Series s9 - Legal issues

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Legal issues

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  • Textual record

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CA PCA Acc4225-s9

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  • 1805-1924, 1946, 1977, 1993 (Creation)

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.78 m. of textual records

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Because of the interrelatedness of the family businesses, documents pertaining to legal issues faced by various family members are gathered in this one series.

This series consists of nine subseries:

1. Chancery Court case
2. Estate of Andrew MacDonald
3. Estate - Others
4. Land records
5. Petitions
6. Supreme Court
7. Naufrage Incident
8. Miscellaneous
9. House transfer - John Watts, et al.

In the normal course of their varied personal, business, and public service activities, the members of the Macdonald family invariably created wills, made land purchases, entered into contracts, and became embroiled in legal issues. Perhaps the most significant of the latter was the family’s involvement in a prolonged Chancery Court Case which lasted for almost 20 years and had a lasting impact on several of the members of the family. The basis of the suit was a dispute between Andrew Macdonald’s heirs, Hugh in particular, and Margaret Campbell MacLeod and her husband William, the heirs of Angus Campbell of Ensay.

When Andrew originally planned to purchase and settle on land in Prince Edward Island, he appears to have planned to do so in concert with his partner Angus Campbell of Ensay. In 1804 Andrew contracted to purchase 3333 acres of land in Lot 8 and 3750 acres in Lot 52 using funds from his partnership with Angus. There is some discrepancy as to when he actually received the title to the land although Andrew was himself in Prince Edward Island by 1806. Their intent was that Angus would then bring settlers to the Island. However, Angus passed away before he could do so. The basis of the suit was Andrew’s claim that he had repaid the money to the joint account which he had used to purchase the land, whereas Angus' heirs maintained that they were owed either the deed to the properties and/or the moneys collected as rent from the tenants who did eventually settle on the land. Although there was communication back and forth between Andrew and the MacLeods, it was not until after Andrew’s death that the case made its way to court. As executor of Andrew’s estate, Hugh was left to deal with the court case although other family members did become involved. The Chancery Court case appears to have commenced in 1838 and ended first ca. 1843 to be taken up again in 1849. The costs of fighting the case eventually resulted in the sale of Panmure Island in 1852. The family appears to have been able to regain possession of the Island by 1880.

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