LOT 13 LAND RECORDS of FINLAY GILLIS, & son RODERICK GILLIS, WILLIAM & son HENRY NEWCOMBE
Submitted by Peg Gillis Feirtag -
Records Include:
1) 1824 MARCH 28 – FINLAY GILLIS – INDENTURE, PRINCE CO, PEI, LOW POINT, LOT 13
2) 1824 MARCH 29 – RELEASE OF INDENTURE TO FINLAY GILLIS, PRINCE CO, PEI, LOT 13
3) 1880 FEBRUARY 9th - HEIRS OF ‘LATE’ FINLAY GILLIS - QUIT CLAIM
4) 1890 JANUARY 6TH – PETER GILLIS to ANDREW GILLIS
5) 1874 MARCH 2nd – LOT 13 CONVEYANCE OF 106 ACRES & 72 ACRES, JAMES YEO TO HENRY NEWCOMBE
6) 1877 DECEMBER 6th – WILLIAM NEWCOMBE SURRENDER OF 10 ACRES TO HENRY NEWCOMBE
7) 1877 DECEMBER 6th – HENRY NEWCOMBE SURRENDER OF LEASE to COMMISSIONERS OF PUBLIC LANDS
8) 1838 AUGUST 18TH – INDENTURE TO RODERICK GILLAS, PRINCE CO, PEI, LOT 13
9) 1868 DECEMBER 1st -- RE: THE SALE OF THE 1838 August 18th, 99 YEAR LEASE #9 G F SEYMOUR TO RODERICK GILLIS
1824 MARCH 28 – FINLAY GILLIS – INDENTURE, PRINCE CO, PEI, LOW POINT, LOT 13:
This INDENTURE made the twenty-eighth (28th) day of March in the year of our Lord One Thousand Eight Hundred and Twenty-Four (1824), between GEORGE FRANCIS SEYMOUR of Hampton Court Palace in England, Esquire, Captain in His Majesty’s Royal Navy and Companion of the Most Honourable Military Order of the Bath, of the one part. FINLAY GILLIS of Township Number Thirteen in Prince Edward Island, Farmer of the other part. Witnesseth that for and in consideration of the sum of FIVE (5) SHILLINGS of lawful money of Great Britain, to the said GEORGE FRANCIS SEYMOUR, paid at or before the sealing and delivery of those present the receipt whereof is hereby acknowledged for the said GEORGE FRANCIS SEYMOUR hath bargained and sold and by these presents doth bargain and sell unto the said FINLAY GILLIS, his executors, administrators and assigns, All that tract piece or parcel of land situate lying and being in the Parish of Richmond in Prince County in the said Island and is bounded as follows that is to say commencing at a squared post fixed in the Marsh on the East side of Crooked Creek and running from thence North eighty-seven (87) degrees East, forty-nine (49) chains or until it meets the shore of Low Point, from thence round the various causes of the shore to the place of beginning containing One Hundred and Six (106) Acres of land, little more or less and is part of Lot in Township Number Thirteen (13) in Prince Edward Island, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, with their and every of their appurtenances to have and to hold the said lands and premises above mentioned and intended to be hereby bargained and sold with their and every of their appurtenances unto the said FINLAY GILLIS, his executors, administrators and assigns from the day next before the day of the date of these presents for and during and unto the full end and turn of ONE WHOLE YEAR from thence next ensuing and fully to be complete and ended to the intent and purpose that by virtue of these presents and by force of the STATUTE made for transferring uses into possession, he the said FINLAY GILLIS may be in the actual possession of the said lands and premises above mentioned and intended to be hereby bargained and sold and every part and parcel thereof with the appurtenances and may thereby be enabled to accept and take a GRANT and RELEASE of the same and of the neversigned and INHEIRITANCE thereof to him, the said FINLAY GILLIS, his heirs and assigns to the only proper use of him, the said FINLAY GILLIS, his heirs and assigns forever by INDENTURE already prepared and intended to bear date the next day after the date of these presents and to be made between the said GEORGE FRANCIS SEYMOUR of the one part and the said FINLAY GILLIS of the other part. In witness whereof JAMES BAIDEN PALMER of the said Island, Esquire hath by virtue of a Power of Attorney bearing date the FOURTH DAY OF APRIL in the Year of Our Lord One Thousand Eight Hundred and Twenty-One (1821 Apr 4) and duly registered in the proper Office signed the name and affixed the seal of the said GEORGE FRANCIS SEYMOUR and the said FINLAY GILLIS, hath hereunto set his hand and seal the day and year first above written. GEO. F. SEYMOUR (seal) by J.B. PALMER his Atty. FINLAY GILLIS (seal). Sealed and Delivered in the presence of JOSEPH BALL, JAMES BROWN (sworn). REGISTERED 2 JULY 1824. (R.G. Land Conveyance, Liber 32, Folio 42-43, Series 1769-1872, Public Archives of PEI – copy purchased from Lou Daley, PEI genealogist, to Peg Gillis Feirtag, April 2009
