File IMC-070 - Deed between Robert Archibald Morrow (1st part), Harriet Josephine Gilchrist (2nd part), and The Reverend Mark Burnham and Charles Alexander Weller (3rd part), Peterborough Ontario

An original five-page document donated in 2012 by Mr. Bob Enns. The donor received it in 1985 from Mrs. Mary Collins of Peterborough, stepdaughter of H.A. Morrow who was the son of Robert Archibald Morrow.

None. Records are open.

Transcription

This indenture… made the Twenty-th day of January in the year of our Lord One Thousand Eight Hundred and Sixty five Between Robert Archibald Morrow of the Town of Peterborough in the county of Peterborough Gentleman of the first part Harriet Josephine Gilchrist of the village of Colborne in the County of Northumberland Spinster of the Second part, and The Reverend Mark Burnham of the Village of Ashburnham in the County of Peterborough Clerk and Charles Alexander Weller of the Town of Peterborough a forward Esquire of the Third part.
Whereas a marriage is intended to be solemnized between the said Robert Archibald Morrow and the said Harriet Josephine Gilchrist.
And Whereas the said Robert Archibald Morrow is entitled to the sum of Five Thousand Four Hundred and Fifty pounds Capital Stock of the Bank of Montreal, and being one Hundred and Nine shares Thereof at present-standing in the Books of said Bank in the names of Walter Sheridan and James Morrow the Executors and Trustees appointed for that purpose in and by the last will and testament of the late [-ghtry] Morrow deceased the father of the said Robert Archibald Morrow and under and by virtue of which said will the said Robert Archibald Morrow has become entitled to the said Bank Stock.
Now this Indenture Witnesseth that in consideration of the said intended marriage and to the intent that the said Bank Stock and the dividends and profits thereof may be secured and applied upon the Trusts and to and for the intents and purposes hereinafter mentioned and Expressed intents the said Robert Archibald Morrow Doth hereby bargain sell assign transfer and set over unto the said Reverend Mark Burnham and Charles Alexander Weller the said sum of Five Thousand Four Hundred and Fifty pounds Capital Stock of the Bank of Montreal being One Hundred and Nine Shares thereof as standing in the names of Walter Sheridan and James Morrow as aforesaid.
Together with all the right title interest claims on demand therein or thereto which he the said Robert Archibald Morrow now hath or may at anytime hereafter have to hold the said Bank Stock and the dividends and profits thereof unto the said the Reverend Mark Burnham and Charles Alexander Weiler and to the survivor of them and to the executors administrators and assigns of such survivor: to and for the uses intents and purposes following that is to say – In Trust for the said Robert Archibald Morrow his executors administrators and assigns until the solemnization of the said intended marriage. And from and immediately after the solemnization thereof in trust that they the said Reverend Mark Burnham and Charles Alexander Weiler and the survivor of them and the executors administrators and assigns of such survivor do and shall permit and suffer the said Robert Archibald Morrow and his assigns during the time of his natural life to have receive and take Fr his and their own proper use and benefit all the dividends interest and other profits which shall during his life accrue and or be made from the said Bank Stock. And from and immediately after the decease of the said Robert Archibald Morrow there upon Trust-in case the said Harriet Josephine Gilchrist shall survive the said Robert Archibald Morrow to permit and suffer the said Harriet Josephine and her assigns during her natural life to receive and take to her and their proper use and benefit all the dividends interest and other profits which shall during her life accrue arise or be made from the said Bank Stock. And immediately after [ ] of the survivor of them the said Robert Archibald Morrow and Harriet Josephine Gilchrist. There upon this Further Trust that they the said Reverend Mark Burnham and Charles Alexander Weiler and the survivor of them and the Executor [ ] of such survivors their or his assigns Do and shall pay assign and [ ] for the said Bank Stock and the dividends interest and other produce thereof unto and amongst all and every the child and children of the said Robert Archibald Morrow and Harriet Josephine Gilchrist and their children in case any of them shall be there dead leaving issue in such parts and proportion and at such time and times such in such manner and form as the said Robert Archibald Morrow and Harriet Josephine Gilchrist during their joint lives shall by any deed or deeds with or without power of revocation and new appointment jointly direct or appoint. And in default of such joint direction or appointment and so far as no such joint direction or appointment