Other Events:

• _UID: 92F5948CFDAE0E489EC6B52D55D2C9452333

Notes:

1861 Census, Nova Scotia, Cape Breton line 31 Poll Dist 5 Abstract 5
Charles Lee Jr.'s household consists of 3 men and one woman; one male 2 to 3, one male 3 to 4, one married female age 20 to 30, and one married male age 30 to 40.

1871 Census
Cow Bay div 2 hh 137
Charles Lee 43, wife Diana? Lee 39; son John Lee is 13, James Lee is 12

1881 Census
Charles LEE M Male English 50 Nova Scotia Roman Catholic
Mary LEE M Female English 40 Newfoundland Roman Catholic
James LEE Male English 22 Nova Scotia Roman Catholic
Source Information
Census Place Cow Bay, Cape Breton, Nova Scotia
Family History Library Film 1375802
NA Film Number C-13166
District 6
Sub-district M
Page Number 21
Household Number 95

1891 Census of Canada
Cow Bay div 1 p. 45 hh 197
Charles Lee 63 NS/NS/NS
Mary Lee 50
John Lee 28

Charles married Mary Unknown Abt 1855. Mary was born Abt 1831, Newfoundland; died Aft 1891. [Group Sheet]

Other Events:

• Occupation: Main-à-Dieu, Cape Breton, Nova Scotia, Canada; Farmer, acc. to death cert of daughter Elizabeth (see notes)
• Occupation: Main-à-Dieu, Cape Breton, Nova Scotia, Canada; fisherman (acc. to 1838-41 Census)
• _UID: D747C859E84D12448D0E7097231E2E06E1FA
• Occupation: 1830, Main-à-Dieu, Cape Breton, Nova Scotia, Canada; carpenter (see notes)

Notes:

Cape Breton County deed bk. F p 701 (FHL Film # 808,748)
dated 1 Oct 1827/registered 10 Oct 1827 -Martin Harriott and John Lovatt of Mainadieu executors of Dominic Bergard of Mainadieu sell 1/4 of 10 lots of Dominic Bergard to Joseph and Anthony Martell mariners of Mainadieu for 53 pounds 10 shillings; witnesses included W. Gammell, Charles Lee, and Charles Martell.

Cape Breton County deed bk G p. 361 (FHL Film # 808,749)
dated 6 Nov 1830/registered 15 Feb 1831
John Brodrick of Cathlone fisherman and wife Mary Brodrick and Charles Lee of Mainadieu carpenter
consideration 20 pounds
a "lot of land on the Southern shore of Mire Bay...beginning at a marked stump being the northeastern corner boundry [sic] of land conveyed by John Martell Senr. to Thomas O'Neil thence South eight degrees east five chains to a marked spruce tree thence south twenty two degrees east one hundred and five chains to the rear line of the lot granted to John Martell thence north seventy eight degrees east four chains and half thence north twenty two degrees west one hundred and six chains to the shore thence along shore to the lace of beginning containing in the whole by estimation forty eight acres more or less"
John Broderick signs, Mary Broderick makes her mark, Charles Lee signs, W. Gammell Senior signs, John Scott signs.

Cape Breton County deed bk I p. 2 (FHL Film # 808, 750)
dated 21 January 1831
John Scott of Main a Dieu merchant to William Willet of Main a Dieu fisherman
a lot on the W shore of Main a Dieu near Boom Pond at NE corner of land conveyed to Charles Lee on Boom Pond Beach (also adjacent to land conveyed by Laurence Nearing Sr. to Moses Gallant)

Cape Breton County deed bk I p. 70 (FHL Film # 808,750)
registered 7 March 1833
dated 7 January 1833
Stephen Nearing & wife Sarah of Mainadieu, mariner to William Gammell, merchant
land at Mainadieu on Boom Pond at SE of land owned by Walter Burke
witnesses are David Burke and Charles Lee of Mainadieu (both sign)

Charles Lee, fisherman, appears on 1838 Census of Cape Breton County (Mainadieu to Catalone District). 8 in family.

From NSARM RG 15 Vols 5&6 School Returns Main-a-Dieu 1 June-1 Dec 1839
Emily Lee, age 9, daughter of Charles Lee, attends school at Main-a-Dieu

1861 Census, Nova Scotia, Cape Breton Poll District 5 Abstract 5
Charles Lee Sr. household consists of one male widower age 60 to 70 and one single female age 30 to 40.

