AFFAIRE-DESBARRES

in fee, by and under the last will and testament of Joseph. -F.-W. Desbarres, late of Halifax, in the Province of Nova-Scotia.

Sends Greeting :

Whereas the said Joseph F. W, Desbarres before and at the time of his death was the owner in fee simple of a large tract of land situate in Dorchester, in the Country of Westmoreland and Province of New-Brunswick, called « The Desbarres' Lower Grant », upon certain portions of which several Acadian French inhabitants hâve made improvements, between whom or some of whom, and the said Joseph F. W. Desbarres by his last Will and Testament duly executed, among other things devised the said tract of land and premises to the said Augustus Wallet Desbarres, James Fraser and Wilham Hersey Otis Haliburton in trust, in fee simple, and appointed them Executors of the said Will, with fuU power to sell and convey said premises or any part thereof, as by the said Will, or the Registry thereof in the Office of Registrar of Deeds and Wills for the said County of Westmoreland, will more fuUy appear. And whereas the said James Fraser departed this life before the death of the said Testator, and the said William Hersey Otis Haliburton refused and renounced the Executorship and trust to which he was so appointed, and hath also long since departed this life, leaving the said Augustus Waller Desbarres sole surviving Executor and devisee in fee under the said Will. And whereas... Fidelle... Godet... of Dorchester, in the County of Westmoreland and Province of New-Brunswick aforesaid... Yeeman... now occupies and lays claim to a certain portion of the said tract of Land, which said portion is hereinafter described, and in order to quiet and complète his title and to avoid litigation the said... Fidelle Godet hath agreed to purchase from the said Augustus Wallet DesBarres the said portion of Land so occupied by him, the said... Fidelle Godet for the considération or price hereinafter mentioned.

Now KNOW YE, that the said Augustus Wallet Desbarres, in considération of the premises and of the sum of Twenty-five pounds seven shillings and three pence... to him paid by the said Fidelle Godet... at or before the unsealing and delivery of thèse présents, the receipt whereof is hereby acknowdedged. Hath granted, bargained, sold, released, and confirmed and by thèse présents, Doth grant, bargain, sell, release, and confirm unto the said Fidelle Godet... his heirs and assigns, ail those certain pièces of parcels of Land situate in Dorchester aforesaid, on « the Desbarres' Lower Grant », so called, now in the occupation of the said Fidelle Godet... Described as follows, that is to say : A certain pièce of upland whereon he now résides, Bounded Eastiuardly by the road pcissing the Memramcook Chapel, Southwardly by land of Beloni Godet, Westwardly by the rear hne of the Memramcook lots and Northwardly by land of Peter Cudjoe White containing Fifty three acres. Also a certain other pièce Bounded Eastwardly by the Memramcook marsh so called, Southwardly by land of Beloni Godet, Westwardly by the

rear Une of the Memramcook lots and Northwardly by the Gore (1) pièce so called containing Eleven and one half acres. Also a certain other pièce Bounded Eastwardly by land of John Belliveau. Southwardly by land of Amand White, Westwardly by land of said John Belliveau and Northwardly by land of Peter White containing Twenty acres. Also several small pièces and parcels of marsh on the said Memramcook marsh as now actually occupied by the said Fidelle Godet containing together the quantity of Twelve acres. Also several small pièces and parcels of marsh land on the Belliveau Marsh so called on the Petitcodiac river containing together the quantity of five acres as also occupied by the said Fidelle Godet, together with ail the buildings, improvements, privilèges and appurtenances thereto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof — and ail the estate, right, title, interest, use possession, property, claim and demand either at law or in equity of him the said Augustus Wallet Desbarres of, in to or out of the said pièces or parcels of Land above described and conveyed with the appurtenances to holdithe same unto the said Fidelle Godet... his Heirs and Assigns to the only proper use, benefit and behoof of the said Fidelle Godet... his Heirs and Assigns forever. And the said Augustus Wallet DesBarres for himself, his Heirs, Executors and Administrators, doth hereby covenant and agrée to and with the said Fidelle Godet... his Heirs, Executors, Administrators and Assigns that he has good right and full power to bargain, sell and release the said pièces or parcels of Land, as aforesaid, and that he and they will forever warrant, secure and défend the same unto the said Fidelle Godet... his Heirs and Assigns against the lawful claims or demands of ail persons whomsoever claiming the same, by through or under the said Joseph F. W. Desbarres, whether as Heir, Heiress, Devisee or Devisees of the said Joseph F. W. Desbarres.

In witness whereof the said Augustus Wallet DesBarres by Alexander Stewart... his Attorney hath herunto set his hand and seal the first... day of November in the year of Our Lord One Thousand Eight Hundred and Forty two.

Signed, Sealed and Delivered in présence of

The Words « to hold the same » Aug. W. Desbarres,

being first interhned by his Att.

Wm. B. Chandler. Alex. Stewart.

New Brunswick p.

Be it remembered that on this tv/enty eighth day of August in the year of Our Lord one thousand eight hundred and forty seven, before me Edward B. Chandler a member of Her Majesty's Législative Council in and for the Province of New-Brunswick, personally appeared Alexander Stewart the Attorney of Augustus W. Desbarres the grantor within named and acknowledged that he as such Attorney had in the name of the said grantor duly signed, sealed and

(1) Gore pièce, veut dire pièce pointue, triangulaire.