Family Genealogy Research,  Wood

Indenture Between James Wood and Samuel Candlish and Margaret Candlish 27 May 1866

Background

First, this and the other documents surrounding the estate of Hugh Wood, brother of James Wood, reveal an absolute mess.  Let me try and shed what little light I can on the subject.

In a letter written by Hugh Wood to James Wood on 1 April 1852, Hugh indicates the following: James will need money to settle himself and his family.  Hugh states that he will make funds available to James once James decides the best course of action.  Hugh also tells James that if he has proof that he purchased land through Sir Edward Belcher (Colony of Kent), he can be reimbursed for the land price.  All he has to do is locate the new agent and present his documents.  Hugh also tells James that James needs to be more careful about how and to whom he loans money.  It sounds like James may have made a loan that wasn’t being paid back (another drain on James’ finances).  Hugh also tells James that his wishes are for his bills to be paid at the time of his death and all of the remaining money and assets be given to James and his family.  This statement indicates that Hugh made James and James’ children, his heirs.

This will come into play later when Hugh dies and no will is found.  This leads to the Indenture (fancy word for contract) between James Wood and Margaret and Samuel Candlish, who act as the administrator of Hugh’s estate.  Interesting, Samuel Candlish writes to James to inform him of Hugh’s death and has to introduce himself as he is not known to James.  So who were the Candlish couple and what were their motives?

James asks John Reid to act on his behalf  because James can’t appear in court in Great Britain as he now resides in Texas.  The Candlishes determine that the heirs to the Hugh Wood estate are all of Hugh’s siblings’ children, James (his brother), and James’ children.  But because James has received “advances” from Hugh, the Candlishes want James to pay that back so that the estate can be equally divided between the heirs.  Of course, James has this letter from 1852 in which Hugh says that James is the only heir, but that letter is in Texas and for some reason never makes an before the magistrate.

John Reid writes to Isabella Wood in 1874 an interesting letter.  In this letter, he tells her that he is sorry about how things worked out.  He also states that the Indenture contains inaccuracies.  That he was never allowed to examine Hugh Wood’s accounts and therefore did not agree with the Candlish assertion that James owed the money back to the estate.  He tells Isabella that he knows that there were many folks in Sheffield (Sheffield, England where Hugh resided and died) who did not behave well during the settling of the estate.  He spoke of the Wood’s financial ruin.  Pretty sad stuff.

John Reid also attempts to answer a question that Isabella posited to him about a piece of property.  He is attempting to give legal advice, but states that he is unfamiliar with the laws of Texas.  John Reid had by this time emigrated to Pennsylvania.  At any rate, he tells her that the best thing to do may be to let the property go to sheriff’s sale so that she could purchase it and have a free and clear title/deed.

I do not know what property they are talking about.  However, we found a title abstract in the Wood’s home when we bought it.  The title search was done in 1940 for Bertele Ward.  The abstract shows the State of Texas granting the land to E.S. Wyman.  The next transaction is James Wood purchasing it from Wyman.  Then James Wood sells it to Hugh Wood.  The records at the courthouse in Hill County show that James sold the land, the house, all farm animals, tools, contents of the house…everything for $3500. The next entry is after the death of James when his children and Isabella are dividing up between themselves.  Now, how can Isabella and children be dividing up land that they no longer own, especially since there was no record of them purchasing it back from Hugh.  There is no mention of it in this Indenture either and so I wonder if no one knew about it.  Another mystery!

Also, the dates are missing in the copy below.  The blanks are truly blanks and not words that I couldn’t make out (at least in the first paragraph).

The Document

This indenture made the _______ day of ______ in the year of our Lord Christ, one thousand eight hundred and sixty-nine, between James Wood, of White Rock, Hill County, Texas in the United States of America ______ of the first part.  John Reid of number 98 North Frederick St., Glasgow of the second part, and Samuel Brown Candlish of Sheffield in the county of York, Merchant and Margaret Candlish his wife of the third part.