"Charles Ley age 82 years, widower, born in Main-à-Dieu, son of John Ley, a seaman died September 25, 1869. Informant Susan Ley. From Cape Breton County Death Records (Civil Registration)
Registration Year 1869 - Book 1803 - Page 43 - Number 131 [indexed as "Charles Leg"]

John David Boutilier Jr.'s first wife, Jane Ley, a daughter of Charles? The couple did have a son named Charles who was baptized at Sacred Heart (Roman Catholic), Sydney; see notes pages for John David Boutilier and Jane Ley. Their daughter Amelia [Emily] was baptized at Immaculate Conception, Main a Dieu. They lived at So. Head Cow Bay.

Charles married Susannah Gallant 21 Feb 1814, Main-à-Dieu, Cape Breton, Nova Scotia, Canada. Susannah was born Abt 1790; died Bef 1861, Main-à-Dieu, Cape Breton, Nova Scotia, Canada. [Group Sheet]

Other Events:

• _UID: EE83A83D0492954B8E5959E653FCF83A739E

Notes:

daughter of Casimir and Margaret Gallant ?

Other Events:

• Occupation: Main-à-Dieu, Cape Breton, Nova Scotia, Canada; sea captain, mariner
• _UID: D6D999036023F0468C2F21879631EC6781AF
• Residence: Between 1800 and 1805, Main-à-Dieu, Cape Breton, Nova Scotia, Canada

Notes:

John Ley is referred to as "Capt." in the baptism record (St. George, Sydney) of a son, John, in 1787 and "Esqr." in the baptism record of his son James in 1895 (same church); is that because he had been appointed magistrate in the meantime (see notes for grandfather Alexander Ley).

However, John Ley (the immigrant and father of John Ley) is "Esquire" in his probate papers, so perhaps both men held administrative positions in local government, either simultaneously or one after the other.

John Ley Jr. received title for land in Main-a-Dieu on August 10, 1787.
FHL Film # 808,746
Cape Breton County deed bk A 238
registered 10 August 1787
dated 10 August 1787
"....unto John Ley Junr. of Main a Dieu, and to his Heirs & Assigns forever....Land, situate...in the Harbour of Main a Dieu...[namely] Lotts 1, 2 and 3 in Block B bounded on the North east by Crown street, on the North West by Richmond Street, on the South West by Lott No.4 Assigned to Wm. Kenedy, on the South east by Carleton street, being five Chains in length and three chains in Bredth [sic] and contains One & half Acre...."
This land was later the property of David and Agnes (Ley) Burke, Agnes being John's sister. When did this land transfer occur?

Letters of Administration were granted on the estate of the immigrant John Ley Sr. in 1800. His widow Jane Ley was administratrix, John Ley Jr. (son of John Ley Sr.) and John Payne were administrators. The inventory indicates that John Ley Sr. owned 5 fishing lots in Main a Dieu; there is a note that his accounts were not in order, perhaps an indication of possible debt.

In 1805 Jane Burke alias Ley, the widow of John Ley, and John Payne, acting as the administrators of John Ley's estate, sold the 5 fishing lots to David Burke and Thomas Burke. Since John Ley, son and heir of John Ley, is not mentioned in the deed, these estate administrators are probably those for the estate of John Ley Jr., although no indication of the granting of a second letters of administration has been found. Perhaps the procedure was not necessary if the estate to be distributed was identical.

Jane Burke alias Ley is probably the widow of John Ley, son of John Ley. John Ley, son of John Ley, had a number of minor children, so his widow's remarriage would have been probable, while John Ley Sr.'s widow would have been approximately fiftysomething without any known minor children. On the other hand, the widows of both John Leys may have been remarried to Burkes.

The buyers, David Burke and Thomas Burke, are probably the two brothers by these names. This David is probably the same David who married Agnes Ley. Thomas Burke was married to Jane Martell, perhaps the same Jane who was the widow of Mrs. David Burke's brother John Ley.

A widow selling land to her own husband seems strange, even while she is acting in the capacity of administratrix for a former husband's estate. Was the sale necessitated by still unpaid debts accrued by John Ley Sr. and a way of keeping the land in the family?

The laws governing administration of estates need to be consulted.

