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Miscellaneous Deeds and Wills
Thomas Thistle Estate

From Misc. Wills & Deeds Books
Volume 11, page 367
Registered 1819

367

 

Be it remembered that on this fourth of January one thousand eight hundred and nineteen, the Honorable Francis Forbes Chief Justice of the Island of Newfoundland, Here Recordeth that on this day came

 

 

 

 

Newfoundland

Whereas a commifsion hath been ifsued in the Supreme Court by his honor Chief Justice wherein were named Oliver St. John, Thomas Danson and John Loyde Lilly all of Harbor Grace as special Commifsioners for and to determine by authority of the said Commifsion, Certain Rooms, Premises and Property belonging to the Estate of Thistles situated in the Town of Harbor Grace aforesaid and a true and equitable shares to be made in four distinct parts, each part bearing a due and equal Value in amount as the judgement and Wisdom of the said Commifsioners could make for and in behalf of the Heirs and Claimants on the said Estate and premises . We the undersigned being the true and lawful Heirs and claimants to the said Estate and property to be so divided and shared, do in our name for us and in behalf of our Heirs, Executors, Administrators and Assigns jointly and severally bind ourselves to be fully Content and satisfied with whatever adjustment the said Commifsioners shall do respecting the separation and sharing of the said property, and that the Lot which each party concerned shall draw for him or herself with the number specified therein shall be fully and finally binding, that the

 

 

 

368

 

part of the said premises so specified in the number of the lot, shall determine the same to be his or hers only without default, let or hinderance of any of the other Claimants concerned. In true testimony whereof all and each of on his part do bind him and herself in the full sum of One Thousand Pounds Sterling of good and lawful money of Great Britain that one and all of us do abide stand and fully satisfyed with the said Commissioners decision.

As Witnefs our hands and seals at Harbor Grace aforesaid this fifth day of September in the year of our Lord one thousand eight hundred and eighteen.

 

 

Signed sealed and
Delivered being first
Duly read to the parties
In presence of us where
No stamps are used
    Alex Campbell
    Richd Holeman

For myself and Heirs
  Racchael Machie      LS

For myself and Heirs
  Emma Gaden            LS

The Commissioners for the Heirs
Who are absent of Mrs. Catharine
Gaden & Mrs. Jane Hilliar
Deceased

 

 

Be it remembered that the four mentioned Lots to be drawn severally by each of the parties concerned namely by

Mrs. Rachael Mchie for herself & her Heirs
Mrs. Emma Gaden for herself & her Heirs
And by virtue and authority of the Commifsion of the Commissioners they appoint the following Gentlemen to draw for the Heirs of the Thistles Estate that are not present that is to say they appoint W. Alex Campbell on behalf of the Hillyers and W. Richard Holeman for the Heirs of the late Catharine Gaden. Thus done at Harbor grace this fifth day of September one thousand eight hundred and eighteen.

Approved
Oliver St. John   }
Thomas Danson } Commifsioners
Jn. L. Lilly          }

 

 

 

369

 

Lot No. 1
The property of the
Heirs of the late
Catharine Gaden by
Both her Late husbands.

The Dwelling House, wharf of Stone and one small Garden in the Large Meadow adjoining Mrs. Snnotts Garden occupied by Willm Broderick.
The three Dwelling Houses now leased to Michl Green, Randel Donavon and Thomas Martin with one Small Garden at the back of each House.
The large Potato Garden and Corn Field as the fences now stand in the occupancy of William Snnott.

Lot No.2
The property of Mrs. Rachael
Mackie and her Heirs.

The Dwelling House and Wharf in the occupancy of James Flynn, The Grove Hill comprising a Dwelling House, one out house, Two Gardens one front and one back of the Houses one Potato Garden near the Look out Rock and all the Grove land lying west of the Dwelling House, and bounded on the West by the Look out Hill, also a Potato Garden to the north of the path leading to the woods.
The Dwelling House and one Garden in front in the occupancy of Patrick Power.
The Dwelling House Two Gardens say one front & one back of said House in the occupancy of John Tobin. One Third of the Meadow uncultivated laying south of William Snnotts Garden and Corn field as of Lot No. 1

