Memorandum of Agreement: Between Mary Ramsay, widow of John Ramsay, Oyster Cove and Donald Ramsay & others. Dated 28th April 1835. Registered 30th October 1855 at 4 O’Clock P.M. Transcribed by Ann Smith from R.G. 16. Series 1. Registry Office Conveyances 1769-1872 Vol. 71, pp. 316-317, Prince Edward Island Public Archives and Records Office. [This agreement is between Mary Ramsay (nee McGougan) and her children concerning the division of the estate of her husband John Ramsay, Oyster Cove, PEI, deceased, intestate.]
A Memorandum of an Agreement hereby Signifyeth that it is mutually agreed upon between Mary Ramsay Oyster Cove Widow of the late John Ramsay Oyster Cove on the one part And her family that is to say Donald, Neil, Archibald, William, John and David on the other part—
That is to Say the Farm now in her occupation viz a Freehold property consisting of 157 acres left to her by her husband the late John Ramsay is shared and divided in manner and form following viz: the Said Mary Ramsay is to have the clear part of the farm that is under the Road leading through Oyster Cove to the shore all and whole by
her freely to be possessed and enjoyed during her life and at her disposal at her death reserving only the Marsh that is in the Shore of Said farm together with a piece of upland connected with said Marsh Known by a certain fence that surrounds said piece to Donald and David that is to say to be theirs as long as their is wood upon their part of Said Farm then and not till then to be given up to their Mother Mary Ramsay or to her heir being agreed and understood that the said Mary Ramsay is to have a Sufficient Share of the fire wood that is in the Upper part of Said Farm or her heir as long as their is wood on the Same her part of the wood to be cut whereon Donald and David cuts their own The part of Said Farm that is above Said Road is to be equally divided between Donald and David as best Suits both their advantages freely to be possessed and enjoyed by them and their heirs for ever Be it also further understood that the foresaid Mary Ramsay as a consideration of their Share of Said property is to pay to her Son Neil Ramsay Five Pounds currency of this Island to Archibald her son Five Pounds Currency John 20 pounds Currency also to her son William Twenty Pounds Said Currency in different installments – as agreed upon – Also Donald and David is to pay to Neil and Archibald the Sum of Thirty pounds Currency of this Island both payments to be made in Cattle and Produce at the Currency prices of the Country. It is also understood between the parties that there is a lane to be kept open from the Oyster Cove Road to the Shore, the expences of which is to be equally born by both parties [. . .] opening the land. The aforesaid Neil John William and Archibald doth hereby agree on receiving bonds to the Amount of their respective Sums to be paid them in lawful payments to quit claim right or title to the Said property now and for ever As Witness our hands and Seals this 28th April in the year of our Lord 1835.
Witnesses
Dugald Ramsay
Robert McKelvie
her
Mary X Ramsay
mark
Donald Ramsay
Neil Ramsay
John Ramsay
Archibald Ramsay
William Ramsay
[. . .]
Malcolm McGougan
David Ramsay
Personally appeared before me Mr. Robert McKelvie one of the Subscribing Witnesses to the within Written Agreement and being Sworn doth testify that he was present and did See the Same duly executed by the persons whose names are thereunto affixed.
Given under my hand at Prince Town Royalty this 27th day of October 1855
H. L.McNutt
Commissioner
[Note: This John Ramsay married Mary McGougan in 1803 and bought 100ac. from Dugald Stewart Esq., Attorney for his mother Annabella Stewart, in 1804. He was the eldest son of Neil Ramsay and Mary Cole. The Princetown Church list of 1825 gives another son in this family, James, born 1815. He would have been a minor at the time of this agreement, but so was David which is probably why David’s signature is separate and preceded by that of Malcolm McGougan (his uncle?). I don’t know what became of James – he may have died before this agreement was made although the church list notes those who died before 1825 and there is no such designation after his name. BAS]