1824 MARCH 29">1824 MARCH 29 – RELEASE OF INDENTURE TO FINLAY GILLIS, PRINCE CO, PEI, LOT 13:
This Indenture made the twenty-ninth (29) day of March in the Year of Our Lord one thousand eight hundred and twenty-four (1824) Between GEORGE FRANCIS SEYMOUR of Stoughton Court Palace in England, Esquire of the one part, and FINLAY GILLIES of Township Number Thirteen (13) in the Island of Prince Edward of the other part. Witnesseth that for and consideration of the sum of Ninety-five (95)Pounds, eight (8) shillings of lawful money of Great Britain, by the said FINLAY GILLIES to the said George Francis Seymour in hand paid at or before the execution of those presents the receipt whereof the said George Francis Seymour doth hereby acknowledge and thereof and from every part thereof doth acquit, release and discharge the said FINLAY GILLIES, his heirs, executors and administrators, and every of these by those presents, he the said George Francis Seymour hath granted, bargained, sold, released and confirmed and by those present doth grant herein all release and confirmed unto the said FINLAY GILLIES, in his actual possession now being by justice(?) of a bargain and sale to him thereof made by the said George Francis Seymour for FIVE (5) SHILLINGS consideration by INDENTURE bearing date the day before the day of the date of those presents for one whole year commencing from the day next before the day of the date of the same INDENTURE OF BARGAIN AND SALE and by force of the Statute for transferring uses into possession, and to his heirs and assigns, All that tract, piece, or parcel of land situate, lying and being in the Parish of Richmond in Prince County in the said Island and is bounded as follows, that is to say commencing at a squared post fixed in the Marsh on the East side of CROOKED CREEK and running from thence NORTH eighty-seven (87) degrees EAST forty-nine (49) chains, or until it meets the shore of LOW POINT, from thence round all the various courses of the SHORE to the place of beginning, containing one-hundred and six (106) ACRES OF LAND, little more or less, and is part of LOT or TOWNSHIP NUMBER THIRTEEN (13), in Prince Edward Island, together with all woods, underwood, lands, hereditaments, pasture ways, privileges, profits and appurtenances to the said lands and premises belonging or in any case appertaining. And the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate right, title, interest, use, trust claim and demand whatsoever both at law and in equity of him the said George Francis Seymour, his heirs and assigns in or to the same, every, or any part thereof, subject nevertheless to the clauses, reservations and conditions contained in the ORIGINAL GRANT of the said Township Number Thirteen (13) from Government as far as they may proportionately affect the said land and premises hereby RELEASED and confirmed to have and to hold by the said FINLAY GILLIES, his heirs and assigns forever. And the said GEORGE FRANCIS SEYMOUR for himself, his heirs, executors and administrators doth consent(?), promise(?), and agree to and with the said FINLAY GILLIES, his heirs and assigns in manner following, that is to say that he, the said GEORGE FRANCIS SEYMOUR now hath in himself give rightful power and lawful authority by those presents to GRANT BARGAIN SELL, RELEASE and assign all and singular the premises mentioned to be hereby granted and released with the appurtenances unto and to the use of the said FINLAY GILLIES, his heirs and assigns in manner aforesaid according to the true intent