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Louisa Fanning Marriage Settlement

Miscellaneous

Louisa Fanning Marriage Settlement

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Louisa Fanning Marriage Settlement

250.00

Title: Dated 25th June 1830 - Settlement on the marriage of Sir Gabriel Wood and Miss Louisa Augusta Fanning of her Real Estate in Prince Edward Island and elsewhere - Copy
Description: True copy of a marriage settlement between Louisa Augusta Fanning and Gabriel Wood. Prepared by the solicitors Ranken Ford Ford & Chester, Grays Inn, Middlesex, England. Hand-written on 18 pages of legal size paper. Shows 3 horizontal folds as issued, edge wear, marginal hand-written notes, minor paper loss, and soiling from handling.

Louisa Augusta Fanning, born in Pt. Pleasant, Halifax, Nova Scotia, 3 October 1786 was the eldest child of Edmund Fanning (later Governor of Prince Edward Island) and Phoebe Maria Burns. She married Sir Gabriel Wood at Ealing, Middlesex Co., on 28 June 1830. Upon her father's death in 1818 she became heir to extensive properties in Vermont and Prince Edward Island. Lady Wood died on 19 March 1872.

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Schedule “B”
Marriage settlement of Lady Louisa Augusta Wood

This Indenture made the 25th day of June in the 11th year of the Reign of our Sovereign Lord George the Fourth by the Grace of God of the United Kingdom of Great Britain and Ireland King Defender of the Faith and in the year of our Lord 1830 Between Louisa Augusta Fanning of Upper Seymour Street Portman Square in the County of Middlesex Spinster (one of the Daughters and Coheiresses at Law and also one of the devisees named in the last Will and Testament of Edmund Fanning late of Prince Edward Island in the Gulph of Saint Lawrence North America Doctor of Laws and a General in the Army deceased of the 1st part Sir Gabriel Wood of Argyle Street in the said County of Middlesex Rights of the 2nd part and Frederick Augustus Wetherall of Castlebear House Ealing in the said County of Middlesex Esquire Lieutenant General in His Majestys Army Thomas Brandram of Lee in the County of Kent Esquire and Charles Ranken of Grays Inn in the said County of Middlesex Esquire of the 3rd part Whereas the said Edmund Fanning (being at the date and execution of his Will hereinafter recited and thenceforth to the time of his decease seized of or well entitled to several Lots or townships messuages lands and hereditaments situate in Prince Edward Island aforesaid and elsewhere for an Estate inheritance in fee simple duly made and published his last Will and Testament in writing bearing date the 10th day of November 1813 and thereby (amongst other things) gave and bequeathed to his Wife Phoebe Maria Fanning an annuity or clear yearly rent charge of $200 to become payable and chargeable upon the rents issuing out of his lands houses and tenements on his half of lot or township Number 65 so long as she should remain his Widow and in case of her intermarriage then and thereafter an annuity of $100 chargeable in like manner during her natural life which said annual together with the provision thereafter made by him for her support he did thereby declare to be in lieu and full satisfaction of her rights of dower and all other claims whatsoever And he did thereby give devise and bequeath to his daughter the said Louisa Augusta Fanning his Farm called the Hermitage then under lease to Mr. Robert Pyke consisting of Pasture lots Numbers 238, 197, 237, 191, 189 and part of Numbers 246 and 247 containing on the whole about 80 acres little more or less Also his Town lots Number 14 and 15 in the second 100 called the office lots also Nos. 76 and 77 in the second 100 and Nos. 13 and 14 in the third 100 leased to Fade Goff esquire with houses and appurtenances thereunto belonging to her and the heirs Male of her Body lawfully begotten and in default of such heirs then to her heirs and assigns forever and after disposing of several other specific part of his said Estates in the said Island called Prince Edward Island to his two other daughters

 

