USA > Connecticut > New Haven County > Waterbury > A narrative and documentary history of St. John's Protestant Episcopal Church (formerly St. James) of Waterbury, Connecticut > Part 11
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[A]
To all people to whom these presents shall Come, Greeting: Know ye that I, John Judd of Waterbury in the County of New Haven and Colony of Connecti- cut in New England for the consideration of twelve pound in Money in hand Received and to Accomodate the seting up of A Church in said Waterbury Have given and Sold Granted Aliened and Confirmed unto James Brown, Richard Welton, Benjamin Warner, Moses Bronson, John Barns, Richard Wel- ton Jur., Robert Johnson, Jonathan Prindle, Nathaniel Gunn, Joseph Bronson, and George Nichols, and to others of the Denomination of the Church of Eng- land or professors thereof and to their successors in Waterbury A piece of land to be taken of the Southwest Corner of my Home Lott where they are now Raising A Church and to begin att the Southwest corner of my Lott and to run northward in the line twenty eight foot then to run Eastwardly fifty foot then southwardly thirty nine foot then Westwardly forty five foot to the first Corner and buts East and North on my own Land and South and West on the Highway. Which piece of Land so taken of and bounded which encom- passes the House and A piece of six foot wide the wedth of the House at the East End I hereby make it over to the above sd Grantees and their successors and others of the professors of the Church of England in sd Waterbury forever. To Have and to Hold the above given and granted Land with the appurtenances thereof unto them the said grantees and their successors forever to them and
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their own proper use and behoof and I the sd John Judd do hereby assure them that I have full power to despose of the same as herein I have done and that it is free of all incumbrances whatsoever and John Richason doth hereby freely fully and absolutely resign all his right and title in the Above demised premises to the above sd grantees and their successors as above and we the said John Judd and John Richason of Waterbury in said County do hereby Engage to warrant and defend the above sd grantees and their successors in the Quiet possession of the premises Against All Claims whatsoever in confirma- tion whereof we have hereunto set our hands and seals this 20' day of April A. D. 1743.
Signed Sealed and Delivered in presence of
JOHN SOUTHMAYD. BENJAMIN HARRISON. JOHN JUDD [L. S.] JOHN RICHASON [L. S.]
Waterbury in Connecticut April 20th 1743 then personally appeared Ensign John Judd and John Richason that signed and sealed the Above written Deed and acknowledged the Signing and Sealing there of to be their free Act and Deed.
CORAM JOHN SOUTHMAYD,
Justice of peace.
Received and Entered April 20th, 1743 A true record of the Original Deed. Test: JOHN SOUTHMAYD, Recorder.
[A 1]
To all people to whom these presents shall Come, Greeting: Know ye that I Joseph Hopkins of Waterbury In New Haven County in ye Connecticut In New England upon condition and in Consideration of that the people belonging to the Church of England In said Waterbury Make and maintain one half of the fence that is necessary to Devide the Land belonging to said Church of England from my house lot have Remised Released and Quit claimed unto mesrs John Welton Abraham Hickox & David Warner as they are Committee for the said Church of England and by these presents Do for myself my Heirs Executors & Administrators so long as the condition is fulfilled by the said Church of England Remise Release and Quit Claim all my Right Title and Interest in the land lying North and East of the meeting house or Church belonging to said people In Waterbury aforesaid that is to say all the Lands within five feet of said house unto the said Welton Hickox and Warner to be by them and their successors In quallity of Committee quietly possessed and enjoyed forever without any Demand from me or my successors or by any person by my means or procurment but I and they shall be forever Debarred and Excluded therefrom by virtue of these Presents In Witness whereof I have hereunto set my hand and seal this sixth Day of March in the 4th year of the
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Reign of our Sovereign Lord George the 3d of Great Britain &c. King A. D. 1764.
Signed Sealed & Delivered In presence of
THOMAS CLARK' ESTHER CLARK
JOSEPH HOPKINS [L. S.]
New Haven County SS Waterbury the Day and Date above written
personally appeared Joseph Hopkins ye signer of the forgoing instrument and acknowledged ye same to be his free act & deed before me
THOMAS CLARK, Justice of peace.
Entered In Waterbury Decemr 9, 1764
A true record of ye Original Deed Test: THOMAS CLARK, Recorder.
March 6th, 1797 .- At an adjourned Meeting of the first Episcopal Society in Waterbury Messrs. Richard Welton, Elijah Richards, Seba Bronson & John Cossett was appointed a Committee to sell the old Church and the ground on which said church stands, Certified and signed - - -
[A 2]
JAMES SCOVIL, Societys Clerk.
