(1873) 31 COPY DEED AND RELEASE BETWEEN

Transcription

1 Title: (1873) March 31 COPY DEED AND RELEASE BETWEEN Charles and Elizabeth Ann (Morrow) Burpee Sheffield, Sunbury Co., NB AND David and George D. Morrow Lumber Dealers, Burton, NB FOR Property (real and otherwise) to settle the estate of the late George Morrow. Document type is: Legal Doc. Authors: Summary: Full description of property given. Dimensions: 2 12 ¾ x 16 (12 ¾ x 8), 4 13 x 17 (13 x 8 ¼) Pages: 76 Document Housed at: Saint John Free Public Library Call No.: C85 Copyright Saint John Free Public Library; all rights reserved 1 C85 This is to certify that We, David Morrow, and George D. Morrow, Promise and agree to give to Elizabeth Ann Morrow, wife of Charles Burpee Esquire, certain monies, notes of Hand, mortgages Fire Insurances Stock and Prices and Parcels of Land viz. Five Hundred Dollars in cash; A note payable on the first day of July, 1873 For fifteen Hundred Dollars, with interest, also three notes known as the Webb notes, and amounting in all to Two Hundred and

2 Eighty Dollars. Central Fire Insurance Stock representing Two Hundred and Forty Dollars. One mortgage on John Boon s property, dated July 19 th 1862 for Four Hundred and Sixty-four Dollars One Mortgage on Everett Boon s property, dated November 15 th, 1870 for Four Hundred and forty-five 60/100 Dollars. One piece of Land situated in Garey known as the A Carr Farm containing Two Hundred Acres, more or less, and valued at Eight Hundred Dollars One price of Land on Brisley Creek, near R. Seeley s, valued at one Hundred and Fifty dollars containing One Hundred acres. One piece of Land in Garey in rear of William Carr s Farm, valued at Two Hundred Dollars. One piece of Land containing Three Hundred acres, known as the Beaver 2 Beaver Dam property, valued at Three Hundred Dollars, containing Three Hundred acres. One Piece of Land on the Oromocto Lake, valued at one Hundred and Fifty Dollars, Containing One Hundred acres. All of which pieces and parcels of Land are situated and laying in the County of Sunbury reserving the privileges of taking the Carr Farm at valuations, less five per cent, at any time before the 1 st March 1873, and any or all of the remaining pieces or parcels of Land on Similar terms, on or before the 1 st

3 April 1873, said amounts if so taken to be payable by note due 1 st July 1873 with interest the same being for and in consideration of her interest, dower, right of dower, or any claim whatsoever, she may have in the Estate of the late George Morrow of Sunbury County, and said David Morrow, or George D. Morrow, or either of them. And We Charles Burpee and Elizabeth Ann Burpee, promise to receive the said monies, notes of Hand, mortgages, Fire Insurance Stock and Land as aforesaid for said dower, right of dower and interest in the said Estate of the late George Morrow such amount settling all claims and interest of the Estate of the late George Morrow, deceased, between David Morrow and George D. Morrow of the one part and Charles Burpee and Elizabeth Ann Burpee, his Wife, on the other part. 3 Copy All Documents and Papers in connection with the above agreement to be transferred and property secured executed on or before the 1 st April In witness whereof we have hereunto sett our hands and seals this Thirteenth day of February, 1873.

4 4 This Indenture made the thirty first day of March in the year of Our Lord one thousand Eight hundred and Seventy three Between Charles Burpee of Sheffield in the County of Sunbury in the Province of New Brunswick Esquire, and Elizabeth Ann Burpee his wife and only daughter of the Late George Morrow Late of Burton in the said County of Sunbury deceased of the First part and David Morrow of the said Parish of Burton, Lumber Dealer, and George D. Morrow of the same place, Lumber dealer, only Sons of the said George Morrow deceased of the second part Whereas the said George Morrow departed this life on or about the twenty sixth day of January in the year of Our Lord One thousand Eight hundred and sixty eight Interstate learning him surviving his Wife and Three Children and Heirs, namely, the said Elizabeth Ann Burpee daughter of the said Late George Morrow And Whereas the said George Morrow was the owner of at the time of his death and left behind him large quantities of Land and Real Estate situate in different Counties in the said Province together with a large amount of personal property and effects consisting

