At first, I was disappointed to learn that Queens, New Brunswick, Canada probate records are locked on FamilySearch. I was expecting the same results when I looked at Land and Property and was pleasantly surprised to find that, not only were the land records unlocked, but there were several entries for Robert Caldwell, Coldwell and Colwell. In fact, the index entry gives notice to check those spelling variations.

There was one particular land deed that caught my eye. Robert Colwell filed a land deed in volume G2:112-113, selling land to Sarah and Susan Coldwell.

I have to admit I haven’t come across this scenario before in a land deed. Robert did, indeed, sell land. However, the sale was to his wife and daughter and in addition to selling the land, the document recorded the bequests made to his granddaughter, Sarah Ann Caldwell, who had lived with him for many years. Therefore, this deed served sort of as a will in addition to the land sale. I’m still unsure as to why Robert’s wife and daughter would be paying him money (not the pittance “for love and affection” unless it was some way to avoid probate fees and to make cash available to pay the other heirs.

This deed was followed by a second deed filed by the heirs of Robert to widow Sarah and Robert’s daughter, now Susan Reid, found in volume H2:484.

Here are the transcriptions of those two deeds:

Volume G2:112-113:

11912 Know all men by these presents That I Robert Caldwell
of the Parish of Waterborough in the County of Queens farmer
for and in Consideration of the sum of eight Hundred Dollars
of lawful money of New Brunswick to me in hand will and
truly paid at or before the ensealing and delivery of these
presents by Sara Caldwell my wife and Susan Caldwell
my daughter of the parish aforesaid in the County aforesaid
the Receipt whereof I do hereby Acknowledge Have Granted
Bargained and Sold and by these presents do Grant
Bargain and Sell unto the said Sarah Caldwell and Susan
Caldwell all and Singular the following described premised to
wit – Situate in the Parish of Waterborough on the South side
of Cumberland Bay Creek and bounded easterly by Land
owned by the late Lemuel Jenkins and westerly by land
owned by John Barton and fronting [??] the said Cumberland
Bay Creek it being Lot number one (1) in count upwards
Containing two Hundred acres more or less and also all
dower right and title of Dower interest property claim and
demand whatsoever of in to and out of the above described
premises with the appurtenances to the said Sarah Caldwell
and to her only use and benefit for the terms of her natural
life Then the above described premises with the appurtenances

to be come the property of the said Susan Caldwell her Heirs and
assigns and to her only use benefit and behoof for ever
and I the said Robert Caldwell do for myself my and each
and every of my heirs executors and administrators covenant
with the said Sarah Caldwell aforesaid and for the terms
aforesaid and with the said Susan Caldwell her and each
and every of Her heirs and assigns that I am seized of the
premises as a good indefeasible estate of inheritance in fee
Simple free of and from all manner of incumbrances
whatsover with these following reservations that this deed share
not take effect or come in force until after my death and
after my decease the said land and appurtenance shall be
subject to the payment of all my just and honest debts
and my Grand Daughter Sarah Ann Caldwell which has been
with me since a Child shall have a good common education
and at the age of eighteen she shall have a suit of clothes
on and a suit off and a feather Bed and bedding and a
Cow and that I have a good right full power and lawful
authority to grant bargain and Sell the same in manner and
form as above written.
In witness whereof I the said Robert Caldwell have
hereunto set my hand and seal this Twenty eighth day
of October in the year of our Lord one Thousand eight
Hundred and Seventy
Signed Sealed and delivered
in presence of George E. McLean

Robert Caldwell [seal]

Canada Province of New Brunswick
Queens County SS Be it Remembered that on the year
and day before written personally appeared before me George E. McLean
Esquire one of Her Majesty’s Justices of the Peace in and for the
county aforesaid the before named Robert Caldwell who
acknowledges that he executed this deed freely and voluntarily
for the uses and purposes therein named
George E. McLean JP
Rec’d and Recorded the 16th day of September AD 1874
BL Babbit [resist?] of Deed

Volume H2:484-485:

