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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, 1858 purporting to be a Deed in Trust of all that certain land and premises situate at Middle Cove aforesaid in the Island aforesaid containing about forty acres more or less the same being in four several lots and thereby appointing me the said Edward Roach Trustee for and on behalf of his wife Jane Roach and his sons John Roach, Patrick Roach and Richard Roach and his daughters Jane Roach and Mary Ann Roach.
And whereas by a certain Will on paper writing bearing date 28th January 1861, the said John Roach deceased authorized 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 fit and proper unto his said wife and children.
Now this is to certify that in furtherance of the former and authority vested in me the said Edward Roach as such Trustee that the said Jane Roach wife of the said John Roach for and during the course of her natural life shall have, possess and enjoy the use and control of the dwelling home and premises she now occupies at Middle Cove aforesaid and that the said Jane Roach may by Will or Deed leave the said dwelling the said dwelling house to either two of the sons of the above mentioned as she may think fit and that the two sons who shall possess and enjoy the said dwelling house be allotted to him further in pursuance of the terms outed [sic outlined?] in all by said Trust Deed and Will on paper writing that in the event of the said John Roach, Patrick Roach, and Richard Roach not agreeing to divide the aforementioned land and property equally then and in each case they shall call in three indifferent persons whose allotment to each must be final and binding on the said parties,
And further that if any one or either of the said John Roach, Patrick Roach or Richard Roach should wish to sell dispose of or mortgage his share, a portion of said property the one so desiring to sell dispose or mortgage be passed to one of the parties mentioned and interested in the said land and premises.
And lastly, that they said John Roach, Patrick Roach and Richard Roach, their and each of their Executors and Administrators or Assigns shall pay or cause to be paid to Jane Roach wife of William Doran and to Mary Ann Roach wife of Thomas Kelly the sum of thirteen pounds six shillings and eight pence currency to each of them being in the whole the sum of forty pounds payable in three installments, the first installment to be paid in twelve months after the death of the said Jane Roach, the same installment second year after the death of the said Jane Roach and the third installment the third year after the death of the said Jane Roach.
In witness whereof I have set my hand and seal at St. John's in the Island aforesaid this seventh day of July 1877.
Edward Roach (L.S)
Signed, sealed and delivered in the presence of
Acknowledged by the said Edward Roach this tenth day of August AD 1877 at forty-five minutes after eleven o'clock A.M. and deposited for registration before me.
Note: As indicated in the Note attached to the previous document, it would appear that Jane was unhappy with some of the stipulations of the earlier one and asked that they be changed as reflected in this second (modified) document. Edward complied.
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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