| Notes |
- From H. M. GiCal, correspondent. Francis Samuel Butler came toUpper Stewiacke from Old Barnes. He married Mary OliveFisher of Upper Stewiacke Village and settled on a piece ofher father's land (John Waddell Fisher). Their house stoodwhere now stands the only brick house in the settlement,William Redden's place. Later Samuel traded places withHenry Creelman in Upper Stewiacke. Francis Samuel Butler - Thedocumentation my Aunt has shows his name as F. SamuelButler. He was known as Samuel - all the Nova Scotiadocumentation shows it as Samuel. I think it boils down tothe fact that we are no longer sure about the Francis -there is an Olive Frances in the next generation so thename does show up albeit in the feminine form.
Henry Cox told this story to Ross Graves in 1961: "Old Mr.Butler was a good old man. He became very deaf and Iremember in church he used to sit on the pulpit stairs tohear the sermon in the old church here, the one thatburned, the pulpit was way up high, and Mr. Butler would besitting in front up above the heads."
Deed
James Yuill
Samuel Butler
Registered 22 July 1841
At 10:00 o'clock a.m. on the
Oath of Henry Stump
To all to whom these presents may come that James Yuill ofTruro in the County of Colchester, Yoeman, and Sarah Yuill,his wife, send greetings.
The said James Yuill, for certain conditions to himthereunto, moving and also in consideration of the sum offive shillings to him in hand paid before_______ Andrecording of the Instruments, the receipt of which ______Granted, bargained, sold, conveyed and confirmed and inthese presents doth _______ bargain, sell, convey andconfirm unto Samuel Butler of Truro, aforesaid in saidcounty, his heirs, and assigns unto and singular ___property described in a certain deed made and reported byhim and Mary Olivia his wife unto the said James Yuill andbearing ______ date therein in the said deed described asbeing the one handwritten ___ the _ of the following landsand tenements situate at Upper Stewiacke in the County ofColchester on the south side of the river starting at thenorth east corner of John Archibald's line thence moving upeasterly bounded on the river on the north till it comes tothe line of Adam Johnson which divides the originallyEstate of Samuel Fisher the father of the deceased JohnWaddell Fisher into equal moiters by a line agreed uponAdam Johnson and the said ________ in his lifetime. Thenceup said division line southerly to the rear line of thefirst division then on that line westerardly to the saidline of the first division till it meets the line of JohnArchibalds land, thence following this line to the place ofthe beginning on the river with the welling and housesprivileges and appointments there to belonging TO HAVE ANDTO HOLD the said lands and tenements unto him the saidSamuel Butler, his heirs and assigns in as free and ample amanner as I the said James Yuill _______ Entitled and thesame from or by certain of the said deed of conveyance soexecuted unto me by the said Samuel Butler and Mary Oliviahis wife herewith before mentioned and in no other way ormanner and the said Sarah Yuill, wife of the said JamesYuill for and I consideration of the promise and of thefurther sum of five shillings to me in hand paid by thesaid Samuel Butler ____ Execution of this Instrument toreceipt of which is hereby acknowledged hath remisedreleased and forever quit claim and by these presents dothremise release and forever quit claim unto the said SamuelButler, his heirs and assigns all right to the Interestclaims or demand which she now hath or thereafter may havein and to the lands and tenements above described and everypart thereof by right of dower or otherwise. In Witnesswhereof the Parties to these Presents have hereunto theirhands and seals this twenty first day of July in the Yearof our Lord One Thousand Eight Hundred and Forty one.