shall extend then unto and arranged such child or children of the said Robert Archibald Morrow and Harriet Josephine Gilchrist and their children in case any of them shall be there dead leaving issue in such parts and proportions and at such time and times and in such manner and form as the survivor of them the said Robert Archibald Morrow and Harriet Josephine Gilchrist by any deed or instrument in writing to be by his or her signed and sealed or by his or her Last Will and Testament duly executed shall direct or appoint and in default of such direction or appointment there unto and amongst all and every child and children of the said Robert Archibald Morrow and Harriet Josephine Gilchrist and their children in case any of them shall happen to be dead leaving children but so as that the children of the said sons and daughters of the said Robert Archibald Morrow and Harriet Josephine Gilchrist as shall then happen to be dead shall be entitled to the share which his her or their father or mother should have been entitled to of having equally to be divided amongst such children if there be more than one share and if but one there wholly to such one, the share of such children being ones to be paid assigned or transformed to him or them as and when they shall attain the age of twenty one years respectively and the shares of such of them as shall be daughters to be paid assigned and transformed as they shall attain the age of twenty one years or be married respectively and the shares of such of them which shall first happen after the decease of the survivor of them the said Robert Archibald Morrow and Harriet Josephine Gilchrist. But if any such child being a son shall attain his age of twenty one years or being a daughter shall attain that age or marry in the lifetime of the said Robert Archibald Morrow and Harriet Josephine Gilchrist or the survivor of them the share of such child shall not be paid transformed or assigned during the lifetime of the survivor of them the said Robert Archibald Morrow and Harriet Josephine Gilchrist – Provided always that if any such child being a son shall die without issue before he shall attain the age of twenty one years or being a daughter shall die before attaining that age without having been married then the share or shares of his or her so dying shall from [ ] time go accrue and before [ ] the survivor or survivors of such children and be paid assigned or transformed to him her or their equally share and share alike at such times and in such manner as is herein before directed [touching] his her or their original share or shares. And in case of the death of any other or others of such children before he or she shall have attained such age or married as aforesaid there all and every such accruing share of the said trust monies and stock shall again from time to time be subject to such further right chance contingency or condition of accruer or survivorship as is herein before declared of and concerning his her or their original shares.
And upon this Further Trust that they the said Reverend Mark Burnham and Charles Alexander Weller and the survivor and the executors and administrators of such survivor shall in the meantime after the death of the survivor of them the said Robert Archibald Morrow and Harriet Josephine Gilchrist and until the said trust monies and stock shall become payable or transferable by virtue of the trust aforesaid receive the dividends interest and produce thereof respectively and pay the same into the hands of the guardian or guardians of such child or children in order that such dividends interest and produce may be respectively applied for and towards the respective main [tenance] and education of the said child or children if more than one accruing and in proportion to their respective [export] and shares of and in the said Bank Stock.
And it is hereby declared that the said Reverend Mark Burnham and Charles Alexander Weller or the survivor of them or the executors or administrators of such survivor may pay the said dividends interest or produce of the said Bank Stock to the guardian or guardians of such child or children without seeing to the application thereof or being answerable for the misapplication or nonapplication thereof. And in case there shall be no such son or daughter nor any issue of such son or daughter being at the time of the decease of the said Harriet Josephine Gilchrist Upon Trust that they the said Reverend Mark Burnham and Charles Alexander Weller or the survivor of them or the executors or administrators of such survivor do and shall immediately after the decease of the said Harriet Josephine Gilchrist and such failure of issue as aforesaid assign and transfer the said Bank Stock and all interest and dividends then accrued or accruing thereon unto the use of the said Robert Archibald Morrow his executor administrator and assigns to and for his and their own proper use and benefit.
