Volume 93, p394
Dated 14 December 1869
John McLean & others
Assignment of Interest in Land &c in Lot 65.
Registered 1 July 1870 at Twelve o'clock noon On the oath of F. L. Haszard and annexed Certificate John A Dingwell Registrar
To all to whom these Presents shall come. I, John McLean formerly of Township number sixty-five in Prince Edward Island but at present resident at Coal Harbour Halifax County in the Province of Nova Scotia Teacher; Hugh McLean of the aforesaid Township and Island Farmer; Isabella McLean of the same place Spinster; William Taylor Scott of Cornwall Township number Thirty -two in the said Island Blacksmith; and Ann Scott (formerly Ann McLean) his wife; and Paul McPhee of Canoe Cove Township number sixty-five aforesaid farmer; and Christina McPhee formerly Christina McLean his wife send Greeting. Whereas Hector McLean late of Township number sixty-five in the Island aforesaid Farmer departed this life on or about the eighth day of November one thousand eight hundred and sixty-seven Intestate leaving six children namely Hector McLean (at present of the said Township and Island farmer his eldest son and the above named John McLean, Hugh McLean, and Isabella McLean, Ann Scott, and Christina McPhee, and four minor or infant children the issue of a deceased daughter Catherine McEachern late wife of Charles McEachern of Township number Twenty-four farmer (namely Julia, Euphemia, Mary and Neil McEachern) him surviving. And whereas the said Hector McLean the elder at the time of his death was possessed of and duly entitled to a lease hold farm comprising Eighty-three acres of land a little more or less situate on the aforesaid Township Number sixty-five (65) hereinafter more particularly described, with the buildings and appurtenances to the same belonging and on which he then resided held by him under indenture of Lease from the late Phebe Wright dated the second day of January one thousand eight hundred and fifty for the term of Nine hundred and ninety nine years subject to the yearly rent of one shilling Sterling per acre and was also possessed of some farming stock and other personal effects as hereinafter more particularly specified and stood indebted to various persons in small sums of money amount-
ing in the whole to about one hundred and fifty pounds of current money of Prince Edward Island. And whereas the said Hector McLean the oldest son of the said Intestate who has always remained with his said father on the said farm assisting mainly in the support of the family has further agreed to provide for his said unmarried sister the above named Isabella McLean on the said farm and to pay to his brother hie above named Hugh McLean who has also heretofore assisted in working the said farm a sum of money as an equivalent for his services and interest in said estate at the time and in manner hereinafter provided besides taking upon himself the payment of all the debts due by the said Intestate his father including his funeral expenses upon the understanding and agreement that the said John McLean, Hugh McLean, Isabella McLean and the other above named heirs and Representatives of the said Intestate who are now of age do assign and convey all their several rights claim and interest in and to the said farm Estate and Premises to him the said Hector McLean upon the terms and conditions hereinafter declared and set forth. Now know ye that in Pursuance of the said agreement and for and in consideration of the covenants and agreements hereinafter contained and on the part of the said Hector McLean his executors and administrators to be performed and fulfilled and also in consideration of the sum of Two shillings of lawful money of the said Island by the said Hector McLean to each of them the aboved named John McLean, Hugh McLean, Isabella McLean, William Taylor Scott and Ann his wife, and Paul McPhee and Catherine (sic?) his wife, in hand paid at and before the sealing and delivery of these presents the receipt whereof is hereby acknowledged that the said John McLean, Hugh McLean, Isabella McLean, William Taylor Scott and Ann his wife, and Paul McPhee and Christina McPhee his wife, have and each of them doth granted bargained sold assigned transferred and set over and by these presents do and each of them doth grant bargain sell assign transfer and set over unto the said Hector McLean his executors administrators and assigns all and singular the several Estates Rights Interests Shares claim and demand whatsoever both at Law and in equity of them the said John McLean, Hugh McLean, Isabella McLean, William Taylor Scott and Ann his wife, and Paul McPhee and Christina his wife, and of each and every of them or which they or any or either of them now have or can or may claim as heirs next of Kin or legal representatives of the above named Hector McLean the elder now deceased or otherwise howsoever of in to out of or upon All that tract piece or parcel of land situate lying and being on Lot or township Number sixty-five in the parish of Hillsborough in the County of Queen's County and bounded as follows that is to say commencing on the shore of Long Creek at the eastern boundary of one hundred acres of the occupation of John McNeill thence running south Twenty-six degrees fifteen minutes East thereon for the distance of eighty-two chains or until it strikes the boundary of Captain Cumberland's land thence running Eastwardly thereon Ten chains and thirty links or until it strikes the southwest angle of land leased to Alexander McNeill thence following the western boundary thereof and the western Boundary of the several farms