Cape Breton Deed Book W p. 407 (FHL Film #808,757)
Deed; Administrators of John Ley to David Burke et al. Doc. W407 1860
recorded 27 August 1860
dated 3 December 1805
Administrators of the estate of late John Ley of Main a Dieu, mariner, John Payne and Jane Burke alias Ley, to David Burke and Thomas Burke both of Main a Dieu Mariners
Consideration 60 pounds
Lots 19, 20, 21, 22, 23 Block A ("granted to the late John Ley" "5 fishing lots" referred to in the inventory of the estate of John Ley Sr. 1739-1800)
John Payne signs, Jane Burke alias Jane Ley makes her mark, David Burke makes his mark, Thomas Burke signs, witnesses John L. Stout, J.P., Timothy Leaver, W. Bown Jr.
(Why was the 1805 document not filed until fifty five years later in 1860? Is that when Jane died? Or perhaps Thomas Burke?)

Where are the subsequent deeds that refer to this land?

John married Jane Martell Abt 1787. Jane (daughter of Charles Martell and Anne Schmid?) was born 1 Jan 1770, Louisbourg, Cape Breton, Nova Scotia, Canada; died Between 1821 and 1860. [Group Sheet]

Other Events:

• _UID: 918B58F77A4A0D4EAAEF8AD338C4E0409C16

Notes:

Jane was most likely Jane Martell, born in Louisbourg, Nova Scotia and daughter of Charles Martell and Anna Schmidt(?) This Jane has an b/d of Jan 1770-making her a somewhat young, but not impossibly young, bride (about 17 years old)

Jane Martell was married to Thomas Burke (brother of David "Agnes Ley" Burke) in 1803 or earlier.

She had two children named Thomas with different husbands.

Cape Breton County Nova Scotia Deed Book F p. 323 (FHL Film # 808, 748)
In this deed, dated 13 October 1821 and recorded 16 March 1822, Thomas Burke of Mainadieu, fisherman, sold (for five shillings) part of his land-the part of which already contained the Catholic chapel and two yards around it- to the boundary line with his brother David Burke's land- to the Catholic Missionary Priest and Church Wardens in Mainadieu. Thomas Burke signs, witnesses are Paul Buckley (signs) and Andrew Healy (marks). Also signed by James Fitzgerald and James Farrell. Thomas Burke's wife, "Jane Burke or Martelle" made her mark to indicate her agreement of the sale (relinquishment of dower rights). Witness to Jane's mark was Paul Buckley.

(Paul Buckley was married to Elizabeth Martell)
(James Farrell was married to Susan Martell in 1812)
(Andrew Healy was married to Mary Buckley daughter of Paul Buckley)
(The inclusion of the maiden name seems to be a happy quirk of the current registrar)

There were at least two children from Jane Martell's marriage to Thomas Burke.
Walter Burke was baptized 12 June 1803 at St. George to Thomas and Jane Burke; he was the spouse of Jane Shaw (children were Charles, Ann, James, Walter, Jane, John) Probably the Walter Burke born around 1803 who made a 1826 petition to the crown (see notes for John Burke)
Thomas Burke, son of Thomas Burke and Jane Martell, was married to Anne Kennedy (of County Waterford, Ireland)
on 10 Nov 1836 in Halifax St. Mary's. Marriage witnesses were Thomas Kennedy, James Lee and Alice Sofley.Thomas died 25 Feb 1857 in Halifax (obit Sydney Advocate 7 March 1857); issue two daughters

"Erin's Sons Vol. 2" by T. Punch
p.50
"Died 29 July 1846 at Halifax, NS-Ann, 31, daughter of Thomas and Mary Kennedy, of Kilmacthomas, Co. Waterford, and wife of Capt. Thomas Burke, Halifax." (Halifax Daily Sun 31 July 1846)
p.79, same book
Holy Cross Cemetery Burials, Halifax
Ann Kennedy Burke wife of Thomas Burke, buried 1 August 1846, age 31
? Ellen Kennedy Burke wife of Thomas Burke, buried 18 Sep 1850, age 36 ?


Birth:
Birth date and place comes from Martell family Bible.

Name:
Hypothesis

Other Events:

• Occupation: Main-à-Dieu, Cape Breton, Nova Scotia, Canada; sea captain, magistrate for Louisbourg district
• _UID: E6ABEAE2596C2A4CA968C5669FC2A68D6822
• Baptism: 20 Sep 1739, Northam St. Margaret, Devon, England

Notes:

Memorial University of Newfoundland, Keith Matthews Surname Files L130 Ley, John
"1762- adm 7/I36 JN "Whitmore" 30/6 LOUISBERG. atnfld - lis/louisberg"


