Kelly Deeds

Location: Westmorland, New Brunswick, Canada
Surnames/tags: Kelly Kelley

Contents 1 Kelly Deeds in Westmorland 1.1 Deed 68.330 William Hannigan & Mary Kelly 1.2 Deed 68.331 James Kelly & William Hannigan 1.3 Deed 68.331 James Kelly & Andrew Hannigan 1.4 Deed 69.152 James J. Kelly & Robert W. Kelly 1.5 Deed 70.848 Philip Kelly & John W. Kelly 1.6 Deed 71.127 John W. Kelly et al & N.S. Permanent Benefit Fund 1.7 Deed 71.161 Philip Kelly & James Renton 2 Sources

Kelly Deeds in Westmorland

With the dates being about 1900, I believe these are for the generation of John Kelly and siblings or children.

Deed 68.330 William Hannigan & Mary Kelly

on FamilySearch

• Transcribed by Tomaszewicz-6 free to PM me with suggested corrections.

Kelly Deed 1: side note 68:330 page 626 start half way down Spec Hannigan etal To And Hannigan Registered Mch (March) 21st 1898 at 12:30P.M M Bachlouise Registrar

Beware all seen by these present that William Hannigan of St.

Stephens in the county of Charlotte and Province of New Brunswick farmer

and Elizabeth his wife Jane Carroll and Jeremiah A. Carrol her husband

of the same place. Julia Marsell of Portland in the State of Maine one of

the United States of America, widow?. Catherine Gerard and Kal _ oles

J Gerard her husband of the same place. Mary E. Kelly and William

C. Kelly her husband of the same place. Julia A McDecestt of the

same place, Sylvester Dennis Hogaurd of Neassotase in the County of

Westmoreland in said Province of New Brunswick and Jesse his wife

William Hannigan of the same place. Mary Joyce and Joseph Joyce

her husband of the same place Susan Carrol and Frederick Carrol

her husband of the same place Julia Walsh and Robert Walsh

husband of the same place. John Hannigan of Sacthe

Bessmer in the said Trace of Maine and Allissa his wife George

Hannigan of Watersville in the said Tract of Maine. Margaret

Grattan and John Grattan ^her husband^ of Pictou in the Province of Nova Scotia

Laura Powers and David Power her husband of Oxford in the same

Province and Catherine Connelly and Martin Conneley her husband

of Montreal in the Province of Quebec herinafter called the

Granters for andin consideration of the sum of one dollar

taken in hand well and duelly paid by Andrew Hannigan

of Buchanekoz in the country of Kent and Province of New Brunswick

Hotel Keeper the receipt whereof is duely ass acknowledged lease  ?

granted Bargained sold recorded? released and quick claimed and by these Present do grant bargain sell revise release And quick claim with the said Andrew Hannigan his heirs and

pg 627

assigned all their right will and interest in and to the following

lands and premises That piece are parcel of land situated lying and being

? the North side of the Big Bouctouche River in the country of Kent and

Province of New Brunswick and on the Lesser side of the Road leading

from Bouctouche Village to St Margs Canada Island desonated as fall

and beginning at the lines between lot Number nine and Number Eighty

and measuring along the said road fourty six feet to meet the station

street thence following the said Station Street including his?

lots following said Station Street of sixty two feet and thirty five feet

thence following the line between lot Number Eighteen and lot Number nineteen measuring along said leve sixty five degrees North thence ….. cy the lease of lot number nineteen of and numbers sixteen and Seventeen  ?leasing of fourty eight feet to meet the line of lot number nine thence following said line to meet that a forsaid Station Street Measuring Ninty Three feet distinguished as lot number eight and lot number ninteen the tols and premisis coveraged by Scegcasse LeBlanc and Alisian J LeBlace her Husband cotkelad James Hannea gave deceased in ? Life  ? by deed dated March Fifteenth in the year of our Lord one thousand eight hundred and eighty sixths? … recorded in the Office of the Registrars of Deeds of the Canada of Kent in Pook. H. No 2. filed 80 teycke November 15. 680 april 1st 1889, also two other lots of land situated on the west side of the ? road in the Parish of Motcan and country of West morland and being of ? Westerly by Lands of R. C. Donald and fasash Steenes Northerly by lands formerly owned by the Man? Gas Light and Water Company near bay the lecty of Mandran sanctheoly by lands of the Widard Kennedy and the lecf Manso?

