NFGenWeb Wills

Conception Bay North Region ~ Carbonear District
Crocker's Cove - Land Record of Henry Butt & John McCarthy (1808)
This will was read, recorded and transcribed by SUSAN SNELGROVE, October 1999. While I have endeavored to be as correct as humanly possible, there could be some typographical errors.

Land Record of Henry Butt & John McCarthy of Crocker's Cove (1808)


First sentence cut off from photocopy, then,

Island of Newfoundland, the 2nd day of December, one thousand eight hundred and eight.

Know all men by these presents that I, Henry Butt of Carbonear in the District aforesaid, for and in consideration of the full sum of one hundred and twenty pounds of lawful money of Great Britain by John McCarthy of the said place to be paid in manner and form as hereinafter mentioned, have sold, bargained, assigned, transferred and set over unto him, the said John McCarthy, all and singular my right, title and interest in a fishing room and plantation, comprizing of half of a stage and one flake with all the timber thereunto belonging, lying and situate at Crockers Cove aforesaid, bounded on the North by Crocker's Cove Brook and on the South by Martin George’s room, on the East by the Sea, and on the West by the present fence now standing together with two dwelling houses, cellar, garden and meadows belonging to the said plantation and on the said premises, with all and every priviledges of paths, pathways, water, watercourses and other easements with appurtenances thereunto belonging or in any wall? Appurtaining for him the said John McCarthy, his Heirs and Successors to enjoy and possess from and upon the twentyth day of May next now ensuing 1809 – and the particular mode and time of payment of the said purchase money is agreed upon between the parties aforesaid (to wit) the sum of sixty pounds sterling in good Bills of Exchange at the signing and delivery of these presents -- a further sum of twenty pounds sterling on the 20th day of October 1809 – the sum of twenty pounds stirling on the 20th day of Oct 1810 – and the remainder being the last sum of twenty pounds on the 20th day of October 1811 – for which payments the said John McCarthy binds himself, his Heirs, Executors, Admsr (note, administrators), assigns unto him the said Henry Butt, his Heirs, Executors, Admsrs (administrators), assigns to perform, compleat and fulfil without default or ? in manner and form as herein before mentioned, and the said Henry Butt doth Covenant and agree to and with the said John McCarthy that he hath in himself good right, full power and lawfull and absolute authority to sell and dispose of the said bargained premises and any part and parcell thereof in manner and form to him the said John McCarthy, his Heirs, and Successors from the aforesaid mentioned 20th day of May next now ensuing then and thenceforth peacably and quitly (quietly?) possess and enjoy as his and ? own lawful lands, tenements and property forever – and that he the said Henry Butt doth Covenant and agree that he will forever defend the said John McCarthy in the free and peaceable possession of the same against all lawful claim or claims of any other person or persons whatsoever. In witness whereof both parties have hereunto affixed their name and seals, the year and date first above written.

Henry (x his mark) Butt (seal)
John McCarthy (seal)

Signed, sealed and delivered where no stamps are used in the presence of us
John (x his mark) Butt
John Bransfield
Thos Fitzgerald
John Nicholis

Boundaries of the meadows and gardens as follows – at the Westward by Calaghan McCarthys house and as far north with the exception of Elias Coombs house and kitchen garden – and on the North by the woods and on the East by the said Henry Butts place he possesses at present and on the North by the above mentioned Brook.

The foregoing is a true copy of the original recorded here the 5th day of December 1808 by order of the surrogate (name is difficult to read, but I believe it’s Oliver St. John, Registrar).

Transcriber’s Note: I have added some punctuation to aid in reading, but have been faithful to the spelling as written.

© 2001 Susan Snelgrove and NL GenWeb