No 583
Liber 12, Folio 688-692Dated 28th April A.D. 1880
Ellen his wife, Bernard Loughran of Orwell in the said Island and Ann Loughran, his wife, Peter Mullin [Mullen] of Kensington in the said Island and Betsey, his wife of the one part, and Francis McKenna of Lot or Township number Thirty-seven in the said County and Island, Farmer, of the other part. Whereas the said Francis Kelly departed this life seized in fee simple of the land hereinafter described and by his last will and Testament dated the Third day of April, A.D. 1879, after making certain specific devises, devised all the residue of his Real and personal estate to his wife, the said Sarah Kelly of which the lands hereinafter described form part for the term of her natural life and then that she should dispose of it as she should see fit, subject, however, to the payment of certain bequests therein mentioned.
Sarah Kelly and others
To
Francis McKenna
Conveyance
Registered 21st May A.D. 1880
at 12:15 o'clock P.M.
on oath of Bernard O'Callaghan
and annexed Certificate
(can't read name)
RegistrarThis Indention made the Twenty-
eighth day of April in the year of Our
Lord, one thousand and eight hundred
and eighty Between Sarah Kelly of
Fort Augustus in Queens County in
Prince Edward Island, widow of the
late Honorable Francis Kelly, Mary
Kelly, Sarah Kelly, Susan Kelly, Lucius
O. Kelly, James E. Kelly and Mary
Kelly, his wife, all of Fort Augustus
aforesaid, John Kelly of Charlottetown
in the said County and Island, and
AND WHEREAS, the said Sarah Kelly has contracted and agreed to and with the said Francis Kelly (sic) for the sale to him of the said land hereinafter described, and doubts having arisen as to the power of the said Sarah Kelly to dispose of the said land absolutely, she has requested the said parties of the first part being the heirs and next of Kin of the said Francis Kelly to join in this conveyance for the purpose of giving the said Francis McKenna a good value and indefensible estate in fee simple, freed and discharged from all charges and encumbrances of what kind or nature soever.
Now this Indention Witnesseth that in pursuance of the said agreement and in consideration of the sum of Seven Hundred Dollars to the said Sarah Kelly in hand, well and truly paid by the said Francis McKenna, this receipt whereof she the said Sarah Kelly Doth hereby acknowledge, she, the said Sarah Kelly, Hath granted, released and confirmed and by these presents Doth grant, release and confirm, and the said Sarah Kelly in pursuance of the power on her conferred by the said will and of all other powers in that behalf enabling, Doth grant, limit and appoint and the said Mary Kelly, Sarah Kelly, Susan Kelly, Lucius O. Kelly, James E Kelly, John Kelly, Bernard Loughran and Ann Loughran, his wife, Peter Mullin and Betsey Mullin [Mullen] in further consideration of the premises, Have and each of them Hath granted release, quitted claims and confirmed and by these presents, Do and each of them Doth grant, release, quit claim and confirm unto the said Francis McKenna, his heirs and assigns, and the same Mary Kelly, wife of the said James E. Kelly, and Ellen Kelly, wife of the said John Kelly, Doth hereby release their and each of their right of Dower unto the said Francis McKenna, his heirs and assigns:
ALL that tract, piece or parcel of land situate, lying and being on Lot or Township number Thirty-seven in Queens County aforesaid, Bounded and described as follows: that is to say, Commencing on the North side of the McKenna Road at the angle it makes with the East side of the Dromore Road and thence running North along the said Dromore Road to land in possession of Patrick McKenna and thence running East along said McKenna's Southern boundary line to the west side of the Pisquid Road and thence South Westerly along said Pisquid Road to the North side of the said McKenna Road and thence Westerly along the said McKenna Road to the place of commencement containing by estimation one hundred and three acres of land, a little more or less, Together with the rights, privileges, easements, advantages and appurtenances whatsoever to the said hereditaments belonging or in anywise appertaining or thereunto now or heretofore holdon, (?) used, occupied or enjoyed;
To Have and to Hold the said messuages and tenements, land and hereditaments and all and singular other, the premises hereinbefore granted, appointed and released or expressed and intended so to be with their appurtenances unto and to the use of the said Francis McKenna, his heirs and assigns forever.
