James Waters' Claim

Heir and Devisee : H-1149 (Image 107):

"James Waters, of the Town of Niagara, in the District o Niagara, Yeoman, claims as eldest son and heir at law, of Humphrey Waters, deceased, who was the assignee of William Holford, who has left this Province."  Lot 19  3rd Concession in Loughborough Township"  Monday, 6th July 1829

"In 1829 two prominent, and by that time elderly, Kingstonians, Hon. John Kirby and Allan McLean, former Speaker of the Legislative Assembly, gave evidence in support of one James Waters who claimed 200 acres in Loughborough Township (Lot 19, 3rd Concession) as heir of Humphrey Waters who was the assign of William Holford, the original nominee. But first Waters produced a deed of conveyance by which, in 1793, William Holford, in quaint wording and eccentric spelling, made over his land 'to Humphrey Waters his hairs and assines for ever, and I will Defend him a Gainst my hairs and assines in peaseablt procation (possession) of the sane (same)"'.

"Then Allan McLean reported what he remembered about Old Mr. Holford, that "he came to the Province in 1792 with the Loyalists that were sent out from England by the Treasury, that he drew lands in the township in the rear of the township of Kingston now called Loughborough, that the said Holford left the Province many years ago and, it was said, enlisted in the 60th Regiment, that he has a knowledge of Humphrey Waters dying at Niagara, without a will... ." [Source - "Herbert Clarence Burleigh fonds - Family files series - John (John 1) Burley"]