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Maria Susannah Matilda Fanning and Margaret William Tryon Fanning and to the other persons therein name the said Testator gave and bequeathed and devised to his said daughters Louisa Augusta Fanning and Maria Susannah Matilda Fanning all his lands on lot or township No. 50 (50) in the said Island with the houses buildings and appurtenances and all rents issues and profits issuing out of or arising from said lands to them and their heirs and assigns forever and he did thereby give bequeath and devise to his said three daughters Louisa Augusta Fanning, Maria Susannah Matilda Fanning and Margaret William Tryon Fanning his half of Lot or Township Number (65) sixty five with the houses and buildings thereon and the lands called the Warren Farm and appurtenances and all rents issues and profits issuing out of and arising from said lands subject however to the payment of the annuity therein before granted to his said Wife Phoebe Maria Fanning to them their heirs and assigns forever and he did also thereby give bequeath and devise unto his said three daughters all his lands on lot or township sixty seven (67) not therein before devised with the houses buildings and appurtenances and the rents issues and profits thereof to them their heirs and assigns forever And lastly he did thereby give bequeath and devise to his said three daughters all his estate real personal and mixed of what nature or kind soever or wheresoever situated in the Kings dominions and in the United States of America or elsewhere not therein otherwise disposed of to them their heirs and assigns forever and he appointed his said Wife and Daughters Executrixes of his said Will and he did thereby empower and it was his request that the said Executrixes before named should immediately in in convenient time after his decease get the lands tenements and estates fairly and equitably divided among them according to their several and respective shares and proportions in as fair and equal manner as might be and without contention or dispute And whereas the said Edmund Fanning departed this life on or about the Twenty eight day of February 1818 without having revoked or altered the several dispositions devises and bequests contained in his said Will and herein before recited and on the 21st day of April 1818 the same Will together with a Codicil thereto was duly proved by the said Phoebe Maria Fanning his Widow and the said Louisa Augusta Fanning and Maria Susannah Matilda Fanning two of his said daughters in the Prerogative Court of the Archbishop of Canterbury but no partition has yet been made of the real estates of the said Edmund Fanning so devised to his daughters as aforesaid pursuant to the direction in his said Will contained for that purpose And whereas a Marriage hath been agreed

 

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upon and is intended to be shortly had and solemnized between the said Sir Gabriel Wood and Louisa Augusta Fanning and upon the treaty of such Marriage it hath been agreed that all the lots or Townships tenements undivided parts or shares messuages lands and other hereditaments situate in Prince Edward Island aforesaid or elsewhere to which the said Louisa Augusta Fanning is entitled under the said herein before recited Will of the said Edmund Fanning or as one of his coheiresses at law whether in possession reversion or remainder shall be conveyed to Trustees upon such trusts and with under and subject to such powers and provisos as are hereinafter expressed declared and contained of and concerning the same Now this Indenture witnesseth that in pursuance and performances of the said herein recited Agreement and in consideration of the said intended marriage between the said Sir Gabriel Wood and Louisa Augusta Fanning and also in consideration of the sum of 10£ of lawful money of Great Britain to the said Louisa Augusta Fanning in hand paid by the said Frederick Augustus Wetherall Thomas Brandram and Charles Ranken at or before the sealing and delivery of these presents the receipt whereof is hereby acknowledged She the said Louisa Augusta Fanning (with the privity consent and approbation of the said Sir Gabriel Wood testified by his being a party to and sealing and delivering these presents) hath granted bargained sold released and confirmed and by these presents doth grant bargain sell release and confirm unto the said Frederick Augustus Wetherall Thomas Brandram and Charles Ranken (in their actual possession now being by virtue of a Bargain and sale to them thereof made by the said Louisa Augusta Fanning in consideration of 5£ by Indenture bearing date the day next before the day of the date of these presents for one year commending from the day next before the day of the date of the same Indenture of Bargain and Sale and by force of the Statute made for transferring uses into possession) and to their heirs and assigns All and every the lots or townships messuages lands tenements and hereditaments and undivided parts or shares of lots or townships messuages lands tenements and hereditaments situate lying and being in Prince Edward Island aforesaid or in any other Island Province or Place whatsoever which in and by the said herein before recited Will of the said Edmund Fanning were given or devised to her the said Louisa Augusta Fanning either solely or jointly with the said Maria Susanna Matilda Fanning and Margaret W Tryon Fanning or either of them in fee simple or fee tail whether in possession reversion remainder or expectancy or which at the decease of the said Edmund Fanning descended to the said Louisa August Fanning as one of the Coheiresses at law of the said Edmund Fanning either in possession or reversion Together with all the messuages mills manufactories warehouses and other buildings and improvements which since the decease of the said Edmund Fanning have been erected built or made upon or about the said lands and other hereditaments or any of them and all and singular houses outhouses edifices buildings waters watercourses creeks bays rivers rivulets streams ponds

 