FHL Film # 808,746
Cape Breton County deed bk A 236
registered 10 August 1787
dated 9 August 1787
"...unto John Ley Esqr. of Main A Dieu and to his Heirs and Assigns for ever...Land situate ....in the Harbour of Main a Dieu...[being] Lots No. 19, 20, 21, 22, & 23 in Block A and are bounded on the S. East by Lot No 18 Assigned to William Russel Esqr. on the South West by the Harbour Northward by Ley Street Northeast by Vacant Lands being five Chains in front & Rear & five Chains in Length on each side also a Tract of Land on the Hill on the North West side of Ley Street bounded on the S. West by Crown Street in Length Eight Chains ten links on the North West by Carleton Street five Chains on the North east by Vacant Lands Eight Chains Ten Links on the S. East by Ley Street five Chains & contains four acres and eight poles also another Tract on the N. West side of Carleton Street bounded on the S.W. by Crown Street on the N. West by Richmond Street on the N. East by Vacant Land on the S. East by Carleton Street being five chains in length on each side & Contains Two and a half Acres...."

The following estate file is believed to refer to John Ley the immigrant rather than his son, also named John, because of the participation of John Ley (the adult son) in the proceedings, and because the goods associated with the estate suggest a man of more than around 30 years old. If so, then both John Leys had very similar occupations, local administrative positions, married women named Jane, and died within a few years of each other.

FHL Film #814,174
Cape Breton County Estate File A-8
Bond given on taking letters of administration on the Estate of John Lee, deceased dated 27 March 1800
"...we Jane Ley Widow and John Ley, Jun'r of Maina Dieu John Payne of Cow Bay, John Spensor of Miry and David Burk Jun'r Maina Dieu aforesaid in the Island of Cape Breton, are held and firmly bound to the Rev'd Ranna Cossit Surrogate General of said Island and its dependencies in the sum of one hundred pounds of good and lawfull Money of of the Currency of Nova Scotia to be paid to the said Ranna Cossit or to his certain Attorney his Executors or Administrators or Assigns; for which payment to be well and truly to be made we bind our hiers executors, and Administrators and each of us firmly by this presents, sealed with our seals-Dated the 27th day of March and in the fortieth year of the Reign of The Sovereign Lord George the third...-and in the Year of Our Lord Christ 1800- The condition of this obligation is such that if the above bound Jane Ley Widow of Cap't John Ley late Deceased John Ley son of the said Deceased both of Maina Dieu and John Payne of Cow Bay in said Island of Cape Breton shall well and truly administer upon the Goods & Chattles of the said John Ley deceased (if no will should be found) According to the law without fraud or cosin, then this obligation is to be void or else to remain in full force and effect-Signed sealed and delivered in presents of David Burke, Walter Burke (they sign)
Jane Ley (makes mark)
John Ley Jr. (makes mark)
John Payne signs
John Freeman signs
David Burke Jr. (makes mark)

Personally appeared before me one of his Majesty's Justices of the Peace Mrs Jane Ley Widow of the Late John Ley Esq'r deceased and made Solumn Oath upon the holy Evangelist of Almighty God that she would true and faithfully Administer according to Law according to the best of her knowledge upon the Estate of the said John Ley Esq. Deceased- Before me Charles Martell, J.P., Manidieu the 6th of May 1800

An Inventory of the Goods and Chattels of John Lee, deceased. Dated 26 March 1800
--clothing--
none
--books--
1 prayer book
--beading--
2 sheets 2 blankis
3 piller cases
1 table cloath
1 looking glass
--old puter-- [pottery]
4 putter platers
13 putter plates
5 iron spoons
4 silver spoons
1 old copper coffee pot
2 old brass candlesticks
1 delph boal
1lb old putter
2 earthen plats small teapot and boal
1 old porter mug
4 old case knives (OED says case knife = a table knife)
3 old forks
6 iron pots
1 duch oven
1 iron tea kettle
1 old copper saucepan
1 frying pan
2 old flat irons 6 ox iron and 3 heter
1 pair old tongs
1 trammel
2 old chairs
3 old stools
4 kags 1 sive (kag = cask or keg; sive prob. = sieve, a type of strainer or basket)
1 old churn and 5 noggins
1 old sean (prob. a seine, a fishing net which hangs vertically in water)
1 old mackerel net
1 narrow ax
1 old whipsaw
1 old handsaw
2 peases cast iron
1 old vice
1 old anvill
a number of old locks and hinges
some old iron
1 small grindstone
2 old hammers
1 large old copper kittle
1 stove
1 old grate
4 iron wrenches
2 good shovels
2 old shovels
2 old hows
1 old iron kittle
1 old rond table
1 old large square table
3 small squar tables
30 old blocks
1 old hossen (hossen prob. variant of hose, "the bag at the lower end of a fishing net")
some old riggen
old junk (ruined rope)
9 yards Rusha Duck (Russia Duck, a cloth used for sails)
9 yards canvas no. 1
4 yards damaged canvas
1 old saddle
3 cows
1 bullock
5 fishing lots of land with their buildings in Maina Dieu
2 calvs
3 sheep
total pounds 146.6.10
We have carfully examined the Books of Auth. and find them not correct but many accounts unsettled as witness our hands and seals in presents of David Burk (signs) John Freman (signs) Charles Martell Sr. (signs) Charles Martell