occupied by Dougald McNeill, Charles McNeill, William Wilson, John C. Wright, and Thomas Wright into Long Creek aforesaid and thence following the shore of the said Creek to the place of beginning making and including Eighty-three acres a little more or less Together with the dwelling house and other buildings situate and being thereon and all fences woods ways improvements easements rights members and appurtenances whatsoever to the said farm land and premises belonging or appertaining of which the said Hector McLean the elder died possessed and to which he was entitled under and by virtue of the said hereinbefore in part recited Indenture of Lease from the said Phebe Wright to him as aforesaid. And also all and singular the Farming Stock Horses Cattle implements of Husbandry Goods Chattels and personal effects on the said farm and premises of which the said Hector McLean died possessed and which are set forth in the schedule or Inventory hereto annexed To have and To hold the said land and premises with the appurtenances thereto belonging unto and to the use of the said Hector McLean the younger his executors administrators and assigns for all the residue and remainder of the said term of years in and by the said lease granted now to come and unexpired. And the said farming stock goods and chattels unto and to the use of the said Hector McLean the younger his executors administrators and assigns absolutely subject nevertheless to the payment of the rents and performance of the covenants and agreements in the said in part recited indenture of Lease from the said Phebe Wright reserved and contained and on the tenant or Lessees part to be paid performed fulfilled and kept and also subject to the payment by the said Hector McLean the younger his executors and administrators of all debts and liabilities of the said Hector McLean the elder of what nature or kind whatsoever subsisting or due and owing by him at the time of his decease and also subject to the covenants provisoes and agreements hereinafter contained and on the part of the said Hector McLean the younger his heirs executors and administrators to be performed fulfilled and kept that is to say: And the said hector McLean the younger for himself his heirs executors and administrators doth hereby covenant promise and agree to and with the said Hugh McLean and Isabella McLean severally and with their several and respective executors and administrators that he the said Hector McLean the younger his executors and administrators shall and will on or before the first day of May in the year of our Lord one thousand eight hundred and seventy-three pay or cause to be paid to the said Hugh McLean the sum of Two hundred pounds of lawful current money of the said Island provided that the said Hugh McLean shall and do continue in the meantime to assist in the labour and working of the said farm in all respects as he has heretofore since the decease of his said father been in the habit of doing the said Hugh McLean until payment to him of the said sum of money being clothed from the produce of the said farm and boarded and lodged thereon in the same style and manner as heretofore and free of any cost or charge to himself. And also shall and will maintain and support the said Isabella McLean on the said farm providing her with proper suitable and becoming food and ruiments thereon at all times during the term of her natural life with the exclusive right to
Room in the dwelling house namely the back room in the west end of the house for her exclusive use the said Isabella McLean continuing to render assistance in household matters and things on the said farm as she has been heretofore in the habit of doing. And the said John McLean, Hugh McLean, Isabella McLean, William Taylor Scott and Paul McPhee for themselves severally for and in respect of their own several acts and deeds but not jointly and for their several and respective heirs executors and administrators and the said William Taylor Scott and Paul McPhee also for their respective wives Do hereby covenant and agree to and with the said Hector McLean his executors and administrators that they the said John McLean, Hugh McLean, Isabella McLean, William Taylor Scott and his said wife and Paul McPhee and his said wife, have not nor hath any or either of them made done or executed any act deed matter or thing whatsoever whereby or by reason or means whereof the said several and respective shares estates rights and interests of the said John McLean, Hugh McLean, Isabella McLean, William Taylor Scott and his said wife, and Paul McPhee and his said wife, or any or either of them in or to the said lands premises goods chattels property and effects or any of them or any part thereof can shall or may be in any manner or wise changed impeached encumbered or affected in title change estate or otherwise. In witness whereof the said parties have hereunto set their hands and seals this fourteenth day of September in the year of our Lord one thousand eight hundred and sixty-nine.