Formerly owned by said Company and Eascealy by said Sabastioan

road san… cy about an abandond acres  ?? the other bounded Northeasterly by lands formerly assesed by said Mouer tase Gas Light and Water Company road by the city of Neanocan ?erly by other lands fouerly assessed by said Company and now by said City and Cartouly by the said Sabastian road re g to a pres… t talke South  ? of about twenty acres more? Or Less being a portion of the lands formerly conveyed by John Hennipherson to ? Said James Hannigan in his life time. Together with all the  ??? and impertinences and all the estate right will interest damar right of couate claims and assesssed of

the said Guasuars ofias or Tratke said described and bargained Premises with the appurtenances To have and to hold the said lots pieces and parcels of land and premiseses haveley ? Jinced  ? and sold or meaed ? As intended so to be and every purchased parcel thereof with the apperten- ances sold the said Andrew Hannigan his heirs and assig? To the duely proper use certified and behaof of the said Andrew Hannigan his heirs ? Farmer be Witness whereof the said grantors leave her? Set their hands and seals this thirty first day of July in the year of our lord one Thousand …. page 628

and eight hundred and Nintey Seven [1897] Signed Sealed and Delivered in the presence of the words granted and “Gra??” and first page being first underlined, ?…?…? of William Hannigan Elizabeth Hannigan Jane Carrol and Jeremiah A Carrol L.A. Mills Witness to signatures of Catherine Gerard Mary E. Kelly Julia A. McDauott William T. Kelly. Edwine E Heakhert Witness Signatures. Davis Hannigan Jane Hannigan, William Hannagan Mary Joyce Joseph Joyce Susan Carrol and Fredleaual R. A. Boudeu In presence of R. A. Baudan Witness to Signatures Julia Walsh Robert Walsh and George Hannagan R. A. Borden Witness to signatures of John Hannigan and Bene Hannagana V H Muttce? [Continued top right of squiggle mark] William Hannagen L.S. Elizabeth Hannagan L.S Jane Carroil L.S. Jeremiah A. Carrol L. S Catherine Gerard L. S. Mary E. Kelly L. S William T. Kelly L.S Julia A. McDanial L.S Davis Hannigan L. S Jane Hannigan L.S William Hannagan L. S Mary Joyce L.S Joseph Joyce L. S. Susan Carrol L.S Fred Carrol L. S. Julia Walsh L. S Robert Walsh L. S John Hannigan L. S Bruce Hannigan L. S Geo. Hannigan L. S Margaret Grattass L. S John Grattan L. S Laura Power L. S David Power L. S Catherine Conlay L. S. Martin Conley L. S ...continued below squiggle: Witnessed to signatures of Margaret Gaottance and John Gauottase William A Dickson Witness to signatures of Catherine Conley and Martin Conley Ed? B Busteed Canada Province of Nova Scotia County of Pictou Be it remembered that at this Twenty third? Day of September AD. 1897 at Pictou aforesaid before me a Notary Public of said province declared appointed and elected and service residing and purectiseced of an Pcotanse aforesaid personally saw and appeared Margaret Gusttan and John Guattace her husband two of the grand?? withness ? Jane acknowledged the  ? witnesses cassmey accel to lie thence respective of said deeds executed by these andfor the uses and purposes therein named and I do herely certify that the said Margaret Guattase being lcy will essaniceces Separate and of said fi bear said carrole such as k? That she so signed sealed executed and delivered the same freely and colandusly …. feard the reast ate co psoclsiace of ate faceacs filed said ? Testimony whereof The said Nala….. …….. aforesaid this 23rd day of September AD 1897 L. S. William A Dickenson Notery Public Pictase Nova Scotia