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ways paths passages lumber and other trees woods underwoods and the ground and soil thereof mines minerals quarries rights liberties privileges profits commodities advantages emoluments hereditaments and appurtenances whatsoever to the said lots or townships messuages lands tenements and hereditaments or parts or shares of lots or townships messuages lands tenements and hereditaments herein before expressed to be hereby granted and released or any of them belonging or in anywise appertaining or to or with the same held used occupied or enjoyed or accepted reputed deemed taken or known to be part parcel or member thereof or any part thereof and the reversion and reversions remainder and remainders yearly and other rents issues and profits of all and singular the said hereditaments and premises and all the estate right … use trust inheritance benefit claim and demand whatsoever of her the said Louisa Augusta Fanning of in to and out of the same hereditaments and premises and every part thereof with the appurtenances To have to hold the said lots or townships messuages lands tenements and hereditaments and parts and shares of lots or townships messuages lands tenements and hereditaments and all and singular other the premises herein expressed to be hereby granted and released with their and every of their rights members and appurtenances unto the said Frederick Augustus Wetherell Thomas Brandram and Charles Ranken and their heirs To the use of them the said Frederick August Wetherell Thomas Brandram and Charles Ranken their heirs and assigns forever nevertheless upon and for the trusts intents and purposes and with under and subject to the powers provisos agreements and declarations hereinafter expressed declared and contained of and concerning the same (that is to say) Upon trust for the said Louisa Augusta Fanning and her heirs until the said intended marriage between her and the said Sir Gabriel Wood shall be duly had and solemnized and from and after the solemnization thereof Upon trust that they the said Frederick Augustus Wetherall Thomas Brandram and Charles Ranken or the survivors or survivor of them or their heirs or assigns of such survivor shall and do as any time or times thereafter at the request and by the direction of the said Louisa Augusta Fanning during her life notwithstanding her said intended or any future coverture to be testified by some writing under her hand and after her decease then by and of the proper authority and discretion of the said Trustees or Trustee for the time being (absolutely sell and dispose of the said lots or townships messuages lands undivided parts or shares and other the hereditaments and premises herein before expressed to be hereby granted and released or any of them or any part or parts thereof either together or in parcels by public auction or by private contract unto any person or persons who shall be willing to become the Purchaser

 

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or Purchasers thereof at such price or prices as to the said Louisa Augusta Fanning during her life and after her decease to the said Trustees or Trustee for the time being shall seem reasonable with full powers and authority for them the said Trustees or Trustee for the time being (at the request of the said Louisa Augusta Fanning during her life and after decease at the discretion of the said Trustees or Trustee for the time being to buy in the same hereditaments and premises or any of them at any Auction or Auctions or to rescind any Contract or Contracts that may have been entered into for sale thereof and again to sell the same as aforesaid without being answerable for any loss or diminution that may be occasioned thereby and shall and do make and enter into sign and execute all such contracts agreements acts deeds matters and things conveyances and assurances as shall be requisite or proper for making such sale or sales aforesaid and for conveying the said hereditaments so sold unto the Purchaser or Purchasers thereof his heir or their heirs and assigns or otherwise as he shoe or they shall direct or appoint And it is hereby agreed and declared by and between the said parties to these presents that the said Frederick Augustus Wetherell Thomas Brandram and Charles Ranken their executors administrators and assigns shall stand and be possess of and interested in the money to arise and be produced by such sale or sales as aforesaid upon the trust and to and for the intents and purposes and with under and subject to the powers provisos agreements and declarations hereinafter expressed declared and contained of and concerning the same (that is to say) Upon trust that they the said Frederick Augustus Wetherell Thomas Brandram and Charles Ranken or the survivors or survivor of them or the executors administrators or assigns of such survivor shall and do thereout in the first place pay or retain the cost charges and expenses of preparing for and making and completing such sale or sales as aforesaid and all other cost charges damages and expenses which they the said Frederick Augustus Wetherell Thomas Brandram and Charles Ranken their executors administrators or assigns or any of them shall bear pay sustain or be put unto in or about the execution or performance of any of the trust or powers herein contained and after payment or retention thereof shall and do lay out and invest the clear residue or surplus of the money to be produced by such sale or sales as aforesaid in the names or name of them the said Trustees and Trustee for the time being in the purchase of a competent shore or shares in any of the parliamentary stocks or public funds of Great Britain or at interest upon Government or real security in England or Wales to be from time to time altered varied sold transferred and disposed of into or for other stocks funds or securities of the same or a similar nature (yet so that no such laying out investment alteration variation sale transfer or disposition shall be made during the lifetime

 

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of the said Louisa Augusts Fanning without her consent to be testified by some writing under her hand. And upon further trust that they the said Frederick Augustus Wetherall Thomas Brandram and Charles Ranken their executors administrators and assigns shall and do stand and be possessed of an interested in all such stocks funds and securities as aforesaid and the interest dividends and annual produce thereof upon the trust following that is to say In trust for such person or persons in such parts shares and proportions upon and for such trusts intents and purposes and with under and subject to such powers provisions conditions limitations and restrictions and in such manner and form as she the said Louisa Augusta Fanning from time to time or any time during her natural life (notwithstanding he said intended or any future coverture and whether she shall be covert or sole) by any deed or deeds instrument or instruments in writing with or without power of revocation and new appointment to be by her sealed and delivered in the presence of and to be attested by two or more credible witnesses or by her last Will and Testament in writing or any Codicil or Codicils thereto or by any writing or writings in t he nature of or purporting to be her last Will and Testament or a Codicil or Codicils thereto to be by her signed and published in the presence of and to be attested by 3 credible witnesses shall direct limit or appoint the same and in default of such a direction limitation or appointment And in the meantime and until any such shall be made, and as to so much ore such part or parts of the said trust monies stocks funds and securities of which no such direction limitation or appointment shall be made or to which no such direction limitation or appointment shall be made or to which the same shall not extend Upon further trust that they the said Frederick Augustus Wetherall Thomas Brandram and Charles Ranken and the survivors and survivor of them and the executors or administrators of such survivor shall and do during natural life of the said Louisa Augusta Fanning pay the interest dividends and annual produce of the said trust monies stocks funds and securities to such person or persons as she the said Louisa Augusta Fanning by and note or notes in writing under her hand shall notwithstanding her said intended or any future coverture authorize or empower to receive the same and for want of such authority or power then do and shall pay the same into the proper hands of her the said Louisa Augusta Fanning to the intent that the same may be for her sole and separate use benefit and disposal independently of her said intended or any future husband and that the same may not be subject to

