1866 NSW Deed

NSW Land Titles Office

BOOK 98 NO.931 CONVEYANCE

This Indenture made the twelfth day of June, One Thousand Eight Hundred and Sixty Six between Mary Ann Ferris, the wife of James Ferris of Portland Head, Hawkesbury River in the Colony of New South Wales, farmer of the first part the said James Ferris of the second part and George Turnbull of the same place farmer of the third part.

Whereas the said Mary Ann Ferris, previously to becoming the wife of the said James Ferris, was the widow and relict of one Ralph Turnbull of Portland Head aforesaid who died, seized or possessed of the hereditaments, particularly described in the Schedule hereunder written.

And whereas the said Ralph Turnbull by his Will, which was duly proved in the proper Ecclesiastical Court of the said Colony, devised the same hereditaments to his son Andrew Warr Turnbull absolutely.

And whereas by an Indenture dated the Ninth day of May, One Thousand Eight Hundred and Sixty Three, the said Andrew Turnbull sold and conveyed the said hereditaments unto the said George Turnbull absolutely.

And whereas the said Mary Ann Ferris, mother of the said Andrew Warr Turnbull and as the widow of the said Ralph Turnbull, claims to be entitled to dower in the said hereditaments and she has, with the concurrence of her present husband the said James Ferris, lately contracted and agreed with the said George Turnbull to release her right to such dower in the manner hereinafter contained.

Now this Indenture witnesseth that in pursuance of the said agreement and in consideration of the sum of one hundred pounds Sterling already paid by the said George Turnbull to the said James Ferris at the request and by the direction of the said Mary Ann Ferris the receipt and payment whereof and that the same is in full for the absolute purchase of all dower or thirds which the said Mary Ann Ferris has or might or claim to have in the said hereditaments the said James Ferris and Mary Ann Ferris do hereby respectfully acknowledge and therefrom do and each of them doth release and discharge the said George Turnbull his heirs executors administrators and assigns the said Mary Ann Ferris with the concurrence of her said husband, the said James Ferris, testified by his execution hereof, doth by these presents remise release and forever quit claim unto the said George Turnbull his appointees heirs and assigns forever. All and all manner of dower right and title of dower or thirds whether at law or by the custom which the said Mary Ann Ferris has or may have claim challenge or demand or be entitled unto in or out of the said hereditaments described in the Schedule hereunder written or the rents issues and profits thereof or any part or parcel thereof with the appurtenances. And also all and all manner of actions causes of action suits bills plaints accounts claims and demands whatsoever for or in respect of any such dower or thirds as aforesaid. And the said James Ferris for himself his heirs executors and administrator hereby covenants with the said George Turnbull his appointees heirs and assigns that the said Mary Ann Ferris hath not at any time heretofore encumbered or prejudicially affected her right to dower in the said hereditaments and that the said dower shall from time to time and at any times hereafter at the costs of the person or persons requiring the same be further and more effectually or satisfactorily assured or released by the said Mary Ann Ferris by such acts or deeds as the said George Turnbull his appointees heirs or assigns shall reasonably require and tender to be done executed or made.

In witness whereof the parties aforesaid to these presents have hereunto set their hands and seals the day and year first before written.

The Schedule hereinbefore referred to –

All that parcel of land containing seventy acres more or less situated in the district of Mulgrave Place otherwise Windsor in the County of Cumberland in the Colony of New South Wales and bounded on the North West side by the rocks and the lagoon on the South East by James Dunn’s farm. And which piece or parcel of land is known by the name of Lamb’s farm and was granted by the Crown by Deed Poll dated the Twenty-Seventh day of April, One Thousand Eight Hundred and Three unto Henry Lamb his heirs and assigns forever.

Signed Sealed and Delivered by the said Mary Ann Ferris and James Ferris in the presence of

Received on the day and year first before written of and from the before named George Turnbull the sum of one hundred pounds Sterling being the consideration money before expressed to be paid by him to one………….(James Ferris)
Witness …………………

This is to certify that Mary Ann, the wife of the beforenamed James Ferris and not residing within five miles of Sydney, came before me, Richard Coley Esquire, as Commissioner appointed by the Supreme Court of New South Wales for taking affidavits not resident within five miles of Sydney and not being the person employed to prepare the foregoing deed nor being a party thereto and she being by me examined and apart from her said husband acknowledged that the foregoing deed was executed by her and that she was acquainted with and understood the nature and effect thereof and she declared that she had executed the same fully and voluntarily without menace force or coercion either on the part of her husband or any other person.

Witness my hand and seal at Windsor the Twelfth day of June, One Thousand Eight Hundred and Sixty Six.

Richard Coley Commissioner

Mathew Walker of Windsor in the Colony of New South Wales Gentleman, maketh oath and saith that the foregoing is a true copy of the original deed the same having been carefully examined therewith by this deponent and this deponent further saith that the signature of George Turnbull is in the proper hand writing of the said George Turnbull one of the parties to the original deed.

Sworn before me at Sydney the Twenty Eighth Day of June 1866

Received into the Registrar General’s Office at Sydney the 28th day of June 1866 at half past ten o’clock in the forenoon from Mathew Walker of Windsor. Deputy Registrar General