Canada Province of New Brunswick Canada of Charlotte

be it remembered that at the Decease of Samuel Stephan in the County of Charlotte before wil Lesairss A. Mills a- Notery Public of said Province duely appointed and service residing and practicing in said L? Of samual Stephen personally ? And appeared and the Second day of October AD 1897. The ? Aforeganig coscuacy  ? to be Theare several acts and deeds Signed sealed executed and delivered by thance especially for the uses and purposes therein so claimed and I do hereby-

pg 629 satisfy that the said Elizabeth Hannigan wife of the said William Hannigan and Jane Carrol wife of the said Jerimiah A. Carrol being each by ine essaissned separate and apart from their respective said heirs. Lands did each severally ass led of That she so executed the same freely and certainly witness thereof before ar compulsan of ? Fram her said husband In Testimony whereof I the said Notary have be?  ? my ? And set and affixed my Notery Seal at Saint Stephen afore said this twenty second day of October AD 1897.

Deed 68.331 James Kelly & William Hannigan

on FamilySearch

• "Canada, New Brunswick County Deed Registry Books, 1780-1930," images, FamilySearch (FamilySearch.org : accessed 14 September 2021), Westmorland; Deed book; 1897-1898 vol R6; image 633 of 703; County Office of Service, New Brunswick, Canada.
• Transcription by Mindy Silva

Starts almost half-way down the page

Margin Notes:

68.331

Jas. Kelly

et al

to

and Hannigan

Registered

Mch 21^st 1898

at 12.30 P.M.

Beckhouse

Registrar

p. 631

Know all whereby those presents that are James Kelly and Robert Kelly, Susan Kelly, Margaret Kelly, Jane Gillespie and James Gillespie her husband of the city of Moncton in the County of Westmorland and Province of New Brunswick and Julia MacKassy and Patrick MacKasey her husband of the city of Halifax in the County of Halifax and Province of Nova Scotia, heirs of the tale James Hannigan, received for and in succession of the sum of one hundred and twenty five dollars lawful money of Canada to the said James above mentioned in hand well and truly paid by Andrew Hannigan the receipt whereof is hereby acknowledged have bargained sold revised released and quit claimed and by these presents to bargain sell revise release and quit claim unto the said Andrew Hannigan his heirs and assigns all that sent-- lo-- present pieces or parcell of land situate lying and being on the North side of the Big Buoton--- River in the County of Kenty and Province of New Brunswick and on the Lower side of the road leading from Buctanche Village to said Mar--'s bounded and described as follows. beginning at the line between Number nine and Number eight and measuring along the said road forty six feet to use the station street these following the said station street including two lots fronting said Station Street of sixty two feet and thirty five feet thence following the line between lot Number eighteen and lot Number Nineteen measuring along said line sixty five degrees North thence measuring on the line of lot Number Nineteen and Numbers sixteen and Seventeen, measuring forty eight feet to meet the line of the Lot Number Nine thence following said line to meet the aforesaid Station Street, measuring ninety-three feet distinguished as lot Number eight