Lot No. 3
The property of the Heirs of the
Late Jane Hellyer

The Large Stone Linhay and Wharf leased to William Mullowney, The Dwelling House commonly called Keeffs House, back yard or Garden, the Garden in front of Dwelling House and the Small Garden between the Two Gardens belonging to Jas Prendergast at present.
Dawley & Lynes new Double Dwelling House and two small Gardens adjoining under lease to them.
The Dwelling House and two small Gardens east and West of said House now occupied by James Burnett.
The Dwelling House and Garden adjoining eastward leased to Daniel Green Jun.
One Third of the Meadow uncultivated & laying north of the Garden and Corn field leased to William Snnott as of Lot No. 1

 

 

 

370

 

The Dwelling House, one Garden behind, Thos St. Johns House, The Large Store on the Beach also old Stage and wharf leased the Late Joseph Byrne deceased.
A small Tenement with old Stage and Wharf leased to Thomas Foley laying West of Joseph Byrnes Stage aforesaid The Dwelling House and adjoining Store also a Garden laying South of Thos St. Johns Dwelling House and Leased to Thomas Foley. The Dwelling House and two Gardens in front and back of said House, now in the occupancy of John Muleahy. One third of the Meadow (uncultivated laying north of the Garden and Corn Field leased to William Snnott) & Lot No. 1.

Settled by the Commifsioners
The Large Field Cleared, but uncultivated laying to North West of the Grove Hill whereon James Johnstons cattle were grazing last year. The said Field to be divided in three equal parts viz.
One part of which shall be the property of Mrs. Emma Gaden and her Heirs. One part shall be the property of the late Jane Hillyer her Heirs. The remaining part as above shall be the property of the Children of The late William Gaden by Catharine his Wife.

It is also adjudged by the Commifsioners that should the Heirs of the Thistle Estate lose that property in dispute with the Heirs of James Juer Deceased, which is respecting. The small Tenement with Old Stage and Wharf leased to Thomas Foley laying West of the late Josh Byrnes Stage aforesaid, which is mentioned and taken acct. of in Lot No. 4. In such case the proprietors of Lots No.1 No. 2 No. 3 shall pay the full sum of fifty pounds Sterling to the Proprietor of Lot No. 4 each of the three paying an equal part of said sum as a full Remuneration.

By Virtue and authority of the Commifsion given to Us the undersigned, by the Supreme Court bearing date in St. Johns the Tenth day of August last past. We have adjusted the Thistles Estate as herein set forth. Given under our hands and Seals this fifth day of September 1818 In Harbour Grace Newfoundland.

 

 

 

Oliver St. John       LS
Thomas Danson     LS
Jn. L. Lilly              LS

 

 

 

371

 

 

 
I here Certify that I have drawn Lot No.1 for my part and full share of the Thistle Estate and acknowledge to be fully satisfyed therewith.  
Harb. Grace 5th Sept. 1818By appointment of the Commissioners 
      PresentI have drawn No. 1 for Mrs. Catharine  
Mw. Stevenson Gaden’s Heirs  
       Richd Holeman  

 

I here Certify that I have drawn Lot.2 for my part & full share of the Thistle’s Estate and acknowledge to be fully satisfyed therewith.
 
Harb. Grace 5th Sept. 1818for myself and Heirs 
      PresentRachel Machie  
Mattw. Stevenson   

 

I here Certify that I have drawn Lot No. 3 for my part & full share of the Thistle’s Estate and acknowledge to be fully satisfied therewith.
 
Harb. Grace 5th Sept. 1818By appointment of the Commifsioners 
      PresentI have drawn No.3 for the Heirs of 
Mattw. Stevenson the late Mrs. Jane Hyllard  
  Alex Campbell  

 

I certify that I have drawn Lot.4 for my part & full share of the Thistle’s Estate and acknowledge to be fully satisfied therewith.
 
Harb. Grace 5th Sept. 1818For myself and heirs 
      PresentEmma Gaden  
Mattw. Stevenson   

 

The Three Shares divided from the uncultivated field situated to the North West of the Grove Hill as expressed by the Commifsioners in Sheet No. 3 –
So say

No.1
The property of
Mrs. Rachel McKie
and her Heirs

extending in Length from S. E. to N. W. the whole length of said field being the South division according to the land marks placed to denote the same.