Whereas Hugh Wood, late of Sheffield, Doctor of Medicine, deceased departed this life intestate, on or about the 27th day of May 1866 and letters of administration of his personal estate and effects were granted to the said Margaret Candlish out of the Wakefield District Registry attached to Her Majesty’s Court of Probate on 2 October 1866.   The said James, the last surviving brother and only next of kin of the deceased Hugh wood, having renounced his right to the said letters of administration of his said estate and effects.

And whereas the personal estate of the said Hugh Wood is in the first instance dividable into six equal parts, or shares, and the said James Wood is the only surviving brother of the deceased intestate is entitled in distribution to one of such equal shares thereof, are distributable amongst the nephews and nieces of the said Hugh Wood deceased being children of 1.) John Wood, 2.) Margaret Young, 3.) Christina Morton, 4.) Elizabeth Hilson, 5.) Janet Bertram, a brother and four sisters of the said intestate all respectfully deceased.

And whereas it appears on an investigation of the affairs and accounts of the said Hugh Wood, deceased that he from time to time made certain advances to the said James Wood amounting in the whole to a considerable sum which the said Margaret Candlish has as such administratrix as aforesaid required payment on the ground that the same advances were made to James Wood by way of loan and the said James Wood alleges on the other hand, that such pecuniary advances or the greater part of them were remittances to him of his own money and part of them in repayment of monies paid for passage money in the deceased’s account, and he has also sent into the said Margaret Candlish a claim for a considerable sum alleged to be due and owing to him by the said Hugh Wood deceased in respect of money paid and laid out by him the said James Wood at the request and on behalf of the said Hugh Wood.

And whereas diverse differences and disputes have arisen between the said Margaret Candlish and the said James Wood touching the said questions of account between him and the said Hugh Wood deceased.

And whereas the said James Wood on account of his residing in the United States of America, and being personally unable to act on his own behalf and for the good reasons him thereunto moving hat (as he doth hereby and acknowledge) appointed the said John Reid his agent to investigate and examine the said accounts of Margaret Candlish as such administratrix as aforesaid and otherwise to act on his behalf in and about the premises.

And whereas he the said John Reid hath accordingly investigated and examined the same accounts and is fully satisfied of the truth and correctness of the same as is also the said James Wood as they do hereby admit and acknowledge. (This is the part John Reid states was categorically untrue.  He was never allowed to examine the accounts and, therefore never agreed they were correct.)

And whereas it appears by the said accounts and it is fact, that exclusive of all questions of account between the said Hugh Wood deceased and the said James Wood, the whole of the personal estate and effects of the said Hugh Wood deceased does not exceed the sum of £5,300 Stg (Sterling).

And whereas in order to put an end to all such disputes and differences as aforesaid between the said parties hereto of the first part and third part, it has been arranged and agreed by and between them that the said James Wood shall on the one hand give up and abandon all claims against the said Margaret Candlish as such administratrix as aforesaid in respect of all monies due and owing or alleged to be due and owing to him by or from the said Hugh Wood, deceased or his estate and that the said Margaret Candlish as such administratrix as aforesaid shall on the other hand give up and abandon all claims against the said James Wood in respect of such advances or alleged advances as aforesaid made of alleged to have been made by the said Hugh Wood, deceased and that she shall also pay to the said James Wood or to the said John Reid as his agent and on his behalf the sum of £900 in full satisfaction and discharge of all claims whatsoever of him the said James Wood against the personal estate and effects of the said Hugh Wood, deceased and against the said Margaret Candlish as such administratrix as aforesaid, and that the said James Wood shall out of the said sum of £900 pay the residuary duty on the same and the sum of six pounds and six shillings towards the cost and charges and expenses of and concerning the making and perfecting of these presents and incidentals thereto, and also that such releases and mutual covenants shall be executed and entered into as herein expressed and contained.