5 5 consisting of stocks, notes, debts, mortgages, Bonds and so forth all of which Land Real Estate and personal property and effects the said Elizabeth Ann Burpee wife of the said Charles Burpee and daughter of the said Late George Morrow, the said David Morrow and George D. Morrow were and are the sole heirs thereof And Whereas by the mutual consent and agreement between such heirs and for the purposes of mutual settlement between the parties of the First part and second part consented to by the said Charles Burpee it was agreed that they the said parties of the first part for certain considerations to be paid made given and executed by the parties of the second part to and with the said Elizabeth Ann Burpee wife of the said Charles Burpee that then and in such care they the said Elizabeth Ann Burpee and Charles Burpee her husband should Grant bargain, sell, assign, transfer set over, quit claim to and for ever release all of the right title interest property possession claim and demand of any time either at Law or in Equity of them the said Elizabeth Ann Burpee and Charles Burpee her husband of in and to all and every The Land real and personal Estate and effects of Every nature kind and description whatsoever and wheresoever situate which she the said Elizabeth Ann Burpee Morrow now Elizabeth Ann Burpee could have or claim or was or is interested in as daughter and one of the heirs of the said George Morrow or that he the said Charles Burpee has or could have as husband of the said Elizabeth Ann Burpee

6 of in and to any and all of the Lands and real nnd personal Estate and effects or every nature kind and description and wheresoever situate in the 6 in the said Province and of in and to any and all the personal Estate and effects of every nature and kind and wheresoever And whereas the said David Morrow and George D. Morrow were duly appointed administration of the said George Morrow deceased: And whereas the said David Morrow and George D. Morrow administrators and heirs of the said Late George Morrow have carried out their part of the agreement herein before mentioned which is hereby acknowledged by the parties of the First part signified by their executing these presents and which consisted in the transfer to the said Elizabeth Ann Burpee of certain personal estate, the Making in her favor of several promissory notes and the assigning and transferring of all their right title and Interest as heirs of the said George Morrow deceased of in and to certain portions of his real Estate which are more particularly described in the Deed of Release to her This Deed of release being subject to the same and not to include same Now this Indenture witnesseth that the said Elizabeth Ann Burpee and Charles Burpee for the considerations hereinbefore expressed and contained or intended so to be, and for divers

7 other good causes and considerations and for the further considerations of the sum of Five dollars to them in hand paid done, performed and executed by the said David Morrow and George D. Morrow heirs and Administraters of the said George Morrow deceased the receipt payment, performance and execution of which is all hereby acknowledged & are granted, bargained, sold assigned 7 assigned transferred set over, quitted claim to, and for ever released and discharged unto the said David Morrow and George D. Morrow their heirs and assigns and by these presents Do Grant, bargain, sell, assign transfer, set over, quit claim to and for Ever discharge and release unto the said David Morrow and George D. Morrow their heirs and assigns all their the said Elizabeth Ann Burpee one of the heirs and daughters of the said Late George Morrow and Charles Burpee her husband or either of their right title Interest property possession claim and demand or any kind at Law or in Equity of in and to all and every the Land and real and personal Estate and effects of every nature kinds and description whatsoever and wheresoever situate which she the said Elizabeth Ann Burpee could have or claim or was or is interested in as daughter and one of the heirs of the said George Morrow deceased, and which the said Charles Burpee as husband of the said Elizabeth Ann Burpee has or could have or claim as such husband of the said Elizabeth Ann Burpee of in and to any and all of the Lands