 

 

 

372

 

No.2
The property of the Heirs
Of the late William
Gaden
by his
Wife Catharine

Extending from S. E. to N. W. the whole length of said field bounded on the South by the Lot No.1 & on the North by Lot No.3 according to the land marks placed to denote the same

No.3
The property
Of the Heirs of
The late Mrs.
Jane Hellyer

Extending from S. E. to N. W. the whole length of the field Being the Northern division & bounded on the South by Lot No. 2 according to the lands marks placed to denote the same

The exact Divisions and Shares made by the Commifsioners of the Thirds of the large Meadow uncultivated situated to The North of Willm Snnotts Potatoe Garden & Corn field.

Lot No.1 Western
The property
Of the Heirs
of the late
Jane Hellyer

Extending the full length of the whole field from N to S breadth from W to E at the South end Twenty seven & 1/3 yards – At the North end leading from W to E Twenty four yards

Lot No.2
The property
Of Mrs. Emma
Gaden
and her
Heirs

Middle division extending the full length of the whole field from N to S breadth from W to E at the south end Twenty seven & one third yards & At the North end, leading from W to E Twenty six yards.

Lot No.3
The Property
of Mrs. Rachel
McKie
and
her Heirs

Extending the full length of the whole field from N to S. breadth from W. to E at the South end Twenty seven and & one third Yards & at the North end leading from W to East Thirty five Yards.

The commifsioners do here agree to leave a path way of access to the lot No.2. to say the Center division whoever the Said lot shall fall to – which path way shall enter at the East end leading along the South end of Lot No. 3 close to William Snnotts fence, which path shall not be lefs in breadth than Eight feet and shall extend over the Lot No.3 for the full space of Twenty seven & one third yards having left a sufficient space at the North end of Lot No.3. to equal & be equivalent to the space allowed for the said path.

 

 

 

 

373

 

The Commifsioners further agree in having shared in three parts the large field situated at the N.W of the Grove Hill each lot bearing proportion as nearly as could be possibly judged, owing to the several Angles formed within the boundary of said field.

This done at Harbor-grace the Eleventh day of September One thousand eight hundred and eighteen As Witnefs our hands and seals

 
   Oliver S. John             LS
   For John Loyd Lilly
& Self Thos. Danson   LS
 

The Commifsioners do further agree respecting that part of the Meadow laying North of the Garden and Corn Field leased to William Snnott, bounded on the North by the Brook which is in said lease, and now divided in three parts, the rent of the whole during said lease, we value at One Pound Ten shillings per Year, which sum is to be paid by William Snnott deducting the same from the full Rent which said Willm. Snnott now pays for the whole premises, which said sum is to be thus shared viz. –   To be paid to Mrs. Rachel McKieor her Heirs Twelve shillings per year to be paid to Mrs. Emma Gaden or her Heirs Ten shillings per year, and to be paid to the Heirs of the late Mrs. Jane Hellyer Eight shillings per year. Thus done at Harbor Grace the Eleventh day of September One thousand eight hundred and eighteen. As Witnefs our hands and Seals

 
   Oliver S. John              LS  
   For John Loyd Lilly
& Self Thos. Danson    LS
 
 

Let the annexed Instruments of writing be Recorded in His Majesty’s Supreme Court, Saint Johns Newfoundland. Book of Inrollments G.G. folios 367. 368. 369. 370. 371. 372 and 373.
Saint John’s January 4th. 1819.

 

 

 

Note: The wills and deeds in these will books are NOT original documents. They are hand-written copies of a, "last will and testament, deed, etc. " written by the court clerk, after the death of the testator, when the executor presented them to the court for probate, or after a deed was registered. The court clerk just put them in the book in whatever order they were in, no spacing most of the time, no punctuation. The originals were kept by the executor, or lawyer.

We who have typed these wills, have made every effort to include all the errors that were on the microfilm,or photocopy in order to avoid destroying the integrity of the originals, where ever they may be.

Page Contributed & Transcribed by Craig Peterman (January 2004)

Page Revised by Ivy F. Benoit (Wednesday February 20, 2013)

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