p. 632

and lot Number Nineteen being the lot and premises conveyed by Si--ame Le Blanc and Almon J. LeBlanc her husband --t said James Hannigan deceased in his life time by deed sold March fifteenth in the year of our Lord one thousand eight hundred and eighty eight and recorded in the office of the Registrar of said of the County of Kent in Book H No. 2 folio 80 by the no. 15.680 April 1^st A.D. 1889 on which these is a large -- B- and not-- also two other lots of land situate on the west side of the Sistea-- Road in the Parish of Moncton and County of Westmorland being bounded westerly by land of R. C. Donald and Frank Stea--nos, Northerly by lands formed Southernly the Moncton Gas Light and Water Company -- by the city of Moncton Southerly by lands of the widow Kennedy and the -- of Moncton formerly owned by said Company and Easterly by said I-- town road containing about one hundred acres more or less. the other bounded Northerly by lands formerly owned by the said Moncton Gas Light and Water Company now by the City of Moncton westerly by other lands formerly owned by said company and now by said city oand Easterly by the said dist--n road running to a point to the South containing about twenty acres more or less. being a portion of the lands formerly conveyed by John Humphrey to the said James Hannigan in his life time on which last two indent-- lots these are no buildings the same being the interest of the said above mentioned heirs of said James Hannigan in adn to the property above described and bounded and which said Property formed the siubjet of an Equity suit Colen Andrew Hannigan and the heirs of the said James Hannigan. Together with all the et-- right title interest domes right of am- claim or dc-- of the said parties first above mentioned and at out of in as stack said describes and bargained premises with the appertenances to have and to hold the before described premises with all the impertenances and privileges ongoing tacke? same unto the said Andrew Hannigan his heirs and assignees forever to wipps whereof the said parties first above mentioned as heirs of James Hannigan have hereunto set their hands and seals this thirty first day of July in the year of our Lord one thousand eight hundred and ninety seven.

Margin Notes

Signed Sealed and delivered in the presence of J. A. Chich-- witness to assignature of Julia MacKasey, Patrick MacKassy, Frank J. Sweeney,

witness to the signature of James Kelly}

Robert J. Kelly, Susan Kelly, Margaret Kelly}

James Gillespie and Jane Gillespie}

Province of New Brunswick}

Westmorland County L.S.}

Patrick MacKasey (signature) L.S.

Julia MacKasey (signature) L.S.

James Kelly (signature) L.S.

Robt. J. Kelly (signature) L.S.

Susan Kelly (signature) L.S.

Margaret Kelly (signature) L.S.

James Gillespie (signature) L.S.

Jane Gillespie (signature) L.S.

Deed 68.331 James Kelly & Andrew Hannigan

R-6 631 (same as Margaret Kelly deed: 68.331)

Deed 69.152 James J. Kelly & Robert W. Kelly

T-6 482

on FamilySearch

• "Canada, New Brunswick County Deed Registry Books, 1780-1930," images, FamilySearch (FamilySearch.org : accessed 13 September 2021), Westmorland: Deed book: 1898 vol T6: image 486 of 712; County Office of Service, New Brunswick, Canada.
• Transcription by Mindy Silva

Starts on the 7th line from the top

Margin Notes

69.152

Jas. J. Kelly

et ux

to

Robt W. Kelly

Registered

Oct 8th 1898

at 12.30 P.M.

Backhouse

Registrar

p. 482

This indenture made this Nineteenth day of September 1898 between James J. Kelly of the Parish of Moncton the county of Westmorland, and Province of New Brunswick aforesaid and Alice Kelly his wife hereinafter called the Grantors of the one part and Robert W. Kelly of the city of Moncton in the County aforesaid, Railway man, hereinafter called the Grantee of the other part witnesseth that the Grantors in round-- cesstion of the sum of one dollar to them paid by the Grantee doth hereby grant bargain and sell -- the Grantee his heirs and assignees all that piece or parcell of lands and premises being ones th-- Jac-- of all these lands and premises situate in Lutz Mountains and known as lot no. two (2) originally granted to David Hespe-- and bounded as follows. Commencing at a point on the Southern boundary line of said lands eighty rods East from the Southwest boundary line of said lands eighty rods East from the Southeast corner bounding of said lands so granted as aforesaid and running East along said southern boundary line forty rods or until it strikes the East side line of said lands so granted as aforesaid, thence North along said Eastern side line of said lands until it strikes the rear line of said land the use west forty rods along said rear line then South to the place of beginning together will all appertenances therein and all interest d-- right of do-- therein of the Grantors. To have and to hold the same unto the Grantee his heirs and origins to the use of the Grantee his heirs and assigns forever. In witness whereof the Grantors la-- set their hand and seals the day and year first above written.