of those presents. And further that he the said FINLAY GILLIES and his heirs shall and may from time to time and at all times forever hereafter peaceably and quietly have hold occupy possess and enjoy the said Lands and premises mentioned to be hereby granted and released and receive and take the rents, issues and profits thereof to and for his own and their own use and uses without the ___(?) ___(?) hindrance interruption or ___(?) of the said GEORGE FRANCIS SEYMOUR, his heirs, or assigns, or of any other persons claiming or to claim by from or under them or any of the Ancestors of the said GEORGE FRANCIS SEYMOUR, and that free and clear and freely and clearly requitted, exonerated and discharged, or otherwise by the said GEORGE FRANCIS SEYMOUR or his heirs will and sufficiently served _____(?) and ___(?) ___(?) of from and against, all and all manner of ____(?) and other gifts grants bargains sales mortgages claims judgments, executors taxes, tithes, charges and encumbrances whatsoever made done committed or executed by the said GEORGE FRANCIS SEYMOUR or his ancestors, or any other person or persons by through or with his, their or any of their consent, priority or procurement(?). In Witness whereof JAMES BAIDEN PALMER of the said Island, Esquire, hath by virtue of a Power of Attorney bearing date the fourth day of April in the Year of Our Lord one Thousand eight hundred and twenty, and duly registered in the proper Office, signed the name and affixed the seal of the said GEORGE FRANCIS SEYMOUR and the said FINLAY GILLIES, hath hereunto put his hand and seal the day and year first above written. Geo. F. (seal) Seymour by J.B. Palmer, his Atty. Sealed and delivered in the presence of JOSEPH BALL, JAMES BROWN (sworn). Received the day and year written of and from the within named FINLAY GILLIES, the sum of ninety-five (95) pounds, eight (8) shillings stating being the consideration money within mentioned to be paid to me. Witness my hand. GEO. F. SEYMOUR by J.B. Palmer, his Atty. Registered the 2 July 1824 at about 4 past 1 O’Clock P.M. (R.G. Land Conveyance, Liber 32, Folio 43-45, Series 1769-1872, Public Archives of PEI.
1880 FEBRUARY 9th - HEIRS OF ‘LATE’ FINLAY GILLIS - QUIT CLAIM:
FORM OF A TRANSFER, We, the undersigned HEIRS of the ‘LATE’ FINLAY GILLIS of Low Point, Lot Thirteen (13), do and agree by mutual concent, to sign all our quit claim of a piece of Government Land held, and in possession by PETER GILLIS of said place, Dated 9th Feb 1880: Signed: JAMES GILLIS, WILLIAM GILLIS, NEAL GILLIS, JOHN GILLIS, SARRAH GILLIS, MAGRET GILLIS, CATHERINE GILLIS, PETER GILLIS – accompanied by: NO. 79 – JAMES STEWART to MR FINLAY GILLIS – LOT 13 (no date on copy, but attached was a copy of MAP - A Plan of 62 Acre of Land part of Lot No. 13 (Scale 20 ch to one Inch) which included Roderick Gillis’ 106 Acres –west of Crooked Creek, and both properties of Finlay Gillis, East of Crooked Creek, one of which (62 A) is described herein: Description of a Tract of Land to MR. FINLAY GILLIS, commencing at a stake fixed in the Marsh on the East side of CROOKED CREEK, the same being the NORTH WEST BOUNDARY STAKE of a Tract of Land the property of the Lessee, and from thence by a line running North Fifty-five (55) Degrees East, Forty-five (45) Chains or to the shore of Richmond Bay, thence following the Courses of said Shore Easterly to the North East Boundary Stake of said Tract of Land the property of the Lessee, and from thence following the North line of said property South Eighty-Seven (87) Degrees West to the Stake or place of beginning. Containing by Estimation an area of Sixty-two (62) Acres of Land be the same a little more or less agreeable to a Plan thereof hereto annexed said described tract of Land is part of Lot or Township Number Thirteen (13) situate in Prince County, Prince Edward Island. Signed: James Stewart. (Public Archives of PEI, received April 2009 from Lou Daley, PEI genealogist copy purchased by Peg Gillis Feirtag)