To all people to whom presents shall come, Greeting :- Know Ye that we the aforesaid Committee in consequence of our appointment and in behalf of sd Society John Cossett Seba Bronson Elijah Richards & Richard Welton all of Waterbury in New Haven County & State of Connecticut for the consideration of Two Hundred and fifty Dollars in hand received to our full satisfaction of Jesse Hopkins of Waterbury aforesaid Do give grant bargain sell and confirm unto the said Grantee a certain piece of land in the first society in sd Water- bury situate at the southwest Corner of Esqr. Hopkins house lot containing about sixteen Hundred feet be it more or less the description of said land may be seen in Waterbury records book 5th page 452 reference thereunto being had said land was deeded by Messrs. John Judd and John Richardson to the Church of England so called for the purpose of building a Church house. To have and to hold the above described land with the old Church standing thereon and all other privileges thereuto belonging to him the said Grantee his heirs and Assigns forever unto his and their own proper use and behoof. And also We the Grantors do for ourselves and our successors in said capacity covenant with the said Grantee his heirs and assigns that and until the ensealing these presents we are well seized of the premises as a good indefeasable estate in fee simple and have good right to bargain and sell the same in manner and form as is above written and that the same is free of all incumbrance Whatso- ever and furthermore We the said Grantors do by these presents bind our selves and our successors in sd Capacity to warrant and defend the above granted and bargained premises to him the said grantee his heirs and assigns
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against all claims and demands whatsoever. In Witness whereof We have hereounto set our hands and seals the 23rd Day of November, A. D., 1797, signed sealed and delivered in presence of
NOAH BALDWIN JOHN KINGSBURY
] New Haven County ss. Wa- J terbury on the 23rd Day of November, A. D., 1797, per- sonally appeared Messrs. John Cossett Seba Bronson & Rich- ard Welton, signers and sealers of the within written Instru- ment and acknowledged the same to be their free act and deed, before me.
J JOHN COSSETT [SEAL]. [ SEBA BRONSON [SEAL].
RICHARD WELTON [SEAL ELIJAH RICHARDS[SEAL] .-
Rec'd to record Nov'r. 25th, 1797.
A true record Test
JOHN KINGSBURY, Reg'r JOHN KINGSBURY, Just. Peace.
New Haven County ss. Waterbury on the 24th Day of Nov'r A. D., 1797, personally appeared Mr. Elijah Richards signer & sealer of the within written instrument and acknowledged the same to be his free act and Deed- before me -
JOHN KINGSBURY Just. Peace.
From Waterbury Land Records, Volume 25, page 492.
The second piece was given by Oliver Welton when yet a minor, with approval of his guardian, John Southmayd, deed dated February 11, 1744-5.
TO ALL PEOPLE TO WHOM THESE PRESENTS SHALL COME, GREETING: Know ye that I Oliver Welton with consent of my Guardian John Southmayd both of Waterbury In the County of New Haven and Colony of Connecticut In New England for the consideration of Sixty five pound money of the old Teanour to Mee Secured to be paid by Doctor Benjamin Worner Jonathan Prindle James Brown Nathaniel Gunn Joseph Bronson and Ebenezer Worner all of Said Waterbury And professors of the Church of England Have Given Granted bargained sold Aliened and made Over unto them and their Succes- sors of the Church of England In Said Waterbury as A Gleeb for the use of the Church forEver two Acres of Land in sd Waterbury and was Originally John Welton Snr. House Lott and Is bounded to the East on Edmund Scotts House Lott to the West on the sd Southmayds House Lott. North and South on Highways which piece of land be It more or less than two Acres as It lies buted and bounded I hereby make It over unto the Sd Grantees and their Successors to ly for the Above Said use as A Gleeb for Ever. To Have and to Hold the Above Given and Granted premises with all the privil- lidges Appurtenances and Commodities thereon or there unto belonging as Glebe Land for the use and behoof of Sd Church for Ever. And I the Sd
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Oliver Welton with the Consent of my SD Gaurdian do promise and Engage to and with the Sd Grantees and their Successors that I am the Lawful owner Of the Above Granted premises and that the Same Is free from Any Other Incumberances Whatso Ever. Hereby Assuring them that they may use and Improve the Same In manner and form of Glebe Lands with out Any Let or molestation from me or my Heirs or Successors or Any Other person what so Ever. And furthermore I the Sd Oliver Welton with the Consent of my Gaurdian do Warrant the Same to the use Above Sd. Against All Claim- ers What so Ever. and we do Also promise to do What may be further Neccessary to be done for the sure making of the premises to the use above Sd Namely for Aglebe to ly for the use of Sd Church for Ever. In consider- ation hereof We Set our hands and Seals Feb. 11th 1744-5
Signed Sealed and Delivered In presence of
SAM'LL. HICKCOX. OLIVER WELTON [SEAL]
THOMAS BARNS. JNO. SOUTHMAYD Gaurdian [SEAL]
Waterbury February 11th Day A.D.1744.5 then personally Appeared the Signers and Sealers of the Foregoing Deed or writing and Acknowledged the Same to be their free Act and Deed. before me
SAM'LL. HICKCOX
Justice of peace.
