Note: Transfer of Land, Malcolm McCaulder to John Clark Binns Dec 05 1853, then from John Clark Binns to Theophilus Curtis Apr 8, 1854
Volume 72, p113
To all whom these presents shall come - Malcolm McCalder of township Number (29) Twenty nine in Prince Edward Island Farmer - sendeth Greeting - Whereas Gilbert MacCalder the within named Lessee father of the said Malcolm MacCalder departed this life in or about the Month of October in the year One Thousand Eight hundred and Forty One in possession of the Farm lands and premises within demised having first duly made his last will and testament in writing hearing date the Sixth day of May One thousand Eight hundred and Forty One - and whereas the said Gilbert MacCalder by his said last will and Testament gave and bequeathed to his said son Malcolm MacCalder all and Singular his said farm and premises within demised and all appurtenances thereto belonging or in any wise appertaining Subject to a provise therein Contained that the said Malcolm McCalder should provide his mother Catherine MacCalder with sufficient meat and drink during life time and which provise or condition the said Malcolm MacCalder duly performed and his said Mother departed this life on or about the month of April One Thousand Eight hundred and forty four and the said Malcolm MacCalder ever since the death of his said father hath been and now is duly possessed of and entitled to the said within demised farm and premises under and by virtue of the said will - Now Know ye that for and in Consideration of the Sum of Fifty Pounds of lawful ? Money of the said Island to him in hand well and truly paid by John Clark Binns of Charlottetown in the said Island Esquire the Receipt where of is hereby acknowledged he the said Malcolm MacCalder hath granted bargained sold assigned transferred and set over, and by these Presents executed with the consent and approval of the Right Honorable Henry Lord Viscount Melville Son of the within named Lessors Robert Lord Viscount Melville and Ann Viscountess Melville who is now seized(?) of the Freehold and reversion of the said demised premises and entitled to the rents thereof and which Consent is testified by the said Henry Lord Viscount Melville Signing these presents doth grant bargain sell assign transfer and set over unto the said
John Clark Binns his Executors administrator and assign all and singular the within demised tract of land farm and premises and as the same is thereby described containing ninety three acres or Little More or less - together with all the houses Buildings woods ways waters watercourses Easements Rights and appurtenances whatsoever to the same belonging or in any wise appertaining and all the Estate right ? Interest term of years to come and unexpired property claim and demand whatsoever of him the said Malcolm MacCalder of in and to the same premises and every part thereof To have and to hold the said within demised premises with the appurtenances unto the said John Clark Binns his Executors Administrators and Assigns from thenceforth for and during all the rest residue and remainder of the within Granter term of nine hundred and ninety nine years now to come and unexpired(?) - Subject nevertheless to the payment of the Rent within res? to grow due from and after the First day of November now last past and to the performance of all and every the Covenants and agreements within Contained on the tenant or Lessees part to be performed and kept from and after the said last mentioned date - and the said Malcolm MacCalder doth hereby for himself his heirs Executors Administrators and assigns Covenant promise and agree to and with the said John Clark Binns his heirs Executors Administrators and Assigns in Manner following that is to Say that the Said within Indenture of Lease is now good valid and subsisting Lease in the Law whereby to hold the said land and premises mentioned to be thereby demised for all the term thereby granted and is not fulfilled suspended or become void or voidable and that he the said Malcolm McCalder now hath in himself good right full power and lawful and absolute authority to grant assign and ? the said demised premises unto the said John Clark Binns his Executors Administrators and Assigns for all the rest residue of the said term now to come and unexpired in manner foresaid according to the true intent and meaning of these
presents. In witness whereof the said Henry Lord Viscount Melville by Henry D Morpeth Esquire his Attorney lawfully authorized hath hereto for the purpose of signifying his consent to the present assignment of the said demised premises hath hereto set his hand and seal this fifth day of December 1853.
Signed Malcolm McCalder L.S. Melville L.O.
Sealed and delivered H D Morpeth his atty.
in the presence of having been first fully read over
Attorney at Law
Know all men by these presents that I John Clark Binns the assignee named in the within assignment from Malcolm MacCalder for and in Consideration of the Sum of One hundred and Twenty Pounds of lawful ? money of Prince Edward Island to me will and truly said at the time of the Execution of these presents by Theophilus Curtis at present of Township Number (31) Thirty One in the Said Island Farmer the Receipt whereof I do hereby acknowledge have bargained Sold assigned Transferred and Let over and by these presents do bargain sell assign transfer and set over unto the said Theophilus Curtis his Executor Administrators and assigns all that the farm or tract of land in the within Indenture of Lease described and thereby demised containing ninety three acres little more or less - Together with all Buildings Easements rights ? and appurtenances whatsoever to the same belonging or appertaining and all my Estate rights ? possession property claims and demand whatsoever of in and to the same premises and every part thereof To have and to hold the Said demised premises with the appurtenances unto the Said Theophilus Curtis his Executors Administrators and assigns for and during and unto all the rest residue and remainder of the term of nine hundred and ninety nine years in and by the Said Lease granted now to come and unexpired - Subject nevertheless to the Rents Covenants clauses and agreements in the Said within Lease reserved and contained and on the part of the tenant or Lessee to be paid performed and kept- In Witness thereof ? ? have hereunto set his hand and seal this 8th day of April 1854 - signed sealed and delivered in the presence of John Longworth Atty at Law. John C. Binns L.S.
Last Updated on 10/10/01
By Carol I Robocker-Andersen