1890 JANUARY 6TH – PETER GILLIS to ANDREW GILLIS – Assignment of Forty-four (44) Acres of Low Point in Lot 13. Folio 131. Know all Men by these Presents: that PETER GILLIS of Lot or Township number Thirteen (13) in Prince County, Prince Edward Island, for an in consideration of the sum of Fifty ($50) dollars, of lawful current Money of the said Island, to me in hand this day paid by ANDREW GILLIS of PORT HILL, the receipt of which I do hereby acknowledge, HAVE granted, bargained, sold and by these presents DO grant, bargain, sell, alienate and confirm, unto the said ANDREW GILLIS, his Heirs and Assigns, ALL THAT tract, piece or parcel of land, situated, lying and being on Lot by Township number Thirteen (13) in the said Island: Bounded in the North by land owned by WM NEWCOMB SR and in the East by the shore of Richmond Bay, in the South by freehold land owned and occupied by PETER GILLIS, and in the West by the marsh land leading from Port Hill to Low Point, containing Forty-four (44) acres of land, a little more or less, and I do hereby relinquish all claim or right whatsoever thereto, and I do hereby establish and confirm the said ANDREW GILLIS in full possession of the same and do hereby fully authorize and empower the Commissioner of Public Lands to accept of the said ANDREW GILLIS as the purchaser of the fee simple of the said premises, and to execute and issue a conveyance of the aid premises to the said ANDREW GILLIS, his Heirs or Assigns, he or they complying with the provisions of the law in that case made and provided. As Witness my Hand and Seal, this 6th of January in the year of our Lord 1890. PETER GILLIS. Signed, Sealed and Delivered in the presence of MURDOCH GILLIS. ("Leases & Related Documents of PEI, Lease #9, Lot #13. Public Archives of PEI to Lou Daley, PEI genealogist copy purchased by Peg Gillis Feirtag)
1874 MARCH 2nd – LOT 13 CONVEYANCE OF 106 ACRES & 72 ACRES, JAMES YEO TO HENRY NEWCOMBE: Know all men by these present that I, the said JAMES YEO of Lot or Township number 13, in Prince County, Prince Edward Island, for and in consideration of the sum of Nine-hundred forty dollars and 89/100 ($940.89) current money of this Island to me in hand and well and truly paid by HENRY NEWCOMB of Lot or Township No. 13, County and Island aforementioned, the receipt whereof I do hereby acknowledge have granted, bargained, sold and assigned and made over all my rights, title and Interest to the within mention of land (save and except twelve (12) acres, a little more or less, situated on the North side of the road leading from Port Hill to Low Point and purchased some time back by WILLIAM NEWCOMBE, to the said HENRY NEWCOMBE his Heirs, and Assigns. As Witness my Hands and Seal this Second Day of March, One Thousand Eight-hundred and Seventy four. Signed: JAMES YEO. Witness: Henry Hop___? (PEI Archives to Lou Daley, PEI genealogist, copy purchased by Peg Gillis Feirtag, April 2009)
1877 DECEMBER 6th – WILLIAM NEWCOMBE SURRENDER OF 10 ACRES TO HENRY NEWCOMBE
I hereby surrender to HENRY NEWCOMBE, the Ten (10) acres specifically reserved in the within lease and all right, title and Interest I may have therein. Signed: WILLIAM NEWCOMBE, Ellerslie, 6th Dec 1877. (Public Archives of PEI, received April 2009 from Lou Daley, PEI genealogist copy purchased by Peg Gillis Feirtag)
1877 DECEMBER 6th – HENRY NEWCOMBE SURRENDER OF LEASE to COMMISSIONERS OF PUBLIC LANDS: I hereby surrender this Lease to Commissioners of Public Lands on my becoming the PURCHASER of the fee simple of the within described land and premises. Signed: HENRY NEWCOMBE, Ellerslie, 6th Dec 1877. Signed, sealed & Delivered in the presence of JAMES YEO. (Public Archives of PEI, received April 2009 from Lou Daley, PEI genealogist copy purchased by Peg Gillis Feirtag)
1838 AUGUST 18TH – INDENTURE TO RODERICK GILLAS, PRINCE CO, PEI, LOT 13: (NOTE: LAND DESCRIPTION: Rodrk’s 106 Acres is on the East side of Crooked Creek; his father, Finlay’s 106 Acres is on the West side.) Deed to HENRY NEWCOMBE A2/28 18/4/78.
