Land Division Agreement by Heirs of MacPhee, Archibald (Sr.), Lot 44
This Indenture made this Second day of September in the year of our Lord, One thousand Eight hundred and fifty seven Between Angus MacPhee, Farmer, Nancy MacDonald Widow formerly Nancy MacPhee, Archibald MacPhee Farmer, and Catherine his wife, Joseph MacPhee and Nelly his wife, Mary MacPhee Spinster, and Ronald MacPhee, Farmer, and Elizabeth his wife, all of Township Number Fourty four, in Kings county in Prince Edward Island whereas Archibald MacPhee the Elder late of Township Number Forty four aforesaid Farmer, departed this life in or about the year One thousand eight hndred and fifty seven Intestate and the said Archibald MacPhee , at the time of his decease was possessed of a freehold estate of one hundred acres of land, situate on Township Forty four aforesaid fronting on the North Shore and situate between the land of one Dougald McPhee, on the West and one Joseph Gillis, on the East. And whereas the said Archibald MacPhee, the Elder, left the following children him surviving that is to say the said Angus MacPhee, Nancy MacPhee now Nancy MacDonald, widow, Archibald MacPhee, the Younger, Joseph MacPhee, Mary MacPhee, Spinster and Ronald McPhee. And whereas the said Parties have divided the said One hundred acres of land into seven equal portions or divisions, from Number One, on the West to Number Seven on the East, according to a sketch of said division hereunto annexed each division containing Fourteen acres and two sevenths of an acre and running from the front to the rear of said land, and said Parties are desirous that the said divisions to made as aforesaid shall be confirmed by an Instrument in writing. And whereas the said Angus MacPhee being the Eldest Son, of the Said Intestate and thereby entitled to Two Shares of the said land it has been agreed on and settled between all the said Parties, that the said Angus MacPhee shall have and hold division Number One, and division Number Two, that the said Archibald MacPhee shall have and hold division Number Three, that the Said Joseph MacPhee shall have and hold division Number Four, that the Said Nancy MacDonald Widow formerly Nancy McPhee shall hold division Number Five as the Guardian of her children that the said Mary MacPhee shall have and hold division Number Six, and that the said Ronald MacPhee shall have and hold divisions Number Seven as their respective portions of the said real estate of their late Father, And the Said Parties do hereby for each of themselves and each of their Heirs, Executors, Administrators and assigns respectively covenant promise and agree with each other that each party their Heirs executors, Administrators and assigns may at all times hereafter peaceably and quietly enter into possession and have hold and enjoy their respective portions, or division of the Said land as Tenants in Common and not as joint Tenants without any hindrance suit or trouble of any other of the said Parties hereto and they do hereby further covenant promise and agree with each other, that in case it may at any time hereafter be necessary, they will make do or execute any further act, deed of division, or conveyance to each other of their respective portions of the said land, that may be considered proper or necessary. And each party doth hereby remise, release, and quit claim, to all the other portions or divisions of the said land except the portion or division belonging to the said Party as laid down and delineated on the sketch hereunto annexed. And the said Parties hereto do hereby authorize, consitute and appoint Henry Palmer of Charlotte Town in the said Island Esquire, their and each of their Agents, and Attorney, for them and each of them to appear before the [surrogate?] and Judge of Probate of the said Island and acknowledge this Deed as a Division of the real Estate of the said Intestate, and they do hereby for themselves and for their and each of their respective Heirs, Executors, Administrators and assigns hereby ratify allow and confirm the same.
In Witness whereof the said parties have hereunto respectively set their hands and affixed their seals this day and year first above written.
/s/Nancy McDonald [her mark]
/s/Catherine McPhee [her mark]
/s/Nelly McPhee [her mark]
/s/Mary McPhee [her mark]
/s/Angus McPhee [his mark]
/s/Angus McPhee [his mark]
Signed, Sealed and delivered by all except Ronald
McPhee in the presence of
Signed sealed and delivered
by Ronald McPhee in presence
This Deed of Division was duly acknowledged before me on the 24th October 1857 __ Henry Palmer Esquire, the Attorney of the Parties herein. [signature not legible]