Signed Sealed and delivered above written in presence of Job Renton Province of New Brunswick, County of Westmorland}

James J. Kelly (signature) L.S.

Alice X (her mark) Kelly L.S.

Deed 70.848 Philip Kelly & John W. Kelly

on FamilySearch

• "Canada, New Brunswick County Deed Registry Books, 1780-1930," images, FamilySearch (FamilySearch.org : accessed 14 September 2021), Westmorland; Deed book; 1899-1900 vol X6; image 193 of 716; County Office of Service, New Brunswick, Canada.
• Transcription by Mindy Silva

Starts more than halfway down the page

Margin Notes:

70.848

Philip Kelly

to

Jno W. Kelly

Registered

Nov 29th 1899

at 11.50 A.M.

Backhouse

Registrar

Page 192

This indenture made the twenty-fifth day of November A.D. 1899 Between Philip Kelly of the Parish of Moncton in the County of Westmorland from hereinafter called the Grantor of one part and John W. Kelly of the same place F-mer herein after called the Grantee of the other part, Witnesseth that the Grantor in consideration of one thousand four hundred dollars to him paid by the Grantee does hereby grant bargain and sell unto the Grantee his heirs and assignees all that certain lot parcel of land and premises situate lying and being in the Parish of Moncton in the County of Westmorland aforesaid and bounded and described as follows - bounded Westerly by the road leading form Stylesville to Indian Mountain. Northerly by land of Oliver Kelly Easterly by land of the said John W. Kelly and one Job Renton and Southerly by lands of the said Job Renton containing one hundred acres more or less. the same being subject to a mortgage the exe--held by one Obediah Ayer. Together with all appertenances thereto and all interest therein of the Grantor, to have and to hold the same unto the Grantee his heirs adn assignees to the use of the Grantee his heirs and assignees forever. And the Grantor for himself of -- liens Executors and Administrators are hereby cosent to with the

Page 193

Grantee his heirs and assignees that he is lawfully seized of the before granted and leased premises and has good right to bargain and sell the same in manner and form as before written and that he will warrant and forward defaced the same unto the Grantee his heirs and assignees against the lawful claims and demands of all persons whomsoever subject nonetheless to the mortgage herewithfore mentioned. In witness whereof the Grantor bequests to set his hand and seal the day and year aforesaid above written.

Margin:

Signed Sealed and delivered in presence of New Brunswick L.S.^[1]

Philip Kelly (signature) L. S.

Robert W. Huason a Notary Public in and for the said Province certify that this twenty-fifth day of November A.D. 1899 personally appeared before me the -- named Grantor Philip Kelly and acknowledges that the existance the is-n Instrument for the purpose therein --. In Testimony whereof thereunto set my hand and official seal at the city of Moncton in the County of Westmorland the day and year last aforesaid.

L.S. Robert W. Huason (signature)

Deed 71.127 John W. Kelly et al & N.S. Permanent Benefit Fund

X-6 599 (Mortgage)

on FamilySearch

• "Canada, New Brunswick County Deed Registry Books, 1780-1930," images, FamilySearch (FamilySearch.org : accessed 14 September 2021), Westmorland; Deed boo; 1899-1900 vol X6; image 600 of 716; County Office of Service, New Brunswick, Canada.
• Transcription by Mindy Silva

Part way down the page

Margin Notes

71.127

J. W. Kelly

et ux

to

N.S. Benefit Society

Registered

Jany 31st 1900

at 9. AM.

