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Box 14-133 DR. CALVIN MCQUESTEN: LAST WILL AND TESTAMENT.
Oct 13 1880
To:
From:

Know all men by these presents that we Isaac Baldwin McQuesten of the City of Hamilton in the County of Wentworth and Province of Ontario Esquire and Calvin Brooks McQuesten of the City of New York in the State of New York one of the United States of America Physician are jointly and severally held and firmly bound unto Calvin McQuesten of the City of Hamilton Esquire in the penal sum of Fifty thousand dollars of lawful money of Canada to be paid to him his executors or administrators for which payment will and truly to be made to the said Calvin McQuesten his executors of administrators we bind ourselves and each of us our and each of our heirs executors and administrators firmly by these presents sealed with our seals and dated this thirteenth day of October in the year of our Lord one thousand eight hundred and eighty.

Whereas is has been agreed by and between the said Calvin McQuesten of the one part and the said Isaac Baldwin McQuesten and Calvin Brooks McQuesten of the other part that the said Calvin McQuesten should dispose of the whole of his estate real and personal to the said Isaac Baldwin McQuesten and Calvin Brooks McQuesten in the manner set forth in a certain Indenture bearing even date herewith and made between the said Calvin McQuesten of the First Part and the said Isaac Baldwin McQuesten and Calvin Brooks McQuesten of the second part and that the said Isaac Baldwin McQuesten and Calvin Brooks McQuesten should amongst other things execute these presents conditioned as hereinafter mentioned.

Now the condition of this Bond or obligation is such that if the said Isaac Baldwin McQuesten and the said Calvin Brooks McQuesten or either of them or their or either of their heirs executors or administrators and shall within a reasonable time after the death of the said Calvin McQuesten pay the funeral expenses and debts of the said Calvin McQuesten and also do and shall within a reasonable time after the decease of the said Calvin McQuesten pay the following sums to each of the following parties personally and not to their representatives.
1. To Margaret N. McQuesten a sister of the said Calvin McQuesten an annuity of one hundred dollars during her life.
2. To Edward Varnum a sum of one hundred dollars.
3. To Hannah Varnum a sum of one hundred dollars.
4. To Jonas P. Varnum a sum of one hundred dollars.
5. To the widow of Samuel F. Sawyer a nephew of the said Calvin McQuesten a sum of one hundred dollars.
6. To John Knox McQuesten a sum of one hundred dollars.
7. To Mrs. Eliza Hobson a sum of fifty dollars.
8. To the widow of David McQuesten a brother of the said Calvin McQuesten a sum of fifty dollars.
9. To her son John a sum of one hundred dollars.
10. To her daughter Lucretia a sum of one hundred dollars.
11. To the servant of the said Calvin McQuesten Peter Sinclair a sum of one hundred dollars.
12. To Stephen Payson Sawyer a nephew of the said Calvin McQuesten a sum of two hundred dollars in trust for the sole and separate use of his sister independently of her husband for the time being and of his debts control and engagements this sum to be applied by Stephen Payson Sawyer as he shall judge best for the advantage of his sister and he is to allow her interest for so much of it as may be from time to time in his hands.
13. To the widow of the Rev. Robert Fuller an annuity of one hundred dollars for a term of eight years after the decease fo the said Calvin McQuesten.
14. To the said Elizabeth Fuller McQuesten an annuity of five hundred dollars during her life payable in equal quarterly instalments the first payment to be made immediately after the decease of the said Calvin McQuesten and to deliver to the said Elizabeth Fuller McQuesten such articles of furniture not including contents of drawers or bureaus as may be in the North East bed chamber of the house now occupied by the said Calvin McQuesten at the time of his death or such portions thereof as after the decease of the said Calvin McQuesten may come into the possession of the said Isaac Baldwin McQuesten and Calvin Brooks McQuesten or either of them provided always that the payment of the said last mentioned sum of five hundred dollars or of the last mentioned annuity is not to be made nor shall any action be maintainable for the non-payment thereof or of any portion thereof unless the said Elizabeth Fuller McQuesten shall first grant and release to the said Isaac Baldwin McQuesten and Calvin Brooks McQuesten or their heirs executors administrators or assigns all the right title and claim which she had or may have or possesses or may possess either at law or in Equity to Dower or right of Dower in any lands which may have belonged to or be owned by or may or may hereafter belong to or be owned by the said Calvin McQuesten save and except as to Lots eighty one eighty two one hundred and one and one hundred and two in Peter Hunter Hamilton's survey of lots in the said City of Hamilton and as to such lots unless she shall first have granted and released her Dower or any right to Dower which she may have therein to the said Isaac Baldwin McQuesten or his heirs or assigns and further unless she shall first grant and release unto the said Isaac Baldwin McQuesten and Calvin Brooks McQuesten their heirs executors administrators or assigns as the nature of the property may require all right like and interest other than as aforesaid that she may have or claim or pretend hereafter to have or claim in any property or estate real or personal or any interest therein of the said Calvin McQuesten it being a condition of this bond or obligation that nothing herein contained shall insure to the benefit of the said Elizabeth Fuller McQuesten unless and until she shall first by proper deeds and other acts necessary on her part for those purposes to have granted or released her dower or right to Dower in such lands and all such other interest claim or demand which she may have or pretend to have in such property real or personal as aforesaid and it is hereby declared that except as to the chattels set out in the hereinbefore in part recited deed of equal date herewith as belonging to the said Elizabeth Fuller McQuesten all the chattels in the family residence of the said Calvin McQuesten are in no way subject to any claim upon them by or property in them of the said Elizabeth Fuller McQuesten and her right to any benefit ensuing to her under this Bond is to be subject entirely to her so treating them then this Bond or Obligation to be void or else to be and remain in full force and virtue
Sealed and Delived in presence of Fred Walker
(sd) Calvin McQuesten L.S.
(sd) D.B. McQuesten L.S.
(sd) I.B. McQuesten L.S.
Dated thirteenth October 1880
Isaac B. McQuesten &
Calvin B. McQuesten
to Calvin McQuesten
Bond




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Copyright 2002 Whitehern Historic House and Garden
The development of this website was directed by Mary Anderson, Ph.D. and Janelle Baldwin, M.A.
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