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his debts control contracts or engagements And for which the receipt or receipts of the said Louisa Augusta Fanning notwithstanding her said intended or any future coverture or of the person or persons whom she shall so as aforesaid authorize or empower to receive the same or any part thereof shall be a good and effectual discharge to the person or persons paying the same for so much money as in such receipt or receipts shall be expressed or acknowledged to be received And from and after the decease of the said Louisa Augusta Fanning the said Frederick Augustus Wetherall Thomas Brandram and Charles Ranken their executors administrators and assigns shall stand and be possessed of and interested in the said trust monies stocks funds and securities and the interest dividends and annual produce thereof or the unappointed part or parts thereof In trust for such person or persons as shall at the decease of the said Louisa Augusta Fanning be her next of Kin by blood and would under the Statutes made for the distribution of Intestates effects have been entitled to her personal estate in case she has died a widow and intestate and to be divided between or amongst them of more than one in the same proportions and manner as such personal estate would in such have been divisible under the same Statues Provided always and it is hereby also agreed and declared between and by the said parties to these presents that the receipt or receipts of the said Frederick Augustus Wetherall Thomas Brandram and Charles Ranken of the survivors or survivor of them or the executors administrators or assigns of such survivor for the purchase money of all or any part of the said several Lots or Townships messuages lands undivided parts or shares and hereditaments which shall be sold under the trust for that purpose herein before contained or any part or parts thereof or for any other sum or sums of money which shall become payable to them or him under or by virtue of any of the trusts or powers herein contained shall effectually discharge the purchaser or purchasers thereof or other the person or persons paying the same from being in anywise liable or concerned to see to the due application of the sum or sums of money so paid in such receipt or receipts expressed or acknowledged to be received of from being answerable or accountable for any loss misapplication or non-application thereof or of any part thereof Provided always And it is hereby agreed and declared between and by the said parties to these presents that in the meantime and until the said several Lots or Townships messuages lands undivided parts or shares

 

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and other hereditaments herein before expressed to be hereby granted and released shall be sold and disposed of under the trust herein before for that purpose contained it shall and may be lawful to and for the person or persons who under or by virtue of the trusts aforesaid would have been for the time being beneficially entitled in possession to the interest dividends or annual produce of the money to be produced by sale thereof if the same had been sold to receive and take the rents issues and profits of the said hereditaments and premises on the unsold part or parts thereof for the time being for such and the same estates and interests as are herein before limited or created of or in the said interest dividends and annual produce Provided also And it is hereby further declared and agreed by and between the said parties to these presents that in the meantime and until the said several lots or townships messuages lands undivided parts or shares and hereditaments herein before expressed to be hereby granted and released shall be respectively sold and disposed of under the trust herein before for that purpose contained it shall and may be lawful for the said Louisa Augusta Fanning from time to time and at anytime or times during her life notwithstanding her said intended or any future coverture to demise or let the same hereditaments and premises or any of them or to join and concur with the owner or owners of the other undivided part or share thereof respectively in demising or letting the said hereditaments and premises or any of them to any person or persons for any term or terms of years at such rent or rents and upon such terms and conditions as she the said Louisa Augusta Fanning shall think fit Provided always And it is hereby declared and agreed by and between the said parties to these presents that in the meantime and until the said hereditaments and premises shall have been sold pursuant to the trusts aforesaid it shall and may be lawful for the said Frederick Augustus Wetherall Thomas Brandram and Charles Ranken or the survivors or survivor of them or their heirs or assigns of such survivor at the request and by the direction of the said Louisa Augusta Fanning during her life to be testified by some deed or deeds writing or writings to be sealed and delivered by her in the presence of and to be attested by two or more credible witnesses, and after her decease at the discretion of them the said Trustees or Trustee for the time being to join and concur with the person or persons who for the time being shall be seized of or entitled to the remaining undividided parts or shares

