No. 34007 Hamilton
Dated 25th Nov. 1885
Mary Baker McQuesten
Elizabeth Fuller McQuesten
Jones McQuesten & Chisholm
I, CERTIFY THE WITHIN INSTRUMENT WAS DULY ENTERED AND REGISTERED IN THE Registry Office for the County of Wentworth in Book for the City of Hamilton at three O'clock Fifty minutes of the Thirteenth day of December A.D. 1885 number 34007.
[Signed] [?Miles Ouvuient?]
Box 14-108 DECLARATION OF MARY BAKER MCQUESTEN AND ELIZABETH FULLER MCQUESTEN
Nov 25 1885
TO ELIZABETH FULLER MCQUESTEN and all others whom, these Presents may concern.
I, Mary Baker McQuesten, Wife of Isaac B. McQuesten, of Hamilton, Barrister, Do hereby for myself, my heirs executors administrators and assigns Acknowledge and Declare that Elizabeth Fuller McQuesten is entitled to her Dower or Right to dower (as the Widow of Calvin McQuesten, deceased, heretofore of said city, Physician) of and in the following lands viz. All and Singular those certain parcels or tracts of lands and premises, situate lying and being in the said City of Hamilton containing by admeasurement One acre be the same more or less being composed of City Lots Number Eighty-One, Eighty-two, One Hundred and one and One Hundred and two of that part of the City of Hamilton laid out into Lots by P.H. Hamilton, Esquire, and being in the Block bounded by Jackson, MacNab, Hunter and Charles Streets in the said City of Hamilton of which lands I am the owner in fee simple and I for myself my heirs executors and administrators do further acknowledge and declare that I am aware of the terms and conditions of a certain Agreement of equal date herewith made between the said Calvin B. McQuesten and Isaac
Isaac [sic] B. McQuesten of the first part and the said Elizabeth Fuller McQuesten of the Second part, whereby it is provided that the said Elizabeth Fuller McQuesten shall postpone the enforcement of her said Dower or Right to dower so long as certain annuity of Five Hundred Dollars therein mentioned is paid to her as therein mentioned during her life and that said Dower or Right to dower is to subsist and remain as a charge on said lands to secure such payment; Now I do for myself my heirs executors administrators and assigns hereby Confirm and acknowledge said charge of Dower and Right to dower and agree and declare that the same shall be remain and subsist as a charge on said lands in favor of said Elizabeth Fuller McQuesten as a security for the due payment of such portion of such Annuity as the value of the Dower upon the said premises is determined to be, as hereinafter appears to said Elizabeth Fuller McQuesten during her life Provided that the said Dower or Right to dower and the charge hereby created shall not be enforced by suit or action in the nature of a Writ or Action of Dower so long as said Annuity is duly paid1
And Provided further that said Dower shall be released on security being given to said Elizabeth Fuller McQuesten to her satisfaction for the due
due [sic] payment of said Annuity as provided in said agreement Provided that the payment of the said Annuity of Five Hundred Dollars or any portion thereof shall for each year (or such portion of a year as the portion of the Annuity paid may fully cover) that it may be paid operate as a Release and in full satisfaction and discharge of all Dower or Right to dower of the said Elizabeth Fuller McQuesten against the said lands for such year or portion of a year as the case may be from time to time and that the said Elizabeth Fuller McQuesten shall at any time, at the request of me the said Mary Baker McQuesten execute a ["partial" crossed out] Release of the money or paid on account of her Dower or Right to dower upon the said lands in my favour upon a proper ["conveyance" crossed out] release being rendered to her the said Elizabeth Fuller McQuesten, provided that the said Annuity shall have been fully paid for and during the period of time which such Release of Dower purports to cover
Provided that nothing herein contained shall in any way interfere with my rights as they have heretofore subsisted or at any future time may subsist to have the amount hereby fixed for Dower upon the said premises set apart and the said lands released therefrom as fully and freely as if this Declaration and acknowledgement had not been given by me.
And Provided that ["such amount so set" crossed out] the Dower of said Elizabeth Fuller McQuesten
McQuesten [sic] in respect of the lands herein before mentioned is hereby fixed at the sum of Two Hundred and Fifty Dollars per annum and that said Mary Baker McQuesten shall have the right to have the same released at any time upon her paying Four Thousand Dollars to the Trustees to be appointed as hereinafter mentioned which amount shall be held by such Trustees upon the Trust hereinafter mentioned, that is to say: such amount so set aside for purposes of dower may be invested in the name or names of such Trustee or Trustrees as may from time to time be agreed upon by the said Elizabeth Fuller McQuesten and myself the said Mary Baker McQuesten instead of being paid into Court, and the interest to the extent of Two Hundred and fifty Dollars (which is hereby declared to be the ascertained value of the annual amount chargeable by way of Dower upon the said lands, or to be paid from the investment of money representing the Principal money from which Dower is to accrue) uipon such investments to be treated as Dower and paid unto the said Elizabeth Fuller McQuesten or to me according as there may or may not be default in payment in payment of the said Annuity (any interest over and above such Two Hundred and Fifty Dollars to be paid to me in either event).
And upon the death of the said Elizabeth Fuller McQuesten the Principal money to be paid to me
And I, the said Elizabeth Fuller McQuesten (in consideration of the said Mary Baker McQuesten having executed for my benefit the foregoing declaration in witness whereof I have also signed this Declaration) hereby Declare that for purposes of fixing and allotting Dower
Dower [sic] and the rights of my Dower in and to the lands especially set out and fully described in this previous portion of this Declaration the said lands being Lots Eighty-one, Eighty-two, One Hundred and one and One Hundred and two in Block bounded by Jackson, MacNab, Hunter and Charles Streets in Hamilton aforesaid, the sum of Twelve Thousand Dollars shall be secured to be the full value of the fee simple of the said lands and in case of any action for dower being brought at any time against the said lands by me, the said Isaac B. McQuesten or the present owner in fee simple of the said lands or any person or persons claiming by through or under her shall have the right to set up this Declaration as conclusive evidence of the full value of the said lands and the said lands shall not be charged with Dower for by or on behalf of me or any one claiming through or under me to a greater extent or amount than would be assessed or charged against real estate of the value of Twelve Thousand Dollars aforesaid
Dated the twenty-fifth day of November A.D. 1885.
As to signature of
Mary B. McQuesten
As to sig. E. F. McQuesten
[Signed] Mary B. McQuesten
[Signed] E. F. McQuesten
1 We have a receipt for quarterly payment of this annuity, see Box 14-100.
For more on the struggle over the estate, see W-MCP5-6.351.