8 and real and personal estate and effects of every nature kind and description and wheresoever situate which belonged or of right ought to belong to the Estate of the said George Morrow deceased (gave and except such portion of the said real and personal Estate and effects as the said David Morrow and George D Morrow as such administraters and heirs of the said George Morrow deceased assigned and transferred to the said Elizabeth Ann Burpee as mentioned in the recital hereto ) Together with all and singular the Buildings and improvements therein and the rights members privileges hereditaments and appurtenances 8 to the same belonging or in any wise appertaining or accrueing and the reversion and reversions, remainder and remainders, rents issues and profits thereof and all the Estate right title Interest property possession claim and demand whatsoever at Law or in Equity of them the said Charles Burpee and Elizabeth Ann Burpee of in and to or out of the said Lands real Estate and premises and every part and parts thereof and personal property and effects of every nature kind and description hereinbefore mentioned or hereby released To Have and To Hold the said Lands real Estate and premises hereinbefore mentioned or conveyed or released or intended so to be unto all the appurtenances together with all the personal property and effects hereinbefore mentioned and all the right title interest claim and demand at Law or in Equity

9 of them the said Elizabeth Ann Burpee and Charles Burpee therein or thereto unto the said David Morrow and George D. Morrow their heirs and assigns to the only proper use benefit and behoof of the said David Morrow and George D. Morrow their heirs and assigns forever. And the said Charles Burpee and Elizabeth Ann Burpee his wife hereby agree to execute any other and further documents at the costs and charges of the said David Morrow and George D. Morrow that they may consider necessary for the more effectual assign -ing and releasing of any of the said real or personal Estate and effects by this Indenture Assigned and released or intended so to be And the said David Morrow and George D. Morrow also hereby agree to execute any other and further Documents at the Costs and changes of the 9 the said Charles Burpee and Elizabeth Ann Burpee his wife that they may consider necessary for the more effectual carrying out of their part of the agreement hereinbefore acknowledged to have been carried out And the said parties hereto of the First part do hereby in consideration of all the premises release acquit and for Ever discharge the said parties hereto of the second part as administrators as aforesaid as well as heirs of the said George Morrow deceased of and from all claims demands debts actions or wits

10 which at Law or in Equity the said parties hereto of the first part have or might or could have against the said parties hereto of the second part or either of them personally or in their representative character or otherwise however for or by reason of their dealings with the real and personal Estate and effects of the said George Morrow deceased And the said David Morrow and George D. Morrow for themselves and their aforesaids do hereby in consideration of the premises release and discharge the said Elizabeth Ann Burpee and Charles Burpee of and from all claims demands debts actions or suits which at Law or Equity they the said David Morrow and George D. Morrow might or could have against them for or by reason of any dealings of the said Elizabeth Ann while sole and unmarried with the real and personal Estate and effects of the said George Morrow deceased of for or by reason of any dealings of the said Elizabeth Ann since her marriage with the said Charles Burpee or for or by reason of any dealings of the said Charles Burpee since his marriage with the said Elizabeth Ann with the real and personal Estate and effects of the said George Morrow deceased or for or by reason of any dealings of the said Charles Burpee and Elizabeth Ann Burpee jointly 10 jointly since their Marriage with the Real and Personal Estate and Effects of the said George Morrow deceased And it is hereby understood Between the parties hereto that hereunto annexed marked A is a copy of the agreement the performance of which by the said David Morrow

11 is and George D. Morrow ^ the consideration marking the said Charles Burpee and Elizabeth Ann Burpee his wife to the execution of this Indenture: And the said Charles Burpee and Elizabeth Ann Burpee promise to receive the said Monie, Notes of hand, Mortgages, Fire Insurance Stock and Land as in the said agreement mentioned for all the title rights ^ and title Interest of their the said Charles Burpee and Elizabeth Ann Burpee in the said Estate of the Late George Morrow deceased such amounts settling all claims and Interest of the Estate of the Late George Morrow deceased Between David Morrow and George D. Morrow of the one part and Charles Burpee and Elizabeth Ann Burpee his wife on the other part In Witness whereof the said Charles Burpee and Elizabeth Ann Burpee his wife the parties hereto of the first part; and the said David Morrow and George D. Morrow the parties hereto of the second part have hereunto set their hands and seals this day and year first hereinbefore in these present wittness Signed sealed and delivered in the presence of

12 11 Valid March 31 st A.D. Ipay3 Charles Burpee & Elizabeth Ann Burpee His wife To David Morrow & George D. Morrow Deed And Release