Personaly Appeard before me Charles Martell Esq. David Burk and John Spencer the Above Signers and Sealers being Duly Sworn upon the Holy Evangelists of Almighty God that the Above And afforesaid Appraisement was According to their best of thair Judgment dated at Maina Dieu the 26th of March 1800 Charles Martell J.P. (signs)

Personaly Appeard before me Charles Martell Esq. Jane Ley wife of the late John Ley Esq. Deceased being duly sworn upon the Holy Evangelists of almighty God, that the Articles contained in the afforesaid Bill of Apprisement being the whole of the Personal and Real Estate of John Ley Esq. to the best of her knowledge dated at Maina Dieu the 6th of March 1800 Charles Martell J.P. (signs)


Reference: HO 47/41/30
Description:
Report of ------- Harrison [George Harrison], of the Treasury Chambers on behalf of the Commissioners of the Treasury, on 1 individual petition/memorial (prisoner) on behalf of Thomas Stevens Bursey, 'late Surveyor + Searcher + acting Collector of His Majesty's Customs at Cape Breton' [Canada], convicted at Cape Breton on 4 November 1797, for the misappropriation of a letter belonging to the Honourable A C Dodd, acting collector of HM Customs. Evidences supplied by the prisoner, Mark Crowdice, John Ley, Captain of the Sydney; John Hill and Daniel Murphy. The petition includes an account of the events and 'trial' including details of other inhabitants of Cape Breton. The prisoner had found illicit cargo on board the 'Sydney' and the prosecution had arisen out of a dispute about the cargo. Grounds for clemency: the whole of the proceedings 'are totally contrary both to Law + all judicial forms', the act for which the prisoner was tried on was not an offence, the place of confinement was condemned as 'unfit for any human being to be confined in' (the prisoner was confined in a room without a fireplace in temperatures where he was expected to die of exposure) and the entire jury was connected to the prosecutor. Initial sentence: 3 months imprisonment and a fine of 5/-. Recommendation: 'pardon for the purpose of removing the disability arising from the Effect of the Conviction'. Folios 249-258.
Date: 1809 Apr 24
Held by: The National Archives, Kew
Legal status: Public Record(s)
Language: English
Closure status: Open Document, Open Description

"FLNHS, AO 1/147:356, accounts for 1 July 1780 to 31 Mar 1783. John Ley received 8 pounds for freight and other expenses incurred in transporting bedding and other supplies from Halifax to Spanish River for the service of the troops employed at the mines." Cited in "Guardian of the Gulf: Sydney, Cape Breton, and the Atlantic Wars" by Brian Douglas Tennyson, U of Toronto P, 2000 p 365


Royal Gazette, Halifax, NS 3 Nov 1789 "CUSTOM-HOUSE, HALIFAX, Nov. [2]. ENTERED. The Schooner Venus, Ley, Sydney
Royal Gazette, Halifax, NS 20 July 1790 "Custom-House, HALIFAX, July 20. CLEARED. Schr. Venus, Ley, Sydney

Massachusetts Mercury published as The Mercury June 17 1794
"Marine Journal, Custom House Boston - Entries, Sch. Sydney, Capt. Ley, Halifax"

Royal Gazette, Halifax, NS 13 Oct 1795 "Custom-House, INWARDS. Sydney, Ley, Sydney"
Royal Gazette, Halifax, NS 6 Dec 1796 "Custom-House, Halifax. OUTWARDS. Sydney, Ley, Sydney"
Royal Gazette, Halifax, NS 1 Aug 1797 "Custom-House, Halifax, INWARDS. Schooner Sydney, Ley, Sydney"
Royal Gazette, Halifax, NS 28 Nov 1797 "Custom House, Halifax. INWARDS. Schooner Sydney, Ley, Sydney"
Royal Gazette, Halifax, NS 21 Aug 1798 "Custom House, Halifax. OUTWARDS. Sydney, Ley, Sydney"
Royal Gazette, Halifax, NS 30 Oct 1798 "Custom House, Halifax. OUTWARDS. Sydney, Ley, Sydney"