 

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of the same hereditaments and premises respectively in the making and rendering effectual a partition or partitions or division or divisions thereof or of any part thereof and upon any such partition or division it shall be lawful for the said Frederick Augustus Wetherall Thomas Brandram and Charles Ranken or the survivor of them or the heirs or assigns of such survivor to receive or take any sum or sums of money by way of equality of partition And for the purpose effectuating any such partition or division as aforesaid it shall be lawful fore the said Frederick Augustus Wetherall Thomas Brandram and Charles Ranken ore the survivors or survivor of them or the heirs or assigns of such survivor to make and enter into sign or execute all and every such contracts agreements acts deeds matters and things and conveyances and assurances as shall be requisite or proper for conveying the specific allotments parts or shares which shall be taken by the owner or owners of the other undivided parts or shares of the said hereditaments and premises unto such owner or owners his her or their heirs and assigns or otherwise as he she or they shall direct or appoint And it is hereby declared and agreed that the specific allotments parts or shares which shall be taken by the said Trustees or Trustee for the time being in lieu of the undivided parts or shares herein before expressed to be hereby granted and released shall be conveyed and assured unto them the said trustees or trustee for the time being their or his heirs and assigns in severally and shall be held by them or him upon and for the same trusts intents and purposes and with under and subject to the same powers provisos agreements and declarations as are in and by these presents expressed declared and contained of and concerning the undivided parts or shares herein before expressed to be hereby granted and released or such of them as shall be then subsisting or capable of taking effect And if upon any such partition or division any sum or sums of money shall be received or taken by way of equality of exchange the same shall also be held by the said Trustees or Trustee for the time being upon and for the same trusts intents and purposes and with under and subject to the same powers provisos agreements and declarations as are in and by these presents expressed declared and contained of any concerning the monies to arise by sale of the hereditaments and premises herein before expressed to be hereby granted and released or such of them as shall be then subsisting or capable of taking effect Provided always And it is hereby also agreed and declared between and by the said parties to these presents that

 

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in case the Trustees in and by these presents nominated and appointed or any or either of them or any succeeding or other trustee or trustees of the said trust estates and premises to be nominated and appointed by virtue of this present power or theirs or any of their heirs executors or administrators shall happen to die or be desirous to be discharged from or refuse decline or become incapable to act in the trusts herein before declared and contained before the same trusts shall have been fully performed and discharged Then and so often as the same shall happen it shall and may be lawful to and for the said Louisa Augusta Fanning during her life and after her decease then to and for the surviving or continuing trustees or trustee for the time being or the executors or administrators of the last surviving trustee by any deed or deeds in writing to be by her him or them duly sealed and delivered from time to time to nominate substitute and appoint any other person or persons to be a trustee or trustees in the place and stead of such trustee or trustees so dying desiring to be discharged or refusing declining or becoming incapable to act as aforesaid and when and so often as any such new trustee or trustees shall be nominated and appointed as aforesaid all the said trust estates and premises for the time being shall thereupon with all convenient speed from time to time be conveyed transferred assigned and assured respectively in such sort and manner and so that the same shall and may be legally and effectually rested in the newly appointed trustee or trustees jointly with such of the former trustees if any as shall be willing and capable to act and in case there shall be no continuing former trustee then in such newly appointed trustee or trustees only upon and for the several trust intents and purposes herein before expressed and declared of any concerning the same and every such new trustee shall and may in all things and in all respects act and assist in the management carrying on and execution of the trusts to which he or they shall be so appointed as fully and effectually and have and enjoy all the same powers and authorities as if such new trustee or trustees had been by these presents originally nominated and appointed and as the trustees named in these presents might or could have done under or by virtue of the same or any clause power or proviso herein before contained and implied if then living and continuing to act under or in execution of the trusts powers or authorities reposed in or reserved to them in and by these presents Provided also And it is hereby agreed and declared between

 