Signed Sealed and delivered in the presence of us by the said Hugh McLean, Isabella McLean, William Taylor Scott, Ann Scott, Paul McPhee, and Christina McPhee and Hector McLean having been first fully and truly read over to the said parties
- J. Longworth
- F. L. Haszard
Hugh McLean L.S.
Isabella McLean L.S.
William F Scott L.S.
Ann Scott L.S.
Paul McPhee L.S.
Christina McPhee X her mark L.S.
John McLean L.S.
Hector McLean Junr L.S.
Signed Sealed and delivered in the presence of us by the said John McLean
- Jno Ervin Junr.
- Jno W Oaseley
Schedule of the farming stock horses cattle Implements of Husbandry Goods chattels and personal effects referred to in the within and foregoing deed or assignment namely Two horses one mare six head horned cattle Twenty four sheep five pigs Two carts Two sets harrows one plough Two wood sleighs Two horse collars Two cart saddles Two sets Breechen four pairs harness two pairs traces Two ploughing Backbands set swingle trees Two hand rakes one saddle (?) one drag rake Three pitch forks one mud fork one dung fork Four potatoe forks one half interest in mud digger Two shovels Two axes Two scythes and ?neaths one loom and three reeds with warping bars Two stoves one cupboard Five chairs Two tables Three bedsteads Two grain boxes Two augurs one carpenters plane one spoke shave one draw
knife one adze Two hammers. Witness to the signatures of Hugh McLean, Isabella McLean, William Taylor Scott, Ann Scott, Paul McPhee, Christiana McPhee and Hector McLean
J. Longworth, F. L. Haszard
Witness to the signature of John McLean
Jno Ervin Junr
Jno W. Auseley
Hugh McLean .
William F Scott
Christina McPhee X her mark
Province of Nova Scotia County of Halifax to wit
Jno Ervin Junr of the City of Halifax in the County of Halifax in the said Province of Nova Scotia Student at Law maketh oath and saith that he this deponent was present and did see John McLean of Coal Harbour in the county and province aforesaid School Teacher one of the parties named in the within and foregoing deed Poll or Assignment duly sign execute and as his act and deed deliver the said deed Poll or assignment that the name or signature "John McLean" set opposite to one of the seals thereto affixed and also the same name or signature set to the schedule thereto attached are of the true proper handwriting of the said John McLean and that the names or signatures John Ervin Junr and John W. Ouseley set at the witness to the due execution of the said Deed Poll and Schedule on the part of the said John McLean are of the true, proper handwriting of this deponent and of John W. Auseley of the City of Halifax in the province aforesaid who was present with this deponent and saw the same duly executed by the said John McLean.
Sworn to by said John Ervin Junr in the county and province aforesaid this twenty-fifth day of September 1869 before me. L. W. Caldwell
Jno Ervin Junr
Province of Nova Scotia to wit
I Joseph H. Weeks Notary Public by lawful authority duly admitted and sworn residing and practising at Halifax in the county of Halifax in the province aforesaid do hereby certify that the signature R. S. Caldwell set and subscribed to the ? of the above and foregoing affidavit is of the true proper handwriting of S. R. Caldwell Esquire on of her majesty's Justices of the Peace for the county of Halifax in the said province of Nova Scotia by whom oath was this day in my presence duly administered to John Ervin Junr. the deponent named in the said affidavit and who as well as the said deponent subscribed the same in my presence and that full faith and credit are due thereto and to all other the acts and attestations of the said Justice in his said capacity.
In witness whereof I the said notary have hereunto my hand and Notarial Seal of office subscribed and affixed at Halifax aforesaid this Twenty-fifth day of September 1869<.P>
Jos. H. Weeks Not. Pub.
Last Updated on 1/1/2002
By Carol I Robocker-Andersen