Robert Rennie Releases Lot 23 Land from DSR estate to Susan Rennie - R.G.16 Registry Office Liber 87 p.702-709
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situate in Prince Edward Island aforesaid And Whereas the said David Stuart Rennie duly made signed and published his last Will and Testament in writing bearing date the second day of June in the year of our Lord one thousand Eight hundred and fifty six and after bequeathing the Sum of One hundred pounds to his brother William Frederick Rennie and a like sum to his brother the said Robert Rennie did thereby devise and bequeath the remainder of his Real and Personal Estate of Every description to his Executor therein after named and his heirs Upon the Trusts therein declared that is to say in case the Testator should die before his wife the said Susan Rennie leaving no children Upon trust to pay assign convey and appropriate one third of his Real and Personal Estate to his wife the said Susan Rennie and her heirs for ever to pay and appropriate the rents issues and profits of the remaining two thirds to the extent of an annuity of Seventy pounds Sterling per annum to the said Robert Rennie for the term of his natural life and the excess beyond such annuity during the life of the said Robert Rennie and the whole of such rents issues and profits after his death to the use of the said Susan Rennie during the term of her natural life and after her death to pay assign convey and appropriate the remaining Two thirds Subject Nevertheless to the aforesaid annuity to the said Robert Rennie should he then survive to and among the children and grandchildren of the said Testator's father thence Surviving and their heirs in such proportions as the said Susan Rennie by her last Will to be signed in the presence of two Witnesses should direct and appoint and in default of any such appointment to and among such children and grandchildren pursuant to the Statute of Distributions but in the event of the said Susan Rennie dying in the lifetime of the said Testator There Upon the further Trust to pay assign convey and appropriate one half of the said testators Real and personal and Real Estate unto and to the use of the children of the said William Frederick Rennie by his wife Catherine Rennie or McNabb Surviving at the death of the said Testator and their heirs equally and to pay and appropriate the rents issues and profits of the remaining half part unto and to the use of the said Robert Rennie during his life and after his death unto and to the use of his children and their heirs but in the event of the said Robert Rennie dying leaving no children him surviving there unto and to the use of the said William Frederick Rennie and his heirs forever And the said Testator did then appoint Hugh W Hoyles Executor of his said last Will and Testament and thereby lastly declared that in case any child or children should be born to the said Testator after the date of the said Will who should survive at his death the said last Will and Testament should become void and of no effect And Whereas the said Testator David Stuart Rennie died on or about the sixth day of February in the year of our Lord one thousand Eight hundred and Sixty five without having altered or revoked his said last Will and Testament having no children but leaving his wife the said Susan Rennie him Surviving And Whereas the said Hugh W Hoyles renounced the Office of Executor of the said Will and refused to take upon himself the lendetterie<<??>> of the Execution thereof And Whereas the Surrogate and Judge of Probate of the said Island did therefore on the twenty ninth day of April in the year of our Lord one thousand Eight hundred and Sixty five grant Letters of Administration cum testamento annexo to the said Robert Rennie And Whereas the said Hugh W Hoyles refused to accept the said Real and Personal Estate by the said herein before recited Will to him directed and bequeathed as aforesaid or to act or intermeddle in the trusts thereof And Whereas the said Susan Rennie thereupon did exhibit her bill of complaint in Her Majesty's Court of Chancery of Prince Edward Island against the said Hugh W Hoyles setting forth the said herein before recited Will and that the said Hugh W Hoyles had refused to act in the Trust thereof and was desirous of being discharged thereofcorse<<??