John married Jane (wife of John 1739 Ley) Unknown Abt 1760. Jane was born Abt 1740; died Aft 1800. [Group Sheet]

Other Events:

• _UID: 825B5CA1E1D2994B8DD193AA120486A54DC1

Other Events:

• Occupation: Main-à-Dieu, Cape Breton, Nova Scotia, Canada; Justice of the Peace
• _UID: 64FE1F15A17A7445B2343D2FCC6B6BC42204
• Occupation: 1760, Louisbourg, Cape Breton, Nova Scotia, Canada; private with the 45th Regiment of Foot
• Residence: 1768, Louisbourg, Cape Breton, Nova Scotia, Canada; \"Charles Martell, a discharged soldier\" A History of the Island of Cape Breton with Some Account of the Discovery and Settlement of Canada, Nova Scotia, and Newfoundland by R. Brown, 1869

Notes:

Charles Martell went to Louisbourg with the 45th Regiment of Foot.
1760 - 45th Regiment Louisburg Capt. Montague Wilmot
45th Regt of Foot: Capt Montagu Wilmot's Co., 1760 in Louisbourg, Cape Breton N.S.Source: WO12/5718, Part 1 

Annual Report of the New York State Historian,vol 3. 1898
1764
"A list of Non Commissioned Officers and Privates with the Number of their Organization and the Date of their Discharge"
Corporals
Charles Martell gone to Halifax "Pen mark through name in original- State Historian" Regiment and date blank (or, same as above, 60th, Dec 2nd 1762)

Later in life he served as Justice of the Peace at Main a dieu. Also lay reader (Anglican).

"The Martells in Nova Scotia, and Brief Sketch of the Huguenots" by Edna Dillon Luke also avail. Beaton Institute. This family history, much circulated by Martell descendants, was written before 1950, elaborates on oral history saying among other things, Charles Martell's father was
Anthony Martell (a French aristocrat and Huguenot) from Lyon who set up a linen and silk business in Dublin, Ireland. In 1748 with wife and two children went to Nova Scotia. Started a business in Halifax...then moved to New York.

More likely, however, he was the child (or relative) of a Thomas and Jane Martell of Halifax, this couple appears to have immigrated in 1749 with Cornwallis on the "Wilmington" "Martell" could conceivably have been of French origin, but if so, most likely a generation previous to Thomas. The Halifax records transcribed below do not indicate the material from which Thomas' stockings were woven (the silk industry being associated with Huguenots).


* see note below about occurrence of the surname in the UK*


Mertell Thomas Wilmington Thomas Adams Male Halifax & wife Weaver 2 [no children?]
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CS8Y-X9CG-G?i=761&cat=174582
List of the settlers who came out with Governor Cornwallis to Chebucto in June 1749 (Catalog entry: https://www.familysearch.org/search/catalog/174582?availability=Family%20History%20Library)

There are several deeds in Halifax County, Nova Scotia records suggesting that Thomas, a stocking weaver, left for Philadelphia a few years after his arrival, maybe dying there unexpectedly, and that Charles Martell lived in Halifax before he wound up with the military in Cape Breton.

No. 48, bk 2 p 199 Halifax County, NS Deeds Familysearch.org digital film 008123364
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSVF-2QGS-N?i=332&cat=1184005
"A Deed Poll bearing date the Eleventh day of April 1753 between Thos. Mortell of Halifax Retailer and Jane his wife...and Joshua Mauger of the same Place Merchant...Concerning a Certain Way or Passage...Grafton St....sixty feet...in consideration of the sum of Ten Pounds Sterling...." Signed Thomas Mortell, Jane Mortell her mark. Witnesses Bridget Suckling and George Suckling

No. 149, bk 2 p 253 Halifax County, NS Deeds Familysearch.org
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSVF-2QPY-B?i=386&cat=1184005
"A Deed Poll dated the 20th day of June 1752 made between William Unthank of Halifax Carpenter and Thomas Martell of the same place Stocking Weaver of the other part....in consideration of the sum of one pound...concerning a Certain Lott of Land...five Acres...in Letter D No. One....witnessed by Charles Martell and Jno. L Meadowe both of Halifax...registered..by me Jane Martell by Virtue of a Power of Attorney...this Tenth day of August 1753....signed
(her mark) Jane Martell" Witnessed Jos. Cole, Chas. Martell

