No 1226
27th February 1860
Gift or Donation
by
Peter Creller
&
Ann S Creller
to
Lewis J Reed
&
Almira Creller, his wife
On this day , the twenty seventh of the month of February in the
afternoon, in the year of our Lord, one thousand eight hundred
and sixty, before us the undersigned public Notaries, duly
commissioned and sworn in for that part of the Province of Canada,
hereto called Lower Canada, residing in the District of Iberville
Came and appeared personally Mr. Peter Creller , farmer of the
parish of St. George of Clarenceville in the county of Missisquoi in the
District of Bedford and Miss Ann Sylvia Creller, spinster of the said
place of St. George of Clarenceville , daughter of age and usant de
ses faits :
Who in the view to secure the services of Mr. Lewis John Reed and
Almira Creller, his wife, their grandson in law and granddaughter
and nephew & niece, during their old days to renumerate them of
all such services as they may receive from them, have hereby
acknowledged and confessed to have given, transferred, assigned
and made over and do hereby give, transfer, assign and make over,
from henceforth and for ever, under the title of Donation entrevifs,
puse simple et irrevocable and in the best form that a Donation can
be made, without any intent to revoke the same, ( except ) for causes
of nonfulfilment of the charges, clauses and stipulations herein after
mentioned, with promise of warranty against all other gifts, debts ,
(xxxx) mortgages, substitutions and alienations and other
hindrances generally whatsoever, unto said Mr. Lewis John Reed,
farmer of said parish of St. George of Clarenceville and Almira
Creller his wife ,by him well and duly authorized for the purposes
and effect thereof, hereto present and accepting thereof, does for
each one half their heirs and assigns to wit :
The said Peter Creller the just undivided half and the said Ann
Sylvia Creller the just and undivided quarter of the piece, tract or
parcel of land Known and distinguished as Lot No. nine, in the
seventh rang of concessions of lots on the Seigniory of Noyan said
parish of Clarenceville, being the said full lot , four arpents in front
by twenty eight in depth, be the same more or less , bounded West in
front by the sixth concession of the said Seigniory, East in rear by the
Eight concession on one side South be the Lot No. ten owned by Rufus
Horatio Creller and North on the other side by lot No. eight owned by
Edward Sawyer, with the same rights in the buildings and other
improvements on said premises, with all and every xxx members and
appertenances xxxx belonging, of all which the said Reed and his
wife, Donees declare to be content and satisfied having seen and
viewed the same previous here to without any other reserve, by said
Peter Creller & Ann Sylvia Creller, Doners that those hereinafter
mentioned, who are lawfully seized of said share and rights in said
premises, the said Peter Creller by deed of concession of Edme Henry’s
quality executed before Maitre P Gamelin , his colleague Notaries on
the seventh day of March eighteen hundred and twenty three and
the said Ann Sylvia Creller by the last Will and Testament of Mrs.
Orpha Denton, her mother, executed before the said Gamelin and
witnesses on the twenty fifth day of April, eighteen hundred and
forty six , copies of which said titles, the said Doners have presently
delivered to said Donees, acquit where of.
The said Doners have further given and granted to said Donees ,
hereto accepting, the following stock, farming utensils and
household furniture, or their rights there in to with Twenty old
sheep, one cow, one three year old heifer and one yearling steer, one
old brown mare and colt ,one half of a double harness and one
single harness, one single waggon, one double waggon, one double
sleigh, one plough, one dragg and other agricultural tools and all
their rights in the household furnitures such as they now are and
stand , without any exception nor reserve, of all which the said
Donnees declare to xxx a perfect knowledge, having seen and viewed
the same previous hereto, and there with they are content and
satisfied, being already in possession of the same stock and articles.
To have and to hold, use, enjoy, and dispose of said hereby given
land and premises and moveable property or share therein by said
Donees, their heirs and assigns, as their own and proper freehold
forever by virtue hereof and to enter upon and take possession there
of immediately, under the reserve and restrictions hereinafter
made.
This present gift or Donation so made in manner aforesaid at the
charge by said Doners, as they do hereby list and obligate
themselves, their heirs and assigns jointly and severally, the one for
the other :
1st To pay and acquit at the discharge of said Doners, all arrears of
Cens & Rentes which may be due on said hereby given land and
premises and accrued up to this day and in future those which will
accrue or become due thereon according to the Terre of the
Seigniorial tenure act of 1855.