And whereas it being inconvenient to the said James Wood to leave his present place of abode and come to receive the said sum of £900 in England, he hath accordingly desired that the same shall be paid to the said John Reid as his agent and on his behalf.

NOW SHALL THIS INDENTURE witnesseth that in pursuance of the said agreement and in consideration of the premises, and also for and in consideration of the sum of Nine Hundred pounds Stg. To the said John Reid as such agent as aforesaid in hand paid by the said Margaret Candlish as such administratrix as aforesaid at the request and by the direction and appointment of the said James Wood testified by his being made a party to or executing the presents the receipt of which the said sum of £900 to the said John Reid as such agent as aforesaid and on behalf of the said James Wood doth hereby acknowledge.  He the said James Wood doth by these presents remise, release, and forever quit claim and discharge the said Samuel Brown Candlish and Margaret Candlish and each of them, their and each of their heirs executors and administrators and assigns and their and each of their estates and effects and also the estate and effects the said Hugh Wood deceased of and from all and all manner of actions an action suits and suit cause and causes of actions and suit costs charges sum and sums of money account reckonings shares of residue portion damages claims and demands whatsoever both at law and in equity which he the said James Wood or any other person or persons on his account now has or have or can shall or may at any time or times hereafter have claim challenge or demand upon or against the said Samuel Brown Candlish and Margaret Candlish or either of them, their or either of their heirs executors administrators or any of them or against the estate and effects of the said Hugh Wood deceased for or on account or in respect of the share of him the said James Wood of and in the estate and effects of the said Hugh Wood deceased or for or by reason or on account of any matter or think whatsoever in anywise relating thereto or to the premise or by reason of the intermeddling of the ….(page cut off) Samuel Brown Candlish and Margaret Candlish his wife and each of them their and each of their heirs, executors and administrators shall and will save harmless and keep indemnified the said Samuel Brown Candlish ad Margaret Candlish and each of them their heirs, successors, executors and administrators estate and effects of and from and against all actions suits costs charges damages and expenses whatsoever which may be brought against or occasioned to the said Samuel Brown Candlish and Margaret Candlish or their of them by or through him the said James Wood or any person or persons claiming through or under him for or by reason on account of all and every other matter cause or thing whatsoever touching arising out of or for concerning the premises.  And for the considerations aforesaid, the said Samuel Brown Candlish doth hereby for himself, his heirs, executors, and administrators, and also for the said Margaret Candlish his wife as such administratrix as aforesaid she hereto expressly consenting and agreeing as so as to bind herself and her executors and administrators convent and agree with the said James Wood that the said James Wood, his heirs executors and administrators fully performing and observing the agreement and cove ant herein before contained and on this part and their part to be observed and performed they the said Samuel Brown Candlish and Margaret Candlish as such administratrix as aforesaid shall not nor will nor shall nor will either of them or any persons claiming through or under them or either of them commence or prosecute any action suit or proceeding whatsoever for the purpose of recovering from the said James Wood, his heirs, executors or administrators the several sums (page cut off….)….said mentions to the claimed by the said Samuel Brown Candlish or Margaret Candlish…(page cut off) (Next Page…) they the said Samuel Brown Candlish and Margaret Candlish will not nor will either of them sue, molest, or disturb the said James Wood, his heirs or administrators for or on account of any matter or thing in about or concerning the premises and that if any action suit or proceedings should be commenced against the said James Wood, his heirs, or administrators, contrary to the covenant herein before contained, then that these presents shall and may be pleaded in bar of any such action suit or proceeding.

 

IN WITNESS where of the said parties to these presents have hereunto set their hands and seals the day and year first herein before written

 

Signed and sealed and delivered by the said

James Wood, in the presence of                                                                Signed James Wood

James T. Ratcliff of Hillsboro, Hill Co, Texas

F.P. Whiteside of Hillsboro, Hill Co., Texas

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