Sydney: 1845 - 1847. Four manuscript legal documents signed and witnessed in Sydney pertaining to the transfer of land owned by Duncan and Margaret MacKellar, some of the earliest settlers in the area who established "Strathallan" near Braidwood, NSW around 1829, to Charles McLachlan upon the MacKellars return to Scotland.
Charles McLachlan (1795?-1855) was a Scottish born businessman who worked for the Australian Company of Edinburgh, founded by Scottish merchants to establish the first regular shipping service between the Australia and Britain.
Captain Duncan Mackellar Sr. and family joined his nephew (of the same name) at Strathallan in about 1829; their combined land grants were 3250 acres to which they added another 4000 by purchase. According to an excellent article in "Braidwood Heritage" by Netta Ellis of the Braidwood and District Historical Society (p12):
"The property Strathallan was owned by Duncan Mackellar Senior, formerly a captain of merchant ships who first called at Australian ports in 1822. In 1825 he arrived in Sydney in command of the 'City of Edinburgh'. His nephew, Duncan Mackellar Junior, with his wife Janet and children, were immigrant passengers on the ship. Captain Duncan Mackellar after retiring from the sea in 1829 settled with his wife and family on Strathallan and in letters to the Colonial Secretary in 1830 stated that he had £1,000 capital, 1 stone house, 1 wood slab house, several huts, 12 assigned convicts and 2 free servants. One hundred and twenty acres were cleared and the property was stocked with sheep, cattle and horses."
The ADB has a profile on Neil MacKellar, a military officer commissioned an ensign in the NSW Corps in 1791 who arrived in the colony with the regiment in February 1792. He was well thought of, being appointed to investigate Philip Gidley's King's actions during the disturbances at Norfolk Island in 1794; in command of the Hawkesbury 1797-99; and in 1800, secretary and aide-de-camp to Governor King. His elder son was Lieutenant Duncan MacKellar, R.N. (b. 4 Dec 1796). Research on Ancestry.com does not make it clear what the family relationship might be between this Duncan MacKellar and the Duncan & Margaret MacKellar might be.
The four documents consist of:
1. A notarized statement signed by Robert Owen notary public of Sydney, affirming that the affixed affidavit of William Carr Sydney solicitor and Archibald Little Magistrate, were signed in his presence on the 27th day of March 1847. 9 1/4 x 9".
2. Headed "The Common Pleas", states that William Carr Commissioner, confirms that Margaret MacKellar, the wife of Duncan MacKellar, "did intend to give up her interest in the said estates without having any provision made for her in lieu of or in return for or in consequence of her so giving up such her interest". Sworn and dated March 27, 1847, and signed by William Carr and Archibald Little. 9 1/2 x 13 1/2".
3. Document certifies that Margaret MacKellar provided to the 2 Commissioners, William Car and Thomas Brown, two indentures, the first Indenture A, made between Margaret and Duncan MacKellar and Charles Mc Lachlan dated 8 April 1845, and the second deed Indenture B, made between the MacKellars and Charles Mc Lachlan and Henry Parkin Badger. This document signed by William Carr and Thomas Brown. 9 1/4 x 11 1/4".
4. A printed document, Court of Common Pleas, appointing William Carr and James Norton as Commissioners to take the acknowledgment of Margaret MacKellar of the deed of Lease and Release to pass the estate, dated Sept 1 1846. 9 1/4 x 9".
Four documents, three of which are manuscript on vellum, stitched with green ribbon tie affixed with the pendant wax seal of Robert Owen, Notary, Sydney NSW. Period folds flattened. Very bright and clean. Very good condition. Item #25934