>> but by reason of the said Will containing no power to appoint a new Trustee praying that it might be referred to one of the Masters of the said Court to appoint a New Trustee under the said Will in the place and Stead of the said Hugh W Hoyles and that the said Hugh W Hoyles might be directed to join in such instrument or instruments as might be necessary for conveying and releasing the said Trust Estate to such new Trustee upon the Trusts of the said Will and therefore that the said Hugh W Hoyles might be discharged from the Trusts thereof And Whereas the said Hugh W Hoyles having caused an appearance to be entered for him at the suit of the said Susan Rennie in the said Court of Chancery made answer therein admitting the truth of the matters in the said Bill of Complaint of the said Susan Rennie contained and set forth And did thereby disclaim all right title and interest in and to the said Estates devised and bequeathed to him in and by the said herein before recited Will And expressed his desire to be discharged therefrom and to do any Act for that purpose as the Court should direct And Whereas the said Court of Chancery did thereupon order and direct that it be referred to Mr Haviland one of the Masters of the said Court to appoint a proper person Trustee of the Will of the said David Stuart Rennie in the place of the said Hugh W Hoyles And that the said Hugh W Hoyles should convey and assign the Trust Estate vested in him by the said Will to the Trustee so to be appointed upon the Trusts declared by the said Will concerning the same or such of them as are now subsisting or capable of taking effect and that such conveyance and assignment be settled by the said Master And Whereas the said Master in pursuance of the said order and by his report bearing date the fourth day of November in the year of our Lord one thousand Eight hundred and Sixty five and duly filed in the office of the Registrar of the said Court of Chancery did appoint the said Robert Rennie to be a Trustee of the said Will of the said David Stuart Rennie deceased And Whereas by Indenture bearing date the Nineteenth day of April One thousand Eight hundred and Sixty six and made between the said Hugh W Hoyles of the one part and Robert Rennie of the other part (and which said Indenture was settled and approved by Master Haviland as appears by his Certificate Signed with his hand and written in the Margin of the said Indenture now in recital) He the said Hugh W Hoyles in pursuance of the direction of the said herein before recited order of the said Court of Chancery and in obedience thereto did grant release and convey unto the said Robert Rennie and his heirs all the hereditaments and premises and all and Singular other the Real Estate situate in Prince Edward Island by the said herein before recited Will devised and expressed to be devised to the said Hugh W Hoyles his heirs and assigns to hold the same unto the said Robert Rennie and his heirs to the uses herein after declared that is to say to the use of the said Robert Rennie his heirs and assigns for the trusts intents and purposes and with under and subject to the powers provisions and declarations upon with under and subject to which the said hereditaments and the said Real Estate therein before released or expressed and intended so to be would have stood and be subject to under and by virtue of the said Will in case the said Hugh W Hoyles had not disclaimed and the said Indenture now as recited had not been made and Executed and as fully to all intents and purposes as if the said Robert Rennie had been originally made a Trustee in and under the said Will instead of the said Hugh W Hoyles and the name of the said Robert Rennie had accordingly been in the said Will instead of the name of the said Hugh W Hoyles And whereas the said Robert Rennie accepted such Trust and testified his acceptance their of being a party and Excepting such last mentioned Indenture and took upon himself the burden of the Executence of the Trusts of the said recited Will And Whereas the said Real Estate so devised as aforesaid at the time of such devise was and still is divided into separate farms in all as of from fifty to sixty acres of land leased to one hundred and Sixty Eight tenants or occupiers thereof paying thereof a yearly rental varying from one shilling to two shillings per acre per annum and that the said Robert Rennie being desirous of Executing a conveyance to the said Susan Rennie of one third of the said Real Estate as directed and required by the said Will so to do but that in as much as the said Will contained no directions as to what portion of the said Estate was to be so conveyed for such one third part and as the said Robert Rennie was wholly at a loss to know in what manner to divide such Estate the said Robert Rennie applied by Petition to the said Court of Chancery Setting forth his readiness and willingness to Execute the said Trusts and praying the action and assistance of the said Court to enable him the more fully to carry out the intentions of the said Testator And Whereas the said Court of Chancery did thereupon by an order bearing date the twenty first day of June one thousand Eight hundred and sixty six order and direct (the Solicitor of the said Susan Rennie appearing and consenting thereto) that it be referred to one of the Masters of the said Court to examine the Places and Rent Rolls of the said Estate to be produced before him and to report to the said Court touching the mode of dividing the said Estate as might enable the said Robert Rennie to act in the matter as in justice and Equity ought to be done And Whereas Master Longworth one of the Masters of the said Court of Chancery did in pursuance of the said last named order by his Report bearing date the thirty first day of December one thousand Eight hundred and Sixty six duly filed in the Office of the Registrar of the said Court of Chancery recommend that the section or division of the said Estate marked A on the Place of the same to the said Masters Report annexed and whereof a true copy is also hereunto annexed be allocated or appropriated as the third part of the said Estate to be held by the said Susan Rennie in fee simple which said Estate Report has been duly allowed and confirmed by the said Court of Chancery Now This Indenture Witnesseth that in pursuance of the premises<<?