NB WITNESS AND NOTARY PUBLIC

Transcription

1 Title: (1873) March 31 INDENTURE BETWEEN Charles and Elizabeth Ann Burpee Sheffield, Sunbury County, NB AND David and George D. Morrow, Burton, NB WITNESS AND NOTARY PUBLIC Byron Winslow. Document type is: Legal Doc. Authors: Summary: Details of release of claim by the Burpees on the estate of George Morrow. Seal of Byron Winslow, Notary Public at Fredericton affixed. Dimensions: 26 x 8 ½ (13 x 8 ¼ ) Pages: 1 Document Housed at: Saint John Free Public Library Call No.: A34 Copyright Saint John Free Public Library; all rights reserved 1 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

2 only sons of the said George Morrow deceased of the seemed 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 intestate learning him surviving his wife and three Children and heirs namely the said Elizabeth Ann Burpee daughter of the said Late George Morrow deceased and the said David Morrow and George D Morrow sons 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 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 2. 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 mutual consent

3 and agreement between such heirs and for the purposes of mutual settlement between the parties of the first and second parts. 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 There and in such case they the said Elizabeth Ann Burpee and Charles Burpee her husband should grant bargain, sell, assign, transfer set over, quit claim to and forever 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 Law real and personal Estate and effects of every nature kind and description whatsoever and wheresoever situate which she the said Elizabeth Ann 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 George Morrow Charles Burpee has or could have as husband of the said Elizabeth Ann Burpee of in and to any and all of the Lands and real And personal Estate and effects or every nature kind and description and wheresoever situate in the said Province and of in and to any and all the personal Estate and effects of every nature and

4 3. 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 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 denies 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 Morrow heirs and administrators of the said George Morrow deceased the receipt payment, performance and Execution of which to all hereby acknowledged Have granted, bargained, sold, assigned, transferred set over, quitted claim to, and forever released and discharged unto the said David Morrow and George

5 4. George D. Morrow their heirs and assigns and by these presents Do grant, bargain, sell, assign transfer, set over, quit claim to and forever 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 a claim as such husband of the said Elizabeth Ann Burpee of in and to any and all of the Lands 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 (sane and except such portion of the said Real and personal Estate and effects as the said David

6 Morrow and George D Morrow as such administrators 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 to the same belonging or in any wise appertaining or accrueing and The 5. reversion and reversions, remainder and remainders, news; 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 Elizabeth Ann Burpee and Charles 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 with 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 of them the said Elizabeth Ann Burpee and Charles Burpee

7 therein or thereto unto the said David Morrow and George 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 assigning 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 said Charles Burpee and Elizabeth Ann 6. 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 forever 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 suits which at Law

8 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 In be kep wherein the said Elizabeth Ann Burpee and Charles Burpee and David and George D. Morrow the said parties hereto of the first and seemed part have hereto see then hands and Seal the day and fear first herebefore another Signed Sealed and Delivered at the presence of EB Pullust on 16 8 ( P M S D M ( David Morrow ) George D Morrow 7. New Brunswick Journal Be it recommended that as this thus first age of the Queen in the year of Our Lord One Thousand Eight Hundred and Seventy Three

9 Before the EB Mudeunsford for a May release The success of New Brunswick with amiable and success new day other us of the said person if came and appeared the herein named David Morrow and George D. Morrow who acknowledged that they and each of their In herself acknowledged this he created and new The aforesaid document as one for of in his acts and Deed to and for the uses and purposes therein expressed and contained In testimony she of the said Many have hereto see my hand and affixed my normal seal this 31 st day of March 1873 EB Mudeunsford & Ray Pabbe New Brunswick

10 8. Dated 31 March 1873 Charles Burpee + Wife Deed and Release [sideways] To David Morrow + George Morrow