This Indenture made the Eighteenth (18) day of August in the Year of Our Lord One Thousand Eight Hundred and thirty-eight (1838), between Sir George Francis Seymour of Hampton Court Palace in the County of Middlesex in England, Knight of the Guelphic (?) Order, _ Captain in the Royal Navy and Companion of the Most Honourable Military Order of the Bath by the Honourable Thomas Heath Haviland of Charlotte Town in Prince Edward Island his Attorney lawfully constituted and appointed as hereinafter mentioned of the one part, and RODERICK GILLAS of Lot or Township number thirteen (13) in the said Island, of the other part, Witnesseth that for and in consideration of the Yearly Rents, Covenants and Provisions, hereinafter mentioned, reserved and contained, on the part and behalf of the said RODERICK GILLAS, his Executors, Administrators and Assigns, to be held, kept, done, and performed, he, the said Sir George Francis Seymour, hath granted, demised, leased, set, and to Farm letten, and by these Presents doth grant, demise, lease, set, and to Farm letten, unto the said RODERICK GILLAS, his Executors, Administrators and Assigns, ALL that Tract, Piece or Parcel of Land, situate, lying and being in Richmond Parish, and in the County of Prince County, commencing at a stake fixed in the marsh on the North side of CROOKED CREEK, and from thence by a line running North for the distance of thirty-eight (38) chains or to the East boundary line of a tract of land the property of JAMES FITZGERALD, thence following said line South forty-five (45) degrees West to the South East angle of JAMES FITZGERALD’S land, thence North thirty-two (32) degrees West, three (3) chains or to a run of Water flowing to a certain Creek, thence following the East side of said river and Creek to the shore of SCHOONER CREEK, thence following the course of the shore of SCHOONER CREEK Easterly to CROOKED CREEK, and following the West side of CROOKED CREEK Northerly to the stake or place of beginning, containing by estimation an area of One hundred and six (106) acres be the same little more or less together with all Buildings, Woods, Underwoods, Ways, Waters, Watercourses, Profits, Commodities, and Appurtenances whatsoever, to the said hereby demised Premises belonging, or in any wise appertaining To Have and to Hold the said Piece or Parcel of Ground and Premises hereby demised, with the Appurtenances, unto the said RODERICK GILLAS, his Executors, Administrators, and Assigns, from the First day of November last, for and during and unto the full end and Term of Ninety-nine (99) Years, from thence next ensuing, fully to be complete and ended, Yielding and Paying therefore, Yearly and every Year, during the said Term hereby granted, unto the said Sir George Francis Seymour, his Heirs and Assigns, the Yearly Rent of FIVE (5) POUNDS SIX (6) SHILLINGS STERLING MONEY OF GREAT BRITAIN, clear, over and above all Quit-Rents, Land Taxes, and other Public Burdens, imposed or to be imposed on the said Premises, Charges or Deductions whatsoever, by Yearly Payments – that is to say, on the FIRST day of NOVEMBER in each Year, the first Payment thereof to begin and be made on the FIRST day of NOVEMBER NEXT / 1838 AND the said RODERICK GILLAS, his Executors, Administrators and Assigns, doth hereby covenant, promise and agree to and with the said Sir George Francis Seymour, his Heirs and Assigns, that the said RODERICK GILLAS, his Executors, Administrators or Assigns, shall and will well