Indenture -- Isaac Hallman
#8125 Wallace
THIS INDENTURE made the seventeenth day of January 1902, in pursuance of the Act respecting Short Forms of Conveyances, and of the Devolution of Estates Act.
Between:-
John Weber of the Township of Howick in the County of Huron, Farmer, and Henry Sauder of the Township of Woolwich in the County of Waterloo, Farmer, the Executors of the last Will and Testament of Isaac Hallman late of the Township of Wallace in the County of Perth, Farmer deceased, hereinafter called the Grantors of the First Part, and
Nancy Hallman, Widow, Maria Fisher wife of Henry Fisher, Farmer, and said Henry Fisher and Isiah Hallman Farmer (a widower) all of the said Township of Wallace, Lovina Horn wife of Christian Horn, Emma Dippel wife of George Dippel Furniture Dealer and said George Dippel and Ephraim Hallman, Carpenter, (a bachelor) all of the Town of Listowel in the County of Perth, Melinda Liesemer wife of John Liesemer, Railway station agent and said John Liesemer both of the Village of Neustadt in the County of Grey, hereinafter called the parties of the Second Part, and
Menno Hallman and Christian Horn both of the Town of Listowel in the County of Perth, Carpenters, hereinafter called the Grantees of the Third Part.
WHEREAS the said Isaac Hallman was, at the time of his decease seized of an Estate of inheritance in fee simple in the lands hereinafter described and before his decease did duly make and publish his last Will and Testament bearing date the fifth day of January 1899 wherein he appointed the said John Weber and Henry Sauder to be Executors of his said Will.
AND WHEREAS the said Isaac Hallman died on the First day of April 1901 without revoking or otherwise cancelling or altering his said Will.
AND WHEREAS Probate of the said Will was granted to the Grantors of the First Part by the Surrogate Court of the County of Perth on or about the seventeenth day of April 1901.
AND WHEREAS the said Nancy Hallman, Maria Fisher, Isiah Hallman, Lovina Horn, Emma Dippel, Ephriam Hallman, Melinda Liesemer and said Menno Hallman one of the Grantees of the Third Part are the sole and only heiresses and heirs at law and next of kin of the said Isaac Hallman deceased and they constitute all the devisees mentioned in the Will of the said deceased and are the only parties entitled to share in the distribution of the proceeds of the Real and Personal Estate of the said deceased either as his lagatees, devisees, heirs, next of kin or otherwise and they as well as the other parties of the Second Part are now all of the full age of twenty-one years.
AND WHEREAS all the parties hereto of the Second Part have agreed to join in the conveyance for the purpose of granting and conveying all their respective right, title and interest in the lands hereinafter mentioned unto the Grantees of the Third Part.
NOW THEREFORE THIS INDENTURE WITNESSETH that (in pursuance of the powers vested in them) The Grantors of the First Part as personal representatives of the said Isaac Hallman, deceased and in consideration of the sum of Four thousand Seven hundred Dollars of lawful money of Canada to them in hand paid by the Grantees of the Third Part (the receipt whereof is hereby acknowledged) do grant and convey unto the Grantees of the Third Part in fee simple all that certain parcel or tract of land and premises situate lying and being in the Township of Wallace in the County of Perth and being composed of the South halves of Lots numbers Twenty-nine and thirty in the Second Concession of the said Township of Wallace containing one hundred acres more or less (subject however to a lease of the said premises to one John Dipeel now existing which expires 20th March 1902)
To have and to hold the same unto the Grantees of the Third Part their heirs and assigns to and for their sole and only use forever as tenants in common.
And the Grantors of the First Part covenant with the Grantees of the Third Part that they have done no act to encumber the said lands.
And the said parties hereto of the Second Part and each and every of them on behalf of themselves and each of them, their respective heirs, executors, administrators and assigns in consideration of the premises and of the sum of one dollar of lawful money of Canada to each of them in hand respectively paid by the Grantees of the Third Part at or before the selling and delivery of these presents (the receipt whereof is hereby acknowledged) have granted, released and quitted claim and concurred in this Deed and by these presents do grant, release and quit claim unto the said Grantees of the Third Part their heirs and assigns forever in fee simple all the Estate, right title interest claim and demand whatsoever both at law and in equity or otherwise howsoever and whether in possession or expectancy of them, the said parties of the Second Part and each and every of them and of their respective heirs, executors administrators and assigns of in, to or out of the said lands and premises hereinbefore described and conveyed or intended to be conveyed by this conveyance and they and each of them do hereby concur in the delivery of this Deed of said lands and premises to the said Grantees of the Third Part.
And the said Nancy Hallman, the widow of the said Isaac Hallman and one of the parties hereto of the Second Part in consideration of the premises and of the sum of one dollar in hand paid to her by the Grantees of the Third Part, the receipt whereof is hereby acknowledged) doth hereby grant and release and quit claim unto the said Grantees of the Third Part their heirs and assigns all her Dower and right and title thereto which the said Nancy Hallman now hath in the said lands or can or may or could or might hereafter have or claim in anywise howsoever in, to or out of the said lands, to have and to hold the same unto the said Grantees of the Third Part their heirs and assigns forever in fee simple.
In witness whereof the said parties hereto have here unto set their hands and seals. Signed, Sealed and Delivered in the presence of ……………………..