Backhouse

Registrar

Page 599

This indenture made the twenty-ninth day of January in the year of our Lord one thousand nine hundred Between John W. Kelly of Moncton in the County of Westmorland and Province of New Brunswick [?] Annie Kelly his wife afterward past and Honorable William J. Almon Robelliooke[?] and James Hast all of Halifax Trustees of Nova Scotia Permanent Benefit Building Society and savings fund established under the [?] thereof persuant to Mat[?] of the other part, whereas the said John W. Kelly who is a Member of the said society and holder of four and a half shares therein numbered upon which interest is payable at the rate of five per centum per annum has agreed to pay to the said society a ho?? on premium according to the rules of the said society for the privilege of reveiving the full amount of said shares prior to the same being security as is hereafter contained and the same so advanced amounts to ten hundred and eight dollars and the interest charged able he can is seven dollars per centum per annum. This indenture with es-eck that the due cause certain of the seven? of ten hundred and eight dollars (^to the said John W. Kelly) now advanced and paid by the said Trustees To-ll each of the second part out of funds of the said Society the receipt of which said anno de face sell faction and discharge of his said shares in the said Society the said John W. Kelly and hereby acknowledge and from the same doth release and discharge the said trustees and the said Society and the funds thereof forense? by these presences he the said John W. Kelly and Annie Kelly doth grant bargain sell assigne thereof transfer release set over and confi--rents the said William J. Almon Robie Medas and Jaceus Hack, Trustees as aforesaid and their heirs and assignees and their successors in office, all the southern half of all the certain lot piece as parcel of land and premises situate lying and being in the said Parish of Moncton and bounded and described as follows. Beginning at a past standing on the southeasterdly angle of the Grant to Wm. Gaskin on a branch of the Shediac river west of the Suistetown road then running by the idague[?] to the eleven degrees and thusly minutes west forty six chains and fifty links to past the end North

Page 600

seventy eight degrees and thirty minutes East forty six chains and fifty links to a past and South twenty eight degrees and thirty minutes west twenty one chains to the place of beginning containing one hundred acres more or less being the same land and premises deeded to Philip Kelly by Julia M. Wilbur under a decree of inde--preme Conch and Equity on or about the Second day in February last 1886 which said Southerly half of ale-ne desccribed land containing about fifty acres more or less the Northern half of the above land being signed by Oliver Kelly being deeded to him by the said Philip Kelly and Sarah his wife by deed leaving even date herwith also all that certain lot piece or parcel of land and premises s--ude lying and being in the Parish of Moncton aforesaid and bounded and described as follows. Bounded Westerly by the road leading from Stylesville to Indian Mountain. Northerly by land of Oliver Kelly Easterly by lands of the said John W. Kelly and one John Brenton said southerly by lands of the said Job Renton containing one hundred acres more or less. Together with all and singular the houses and houses buildings way cosenent? posfers commodities here-- and appertances what -- to the same belonging on or any wise appertaining and the sevessian[?] and revissions remainder and remainders rents issues and profits thereof and of every -- thereof and also all the estate right --? interest claim property claim adn demand of him the said John W. Kelly and Annie Kelly of 'un to on out of the same and every part thereof. To have and to hold the said lot piece on parcel of land above described and every part thereof with the appertenances to the sale and only use benefit and behoof of them the said William J. Almon, Robie Meciask and Jacius Hock trustees as foresaid their heirs and assignees and successors in office forever. subject Nevertheless to the provisions and the agreements hereinafter contained that is to any Provided Always nevertheless and it is hereby declared and agreed by and between the said trustees oathes presents that if the said John W. Kelly his heirs assignees administrators or assignees shall from time to [?] and of all times payall the suchse--tion manages fines interest issuance and premises and other payments which shall become due according to the rules and regulations for the time being of the said Society in respect of the said shares and shall from time to time observe perform and keep all the present or any new or amended rules and regulations of the said Society hereafter to be made and the concurances and agreemants herin after on his and their part to be observed performed and kept and the conditions contained in a certain Brood of obligations leaving even doth herewith from the said party of the first past to the said Trustees and shall end cause or pe--int anything whatsoever to the done or committed and shall not su--t or neglect to do anything to the a bove described premises whereby the same a-e or may be injured or permanently depreciated in value then this presents and every article matters and things leaving?

