IN THE MATTER OF the estates of Joseph S. Brant, Jemima Hill, Simon Hill, Isaac Hill, and Catherine John, deceased, and
IN THE MATTER OF the interest in and lawful possession of the south-half of Lot 21, Concession 2, Tyendinaga Indian Reserve, lying and being north of the York Road, presently designated as Parcel "B" and Parcel "C", Plan of Record No. 4498, Indian Affairs Survey Records, Ottawa.
WHEREAS Simon Hill, No. 242 Mohawks of the Bay of Quinte Band, was in lawful possession of the whole of the south-east quarter of Lot 21, Concession 2, presently designated as the whole of Parcel and part
of Parcel "C" by allotment - Tyendinaga Indian Land Register 1895.
AND WHEREAS the said Simon Hill transferred possession of the most southerly 17 1/2 acres, more or less, of the said south-east quarter of Lot 21, Concession 2, Tyendinaga Indian Reserve, to Albert Lewie by Sale Agreement dated January, 1897.
AND WHEREAS the Band Council of the Mohawks of the Bay of Quinte Band agreed with the said Sale Agreement from the said Simon Hill to the said Albert Lewie in Band Council Resolution dated the 6th day of January, 1897.
AND WHEREAS the said Albert Lewite transferred possession of the most southerly 10 acres, more or less, of the said most southerly 17 1/2 acres, more or less, of the said south-east quarter of Lot 21, Concession 2, Tyendinaga Indian Reserve, to Joseph S. Brant by Sale Agreement dated March 14, 1903.
AND WHEREAS the said most southerly 10 acres, more or less, of the said south-east quarter of Lot 21, Concession 2, Tyendinaga Indian Reserve, is presently designated as Parcel "B", Plan of Record No. 4498.
AND WHEREAS the said Albert Lewie allegedly transferred possession of the remaining 7 1/2 acres, more or less, of the said most southerly 17 1/2 acres, more or less, of the south-east quarter of Lot 21, Concession 2, Tyendinaga Indian Reserve, in or before the year 1914 to Jemima Hill.
AND WHEREAS documentary evidence of the alleged transfer of possession of the said 7 1/2 acres, more or less, of the said most southerly 17 1/2 acres, more or less, of the south-east quarter of Lot 21, Concession 2, Tyendinaga Indian Reserve, from the said Albert Lewie to the said Jemima Hill is unobtainable.
AND WHEREAS Jemima Hill, No. 242 Mohawks of the Bay of Quinte Band of Indians, of the Tyendinaga Indian Agency, Province of Ontario, died intestate on the Tyendinaga Indian Reserve, in the said Province of Ontario, in the year 1914.
AND WHEREAS the said Jemima Hill 3e ft her surviving as heirs at law her husband, Simon Hill, two sons, Martin Hill and Isaac Hill, and two daughters, Mary Brant and Annie Maracle.
AND WHEREAS the said remaining 7 1/2 acres, more or less, of the most southerly 17 1/2 acres, more or less, of the south-east quarter of Lot 21, Concession 2, Tyendinaga Indian Reserve, descended in the following proportions and undivided 1/3 interest in the said portion of land devolved upon Simon Hill, and an undivided 1/6 interest in the said portion of land devolved upon each of the said children of the said deceased.