Signed sealed and delivered James Yuill (Seal)In the presence of Sarah Yuill(Seal)
Henry Stump ____ Thomas____Province of Nova Scotia, Colchester, Truro. Be itremembered that in this Twenty-First day of July OneThousand, Eight Hundred and Forty-One personally appearedbefore me the subscriber on the Justice of the Peace forthe County Colchester _____ for our Lady the Queen, SarahYuill, wife of James Yuill of Truro in said County who______ parties to the foregoing instrument which said SarahYuill being by me maintained separate and apart from hersaid husband acknowledged that she freely and voluntarilyand without any compulsions from the said husband signed,sealed and _______ the said, Instrument for the purposestherein contained and thereby released all the right ortitle she now hath ever had or may have in or to the sameand every _____ by right of _____ Witness my Hand and ______ this day and year abovewritten. Signed _____ Brown, J. Peace
Deed
Samuel Butler and James Yuill
Registered 22nd July, 1841, at 12 o'clock noon
on the oath of Henry Stump
To all whom these presents may come, We, Samuel Butler ofTruro in the County of Colchester in the Province of NovaScotia, Blacksmith and Mary Olivia Butler, his wife of thesame place. Whereas in and by a certain decree, latelypassed in the Court of Probate for the County ofColchester, in the real and personal Estate of John WaddellFisher, late of Stewiacke, in the County of Colchesteraforesaid deceased, one undivided half of all and singularthe following described lot of land and premises being theproperty of the said John Waddell Fisher at the time of hisdeath was ordered, adjudged and decreed unto the said MaryOlivia Butler in fee simple to who at the time of thepossessing the said decree was the surviving daughter ofhim, the said John Waddell Fisher, to wit, at UpperStewiacke in said County on the south side of the Riverstarting at the north corner of John Archibald's line, thenrunning up easterly bounded on the river on the north tillit comes to the line of Adam Johnson, which divides theoriginal Estate of Samuel Fisher, the father of thedeceased John Waddell Fisher into equal mortises by aline agreed on between said Adam Johnson and the saidtestator in his lifetime, thence up said divisions linesoutherly to the real line of the first division. Thence onthe line westerly till it's corner meets the line of JohnArchibald's land, thence following his line to the place ofthe beginning of the river with a dwelling house, outhouses, privileges and appointments thereto belonging as bythe said decree or record thereof in the said Court ofProbate at Truro, aforesaid, more fully appears and whereaswe the said Mary Olivia and her said husband Samuel Butlerfor certain considerations in there unto moving aredesirous of conveying the same property so decreed unto thesaid Mary Olivia and _____ our right share and title andinterest therein on that of either of us unto James Yuillof Truro in the said County _____ man.
Know all you that we the said Samuel Butler and MaryOlivia Butler, for and in consideration of the promise andof the sum of four shillings to us in hand paid before the_____ and delivery of the presents the receipt of which ishereby acknowledged have granted, bargained, sold,Encoffed, released, conveyed and confirmed and by thepresents grant, bargain, sell, encoff, release, convey andconfirm for _______ and ______ the said James Yuill, hisheirs and assigns in fee simple all the said lands andtenements. So decreed unto ____ said Mary Olivia as beforementioned with the appointments. To have and to Hold untohim the said James Yuill his heirs and assigns. In witnesswhereof the said Samuel Butler and Mary Olivia Butler havehereto set their hands and seals this twenty-first day ofJuly A.D. one thousand, eight hundred and forty one.
Signed sealed and __________ SamuelButler (seal) Mary Olivia Butler(seal)
Henry Stump, James Loughhead, H. Brown
____ Mayhew or Mayhee, J Probate
The Deeds below have been enteredas in the original documents
Sheriff's Deed
Gammell et ________ Tupper
Charles Blanchard, Esq. To Samuel Butler
Registered this 11th day of January, A.D. 1845
At 12:00 o'clock noon. On the oath of Richard
To all to whom the Presents may come _______ CharlesBlanchard, of Truro, in the County of Colchester, HighSheriff for said County, send greeting.
Whereas William Gammell and David Kennedy, by theconsideration of the Justice of the Majesty's SuperiorCourt, lately holden at Truro in the Province of NovaScotia, recovered a Judgement against Eliakim Tupper forthe sum of twenty seven pounds, seventeen shillings and onepenny. Debt and Damages and Costs of _______ Upon which an_______ (order) was issued directed to the Sheriff of theCounty of Colchester, aforesaid and was afterward andbefore ______ placed in the hands of Sheriff with a _____besides my fees on the following Real Estate of theDefendant being all the Estate Right ______ Property ademand of the said Defendant which has had at the time ofobtaining Judgement in the _______ and Registry _________Since hath had or hereafter may have of into and upon orout of _______ divided one half of the whole into twoequally divided of the following piece and parcel of landlying and being in Upper Stewiacke in the County aforesaid,to wit, on the south side of the River starting at theNorth East corner of John Archibald's line, thence comingup easterly bounded on the River on the north till it comesto the line of Adam Johnson which divides the originalEstate of Samuel Fisher into equal parts by a line agreedon between said Johnson and John Waddell Fisher nowdeceased in his lifetime. Hence on that line westerly tillit meets the line of John Archibald's land, thencefollowing this line to the place of beginning of the river.With all and singular, the houses, out houses privilegesand appointments whereas and to in any way belonging beforefor Title and for the description to a decree or Recordthereof and other proceedings in the Court of Probate forColchester in the Estate of John Waddell Fisher late ofStewiacke aforesaid deceased the same having been taken inExecution and levied upon at the _____ of the saidPlaintiff's against the said defendant under a Judgement inthe cause obtained in the Supreme Court at Truro, aforesaidand duly Registered afterwards and ______ whereas after duenotice given by advertisement in the Royal Gazette __paperand by hand bills posted up in the most public place in theSettlement Stewiacke in said County where said lands andtenements ___ his said and in different other places insaid County according to the form of the Statute in suchcase made and provided the said Lands and Tenements put upon Public Auction at the House of _____, in Truro.