Page 601

contained and the estates held sealed grants and anexed shall cease determine and be utterly null and void to all intents and purposes anything herein contained to the contrary thereof in any matter notwithstanding but in case default shall be made in the payment of such sums of money as aforesaid or any of them or any part thereof respectively as in the case the said John W. Kelly his heirs Executors Administrators or assignees shall neglect or refuse to observe perform and keep all or any of the present or any new or amended rules or regulations of the said Society hereafter to be made or the covenants hereinafter contained and the conditions sustains in the said Board or any of the above mentioned provisos then and in such case are immediately thereupon all and every the sum and sums of money which but for these presents would according to the rules of the said Society have thereafter leave payable by the said John W. Kelly for subscription moneys fines and other payments shall become due and payable to the said Society in advance and shall be considered to be then in accordance payable and the said trustees and their successors in office shall have the same remedies for the recovery thereof as for the reconvey of the other money hereby secured, and it shall be lawful for the said Trustees or the succesor or survivors of them or their successors in office without the conveyance? or consent of the said John W. Kelly his heirs or assignees at any time hereafter of they or he s hall third fell? so to do at their discretion to enter upon said lands and premises and to foreclose and sell the said premises by process of law or without such proceedings on foreclosure at any time thereafter to sell and dispose of the same or any part thereof either by trustees action or private contract and in one or more parcells and at such time or times as they shall think the land to convey and assure the said land to such purchasor or purchases subject or not subject to any special conditions or stipendations ce--ve to wile? or time of payment of the purchase money as otherwise as the said trustee or trustees shall and will with an out of such purchase money in the first place payable charges and expenses which they may incur in the esca--ian of the trusts and powers herein contained in them reposed which shall then be in arrears or leave became due and owing in advance from the said John W. Kelly his heirs Executors and instructions in assigns by virtue of these presences as the present or any future rules of the said Society or including to--s issuance and repairs and shall pay the surplus if any with said John W. Kelly his heirs executors administrators and assignees but if the said purchase money shall not be adequate for

Page 602

the purpose aforesaid then it is the extent and meaning of these presents and of the parties hereto that in said John W. Kelly his heirs and executors Administraters and assignees shall immediately after such sale be liable to pay and shall pay to the trustees of the said Society so much and said provisions of the money which the John W. Kelly shall endow these presents have received so his said shares including the premises thereon as the proceeds of said sale shall fall short of fully reimbursing to the said Society so such other balance as the said John W. Kelly shall owe to the trustees of the said Society in defacto such immediate payment of such balance and all moneys then due shall have the right to sue said John W. Kelly his heirs executors and administrators either on the land or obligations herein [?] otherwise for the reconvey of the same and it is acseley declared that the receipt of the trustees for the time being of the said [?] shall be a sufficient discharge to all purchasers paying money to such trustees without enquiring with the appreciation thereof or into the propriety of any such sale as aforesaid or whether any default has been made in the aforesaid payments and ninterest being affcted by notice to the contrary. and he the said John W. Kelly for himself his heirs executors and Administrators covenant with the said trustees their assignees and successors in office that the said John W. Kelly his heirs Executors Administrators and assignees will pay or cause to be paid and the said Trustees their assigneees or succesors in office the several sums of money which under or lay issue of the siad rules and regulations of the said Society shall hereforth become due and payable in respect of said shares at the respective times and in manner prescribed by such rules and regulations and also all taxes rates charges expenses assessments imposed or to be imposed on the said leased lands and premises and nalso will forwhich --case and at all times beingn the continual of this security keep issue the said pes--taments and premises from loss or damage by fine in such issuance office and in such name or names as shall be approved by the trustees and their successors in office and for their benefit inn the sum of ten hundred and eighty dollars at the least and shall produce and l--se the policy and receipts for premiums with the secretary of said Society when and so often as required and in case of default in so enfuings it shall be lawful for the said Secretary to effect and keep up such insurance and also that the said John W. Kelly his heirs Executors Administrators or assignees will repay to the said trustees or their successors in office all [?] of money paid by them for such insurance and in the meantime the amount thereof with interest theron at six per cent per anum and all fines imposed or to be imposed for nonpayment thereof by the presentn or any amended rules and regulations of the