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and by the said parties hereto that the several trustees in and by these presents nominated and appointed and hereafter to be nominated and appointed by virtue of the said last mentioned power and each and every of them their and each and every of their heirs executors administrators and assigns shall be charged and chargeable only for so much money as they and each and every of them shall respectively actually receive by virtue of or under the trusts aforesaid notwithstanding their joining in any receipt or receipts for conformity And that any one or more of them shall not be answerable or accountable for any other or others of them or for the acts receipts neglects or defaults of any other or others of them but each for his own only And that they or any of them shall not be answerable or accountable for any person or persons who is or as or shall be the receiver or receivers of the rents and profits of the said hereditaments and premises or any of them or any part thereof or in whose hands the said rents and profits or any other of the aforesaid trust monies shall or may be deposited or lodged for safe custody or otherwise in the execution of the trusts afore said nor for the insufficiency or deficiency of title of or to any specific allotments parts or shares which may be received or taken in lieu of all or any of the undivided parts or shares herein before expressed to be hereby granted and released nor for the insufficiency of any security or securities in or upon which the said trust monies or any part thereof shall or may be placed out or invested as aforesaid nor for any other loss misfortune or damage which may happen in thew execution of any of the aforesaid trusts or in relation thereto unless the same shall happen by or through their own willful neglects or defaults respectively And also that the said trustees and each and every of them their and each and every of their heirs executors administrators and assigns shall and may by and with and out of the monies which shall come to their respective hands by virtue of or under the trusts aforesaid retain to and reimburse themselves respectively and also allow to his and their co trustee and co trustees all losses costs charges damages and expenses which be they or any of them shall or may respectively suffer sustain expend disburse be at or be put unto or which shall or may be to him or them occasioned for or on account or by reason or means of the trusts hereby in him or them reposed or in the management or execution thereof or otherwise howsoever relating thereto And the said Louisa Augusta Fanning for herself her heirs executors and administrators

 

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doth hereby covenant declare and agree to and with the said Frederick Augustus Wetherall Thomas Brandram and Charles Ranken their heirs and assigns Therefore and notwithstanding any act deed matter or thing whatsoever by her the said Louisa Augusta Fanning or by the said Edmund Fanning her late father deceased at any time heretofore made done executed permitted or suffered to the contrary she the said Louisa Augusta Fanning now at the time of the sealing and delivery of these presents hath in herself good right full power and lawful and absolute authority to grant bargain sell and release the said several lots or townships messuages lands undivided parts or shares and other hereditaments herein before expressed to be hereby granted and released and every part thereof with the appurtenances unto and to the use of the said Frederick Augustus Wetherall Thomas Brandram and Charles Ranken their heirs and assigns upon the trusts and in manner aforesaid and according to the true intent and meaning of these presents And that free and clear and freely clearly and absolutely acquitted exonerated and discharged of and from all and all manner of former and other gifts grants bargains sales leases mortgages jointures dowers right and title of dower uses trusts Wills entails statutes recognizances judgements extents executions debts legacies rents annuities sum and sums of money estates titles charges and encumbrances whatsoever at any time heretofore made done executed committed or suffered by her the said Louisa Augusta Fanning or the said Edmund Fanning or any person or persons claiming or to claim by from through under or in trust for her or him (save and except the said annuity to the said Phoebe Marie Fanning and such quit rents and other usual outgoings as are payable in respect of the said premises under or by virtue of the Grants from Government under which the same are respectively held) And the said Sir Gabriel Wood for himself his heirs executors and administrators and for his and their own acts and deeds only And the said Louisa Augusta Fanning for herself her heirs executors and administrators and for her and their acts and deeds and also for the acts and deeds of the said Edmund Fanning do severally and respectively covenance declare and agree with and to the said Frederick Augustus Wetherall Thomas Brandram and Charles Ranken their heirs and assigns by these presents in manner following that is to day that the said several lots or townships messuages lands undivided parts or shares and all other the hereditaments and premises herein before expressed to be hereby granted and released and every part thereof with their and every of their appurtenances shall and may from time to time and at all times hereafter remain continue and be unto and to the use of them the said

 

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Frederick Augustus Wetherall Thomas Brandram and Charles Ranken their heirs and assigns upon and for the trusts intents and purposes herein before expressed declared and contained of and concerning the same ant that the rents issues and profits thereof shall and may be peaceably and quietly received and taken accordingly without any lawful let suit hindrance eviction molestation interruption or disturbance whatsoever of from or by them the said Sir Gabriel Wood and Louisa Augusta Fanning or either of them or their or either of their heirs or of from or by any other person or persons lawfully or equitably claiming or to claim by from through under or in trust for them or either of them or by from through or under the said Edmund Fanning deceased (except as herein before excepted) And further that they said Sir Gabriel Wood and Louisa Augusta Fanning or either of them or their or either of their heirs and ever or any other person or persons heaving or lawfully or equitably claiming or who shall or may have or lawfully of equitably claim any estate right title trust or interest in to or out of the said several lots or townships messuages lands undivided parts or shares hereditaments and premises herein before expressed to be hereby granted and released or any of them or any part of parts thereof by from through or under them or either of them or through or under the said Edmund Fanning deceased shall and will from time to time and at any time or times hereafter upon every reasonable request of the said Frederick Augustus Wetherall Thomas Brandram and Charles Ranken their heirs or assigns and until any sale or sales shall be made of the said hereditaments and premises at the expense of the said trust estate and after any such sale or sales at the expense of the person or persons requiring the same make do acknowledge levy suffer and execute or cause or procure to be made done acknowledged levied suffered or executed or any such further and other act deeds matters and things devices conveyances and assurances in the law whatsoever for the further better more perfectly and absolutely granting releasing conveying and assuring the said several lots or townships messuages lands undivided parts or shares hereditaments and premises or any part or parts thereof with the appurtenances unto and to the use of the said Frederick Augustus Wetherall Thomas Brandram and Charles Ranken their heirs and assigns or otherwise as he or they shall direct or appoint as by them the said Frederick August Wetherall Thomas Brandram and Charles Ranken their heirs or assigns or otherwise as he or they shall direct or appoint as by them the said Frederick Augustus Wetherall Thomas Brandram and Charles Ranken their heirs or assigns or their or any of their counsel in the law shall be reasonably advised on