and truly pay, or cause to be paid, unto the said Sir George Francis Seymour, his Heirs and Assigns, the Yearly Rent hereby reserved, as and when the same shall become due and payable, without making any deduction or abatement whatsoever. Provided Always, that if the said Rent shall be in arrear for the space of TWO (2) MONTHS and not paid when demanded, then it shall and may be lawful to and for the said Sir George Francis Seymour, his Heirs or Assigns either to sue or distrain for the same, or into and upon the said demised Premises to re-enter, and the same to have again,, retain, re-possess and enjoy, as in his first and former Estate and the said RODERICK GILLAS, and all other Occupiers and Possessors thereof, thereout and from thence utterly to expel, put out any one or any thing herein contained to the contrary notwithstanding: AND the said Sir George Francis Seymour, his Heirs, Executors and Administrators do hereby covenant, promise and agree, to and with the said RODERICK GILLAS, his Executors, Administrators and Assigns, that he or they paying the said Yearly Rent hereby reserved, in manner aforesaid, and performing the aforesaid Covenant in that behalf, shall and may, at all times hereafter, peaceable and quietly have, hold, use, occupy, possess and enjoy, the said Land and Premises hereby demised, for all the Term hereby granted, without the lawful let, suit, trouble, eviction, or disturbance of or by the said Sir George Francis Seymour, his Heirs or Assigns, or of or by any other Person lawfully claiming or to claim the said hereby demised Premises, or any Parcel thereof. In Witness Whereof, the said Francis Heath Haviland hath by virtue of a Power of Attorney bearing date the twenty-second day of March in the year of Our Lord one thousand eight hundred and thirty-four and duly Registered in the proper Office signed the name and affixed the seal of the said Sir George Francis Seymour, and the said RODERICK GILLAS hath also hereunto set his hand and seal the day and year first above written. Signed by: Geo. F. Seymour by F.A. Haviland, his atty. And RODERICK GILLIS (seal) - PEI ARCHIVES, copy purchased from Lou Daley, PEI genealogist, to Peg Gillis Feirtag, April 2009
1868 DECEMBER 1st -- RE: THE SALE OF THE 1838 August 18th, 99 YEAR LEASE #9 G F SEYMOUR TO RODERICK GILLIS, OF 106 ACRES IN LOT 13 TO JAMES YEO JUNIOR: Know all men by these presents that I the within named RODERICK GILLIS of Lot or Township Number Thirteen (13) in Prince County, Prince Edward Island for and in consideration of the sum of Two Hundred (200) Pounds, current money of the Island, to me in hand well and truly paid by JAMES YEO, JUNIOR of Lot or Township Number Thirteen (13), County and Island aforesaid, the receipt whereof I do hereby acknowledge, have granted, bargained, sold, assigned and made over all my right, title and Interest of the within mentioned land (save and except for twelve (12) acres a little more or less, situate on the North side of the Road leading from Port Hill to Low Point, and purchased some time back by WILLIAM NEWCOMB SENIOR, to the said JAMES YEO, JUNIOR, his Heirs and Assigns. As Witness my hand and seal this First day of December, A.D., One Thousand Eight Hundred and Sixty Eight. Signed RODERICK GILLIS, Witness: Mr. Murphy. The line underneath states: 1878 APRIL 18 – DEED HENRY NEWCOMBE, A2/28 (PEI ARCHIVES Public Archives of PEI – copy purchased from Lou Daley, PEI genealogist, to Peg Gillis Feirtag, April 2009