Transcript:Donation Entre-Vifs, Smith to Briggs

Before the Subscribing Notary Public residing at St. Armand, in the County of Bedford, in the District of Montréal, in the Province of Lower Canada, personally appeared, Tamplin Smith, of St. Armand aforesaid, Yeoman, who, in the presence of the said Notary and of the Witnesses hereinafter named, voluntarily declared and acknowledged that from friendly regard & good will for Lydia Briggs, the wife of Robinson Haykes of the same place, Blacksmith, and with a view to promote & secure her own and her family’s welfare, he the said Tamplin Smith hath ceded, granted & given and by these presents doth cede, grant, transfer, alien, convey & confirm & give from henceforth for ever, under the title of Donation Entre-vifs, pure, simple & irrevocable and in the best form & manner that Donation can be made, without any guarantee soever soever [sic] on his part other than of his own deeds & promises, unto the said Lydia Briggs, present hereto & accepting being therefore & to & for every the intents & purposes of these presents duly authorized by her said husband present hereto the pieces & parcels of Land following, Situate, lying & being in the Seignory of St. Armand aforesaid, that is to say,

Firstly the equal three Eighths part or the equal Moiety of the equal three fourth parts of Lot number ninety two; the said three eighth measured off of the Easterly end of the said Lot and severed therefrom by a line drawn across the same Parallel with the Easterly boundary line thereof containing seventy eight acres & three roods of Land by superficies by the same more or less;

Secondly, the equal westerly half or moiety of Lot No. eighty one, severed from the other moiety by a line drawn across the said Lot parallel with the end lines thereof;

Thirdly, one acre of Land in superficies part & parcel of lot No. eighty three, the said one acre lying on the northerly side of & fronting the highway leading from Frelighsburg to Missisquoi Bay and extending along the same line ____ and northerly between parallel side lines so far as is requisite to complete the said acre, bounded westerly & northerly by the land of the representatives of the late Adam Sager & easterly by Caleb Carr’s Land, on which piece of Land the dwelling houses now occupied by the said Haykes & certain out houses stand;

Fourthly, twenty seven perches of land in superficies _____ to her part & parcel of Lot No. eighty two, the said piece thereof lying on the southerly sides and fronting the aforesaid highway and is the piece upon which a blacksmith shop & a framed Barn now stand, nearly opposite to the aforesaid dwelling house;

Fifthly and lastly, seven acres & one rood of land in superficie, part & parcel of the aforesaid Lot Number eighty two; the said piece & parcel thereof lying on the southerly side of the highway aforesaid leading to Missisquoi Bay, its extent along which said highway and therefrom southerly cannot here be precisely ascertained but is enclosed with fences and bounded Westerly & Southerly by the land of the representatives of the late Adam Sager and Easterly partly by John Martin’s Land and partly by Benjamin Ganson’s Land.

As all & each the said pieces & parcels of land are with all the buildings, & other improvements erected & made on them and generally all & every the Estates & estate, Rights, Titles, Interest, property, claims & Demand whatsoever, of him the said Tamplin Smith of, in, to, or out of the said pieces & parcels of Land & premises and of in & to every part & parcel thereof, of all which he the said Tamplin Smith doth hereby disseize & divest himself both in favor of the said Lydia Briggs, her heirs & assigns forever, To have and to hold unto her the said Lydia Briggs as Estate of the nature of propre, so called & denominated in the Law of this Province, and not otherwise , to the only use & behoof of her this said Lydia Briggs; her heirs & assigns forever by virtue of these presents, as the same was unto him the said Tamplin Smith conveyed by the aforesaid Robinson Haykes by Deed dated the 2nd day of February now last past, executed before the Said Notary. – Subject, nevertheless, to the payment of Shares (proportionate to the contents of each the afore described pieces & parcels of Land) of the annual & perpetual Quit Rent wherewith the aforesaid Lots, of which they are parts are charged by their Respective Deeds of concession, as with the arrears thereof now due or those to become due. –

This Grant & Gift is thus made upon the charges & condition that the said Lydia Briggs Shall and She doth hereby, by & with the advice & approbation of her said husband here present, promise bind & oblige herself to save & keep harmless the said Tamplin Smith & his Heirs of & from the payment of the Sum of one hundred dollars & of all the interest now grown due thereon by the amount what it may, due to Samuel Embury by of St. Armand aforesaid, by a promissory note unto him signed & delivered by the Said Tamplin Smith & the Said Robinson Haykes jointly, and the further Sum of Seventy five dollars & the interest thereof due to James Reynolds of Said St. Armand, by promissory note also unto him Signed & delivered by them the Said Smith & Haykes, and for Securing the Said Tamplin Smith & his Heirs of & from the payment of the Said Sums & the interest the and of any part or parcel of them, the Said Lydia Briggs doth hereby consent grant & agree that the hereby demised & given pieces & parcels of Land & premises by until the final payment of the aforesaid sums be hereby held bound mortgaged & hypothecated, for thus &c and or the due execution of these presents the said Parties thereto have to made election of their Domicils at their present respective dwelling where &c notwithstanding &c promise &c obliging &c renouncing &c -And for the purpose of causing these presents to be registered wheresoever requisites have made & constituted their lawful Attorney the ______ thereof giving him the necessary power therefor. Thus done & passed in St. Armand aforesaid in the offices of the said Notary in the afternoon of the ninth second day of October in the year of Our Lord, one thousand Eight hundred & twenty one in the presence of James Harvey & Daniel Ingalls, the said Witnesses, and the said Parties and we the said Notary & Witnesses have to these presents (first duly read) Set & subscribed our Respective Names In faith and testimony of the premises.

Tamplin Smith Lydia X Briggs – her mark Robinson Haykes

[Witnesses]: James Harvey, Daniel Ingalls [Notary]: Léon Lalanne

• Transcribed by HLJ411, April 2016

Protonotaire Bedford (fonds) Greffes des notaires (Léon Lalanne) ANQ Film #500/60 (31 août 1820-18 déc. 1822). NOTE: Lalanne is referenced at the ANQ as CN502,S26. Currently (May 2016) the files are only available from ANQ through microfilm.

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