 

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devised and required So that no such further assurance contain or imply any further or other covenants or warranty than against the person or person who shall be required to make and execute the same and his and their respective heirs executors and administrators acts and deeds only and so that the person or persons who shall be required to make and execute any such further assurance or assurances be not compelled or required for the making or doing thereof to go or travel from his or their place or places of residence or abode And lastly the said Sir Gabriel Wood doth hereby for himself his heirs executors and administrators covenant and declare with and to the saidFrederick Augustus Wetherall Thomas Brandram and Charles Ranken their heirs executors administrators and assigns That in case he the said Sir Gabriel Wood shall survive the said Louisa August Fanning he the said Sir Gabriel Wood shall and will appear before the proper Ordinary Surrogate or other Ecclesiastical Officer and in due form of law assent to the Probate of any such Will Codicil or Codicils or any writing or writings in the nature of a Will or Codicil as shall have been made signed and published by the said Louisa Augusta Fanning in pursuance or in exercise of any of the powers herein before contained In witness whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written

 

Louisa Augusta Fanning Gabriel Wood

 

Signed Sealed and Delivered by the within named Louisa Augusta Fanning in the presence of John H. Webber of Caroline Street Bedford

 

Signed Sealed and Delivered by the within named Sir Gabriel Wood in the presence of John H. Webber

 

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This Indenture made the 24th day of June in the 11th year of the reign of our Sovereign Lord George the 4th by the Grace of God of the United Kingdom of Great Britain and Ireland King Defender of the Gair and in the year of our Lord 1830 Between Louisa Augusta Fanning of Upper Seymour Street Portman Square in the County of Middlesex Spinster (one of the daughters and coheiresses at law and also one of the Devisees named in the last Will and Testament of Edmund Fanning late of Prince Edward Island in the Gulph of St. Lawrence North America Doctor of Laws and a General in the Army deceased) of the one part and Frederick Augustus Wetherall of Castlebear House Ealing in the said County of Middlesex Esquire Lieutenant General in His Majesty's Army Thomas Brandram of Lee in the County of Kent Esquire and Charles Ranken of Grays Inn in the said County of Middlesex Esquire of the other part Witnesseth that for and in consideration of 5£ of lawful British money current in England to the said Louisa Augusta Fanning in hand paid by the said Frederick Augustus Wetherall Thomas Brandram and Charles Ranken at or before the sealing and delivery of these presents the receipt whereof is hereby acknowledged She the said Louisa August Fanning hath bargained and sold and by these presents doth bargain and sell unto the said Frederick Augustus Wetherall Thomas Brandram and Charles Ranken their executors administrators and assigns All and every the lots or townships messuages lands tenements and hereditaments and undivided parts or shares of lots or townships messuages lands tenements and hereditaments situate lying and being in Prince Edward Island aforesaid or in any other Island Province or place whatsoever which in and by the said Will of the said Edmund Fanning were given or devised to her the said Louisa Augusta Fanning either solely or jointly with her sisters Maria Susannah Matilda Fanning and Margaret William Tryon Fanning or either of them in fee simple or fee tail whether in possession reversion remainder or expectancy or which at the decease of the said Edmund Fanning descended to the said Louisa Augusta Fanning as one of the coheiresses at law of the said Edmund Fanning either in possession or reversion Together with all the messuages mills manufactories warehouses and other buildings and improvements which since the decease of the said Edmund Fanning have been erected built or made upon or about the said lands and other hereditaments or any of them and all and singular houses outhouses edifices buildings waters watercourses creeks bays rivers rivulets

 

