DOCUMENT ALLOWING DIVISION OF LAND
Roderick Morrison & others. Deed of Partition of real and personal estate of Roderick Morrison of Darnley deceased.
Entered the 22nd day of August 1835 at or about the hour of 1 o’clock, at the request of Neil Morrison who duly acknowledges the signature Neil Morrison therein written to be his act and deed.
Signed John ?, Reg
This Indenture of nine parts made the fifth day of April in the year of our Lord one thousand eight hundred and thirty one between Neil Morrison of the first part, John Morrison of the second part, Catharin Morrison of the third part, Ann Morrison of the fourth part, Donald McIntyre and Mary his wife of the fifth part, Michael Forrestal and Sarah his wife of the sixth part, Philip McLellan and Flora his wife of the seventh part, Mark Cody and Margaret his wife of the eighth part, and Peter Morrison of the Ninth part, all residing in Prince Edward Island except John Morrison who is supposed to be at Montreal and uncertain whether he will return. Whereas the said parties are each entitled to a certain share or portion of or otherwise interested in the real and personal estate of the late Roderick Morrison of Darnley and Prince County in the said Island deceased intestate. And they being all of the age of twenty-one years and upward, have mutually contracted and agreed to divide the said estate between and amongst them by this presents. Now this indenture witnesseth that the parties thereto do hereby contract and agree each with the other in manner following, that is to say that the farm of the said intestate situated in Township No.18 and fronting on Darnley Basin containing one hundred acres more or less and bounded on the south by George Thompson’s land and on the north by Thomas MacNutt’s, shall henceforth be held by the said Neil Morrison and John Morrison as Joint Tenants subject nevertheless to all the terms and conditions in the Lease thereof to the said intestate and to the performance of the covenant hereinafter contained regarding the maintenance and support of the above named Catharin and Ann Morrison. Also that the said Mark Cody shall take a tract of land situated in Township No. 20 fronting on the Gulf Shore containing fifty acres more or less and bounded on the west by Francis Clark’s farm and on the east by the land of Angus McPhee. But no conveyance hath yet been made thereof from the said Angus McPhee and the same is now prepared from him to the said Mark Cody his heirs and assigns forever. In the said Mark Cody paying within two years from this date as follows to each of the parties hereto except Peter Morrison and Man and wife being accounted only one party, the sum of two pounds five shillings and three pence, and to said Peter Morrison the sum of one pound seventeen shillings and three pence. Also that the said Peter Morrison shall take fifty acres of land of the said intestate situated on the said township No. 18, and bounded on the east by William Clark’s farm and on the west by John Thompson’s, to hold to the said Peter Morrison his heirs and assigns forever. Also it is hereby declared that the live stock of the said intestate according as the same were lately valued, have been equally divided with consent of all the parties hereto between the said Neil Morrison, John Morrison, Donald McIntyre, Michael Forrestal, Philip McLellan, Catharin Morrison and Ann Morrison the share of the said John Morrison in the said stock remaining with the said Neil Morrison. And that the ? as well as the share of the said John Morrison in the said leasehold farm? become created in the said Neil Morrison as his own property in case the said John Morrison shall not return to this Island and personally claim the same. And that the said Neil Morrison shall receive and pay all debts due to and from the estate of the said estate and which he hereby promises and obliges himself to do. And lastly the said Neil Morrison and John Morrison each for himself covenant and promise with and to the said Catharin Morrison and Ann Morrison that for as long time as they the said Catharin and Ann Morrison or either of them remain unmarried and may choose to remain on the said leasehold farm with the said Neil and John Morrison or either of them they shall be provided with proper board and lodging and have the use of the household furniture of the said intestate and also shall each of them have the privilege of keeping on the farm two cows six sheep and a horse it being understood that Catherin is to have the use of the grey mare now on the farm when she pleases and not to keep another horse on the farm after this mare dies and in case of the decease of the said Neil Morrison or of his leaving the farm, John not being thereon, in the life time of the said Catharin Morrison then she shall have the sole use and benefit of one third part of the said farm from thenceforth during her natural life unless she shall elect to leave the farm also and go to live with her brother the said Neil Morrison on such terms as may be agreed on between them it being always understood that if the said John Morrison shall thereafter claim and obtain his share of the said leasehold farm he shall afterwards give or allow half the support aforesaid to his sisters Catharin and Ann Morrison. In witness whereof the said parties to this agreement have hereunto set their hands and seals the day and year first herein written. Sealed and delivered by the said
Neil Morrison (signed)
Catharin Morrison (mark)
Ann Morrison (mark)
Donald McIntyre (signed)
Mary McIntyre (mark)
Michael Forrestal (signed)
Flora McLaren (mark) (McLellan in earlier context)
Margaret Cody (mark)
Peter Morrison (signed)