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Edward Roach to Jane Roach & Others
This is to certify to whom it may concern that I, Edward Roach of St John's in the Island of Newfoundland, Yeoman, whereas John Roach late of Middle Cove deceased by one Indenture duly made and executed bearing the date the 31st day of March anno domini one thousand eight hundred and fifty-eight purporting to be a Deed in Trust of all that certain land and premises situate at Middle Cove aforesaid in the Island aforesaid containing in or about forty-eight acres more or less the same being in four several lots thereby appointing me the said Edward Roach Trustee for and in behalf of his wife Jane Roach and his sons John Roach, Richard Roach and Patrick Roach and his daughters Jane Roach and Mary Ann Roach.
And whereas also by a certain Will or paper writing bearing date 28th day of January one thousand eight hundred and sixty-one, the said John Roach thereby authorizing me the said Edward Roach to dispose of the said property mentioned in the said Trust Deed as I the said Edward Roach should deem proper to his said wife and children [for their present interest???] that the said Jane Roach wife of the said John Roach deceased shall for and during her lifetime have, possess and enjoy the use and comfort of the dwelling home and premises she now dwells in at Middle Cove aforesaid and at or before her death she the said Jane Roach may Will or leave the said dwelling house to either of her two sons within named and that the sons so named to be the owners or occupiers of the said dwelling house shall assist the third son to build and complete a dwelling house on whatever part or portion of the property that may fall on his share, further in pursuance of the said Trust Deed and Will on paper writing that in the event that the said John Roach, Richard Roach and Patrick Roach not agreeing to divide the aforementioned land and property equally between themselves peacefully and quietly then and in that case they shall call in three indifferent persons whose allotment must be final and binding on the said parties further that if any one or either of the said John Roach, Richard Roach or Patrick Roach should wish to sell dispose of or mortgage his share or portion or any part thereof the one wishing to sell, dispose of or mortgage it must be to one of the parties interested in the above land and premises. And lastly that the said John Roach, Richard Roach and Patrick Roach, their or either of their Executors and Administrators, shall pay or cause to be paid to Jane Roach wife of William Doran and Mary Ann Roach wife of Thomas Kelly the sum of thirteen pounds six shillings and eight pence each current money of the Island aforesaid, being in the whole the sum of forty pounds payable in three installments.
In witness whereof I have herewith set my hand and seal at St. John's this eighteenth day of October one thousand eight hundred and seventy-six.
Edward Roach (LS)
Signed, sealed and delivered in the presence of
Mary Ellen Lawlor
Acknowledged by the within Edward Roach this second day of November 1846 at two minutes to twelve o'clock noon and deposited for Registration before
P. Emerson Cormack [?]
Note: It appears that Jane was not entirely happy with this document. For one thing, she had obtained in her own right ten acres of land from Nicholas Walsh in Middle Cove (after John's death). She was not about to allow Edward to determine its disposition. It was not part of the original Land Grant nor the original Deed of Trust (Indenture).
Among other changes, she also wanted to vary the order of precedence for the sons - Richard [my g grandfather] was displaced by younger brother Patrick in line of succession in the second document, and the plan of payment of shares to the two surviving sisters was specified more clearly.
The Indentures come from the Supreme Court (Probate and trial Divisions for some reason). The Memorial of Indenture 1859 and the other two documents by Edward are hand written and registered - presumably by the Supreme Court - as indicated by the Colonial Secretary. There are other documents immediately before and after those in question....all entered by hand, witnessed and registered.
Page Contributed by Jim Roache
Page Revised by Ivy F. Benoit (Wednesday February 20, 2013 AST)
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