And it is hereby declared and agreed that it shall and may be lawful for the said Reverend Mark Burnham and Charles Alexander Weller at any time during the joint hires of the said Robert Archibald Morrow and Harriet Josephine Gilchrist or during the life of the survivor of them by said with the consent in writing of the said Robert Archibald Morrow and Harriet Josephine Gilchrist or of the survivor of them to sell and dispose assign and transfer the said Bank Stock either wholly at one time or portions thereof from time to time as may appear to them advantageous or desirable and to invest the proceeds of such sale [ ] sales in Bank or other stock or in securities upon real estate or partly in on and partly in the other and they the said Reverend Mark Burnham and Charles Alexander Weller and the survivor of them and the executors or administrators of such survivor shall hold such Bank or other Stock and such securities upon such real estate and the monies therein invested and the interest dividends and produce thereby payable upon and subject to the same uses and trusts in all respects as are by these presents declared with respect to the Bank Stock hereby bargained and sold assigned transferred and set over and the dividends interest and produce thereof. Provided always and it is hereby declared and agreed by and between the parties to these presents that the said Reverend Mark Burnham and Charles Alexander Weller and the heirs executors administrators and assigns of them and each of them shall be changed [charged] and changeable [chargeable] respectively only for such monies as they shall actually receive by virtue of the trusts hereby is their [reposed] notwithstanding his or their giving or signing any receipts for the sake of conformity. And any or either of them shall not be answerable for the other or others of them but each and every of them only for his and their own acts receipts neglects and defaults respectively. And that neither or any of them shall be answerable or accountable for any banker broker or other person with whom or in whose hands any part of the said trust monies shall or may be deposited or [-ed] for safe keeping or otherwise in the execution of the trusts hereinbefore mentioned and that they or any of them shall not be answerable or accountable for the insufficiency or deficiency of any securities stocks or funds in or upon which the said trust monies or any part thereof shall be placed out or invested nor for any other life misfortune or damage which may happen in the execution of any of the aforesaid trusts or in relation thereto [ ] the same shall happen by or through their own wilful defaults respectively. And also that they the said trustees and each of them and the executors administrators and assigns of each of them shall and may by and [out] of such monies as shall come to their respective hands by virtue of the trusts aforesaid [retani] to and reimburse himself and themselves respectively all [cor-] changes damages and expenses which they or any of them shall or may suffer sustain expend disburse or be part to in the execution of the aforesaid trusts or in relation thereto. And the said Robert Archibald Morrow for himself his executors administrators and assigns doth hereby Covenant with the said Reverend Mark Burnham and Charles Alexander Weller that her or they shall and will so soon hereafter as it can be done cause the said Bank Stock hereby transformed and assigned and every part through to be transferred and assigned upon the Stock Books of the said Bank of Montreal to the said Reverend Mark Burnham and Charles Alexander Weller or the survivor of them or the executors administrators or assigns of such survivor. And moreover that her the said Robert Archibald Morrow his executors administrators and assigns and every other person having or lawfully or equitably claiming or who shall or may at any time or times hereafter have or lawfully or equitably claim any right title or interest whatsoever in or to the said Bank Stock or any part thereof hereby transformed or assigned or intended so to be by from under or in trust for him shall and will from time to time and at all times after the solemnization of the said intended marriage upon every reasonable request to be made for that purpose by the said Reverend Mark Burnham and Charles Alexander Weller or the survivor of them or the executors administrators or assigns of such survivor at the costs and changes of him the said Robert Archibald Morrow his executors administrators or assigns make do acknowledge and execute all and every such further other lawful acts deeds things devises conveyances assignments releases and assurances in the law whatsoever for the further better more perfectly and absolutely conveying transferring assigning and assuring the Bank Stock hereby assigned conveyed and transferred or intended so to be and every part and parcel thereof to the uses upon and for the trusts intents and purposes and with under and subject to the powers provisoes agreements and declarations hereinbefore limited expressed or declared of or concerning the same or such of [them] as shall be then subsisting undetermined or capable of taking effect as by the said Reverend Mark Burnham and Charles Alexander Weller or the survivor of them or the executors or administrators of such survivor. Their or his assigns or any of their parties interested in the premises or their or any of their Counsel in the law shall be reasonably devised or advised and required.
In witness thereof… The said parties hereto have hereunto set their hands and seals the day and year first above written-
Signed and sealed and delivered in the presence of
John Burnham [signature] who witnessed the signatures of all the parties
[signatures of each party]
R.A. Morrow
H.J. Gilchrist
Mark Burnham
C.A. Weller