No. 216 bk 2 p 288
https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSVF-2QPY-H?i=421&cat=1184005
"A Memorial of an Indenture of Assignment bearing date the 26th day of October 1753...between Thomas Martell late of the Town of Halifax in the Province of Nova Scotia Stockingmaker now residing in Philadelphia and Jane his wife of the one part and George Mauger of the Town of Halifax in the province aforesaid Marriner of the other part Reciting a Certain Letter of Attorney dated the Twenty Seventh day of July 1753 made by the said Thomas Martell to the said Jane his wife purporting to be a Bargain and Sale from the said Thomas Martell and Jane his wife his said Attorney in Consideration of fourteen pounds reputed Sterling...concerning all that parcel of Ground being part of three fourths of the Lott Number fourteen situate...in the Division of Robert Ewer? Esqr. Letter F and doth and Contain Eastward in the front part thereof on Argile Street within the Town of Halifax aforesaid thirty feet in the North Side thereof on Ground and a Messuage belonging to George Lees sixty feet in the west End thereof on premises now of or belonging to Captain Joshua Mauger Called the Assembly Room thirty feet and in the South Side thereof on Ground or a Passage of or belonging to said Joshua Mauger being the other fourth part of said Lott and by him lately purchased of said Thomas Martell sixty feet...." Witnesses Daniel Wood and Joseph Cole both of Halifax sign 26 Oct 1753


https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSVF-2QP5-2?i=479&cat=1184005
No. 82 bk 2 p 347
"A Deed Poll dated the 30th day of May 1754 made Between Charles Martell of the Town of Halifax....and George Lees of the same place...in consideration of the sum of nine pounds Sterling...all that part of the Lott of Ground with the Messuage or Tenement thereon...being 30 feet front and Sixty feet Deep being the Northerly part of said Lott Situate in Halifax Letter F Number Eleven in Justice Ewer's Division...." Signed Chas. Martell, 4 June 1754; deed mentions witnesses Joseph Cole and John Collier? both of Halifax , but signed by David Lloyd and Jos. Cole.

The Pennsylvania Gazette, Philadelphia, Pennsylvania
Thu, May 30, 1754 · Page 3 - Notes Thomas Martell has an unclaimed letter at a Philadelphia post office.

A Martell family bible, a King James Version printed in 1793, was passed down through Charles' youngest son, Anthony Martell's family. In the Bible, there were two copies of names, birth, birthplace, and death dates for Charles, his wife Ann, and their children. The original compiler and date of the information written in the bible is not disclosed, and it was copied over when the first page became torn; the original source could have been Charles Martell Sr. Images of the bible pages were formerly viewable on "The Martell Family Research Project" (defunct site; text, unfortunately without most of the images, is still available via Wayback Machine https://web.archive.org/web/20050905133201/http://onlinehelp.bc.ca/martellfa/).

In the 1871 and 1881 Censuses of Canada, none of the oldest Martells claimed Irish descent, despite Charles' birthplace (per family bible) in Dublin. Most claimed to be English. Exceptions: Arnold Martell (Anthony), Charles Martell (Joseph),and Anthony Martell (Anthony) all claimed French origin.

A Huguenot descent his descendants wrote admiringly of is plausible, though unproven, and unfortunately it cannot be assumed based on the surname. The name Martell has a long, non-Huguenot,* history in Ireland (notes surname authority MacLysaght*) and is also found spread out in England ("National Trust Surnames" [website no longer exists], based on the 1881 Census, found 294 persons with this name in 1881, in London, Swansea (Wales), Milton Keynes, and especially in the area around Southampton and Portsmouth. The Revocation of the Edict of Nantes occurred in 1685, but Huguenots came to the UK starting in the 1500s. The surname is also found in Jersey due to its French connections.
*also see "The Huguenot Settlements in Ireland" by Grace Lawless Lee, Genealogical Publishing Co, 2009
French-derived Martells are/will be listed in the notes regarding Charles' assumed father, Thomas.

