[Section immediately following was apparently added in 1886 and was not part of the original document:]
H E [of?] J
[?] No. 1
6 Sept 1886
Box 14-103 DR. CALVIN MCQUESTEN'S DECLARATION OF TRUST
Oct 4 1878
From: [Hamilton, Ontario]
Dated 4th Oct. 1878
No. 665 Gen. Register
--- to ---
Isaac B. McQuesten
--- and ---
Calvin B. McQuesten
Declaration of Trust
$2.45 pd. [paid] Jones & McQuesten
Bruce Walker & Burton
I certify that the within Instrument was duly entered and registered in the Registry Office for the County of Wentworth in Book for the [blank] of General Register at Three o'clock forty five minutes of the fourth day of October A.D., 1878
John [H?] Greer [Registrar]
Known all men by there presents [sic] that whereas by Indenture bearing date the thirteenth day of October in the year of our Lord one thousand eight hundred and seventy three and made between one Calvin McQuesten of the City of Hamilton in the County of Wentworth Esquire of the First Part and William Proudfoot then of the same place now of the city of Toronto Vice Chancellor Isaac Baldwin McQuesten of the said City of Hamilton Esquire and Calvin Brooks McQuesten of the city of New York as therein described Physician of the second part, the said Calvin McQuesten after the recitals therein contained did declare that the parties thereto of the second part held the lands property and estate therein mentioned and referred to upon the trusts and provisions therein set forth and in and by the said Indenture it is further provided and further declared that it should be lawful for the said Calvin McQuesten from time to time and at any time during his life by any deed or Deeds, writing or writings sealed and delivered in the presence of the said William Proudfoot, Isaac Baldwin McQuesten and Calvin Brooks McQuesten or if any one or none of them should not attend for the purpose of witnessing the execution and delivery of such Deed or Deeds writing or writings at the earliest possible moment after notice requesting their or his presence and mailed to their or his last known address or residence that have been sent [them?] in the presence of the others or other of the said parties thereto of the second part (but without prejudice to any previous exercise of any of the powers therein before [sic] declared) to vary or remake all or any of the uses estates powers and trusts thereinbefore limited and declared of and concerning the said hereditaments and personal estate therein before [sic] recited to have been granted to the said grantees or any of them or any part or parts thereof and by the same or any other Deed or Deeds to declare any new or other uses estates trusts and powers of and concerning the said hereditaments and personal estate the uses or trusts whereof respectively should be so varied or revoked as aforesaid.
And whereas by Deed bearing date the second day of October one thousands eight hundred and seventy four the said William Proudfoot was duly in accordance with the powers and provisions further contained in the Indenture hereinbefore in part recited and referred to released and discharged from the said Trustee-ship by the said Calvin McQuesten and the said Calvin McQuesten therein declared that he did not see fit to nominate and appoint a new Trustee or Trustees in place of the said William Proudfoot.
And whereas by Deed bearing date the tenth day of December in the year of our Lord one thousand eight hundred and seventy seven duly executed in accordance with the powers reserved and provisions contained in the hereinbefore in part firstly recited Indenture and did thereby declare in part new and other uses estates trusts and powers of and concerning the said hereditaments and personal estate.
And whereas the said Calvin McQuesten is now desirous for various good and sufficient reasons and among others for the continued ill treatment of and unkindness towards him of Elizabeth Fuller McQuesten his wife to reduce the annuity directed to be paid to her under the eighteenth section of the fourth paragraph of the said hereinbefore in part firstly recited Indenture from the sum of fifteen hundred dollars to the sum of one thousand dollars.
Now know all men by there presents [sic] that I the said Calvin McQuesten in consideration of the premises and in pursuance of the powers reserved and vested in me, by the said firstly hereinbefore in part recited Indenture do hereby vary the uses and trusts limited and declared therein in the eighteenth section of the fourth paragraph thereof so far as the amount of the annuity to be paid to the said Elizabeth Fuller McQuesten is concerned and the amount to be invested therefor [sic] and I do hereby declare of and concerning the same that the sum of one thousand dollars shall be and is substituted in the place of the sum of fifteen hundred dollars therein mentioned and that an annuity of one thousands dollars shall be paid by my said Trustees to the said Elizabeth Fuller McQuesten in the manner provided in the said section instead of the annuity of one thousand five hundred dollars therein mentioned and instead of the sum of thirty thousand dollars to be invested in the manner set forth in said paragraph I do hereby substitute and declare that the sum of twenty thousand dollars shall be so invested to meet the payment by my said Trustees of the said annuity.
And I do hereby confirm and declare anew all the uses and trusts of the said Indenture hereinbefore firstly in part recited as modified varied or cancelled by the said Deed of the tenth day of December one thousand eight hundred and seventy seven and by this Deed.
In witness whereof I have hereunto set my hand and seal this fourth day of October in the year of our Lord one thousand eight hundred and seventy eight.
Signed Sealed and Delivered
in presence of
C.B. [Calvin Brooks] McQuesten
I.B. [Isaac Baldwin] McQuesten
[M?] Fred Walker
1 See Box 14-102 for the original trust, and W0234, W-MCP5-6.351