>> and of the said last named Order and Report and in consideration of the sum of Ten shillings to the said Robert Rennie by the said Susan Rennie in hand well and truly paid at or before the Ensealing and delivery of these presents the receipt whereof is hereby acknowledged (these presents having been duly settled and approved by Master Longworth one of the Masters of the said Court of Chancery and as more fully appears by the said Masters Certificate Signed with his hand and written in the margin of these presents He the said Robert Rennie Hath granted released appointed and confirmed and by these presents Doth (by way of conveyance only and not for or by way of Warranty of title) grant release appoint and confirm unto the said Susan Rennie her heirs and assigns All those several pieces parcels or trusts of land Recorren<<?>> and marked as Section or Division A on the Place thereof hereunto annexed and mentioned and described as Section or Division A in the last herein before recited Report of Master Longworth and which said several tracts pieces or parcels of land are bounded and described as follows that is to say commencing at South west angle of Lot or Township Number Twenty three (23) thence according to the Magnetic North of the year 1764 North along the division between Lot or Township Number Twenty (23) and Lot or Township Number Twenty two (22) for the distance of two hundred and Eighty one (281) chains and Thirty (30) links to the division line of land in the occupation of Edward Way and William Silliphant thence East along same Forty five (45) chains to the Rennie Road thence along said Road South for the distance of thirty one (31) chains and twenty (20) links thence East forty two chains thence South twenty two chains and Seventy five links thence South East fourteen chains thence North thirty two chains and fifty links (32,50) Hence East five chains and fifty links (5,50) thence South thirty Eight (38) chains thence South west fifty two chains to the Malpeque Road thence following the course thereof South Eastwardly Nine (9) chains Hence North East Fifty (50) chains thence South East Eleven (11) chains thence North East two chains and fifty links Hence South East Sixty one (61) chains Hence South ten degrees East twenty five (25) chains thence South thirty three degrees East twenty one (21) chains or until it meets the Road leading from the Malpeque Road to Bungay thence North Sixty Eight (68) chains to the division line of land under lease to John Way and Samuel Cann thence along the same North fifty nine degrees East thirty one chains and fifty links to the division line between the said Lot or Township Number Twenty three (23) and Lot or Township Number twenty four (24) thence along the said division line South One hundred and nine (109) chains thence South East twenty six chains and fifty links (26,50) Hence South west fifty one chains along Thomas Drummond's South East boundary to the Malpeque Road thence along the said Road South Eastwardly Eleven chains and Sixty links (11,60) thence South fifty five degrees West forty nine (49) chains to the Southern boundary of said Lot or Town- ship Number Twenty three (23) on which boundary there is a Road called Stuart Road thence following the course of the same West for the distance of Ninety six (96) chains to the South East angle of John McInnis freehold thence continuing the same Southwestwardly fifteen (15) chains and also North- westwardly twenty six (26) chains or until the said Road intersects the said Southern division line of Lot or Township Number twenty three aforesaid thence along the same west twenty (20) chains to a squared stone at the place of commencement the said described tract of Land embracing the following list of Tenantry that is to say: Duncan Nicholson Forty four (44) acres Donald McLean Forty Eight (48) Acres Donald Campbell Sixty and one half (60 1/2) acres Murdoch McPherson one hundred and one (101) acres Malcolm McKinnon Fifty five (55) acres Lauchlan McLeod thirty Eight (38) acres Archibald McPherson Fifty nine and a half (59 1/2) acres and Fifty one (51) acres Donald Mathewson (Neil) Sixty (60) acres Norman Campbell one hundred and Eleven (111) acres Robert Carr Fifty one (51) acres John F Carr thirty three (33) acres Donald McLeod Twenty nine (29) acres John Miekle Fifty (50) acres John Welsh Sixty two (62) acres Isaac Oxenham Fifty (50) acres