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streams ponds ways paths passages timer and other trees woods underwoods and the ground and soil thereof mines minerals quarries rights liberties privileges profits commodities advantages emoluments hereditaments and appurtenances whatsoever to the said Lots or Townships messuages lands or lands tenements and hereditaments herein before expressed to be hereby bargained and sold or any of them belonging or in anywise appertaining or to or with the same held used occupied or enjoyed or accepted

reputed deemed taken or known to be part parcel or member thereof or of any part thereof and the reversion and reversions remainder and remainders yearly and at her rents issues and profits of all and singular the said hereditaments premises To have and to hold the said lots or townships messuages lands tenements and hereditaments and parts and shares of lots or townships messuages lands tenements and hereditaments and all and singular other the premises herein before expressed to be hereby bargained and sold wsith their and every of their rights members and appurtenances unto the said Frederick Augustus Wetherall Thomas Brandram and Charles Ranken their executors administrators and assigns from the day next before the day of the date of these presents for and during and unto the full end and term of One whole year from thence next ensuing and fully to be complete and ended Yielding and Paying therefore unto the said Louisa Augusta Fanning her heirs or assigns the rent of one peppercorn on the last day of the said term (if the same shall be lawfully demanded) To the intent and purpose that by virtue of these presents and by force of the statute made transferring uses into possession they the said Frederick August Wetherall Thomas Brandram and Charles Ranken may be in the actual possession of all and singular the premises herein before expressed to be hereby bargained and sold with their and every of their rights members and appurtenances and may thereby be enabled to accept and take a grant and release of the freehold reversion and inheritance of the same unto them the said Frederick Augustus Wetherall Thomas Brandram and Charles Ranken their heirs and assigns To such uses upon such trusts and for such ends intents and purposes as are expressed and declared in and by a certain Indenture of Release already prepared and intended to bear date the day next after the day of the date of these presents and made between the said Louisa Augusta Fanning of the 1st part Sir Gabriel Wood therein described of

 

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the 2nd part and the said Frederick Augustus Wetherall Thomas Brandram and Charles Ranken of the 3rd part In witness where of the said parties to these presents have hereunto set their hands and seals the day year first above written

 

Louisa Augusta Fanning

 

Signed Sealed and Delivered by the within named Louisa Augusta Fanning in the presence of John H. Webber of Caroline Street Bedford

 

To all to whom these Presents shall come I Sir John Key Baronet Lord Mayor of the City of London In pursuance of an Act of Parliament made and passed in the 5th year of the reign of His late Majesty King George the 2nd Intituled An Act for the more easy recovery of Debts in his Majesty's Plantations and Colonies in America Do hereby certify that on the day of the date hereof personally came and appeared before me John Huish Webber the Deponent named in the Affidavit hereunto annexed being a person well known and worthy of good credit and by solemn oath which the said Deponent then took before me upon the Holy Evangelists of Almighty God did solemnly and sincerely declare testify and depose to be true the several matters and things mentioned and contained in the said annexed Affidavit

 

In faith and testimony whereof I the said Lord Mayor have caused the Seal of the Office of Mayoralty of the said City of London to be hereunto put and affixed and the Indentures of Lease and Release marked respectively A and B mentioned and referred to in and by the said Affidavit to be hereunto also annexed

Dated in London the 13th day of August in the year of our Lord 1831

 

Williams

 

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John Huish Webber of Caroline Street Bedford Square in the County of Middlesex Gentleman maketh oath and saith that he was present and did see Louisa Augusta Fanning duly sign seal and as her act and deed deliver certain Indentures of Lease and Release bearing date respectively the 24th and 25th day of June 1830 the Lease made between the said Louisa Augusta Fanning therein described of Upper Seymour Street Portman Square in the County of Middlesex Spinster (one of the daughters and Coheiresses at law and also one of the Devisees named in the last Will and Testament of Edmund Fanning late of Prince Edward Island in the Gulph of St. Lawrence North America Doctor of Laws and a General in the Army deceased) of the one part and Frederick Augustus Wetherall of Castlebear House Ealing in the said County of Middlesex Esquire Lieutenant General in His Majesty's Army Thomas Brandram of Lee in the County of Kent Esquire and Charles Ranken of Grays Inn in the said County of Middlesex Esquire of the other part and the Release made between the said Louisa Augusta Fanning of the 1st part Sir Gabriel Wood of Argyle Street in the said County of Middlesex Knight of the 2nd part and the said Frederick Augustus Wetherall Thomas Brandram and Charles Ranken of the 3rd part and hereunto annexed and marked respectively A and B And this Deponent further saith that he was present and did see the said Sir Gabriel Wood duly sign seal and as his act and deed deliver the said Indenture of Release And this Deponent further saith that the name Louisa Augusta Fanning set and subscribed to the said Indenture of Lease and Release and the name Gabriel Wood set and subscribed to the said Indenture of Release as the parties executing the same and also the name John H. Webber set and subscribed thereto as Witness to the execution thereof by the said Louisa Augusta Fanning and Gabriel Wood are of the respective and proper hand writing of the said Louisa Augusta Fanning Sir Gabriel Wood and this Deponent respectively

Sworn at the Mansion House in the
City of London this 13th day of August

1831 Before me

J Key

Mayor

John H. Webber

 

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