Box 14-109 DECLARATION OF TRUST BETWEEN ADAM BROWN, CHARLES ROBB AND JOHN [KNOX] FISHER
Feb 1 1857 [approximate date]1
DECLARATION OF TRUST
& Charles Robb
Freeman Craigie & Proudfoot
Whereas John Fisher late of the City of Hamilton in Canada but now of Batavia in the State of New York Esquire,2 being desirous of advancing the interests of the Presbyterian Church of Canada, by a deed bearing date the___________day of February in the year of our Lord one thousand eight hundred and fifty seven and made by Peter Ferguson of the said City of Hamilton Gentleman procured to be conveyed unto Adam Brown of the said City merchant and Charles Robb of the same place Esquire their heirs and assigns as joint tenants the following piece of land namely Lot number sixty three lying in the Block between Ferguson Gore Cathcart and Wilson Streets in the said City of Hamilton in the survey of lots in the said City the property of the said Peter Ferguson, according to the plan thereof made by Thomas Allen Blyth Provincial Lands Surveyor.
Now for the purpose of shewing [sic] in all time to come the object and purposes for which the said conveyance was made and the duty of the said Adam Brown and Charles Robb in reference thereto it is hereby declared that the said conveyance was made and that the land thereby conveyed shall be held for the use and benefit of a Presbyterian Congregation to be hereafter formed in said City of Hamilton which shall hold to the Religious faith Principles and Church Government of the Presbyterian Church of Canada and be in connection therewith and no other, for a site for a Church building, manse, or any other purpose for which Religious Denominations are empowered or shall hereafter be empowered by the laws of Canada to hold lands, with power to the said Adam Brown and Charles Robb and to the survivor of them his heirs and assigns, first, to convey or devise the said piece of land to the trustees of such congregation elected for the purpose of taking and holding real estate for the uses thereof for any of said purposes; secondly if they or he shall be of opinion that said land is not well situated for the uses of said congregation, then to sell it and apply the purchase money in buying other land which in their or his opinion may be better situated or to exchange it for such other land: thirdly if they or he shall be [of] opinion at any time hereafter that said Lot will not be needed for any of said purposes within ten years from the date hereof, then to sell it and to pay and apply the proceeds of the sale for the benefit of the two congregations
["Congregations" written in lower left hand corner]
Congregations [sic] in the City of Hamilton at present under the charge of the Reverend Robert Irvine D.D. ands the Reverend David Inglis, in equal portions in such manner as said congregations shall respectively desire and intimate; fourthly, in the event of either the said Adam Brown or Charles Robb or the heirs or assigns of the survivor of them, leaving the Province of Canada permanently, or wishing to relinquish the Trusts upon which the said conveyance was made then to convey the said land and his interest therein to some other person or persons upon the trusts and for the purposes aforesaid, but such substituted Trustee or Trustees shall not be approved without the consent and concurrence of the Trustee or Trustees remaining in office.
It is further declared and provided that any congregation to be entitled to the benefits proposed by the said conveyance must hold to the Religious Faith Principles and Church Government which are now held by the Presbyterian Church of Canada and in connection therewith and any conveyance or demise to be made of the said land shall be made upon the express condition to that effect and upon the further condition that in the event of any dissent from such Faith Principles or Church Government, those of the congregation retaining such Faith Principles and Church Government shall also retain and hold said land, and in the event of a total change then such conveyance shall be utterly void and the land shall revert to the said Adam Brown and Charles Robb their heirs or assigns or to the survivor of them his heirs or assigns in trust for the benefit and subject to the wish and direction of the said John Fisher his heirs or assigns.
It is further declared and provided that the said Adam Brown and Charles Robb their heirs and assigns shall only be responsible in case of wilful neglect or wilful breach of duty.
And they the said Adam Brown and Charles Cobb hereby severally (but not jointly or the one for the other) covenant promise and agree to and with the said John Fisher his heirs and assigns that they will hold the said parcel of land for the purposes aforesaid and none other, and will faithfully perform and carry out the trusts hereinbefore declared respecting the same.
["And the" written in lower lefthand corner]
And the [sic] said John Fisher, Adam Brown and Charles Robb hereby declare that the said piece of land was so conveyed as aforesaid and is held for the purposes above mentioned #_______________________________________________________.
In Witness whereof the said parties have hereunto set their hands and seals the _________day of February in the year of our Lord one thousand and eight hundred and fifty seven.
Signed sealed and delivered in presence of Archibald Hoplack
[Seal] John Fisher
[Seal] Adam Brown
[Seal] Charles Robb
[Paper seal covers remain attached]
1 The document indicates that this declaration was drawn up in February 1857 but does not state a specific day. We have arbitrarily assigned it a day for classification purposes.
2 John Knox Fisher was Dr. Calvin McQuesten's first cousin and partner at the iron foundry that they had helped to establish in Hamilton. In 1855, around the time that the two men sold the business to Calvin's nephews, John moved to Batavia, New York, where he died on March 29, 1882. For more on John Knox Fisher, see W-MCP5-6.240.