FHL Film # 814, 174
C-4 Cape Breton County Probate Files (Reg bk A p 59)
year 1820
Charles Martell Sr. age 77 will dated 15 May 1812; his heirs are children John, Jane, Ann, Joseph, Elizabeth, Mary and Anthony (in that order)
Charles Lee is a witness (signs) to the administration bond (Anthony Martell is administrator) Feb 2, 1820

Family of Charles Martell-
Thomas Martell died young.
John Martell was the spouse of Jane Oxley
Jane Martell was the wife of John Ley [ca 1865-bet 1800 and 1805] and then was remarried to Thomas Burke around 1803 (see notes for John Ley)
Ann Martell married Edward Dillon
Joseph Martell married Patience Phipps
Elizabeth Martell married Paul Buckley
Mary Martell married Michael Kennedy
Anthony Martell married Lucinda Holmes
Charles Jr. was the spouse of Susan Mehitabel Wilcox (Charles Jr. predeceased his father)

Children of "Jane Martell's marriage to Thomas Burke":
Walter Burke baptized 12 June 1803 St. George to Thomas and Jane, was the spouse of Jane Shaw (children were Charles, Ann, James, Walter, Jane, John)
Thomas Burke born about 1809; married to Anne Kennedy 10 Nov 1836 at Halifax (R.C.), died 25 Feb 1857, age "47," occupation sea captain, in Halifax (obit Sydney Advocate 7 March 1857); issue two daughters; burial Holy Cross Cemetery

Cape Breton land petition year 1795
Martell, Charles
Permission from Macarmick and Matthews allowing Martell to cut grass in the South East Harbour in the Island of Scatari and on the small island adjacent. The name of Martell is marked off and permission given to John Cameron to cut timber at the head of St. George's Bay. This is approved by Nicholas Nepean in 1810.
Cape Breton no. 10
NSARM microfilm 15788

Cape Breton land petition year 1805
Kennedy, Mickell
Petition to Despard Petitioner with his wife and three children lives with his father-in-law, Charles Martel. He asks a lot on the southern shore of Main-a-Dieu, adjoining land occupied by John Duderidge.
Cape Breton no. 190
NSARM microfilm 15789

Cape Breton land petition year 1815
Martell, John, Jr.
Petition to Swayne: Petitioner's father, the late Charles Martell, Jr. received five acres from the late Mr. Matthews in 1796. The lot is on the west side of the Bay of Mainadieu, north-east of Boom Pond. Petition has occupied this land since his father's death, is 25 years old, has a wife and one child. He asks a lease of 250 acres for himself and four younger brothers. Note: recommended for a fish lot.
Cape Breton no.: 1247
NSARM microfilm: 15792

Cape Breton land petition year 1818
Martell, John [Jr]
Petition to Ainslie: Petitioner, age 27, a native of Man-a-Dieu, has a wife and two children. He asks a lot east and adjoining Bome Pond. Note: recommended., 50 acres. Name, "Charlie's Garden".
Cape Breton no.: 2024
NSARM microfilm: 15795

Cape Breton land petition year 1826
Martell, Charles, and Farrell, James
Petition to Kempt: Petitioners are natives of these colonies and residents of Mainadieu. They are the owners of certain small vessels, and ask water lots at Manidieu on which to build a wharf. They have purchased the lots on the late Richard Stout. Plan. May have water lots, but not in front of other person's property.
Cape Breton no.: 3154
NSARM microfilm: 15799


Inventory of the effects of Chas Martell Senr of Mainadieu 2 Feby 1820
"who departed this lif fifth day of November 1819"
cash - 91 pounds 6 p
Books 3 pounds
wareing aparoll 2 pounds
1 saw 10 p
1 pot 1 copper boiler 1 pound 10 p
2 pairs candle sticks 4 p
2 puter dishes 1 gun 13 p 4s
1 pistle 15 p
total 99.18.4
signed Anthony Martell
FHL Film has this out of order in between file P7 (Laurence Laffin) and P8 Alexander McDonald !

Birth:
birth date and place according to family's bible; source for information was probably Charles Martell himself.

Charles married Anne Schmid? Abt 1759. Anne was born 30 Dec 1739, Switzerland?; died 1804. [Group Sheet]

Other Events:

• _UID: 7CE08BEF40B31E48A4DE978862AFF5E5BBCA

Notes:

Mrs. Charles Martell (forename Ann) predeceased her husband. Her surname was, according to family tradition, "Smith" [= Schmid ?]; The re-copied family bible states a location that most likely sounded like "Duglishone in Switzerland," or could be mistranscribed as such.

Places to try:
Dachlissen, Zurich [part of Mettmenstetten]
Dachslern, Zurich
Detligen, Bern
Taeglischuer, Zurich
Taegerschen, Thurgau

There were Swiss people in Halifax because of the "Foreign Protestant" settlement, however, if Charles was in Philadelphia and/or New York, he could have met and married her there. This might explain the elusive nature of a marriage record.

Birth:
Claimed birth date is according to Martell family bible.

Name:
Only source for surname, "Smith," is family tradition.

Notes:

Married:
Assumed, based on 1st child birth date in 1760 according to recopied family bible.