________ on the thirteenth day of December in the year ofour Lord one thousand eight hundred and forty one in theresidence of the member of the part then and thereassembled were then and there ______ and sold unto SamuelButler of Truro in said county, Blacksmith, for the sum ofFive Pounds, Five Shillings lawful money of Nova Scotia andin hand duly satisfied and arranged with _______ and passedto the said Defendants upon the said Execution _________sold, conveyed, transferred and assigned to him the saidSamuel Butler his heirs and assigns all and singular thelands and tenements aforesaid with all the privilege andall the Estate Right of Title, Interest, Claim or Demand ofhim, the said Eliakim Tupper made him on to which the saidWilliam Campbell and David Kennedy or he the said SamuelButler the said purchaser may be entitled in any way underof by order of the said House of Assembly of the Provinceto have and to Hold the said lands and Tenements with alland singular the privileges and appointments his heirs thesaid Samuel Butler, his heirs and assigns according to the______ of the Statute in such case made and provided.In Witness whereof I have placed my Hand and Seal this_________ day of December ______ Public Sale.
Signed: Charles Blanchard (seal)
Release Samuel Butler to Henry CreelmanRegistered the thirteenth day of January 1888 at 2 o'clockp.m.
On the certified oath of Charles D. Creelman
To all to whom these presents shall _____ Samuel Butler ofUpper Stewiacke in the County of Colchester and Province ofNova Scotia, farmer, send greetings. Whereas in and by a certain Indenture bearing the date thetenth day of February in the year of our Lord one thousandand eight hundred and seventy seven recorded in Truro in_____61 ___374 _374 leads between Henry Creelman of thesame place, farmer, of the near part and the said SamuelButler of the other part certain land and premises thereinparticularly described were by the said Henry Creelmangranted and ______were by way of Mortgage unto the saidSamuel Butler and to his heirs and assigns for securing thepayment of Ten Hundred and Sixty two dollars and fiftycents lawful money of Nova Scotia with interest at the timeafter the rate and in the manner therein mentioned for thepayment thereof as by reference to the same will appear andwhereas the said Henry Creelman has paid and satisfied_____ the said Samuel Butler all monies due for principaland interest on the said mortgage and has requested him torelease the said mortgage which he has agreed to do. Bythese presents ____ know ye that the said Samuel Butler inconsideration of the previous and of the said moneys tothem in hand paid, the receipt whereof is herebyacknowledged do by the presents grant, remise, release andforever quit claim unto the said Henry Creelman, his heirs,and assigns, all of the land here described and premisesgranted and described in the said mortgage and all theestate right and interest of him said Samuel Butler in andby the same to the end and to the intent that the said landand premises he say henceforth be held, possessed andenjoyed by the said Henry Creelman, his heirs and assignsforever freed from the said mortgage and all claim rightand interest of him the said Samuel Butler _______ upon thesame.
In witness whereof the said Samuel Butler has ______ hisname and set his seal the seventeenth day of January in theyear of our Lord one thousand eight hundred and eighty four.
Duly executed in presence of Charles S. Creelman
Samuel Butler (seal)On the twenty-fifth day of November in 1885 before us thesubscriber appeared personally Charles S. Creelman and uponoath said that the forgoing release of Mortgage was dulyexecuted in his presence by Samuel Butler for the purposestherein intended.
Charles Cox 3rd J.P.
Samuel Butler
Deed Samuel Butler to Henry CreelmanRegistered this twenty-fifth day of January 1888 at 10o'clock
On the certified oath of Charles D. Creelman
Know all men by these presents that we Samuel Butler ofUpper _______ in this County of Colchester and Province ofNova Scotia, farmer and blacksmith and Esther Butler, wifeof said Samuel Butler for and in consideration of the sumof eight hundred Dollars, good and lawful money of NovaScotia____ In hand paid by Henry Creelman, farmer of UpperStewiacke, County and Province aforesaid, the Receiptwhereof is hereby acknowledged. The have bargained, sold,decreed, conveyed and assigned by these Presents _________sell _____convey and assign
(That is all there is) [1]
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1816 - 1887 (71 years)
[1] 
: Address
: Location
: City/Town
: County/Shire
: State/Province
: Country
: Not Set