12514 Know all men by these presents that we Joseph Caldwell
of the Parish of Waterborough County of Queens in the Province
of New Brunswick and James Caldwell Robert Caldwell
Sarah Ann Elkin and Robert Elkin Mary Jane Langley
and George Langley and Elizabeth Philips and Daniel
Philips all of the Parish County and Province aforesaid
heirs of the late Robert Caldwell deceased for and in
consideration of services performed and labour done for the

late Robert Caldwell by Sarah Caldwell his wife and Susan
Reid his Daughter which will amount to or be an equivalent
to two Hundred dollars and also for the natural love
and affection which we have unto the said Sarah Caldwell
and Susan Reid we do hereby acknowledge have given
Granted aliened released and confirmed and by these
presents doth remise release and for ever quite claim
unto the said Sarah Caldwell holding her interest for
the term of life and to the said Susan Reid her Heirs and
assigns a certain messuage now in the seizen and possession
of the said Sarah Caldwell and Susan Reid situate in the
Parish of Waterborough on the South side of Cumberland Bau
Cree it being Lot Number one (1) in Count upwards containing
two Hundred acres more or less and bounded Easterly by land
owned by Mrs. Samuel Jenkins and family and westerly by
land belonging to Mrs. John M. Barton to Have and To Hold
the aforesaid premised Stock and apparatus goods and chattles
with all the with all privileges and appurtenances
to the Siezer and possession of the said Sarah Caldwell
Susan Reid belonging or appertaining unto the said Sarah
Caldwell as expressed in the deed from Robert Caldwell before
his decease to Sarah Caldwell his wife which being for the term
of Her natural and to Susan his daughter her heirs and
assigns to their sole use for every so that neither of us the said
Joseph Caldwell Robert Caldwell Sarah Ann Elkin and Robert Elkin Mary
Jane Langley George Langley Elizabeth Philips David Philips and
James Caldwell nor our heirs nor any person or persons
claiming under us or them shall at any time hereafter
by any way or means by deed by will or heirship have claim
or demand any Right or title to the aforesaid premised stock
apparatus goods Chattles or appurtenances or to any part
or parcel thereof for ever in witness whereof we the said Joseph
Caldwell Robert Caldwell Sarah Ann Elkin Robert Elkin Mary Jane
Langley George Langley Elizabeth Philips David Philips and James
Caldwell have hereunto set our hands and Seals this Sixteenth
day of June in the year of our Lord one thousand Eight Hundred and
Seventy Six
Signed sealed and delivered
in presence of
George E. McLean
Sarah A. Caldwell

Joseph Caldwell [seal]
Elizabeth Philips [seal]
David Philips [seal]
Robert Elkin [seal]
Sarah Ann Elkin [seal]
Robert Caldwell [seal]
George Langley [seal]
Mary Jane Langley [seal]

NOTE: James Caldwell’s name is not included in this list.
Joseph Caldwell, Elizabeth Philips and David Philips acknowledged the deed on 16 June 1876 while Sarah Ann Elkin, Robert Elkin, Robert Caldwell, George Langley and Mary Jane Langley acknowledged the deed one day later on 17 June 1876.

For whatever reason, James Caldwell was unable to be present when this deed was filed. His name was added to the end of the list within the text, he did not sign the deed nor did he appear in the office to acknowledge the deed.

To summarize all this up, Robert Caldwell sold his land (Lot 1) to wife Sarah Caldwell and daughter Susan in 1870 for $800 and made bequests to his granddaughter Sarah Ann Caldwell, with the sale and bequests to take effect after his decease.

In 1876, his heirs accepted payment of $200 for labor and services performed by Sarah and Susan and released all interest in Lot 1.

Why James Caldwell is mentioned at the opening of the second deed, but not in the closing is unknown.

These two deeds provide an accurate accounting of the heirs of Robert Caldwell, with the exception of a son, William, who predeceased Robert and who was the father of Robert’s granddaughter, Sarah Ann Caldwell.

Much more can now be pieced together through land records, vital records and newspaper accounts found on the Provincial Archives of New Brunswick.