Annapolis Heritage Society | Annapolis Royal, Nova Scotia

Settlement of the Litch Estate filed 29 January 1807

Here is a transcription of the settlement of the Litch Estate filed 29 January 1807:
Know all Men, to whom these presents shall come, that whereas since the decease of John Litch, late of Granville, in the County of Annapolis, yeoman, and since the decease of James Litch, Washington Litch, and Rebecca Litch, Children of the said John Litch, divers controversies & disputes have arisen, between the surviving children of the said John Litch, towit, between Manassah Litch one of the said Children, who, as executor administrator or otherwise, has the care Management and distribution of all the effects both real & personal which were of the said deceased Father and Children, of the one part, & John Litch the younger, Elizabeth Litch and Lydia the wife of Jacob Worster, the remainder of the said Children (who, with the said Manassah are legally intitled to share in the said distribution) of the other part; and whereas the said parties by their respective Bonds, bearing date the fourth day of October in the Year of Our Lord One Thousand Eight Hundred and Six, Have for the putting a speedy end to all such disputes and controversies, submitted every matter and thing relating to the premisses wholly and intirely unto Us Pardon Saunders, Joseph Wheelock andLaurence Sneeden as Arbitrators, as by the said Bonds with the Conditions thereunder written may more fully and at large appear; Now Know all men by these present that We the said Arbitrators taking upon us the Burthen of Awarding in said premisses between and amongst the said parties; and having fully heard and examined the proofs and allegations of the said parties Do (----) the making and settling amity and friendship between and amongst them, make and publish this Our Award in manner following; First, as to the Real Estate in question, which was originally the sole property of John Litch the father deceased, and which is lying & being in the Township of Granville in the County of Annapolis, consisting of Lands Known by the name of House or Farm-lot Number Twelve and Marsh-lot Number Four, We do award and order that the said Real Estate be divided into two computed equal parts, in the same manner as it was heretofore divided by Phineas Millidge at the instance of Manassah Litch & John Litchand whereof a memorandum in writing remains in the hands of Jacob Worster; And the two equal parts of the said Real Estate so to be divided we do dispose of as follows, that is to say, We do award that the western equal part shall henceforth be held by the said Manassah Litch his Heirs and Assigns to the only proper use and behoof of the said Manassah Litch his Heirs and Assigns forever, And the Eastern equal part shall henceforth be held by the said John Litch his Heirs and Assigns to the only proper use and Behoof of the said John Litch his Heirs and Assigns forever; And for carrying into effect this part of Our said Award we do order that the saidJohn Litch the younger, Elizabeth Litch, and Lydia Worster and Jacob her husband by themselves or respectively by themselves or their respective attorney or attornies as the Case may require, shall within one month from the day of the date of these presents, make, seal and deliver to the said Manassah Litch a Release or Quit Claim in writing sufficient in the Law to remise, release, and forever quit claim unto the said Manassah Litch his Heirs and Assigns of all the Right, Title, Interest and estate either at Law or in Equity which the said John Litch the Younger, Elizabeth Litch, and Lydia Worster and Jacob her husband, or any or either of them, have, or right to have, of in or to, all or any part of the said Real Estate so awarded to the said Manassah Litch; And we do order that the said Manassah Litch, and Patience his wife, Elizabeth Litch, and Lydia Worster and Jacob her husband by themselves or respectively by themselves or their respective attorney or attornies as the case may require, shall within one month from the day of the date of these presents make seal and deliver to the saidJohn Litch a Release or Quit Claim in writing sufficient in the Law to remise release and forever quit claim unto the said John Litch his Heirs and Assigns of All the Right, Title, Interest or Estate either at Law or in Equity which the said Manassah Litch & Patience his wife, Elizabeth Litch and Lydia Worster and Jacob her husband or any or either of them have or right to have of in and to all or any part of the Real Estate so awarded to the said John Litch; Secondly, We do award and order that on the Execution of the Releases or Quit Claims aforesaid, the said Manassah Litch do pay, or secure to be paid with lawful interest from the date of these presents, in Six months from the said date, the Sum of Fifty One pounds fourteen shillings & five pence of lawful money of Nova Scotia unto Elizabeth Litch aforesaid; Thirdly that on the execution aforesaid the said John Litch, do pay, or in like manner with like interest and in like time, secure to be paid to Jacob Worster and Lydia his wife the sum of Fifty nine pounds Eighteen Shillings and seven pence halfpeny of like lawful money, and unto Elizabeth Litch the sum of fourteen pounds four shillings and two pence halfpeny of like lawful money; And Lastly we do award that all suits between the parties to this Award do cease, and that on receipt of the monies or securities for the monies aforesaid, the said John Litch, Elizabeth Litch, Lydia Worster and Jacob her husband shall seal execute and deliver to the saidManassah Litch a Release in writing sufficient in the Law to release all Suits, Actions, Cause & Causes of Action, Claims or Demands whatsoever which they the said John Litch,Elizabeth Litch and Lydia Worster and Jacob her husband have or by right ever may have against the said Manassah Litch by (-----) of All or any part of the Estate real or personal of the said John Litch deceased the father, and James Litch, Washington Litch andRebecca Litch his children which have ever come to (-----) hands possession or management of the said Manassah Litch- Given under our hands and Seals, and made and published as and for our award and final Determination in the premisses at Annapolis this thirtieth day of December in the year of Our Lord One Thousand Eight Hundred and Six-

Joseph Wheelock
Pardon Sanders
Laur. Sneden


Signed, Sealed & Delivered in presence of-

Thos. H. Bailey
P. Wiswall