Angus McMaster and Charlotte McMaster and all the estate right title interest claim challenge and demand whatsoever of them the said Peter McCallum and Mary his wife John Campell and Margaret his wife of in or to the said messuage lands and tenements above mentioned and hereby released to the said John McMaster James Allanshaw Angus McMaster and Charlotte McMaster as aforesaid to have and to hold the said messuage lands and tenements with the appurtenances hereby released and confirmed or mentioned or intended so to be unto the said John McMaster James Allanshaw Angus McMaster and Charlotte McMaster their heirs and assigns to their only proper use and behoof in severally forever. And the said John Campbell and Margaret his wife John McMaster James Allanshaw Angus McMaster and Charlotte McMaster do severally and apart not jointly and for their several and respective heirs executives and administrators covenant grant and agree to and with the said Peter McCallum and Mary his wife their heirs and assigns that they the said Peter McCallum and Mary his wife shall and may from henceforth and forever hereafter peaceably and quietly have hold occupy possess and enjoy the said messuage lands and tenements so allotted and released to them the said Peter McCallum and Mary his wife for their part or share as aforesaid without the lawful let suit trouble hindrance molestation interruption eviction or disturbance of them the said John Campbell and Margaret his wife or of the said John McMaster James Allanshaw Angus McMaster and Charlotte McMaster or any or either of them their or any or either of their heirs or assigns or of any other person or persons lawfully claiming or to claim by or under them or any of them. And the said messuage lands and tenements so allotted and released to them the said Peter McCallum and Mary his wife for their part or share as aforesaid they the said John Campbell and Margaret his wife John McMaster James Allanshaw Angus McMaster and Charlotte McMaster and every of them their and every of their heirs and assigns to the said Peter McCallum and Mary his wife their Heirs Executors and administrators will forever warrant and defend. And the said Peter McCallum and Mary his wife John McMaster James Allanshaw Angus McMaster and Charlotte McMaster do severally and apart and not jointly and for their several and respective heirs executors and administrators covenant grant and agree to and with the said John Campbell and Margaret his wife their heirs and assigns that they the said John Campbell and Margaret his wife shall and may from henceforth and forever hereafter peaceably and quietly have hold occupy possess and enjoy the said messuage lands and tenements so allotted and released to them the said John Campbell and Margaret his wife for their part or share as aforesaid without the lawful let, suit, trouble hindrance molestation interruption eviction or disturbance of them the said Peter McCallum and Mary his wife or of the said John McMaster James Allanshaw Angus McMaster and Charlotte McMaster or any or either of them their or any or either of their heirs or assigns or of any other person or persons lawfully claiming or to claim by or under them or any of them and the said messuage lands and tenements so allotted and released to them the said John Campbell and Margaret his wife for their part or share as aforesaid they the said Peter McCallum and Mary his wife John McMaster James Allanshaw Angus McMaster and Charlotte McMaster and every of them their and every of their heirs and assigns to the said John Campbell and Margaret his wife their heirs executors and administrators will forever warrant and defend. And the said Peter McCallum and Mary his wife and John Campbell and Margaret his wife do severally apart and not jointly and for their several and respective heirs executors and adminstrators covenant grant and agree to and with the said John McMaster James Allanshaw Angus McMaster and Charlotte McMaster their heirs and assigns that they the said John McMaster James Allanshaw Angus McMaster and Charlotte McMaster shall and may from henceforth and forever hereafter peaceably and quietly have hold occupy possess and enjoy the said messuage lands and tenements so allotted and released to the said John McMaster James Allanshaw Angus McMaster and Charlotte McMaster for their part or share as aforesaid without the lawful let suit trouble hindrance molestation interruption eviction or disturbance of them the said Peter McCallum and Mary his wife or of the said John Campbell and Margaret his wife or any or either of them their or any or either of their heirs and assigns or of any other person or persons lawfully claiming or to claim by or under them or any of them. And the said messuage lands and tenements so allotted and released to them the said John McMaster James Allanshaw Angus McMaster and Charlotte McMaster for their part or share as aforesaid they the said Peter McCallum and Mary his wife John Campbell and Margaret his wife and every of them their and every of their heirs and assigns to the said John McMaster James Allanshaw Angus McMaster and Charlotte McMaster their heirs and assigns will forever warrant and defend. In witness whereof the said parties to these presents have interchangeably set their hands and seals the day and year first above written.
Signed sealed and delivered in presence of John H. Armstrong
Peter
McCallum
Mary
McCallum
John
Campbell
Margaret
Campbell
John
McMaster
James
Allanshaw
Angus
McMaster
Charlotte
McMaster
Charlotte - Be it remembered that on this twentieth day of December in the Year of our Lord one thousand eight hundred and twenty six personally appeared before me Harris Hatch Esquire Register of Wills and Deeds in and for the said county John H. Armstrong the subscribing witness to the annexed Deed or Instrument and made oath that he was present and did see the within named Peter McCallum Mary McCallum John Campbell Margaret Campbell John McMaster James Allanshaw Angus McMaster and Charlotte McMaster sign seal as their free act and deed in due form of law deliver the same deed or Instrument for the uses and purposes therein mentioned and that the names PeterMcCallum Mary McCallum John Campbell Margaret Campbell John McMaster James Allanshaw Angus McMaster and Charlotte McMaster set and subscribed to the same deed or instrument as the parties executing the same and the name John H. Armstrong set and subscribed as the subscribing witness to the sealing and delivery thereof are of the several and proper handwritings of the said Grantors and of this Deponent respectively.
Sworn at St Andrews in the County of Charlotte the day and year above written
John
H. Armstrong
H. Hatch Register
St Andrews
Charlotte County
Recd & Regd 20th Decr 1826