And the said Sarah Kelly, Lucius O. Kelly, Mary Kelly, Sarah Kelly, Susan Kelly, James E Kelly, John Kelly, Bernard Loughran, and Peter Mullin Do hereby for themselves, their heirs, executors and administrators jointly and any other (??) than four, five, six, seven, eight, or nine of them jointly and each of them, Doth hereby for himself respectively and for his respective heirs, executors and administrators, covenant, promise and agree with and to the said Francis McKenna, his heirs and assigns, in manner and form following, that is to say, that it shall and may be lawful to and for the said Francis McKenna, his heirs and assigns, from time to time and at all times thereafter peaceably and quietly to enter into and upon and to have, hold, occupy, possess and enjoy the said messuages, lands and other hereditaments hereinbefore granted, released or expressed and intended so to be with their appurtenances and to receive and take the rents, issue and profit thereof and of every part thereof, to and for their proper use and benefit without the lawful let, suit, trouble, denial, eviction, interruption, claim or demand whatsoever of or by them, the said Sarah Kelly, widow of the said Francis Kelly,
Mary Kelly, Sarah Kelly, Susan Kelly, daughters of the said Francis Kelly, Lucius O. Kelly, James E. Kelly, John Kelly, Bernard Loughran, Ann Loughran, Peter Mullin, Betsey Mullin, them or either of their heirs or assigns or of or by any other person lawfully or equitably claiming or to claim by, from or under the said Will or in any manner or way whatsoever. In Witness, Whereof the said parties to these presents have hereunto their hands and seals, subscribed and set the day and year first above written.
Signed, sealed and delivered in the presence of, by the said Sarah Kelly, Mary Kelly, Susan Kelly, Sarah Kelly, Lucius O Kelly, J. E. Kelly, Mary Kelly, his wife John O Kelly and wife, Bernard Loughran and wife.
Bernard O'Callaghan
$700.00Received on the day of the date of the within written Indention of and from Francis McKenna within named the sum of Seven Hundred Dollars of lawful current money of Canada being the full consideration money within mentioned to be paid by him to me. Sarah Kelly, widow.
Lucius O Kelly, witness.
B. O'Callaghan (sworn)This Deed was acknowledged before me by Mary Kelly, wife of James E Kelly within named apart from her husband to have been voluntarily executed by her and that she was aware of the nature of the contents thereof. Dated this nineteenth day of May, A.D.1880
Bernard O. Callaghan, J. P. for Queens County.
This Deed was acknowledged before me by Ellen Kelly, wife of John Kelly therein named apart from her husband to have been voluntarily executed by her and that she was aware of the nature of the contents thereof. Dated this twentieth day of May A.D. 1880
Bernard O. Callaghan, J.P. for Queens County.
This Deed was acknowledged before me by Ann Loughran, wife of Bernard Loughran, therein named apart from her husband to have been voluntarily executed by her and that she was aware of the nature of the contents thereof. Dated this twentieth day of May A.D. 1880
This Deed was acknowledged before me by Betsey Mullin, wife of Peter Mullin, therein named apart from her husband to have been voluntarily executed by her and that she was aware of the nature of the contents thereof. Dated this 14th day of May A.D. 1880.
Thomas H. Sims, J.P. for Prince County.
On the 14th day of May, personally appeared before me, Peter Mullin of Kensington, Lot No. Nineteen and acknowledged that he did freely and voluntarily execute the within written deed or writing to and for the uses and purposes therein mentioned.
Thomas H. Sims, Commissioner for token acknowledgments to Deeds for Prince County
[No mention is made of Thomas Kelly, son, East Boston, nor Margaret Kelly, daughter, wife of Owen Dougherty, North Easton, Mass.]
Signed and sealed:
Sarah Kelly,
Mary Kelly,
Susan Kelly,
Sarah Kelly,
Lucius O. Kelly,
Mary Kelly,
John O Kelly (?)
Helen Kelly (?)
Bernard Loughran,
Ann Loughran,
Peter Mullin
(Betsey did not sign.)
James E. Kelly,