2nd To pay and acquit also at the discharge of said Doners all lawful
debts that they may be owing, in such manner that they will never be
troubled not disturbed on account of the same
3rd To take a good care of said Doners and each of them, during the
rest of their days to procure the Doctor in sickness and give them all
necessary attendance, to keep and support them well and decently
and according to their rank condition and state, to give them all
necessary clothing and other things necessary and required to lead
a comfortable life, to board them at their own table and in (fine) to
use and heat them as well as their rank and condition will require
and at their death to have them interred in a Christian like
manner, in the burial ground of Beech Ridge and place a tomb
stone on their grave, during the year following the day of their
decease.
In the view to prevent any trouble or misunderstanding between the
parties hereto and in case that the said Donees, or one of them
should not treat the said Doners as above mentioned, it hath been
agreed and covenanted by and between the said parties that said
Doners will have a retain during the natural course of their life the
use , enjoyment and usufruct of the said hereby given land and
premises and moveable property for their support and maintenance,
without any right to mortgage or alienate said property for their
said support , however the said Donees do hereby agree, bind and
obligate themselves, their heirs and assigns to live with the said
Donees and to till and work the said hereby given premises and out
of the proceeds to support and maintain in the manner aforesaid,
the said Doners, during their said natural life and if there was any
residue after all the household expenses paid and all other
necessaires taken out and reserved , such residue to be and remain
the property of the Donnees and as a remuneration for their services
but however it is well understood that if the said Donees should
misuse the said Doners or neglect, refuse to support them as above
mentioned they the said Donees of the survivor of them will have the
right to dismiss and turn off of the house the said Donees. And live
by themselves out of the proceeds of the said hereby given land and
premises. And the said Donnees in that case, will have the right to
take away all the stock raised by them and lose property that they
shall acquired, leaving however on said premises as much of the
stock and lose property as they now receive by these presents.
4th At the charge again by said Donees their said heirs and assigns
to pay and aquit Orpha Demerza Creller, actual wife of John Smith
farmer of Illinois in the United States, the sum of sixty dollars, to be
paid said sum one year after the decease of said Peter Creller her
father and to be in lieu of all legitimate that the said Orphal D
Creller could claim or have and (Fuetens) in the estate and
succession of her said father and providing that she said Orpha D
Creller does not claim, any proportion of the household furniture to
her given by the last Will and Testament of the late Orpha Denton ,
her mother.
5th The said Peter Creller hath hereby declared that he does not
intend to give anything by this present deed of Donation to Rufus H
Creller and the representatives of the late William Creller his two
sons, considering that they have heretofore received their full share
and proportion in his future estate and succession.
6th it is further agreed and covenanted by and between the said
parties that said Donees will have no right to dispose of said hereby
given land and premises during the course of the natural life of said
Doners without having first obtained their written consent.
And for the insinuations or registration of these presents, said
parties have consulted their attorney the bearer of a true copy
hereof.
And for security of the fulfillment and accomplishment of all the
charges and stipulations above mentioned the said shares and
rights in the said lands and premises will remain hypothecated and
mortgaged favour of said Doners by privilege of bailleum de fonds
And in consideration of the premises, the said Doners have hereby set
over to said Donees, their said Heirs and Assigns all right of
property, claims, titles, interests, demands possessions and other
rights generally whatsoever, while they and each of them had or
pretended to have into, out and upon the said herein described
premises, consenting and agreeing that the said Donees be and
remain seized and interested with the full and entire possession
there of as of rights and for that purpose hereby consulting their
attorney the bearer of a true copy hereof for thus
And for the execution hereof said parties have made election of
domiclie at their place of residence aforesaid
Where “ Promissing “ “Obligating”
Thus done and passed at St. George of Clarenceville, in the dwelling
house of said Doners, the day, month, and year first above written
under the number one thousand two hundred and twenty six and
said parties have all signed these presents, with and in the presence
of us said Notaries after due reading of the same according to law.
Signed Peter Creller his X mark
Ann Sylvia Creller
Lewis John Reed
Almira C Reed
E R Demers NP
Tho.. Brassant
As may appear on the original hereof remaining of record in my
office
Five erased words are null and void, Two over charged words good.
I do hereby certify this Instrument was fyled for Enregistration in
Misisquoi County Registery office at the hour of eleven in the
forenoon on the twenty eighth day of March one thousand eight
hundred and sixty and that the same was entered and registered at
full length in the Fourteenth volume of the Register B page 156 No
5248.