281
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No. 281.
Beverly Robinson
To
The Queen
To all to whom these presents shall come or may in any wise concern, Beverly Robinson of the City of Saint John in the City and County of Saint John and Province of New Brunswick, Esquire, Executor of the Last Will and Testament of Peter Fraser late of Fredericton in the County of York and Province aforesaid Esquire, deceased sendeth Greeting Whereas the said Peter Fraser by his last Will and Testament bearing date the Twenty-ninth day of June in the year of our Lord one thousand eight hundred and thirty-six and made and executed in such manner as is by Law prescribed for rendering valid the Devisees of lands and hereditaments (after giving certain specific devises and bequests of certain lands and legacies) did give, devise, and bequeath all the rest, residue and remainder of all his estate and effects real and personal of what nature or kind soever the same might consist and wherever the same might be situated, vested and being and every part thereof to his Executors in the said Will and to the Survivors and Survivor of them and the Heirs, Executors and Administrators of such survivor Upon Trust, to sell and dispose of the same and every part and parcel thereof so soon after his decease as in their or his Judgement the same or any part or parts thereof can be sold for reasonable and fair prices and to advantage and until the same could be so sold to let or demise any part or parts thereof remaining unsold in such manner as they or he should think most advantageous and to apply the monies ensuing from such sale or sales or coming arising or accruing for rents or interest of any part or parts of his said property so fast as the same could be realized or collected in manner and to, and for the purposes in the said Will directed. And did thereby nominate, constitute and appoint the said Beverly Robinson, George D. Robinson of the City of Saint John aforesaid Esquire, and George F. S. Berton late of Fredericton aforesaid, Esquire, Executors of his said Will as by the said Will duly proved in the Surrogate Court for the said County of York, and duly registered in the Office of Registrar of Deeds and Wills for the County of Carleton Reference being thereto had will more fully appear. And Whereas the said George F. S. Berton one of the said Executors so named in the said Will departed this life in the lifetime of the said Peter Fraser, and the said George D. Robinson hath by Deed poll duly executed and acknowledged by the said George D. Robinson and duly registered in the said Registrar’s office absolutely and irrevocably disclaimed all the Real estate, trusts, Powers and Authorities whatsoever in and by the said recited Will of the said Peter Fraser devised and bequeathed or given to the said George D. Robinson and Beverly Robinson as aforesaid as by the same deed will appear. And the said Beverly Robinson hath alone proved the said Will and taken upon himself the trusts of the said Will. And Whereas the said Peter Fraser departed this life on the Thirteenth day of August in the year of our Lord one thousand eight hundred and forty without having revoked or altered his said Will. And Whereas the said Peter Fraser was in his lifetime and at the time of his death seized and possessed (among other lands and hereditaments of the tract of land hereinafter particularly described and mentioned which not having been specifically devised became and formed part of the residue of the said Testator's Estate so devised to the Executors and Trustees of his said Will as aforesaid). And Whereas His Excellency Sir Edmund Walker Head Baronet Lieutenant Governor and Commander in Chief of the said Province for and on behalf of Her Majesty Queen Victoria hath agreed with the said Beverly Robinson for the purchase of the said tract of land for Public uses: that is to say, for the use of the Melicette Tribe of Indians at the Meductic in the County of Carleton During the pleasure of Her Majesty in Lieu of a Tract of land of which the said Indians have been wrongfully deprived as is alleged. Now Know Ye that the said Beverly Robinson as such only existing Trustee and Executor as aforesaid and in pursuance of the trusts and powers vested in him by the said Will of the said Peter Fraser, deceased, for and in consideration of the sum of Two Hundred Pounds of lawful money of New Brunswick to him in hand well and truly paid in full for such purchase as aforesaid, the receipt whereof the said Beverly Robinson doth hereby acknowledge and of and from the same and every part thereof doth hereby acquit, release and discharge Her said Majesty Her Heirs and Successors forever by these Presents, Hath Granted, Bargained and Sold Alienated, Released and Confirmed and by these presents Doth Grant, Bargain, and Sell, Alien, Release and Confirm unto Her said Majesty Victoria by the Grace of God of the United Kingdom of Great Britain and Ireland Queen Defender of the Faith &e and to Her Majesty's Heirs and Successors All that certain tract, piece and parcel of land situate, lying and being in the Parish of Woodstock and known and described as the lower part of Lot Number Twenty-seven in the Nova Scotia Grant to Brown and others and Granted in the same Grant to Benjamin Peck Griffith the part of the said tract or lot Number Twenty-seven hereby conveyed being bounded on the lower side by the Church and School Lot and on the upper side by lands at present owned and occupied by A. K. S. Wetmore Esquire and being thirty-two rods in front on the River Saint John and extending to the rear preserving the same width Two Hundred and Fifty chains of four poles each and containing Two Hundred Acres more or less. Together with all buildings, erections and improvements thereon and all ways, waters, water courses, liberties, easements, privileges, profits, advantageous, hereditaments and appurtenances whatsoever to the said tract, piece and parcel of land belonging or in any wise appertaining and the Reversion and Reversions, Remainder and Remainders, Rents, Issues, and Profits thereof, and all the estate, right, title, interest, use, claim and demand whatsoever both at Law and in Equity of him the said Beverly Robinson as such Executor and Trustee as aforesaid of, in or to the same or any part or parcel thereof. To Have and to Hold the said lot, tract, piece or parcel of land hereby granted and released or intended so to be, unto Her Majesty her Heirs and Successors forever for the uses and purposes set forth and explained in the above recited during the Pleasure of Her Most Gracious Majesty or for such other Public uses and purposes as to Her Majesty her Heirs and Successors may be graciously pleased to apply the same anything in these presents contained to the contrary thereof notwithstanding.
In Witness Whereof the said Beverly Robinson hath hereunto set his hand and seal the Twenty-second day of May in the year of Our Lord One Thousand Eight Hundred and Fifty-One.
Signed, Sealed and Delivered in presence of
The words “can be sold” being interlined in the first page, and the words “recited deed” struck out and recited during interlined on the last page.
B. Robinson [L.S.]
Charles A. Hart
Saint John S.S.
Be it remembered that on the Twenty-sixth day of May in the year of Our Lord One Thousand Eight Hundred and Fifty-one before me Thomas Harding, Esquire, Mayor of the City of Saint John and one of the Justices of the Inferior Court of Common Pleas in and for the said City, personally appeared Beverly Robinson the Grantor in the foregoing Deed named who acknowledged that he executed the same freely and voluntarily for the uses and purposes therein expressed and contained.
Thomas Harding Mayor and one of the Judges of the Court of Common Pleas.
Province of New Brunswick
County of Carleton.
Registrar’s Certificate.
I, John S. Leighton Registrar of Deeds and Wills in and for the County of
Carleton in the Province of New Brunswick Do Hereby Certify the annexed and
foregoing to be a true copy of a deed duly Recorded in Book “M” of Records of
said Carleton County as Number 5018 on pages 228, 229, 230 & 231 on the fourth
day of August A.D. 1851. The same having been carefully compared.
In Testimony Whereof I have hereto set my Hand and affixed my Official Seal
at Woodstock this Twenty-second day of November A.D. 1907.
[L.S.] John S. Leighton
Registrar of Deeds and Wills
in and for Carleton County
- ↑ Canada. Indian Treaties and Surrenders from No. 281 to No. 483. CIHM/ICMH Digital Series = CIHM/ICMH Collection Numérisée. Ottawa: C.H. Parmelee, 1912.