John McGilveray Sixty nine and a half (69 1/2) acres Jabey Newberry Seventy (70) acres Mrs McLauchlan Sixty (60) acres Robert Carr Seventy (70) acres Angus Beaton Fifty two and a quarter (52 1/4) acres Lauchlan McLeod Fifty (50) acres Widow McKinnon Fifty one and three quarter (51 3/4) acres William Harris Fifty one (51) acres and Fifty (50) acres Emanuel Jewel Seventy five and three quarter (75 3/4) acres Hugh McKinnon one hundred (100) acres Emanuel Jewel Junior one hundred (100) acres William McKinnon Seventy five (75) acres Samuel Silliphant Fifty (50) acres Malcolm McKinnon Twenty six (26) acres William Burnard twenty five (25) acres Ewen Mc Kinnon Forty and one quarter (40 1/4) acres Nicholas Wickham Fifty three (53) acres Richard Goss one hundred and seven (107) acres James Devine Five and a half (5 1/2) acres Kenneth McDonald Fifty (50) acres John Meikle Fifty three (53) acres Peter Meikle Fifty (50) acres Colin McKinnon Sixty and a half (60 1/2) acres Thomas Drummond One hundred (100) acres William Brimacomb Ninety (90) acres Archibald McPherson Fifty (50) acres William Bernard Fifty one and a half (51 1/2) acres John Winnacott Seventy nine (79) acres John Rattenberry Sixty and three acres and Benjamin Rattenberry Fifty (50) acres Christopher Proudfoot one hundred (100) acres John Martin Fifty five (55) acres Ewen McKinnon Fifty two (52) acres William Silliphant Forty (40) acres David Silliphant thirty one (31) acres William Arbing Seventy three and a half acres (73 1/2) Murdock McKinnon one hundred and Seven (107) acres Samuel Silliphant one hundred and thirteen (113) acres James Patterson one hundred and thirteen (113) acres John White Forty five (45) acres and William Silliphant Forty five (45) acres And also the following List of Freeholders embraced in the above description all exempt and written "Free" on the margin of the Place of the said premises hereunto annexed that is to say William Meikle Sixty (60) acres John McInnis one hundred and two (102) acres John Dark Thirty seven (37) acres William Harris Twenty six (26) acres Archibald McPherson one hundred (100) acres John F Carr Sixty five (65) acres Hugh Oxenham sixty five (65) acres Donald Wares one hundred (100) acres Murdoch McKinnon one hundred and seven (107) acres as by the said Plan in the Margin of these presents reference being thereto had will more fully appear. Together with all and Singular the rights privileges Easements profits members and appurtenances to the same lands hereditaments and premises belonging or in anywise appertaining or reputed or decerned<<??>> to be or with the same or any of them now or heretofore holden used occupied possessed or enjoyed and the Reversion and Reversions Remainder and Remainders Rents issues and profits thereof and of every part thereof To have and to hold the said lands hereditaments and premises herein before granted and released or mentioned or intended so to be with their and every of their rights members and appur- tenances unto and to the use of the said Susan Rennie her heirs and assigns for ever And the said Robert Rennie for himself his heirs Executors and administrators Doth hereby covenant declare and agree to and with the said Susan Rennie her heirs and assigns that he the said Robert Rennie hath not at any time heretofore made done Executed or knowingly suffered omitted or occasioned nor caused or procured to be made done committed executed or omitted or been party or any act deed matter or thing whatsoever whereby or by reason or means whereof the lands hereditaments and premises hereinbefore granted and assured or intended so to be or any of them or any part thereof or any of the appurtenances thereto are is or care or may be impeached charged see encumbered or prejudicially affected in any manner howsoever In Witness Whereof the said parties to these presents have hereto set their hands and Seals the day and year first hereinbefore written Signed Sealed and delivered by the within named } Robert Rennie
Dated 1 Feby 1867
Robert Rennie
To
Susan Rennie
Release
Registered 25 May 1867
at 12 OClock all on the
Ack.net of Robert Rennie
John A. Duigueste, RegistrarThis Indenture made the first day of February in the year of our Lord One thousand Eight Hundred and Sixty Seven Between Robert Rennie of Charlottetown in Queens County in Prince Edward Island Esquire of the one part and Susan Rennie of the City of London in that part of the United Kingdom of Great Britain and Ireland called England of the other part Whereas David Stuart Rennie was in his life time and at the time of his decease hereinafter mentioned seized in fee simple and possessed of direces<<?>> Real and personal Estate
in the presence of Robt Stewart }Robert Rennie <<LS>>
of Charlottetown P.E. Island Attorney at Law } Signed Sealed and delivered by the within named }Susan Rennie <<LS>> Susan Rennie in the presence of Thos Row }
This conveyance has been settled and assured by me which I hereby certify J. Longworth Master in Chancery Prince Edward Island Feby 1st 1864 " "