Page 603

said Society shall be a change on the said hea--tancents and premises and the said Trustees or their successors in office shall have the same remedies for the recovery thereof as for the reconvey of the other moneys intended to be hereby secured. And further that the said now hath in himself good right absolute acclai-ty by these presents to grant release and assure the said hereditament^[2] and premises in manner aforesaid and that on or after any default shall be made -- performing the conditions of the said land or the provisos (^conditions) covenants and agreements herein containned that their if shall be lawful for the said Trustees and their successors in office from time to time and at all times thereafter peaceably and quietly enter upon the siad hereditament and premises and hold the same and every part thereof free from all other wi-- and charges and ensemble --- whatsoever & witness who of the parties to these presents have hereunto sealed their hands and seals the day and year first above written.

Margin

Signed Sealed and delivered in presennce of erasures marked Wm. M. Mc being first made Wm. M. McDonlad New Brunswick. L. S.

John W. Kelly L. S. (signature)

Annie Kelly L. S. (signature)

Deed 71.161 Philip Kelly & James Renton

on FamilySearch

• "Canada, New Brunswick County Deed Registry Books, 1780-1930," images, FamilySearch (FamilySearch.org : accessed 13 September 2021), Westmorland; Deed book; 1899-1900 vol X6; image 653 of 716; County Office of Service, New Brunswick, Canada.
• Transcription by Mindy Silva

Side margin, part way down the page

71.161

Philip Kelly

et ux

to

Jas Renton

Registered

Feby 10th 1900

at 9. A.M.

Backhouse

Registrar

p. 652

This indenture made this sixth day of February AD 1900 between Philip Kelly of Stilesville in the parish of Moncton in the County of Westmorland and Province of New Brunswick Philip and Sarah Kelly his wife herein [?] called the Grantor of Issue part and James Renton of Stilesville aforesaid[?] inasfar called the Grantee of the other part. Witness the part the Grantors in consideration of the sum of Five hundred dollars [?] paid by the Grantee doth handey grant bargain and all unto the Grantee his heirs and assignees. all those lands and premises situated lying and being at Stylesville aforesaid mentioned and described as follows, situate on the East side of the road leading from Moncton to Indian Mountain bounded as follows. on the west by said road leading from Moncton to Indian Mountain on the northerly the road leading from Stilesville leases to said John Renton road on the East by lands owned and occupied by Bentley Gousman and on the South by roads owned and occupied by Richard Kelly containing ninety acres more or less together with all appurtonands? thereto and all witness [?] right of dower therein of the Grantors. To have and to hold the same unto this Grantee his heirs and assignees to the use of the Grantee his heirs and assignees forever. I witness [?] of the Grantors have herewithto set their hands and seals the day and year first above written.

Signed, Sealed and delivered in the presence of Job Renton

Province of New Brunswick

Philip Kelly L. S. (signature)

Sarah Kelly L.S. (signature)

Sources

1. ↑ "Locus Sigilli", Latin for the place of the seal, denotes the area on a contract where the seal is to be affixed. The abbreviation L.S. may appear on notarial certificates to indicate where the official seal should be affixed—or to let a signatory know where to affix their signature. (Silva-1055)
2. ↑ Hereditament: any item of property, either a corporeal hereditament (such as land or a building) or an incorporeal hereditament (such as a rent or a right of way).