Received And Entered February 11th 1744-5.
A true Record of the Original Deed.
Attest: JOHN SOUTHMAYD Recorder.
Volume 5 Page 549.
This deed he confirmed after coming of age, December 17, 1745.
To All people to whom these presents Shall Come Greeting Know ye that I Oliver Welton of Waterbury In New Haven County In Connecticut haveing formerly Given a Deed With the Consent of my Gaurdian John Southmayd of Sd Waterbury of two Acres of Land In Sd Waterbury to Several persons in Sd Waterbury for a Glebe as Appears by A Deed Lawfully Exieuted and on Record In Waterbury Records fifth Book page 549 which Deed being thought Insufficient because at the Exiuting of Sd Deed I was not of Lawful Age. Now being of Lawful Age and for the more Sure Making of the premises unto the Grantees therein Named and for the Consideration there in Mentioned do Give, Grant bargain Sel and Confirm unto them the Said Banjamin Worner Jonathan Prindle James Brown Nathaniel Gunn Joseph Bronson and Ebenezer Worner all of Sd Waterbury And professors of the Church of England In Sd Waterbury And to their Scucessors for the use of the Said Church for Ever two Acres of Land In Sd Waterbury which was Originally John Welton Ser.s House Lott and Is bounded to the East on Edmund Scotts House Lott to the West on John Southmayds House Lott North and South on Highways which two Aeres Above described be it a little more or less than two Aeres
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as It lies buted and bounded I here by Make It over unto the Above Sd Grantees and their Successors to ly for the Above Sd use as A glebe for Ever. To Have and to Hold the Above Given and Granted premises with All the privilidges Appurtenances and Commodities there on Or there unto belonging as Glebe Land to the use and behoof of Sd Church for Ever. And I the Sd Oliver Welton do Now promise to And With the Said Grantees and their Successors As Above that I am the Lawful owner of the Above Granted premises and that the Same is free of any Other Incumberance Whatso Ever Hereby Assureing them that they may now use And Improve the same In Manner and form as Above Sd without Any Let or molestation from me or my Heirs or Any Other person Whatso Ever and Furthermore I the Sd Oliver Welton do now further warrant the Same to the Said Grantees to the use Above Sd. Against All Claimers What so Ever and It must be understood that what I have now Done is only A Further Ratification and Confirmation of my Former Deed and to Make this binding to my Self and Heirs and Suc- cessors for the Sure Holding of the premises I have here unto Set my hand and Seal this 15th Day of December Anno Dom. 1745.
OLIVER WELTON, [SEAL.]
Signed Sealed and Delivered in presence of
JNO. SOUTHMAYD. THOMAS WELTON.
) Connecticut ss. Waterbury In N. Haven ) County on the Day and Date Above then ) personally Appeared Oliver Welton that ) Signed and Sealed the Above Written ) Deed and Acknowledged the Same to be
Received and Entered December ) his free act and Deed Coram. 15th, 1745. ) JOHN SOUTHMAYD )
A true Record of the Original
Deed. Test. Jno. Southmayd Recorder.
Justice of Peace.
Volume 6 Page 60.
This land was about where the house of the late Franklin L. Curtiss stands and probably a part of Mrs. Partree's lot, was eight rods front on West Main Street and ran through to Grand Street and was estimated at about two acres. March 25, 1747, this land was conveyed by the committee to whom it had been deeded (together with three other pieces) to the Society for the Propagation of the Gospel in Foreign Parts. At first I was puzzled by this trust to the S. P. G., but I find that Blackstone says, Vol. II, p. 337, after having spoken of various modifications of the law of trusts, and of the Statute of uses: "The trustee is considered as merely the instrument of conveyance and can in no shape affect the estate unless by alienation for a valuable
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consideration to a purchaser without notice, which, as the cestui que use is generally in possession of the land is a thing that can rarely happen" So that it would seem that the English law would pass even the legal title to the rector so soon as he was instituted, and by a statute passed in 1784 this particular sort of trust seems to have been fully provided for so that there seems no question as to the rights of the Society to convey.
This piece with a tract of some six acres subsequently ac- quired, was leased by a Committee of St. John's Parish, April 19, 1804, for 990 years to Justus Warner.
This is the Statue of 1784.
ESTATES GIVEN FOR THE SUPPORT OF MINISTRY, HOW TO BE IMPROVED.
THEREFORE, Be it further enacted by the Authority aforesaid, That where there are any Lands, Monies, or other estates granted, given or sequestered, according to ancient Custom, Usage or Practice, or shall hereafter be given, granted or sequestered for the Use and Support of such ministry in any Town or Society in this State, then and in every such Case, the Selectmen for the Time being, of such Town where there is but one Ecclesiastical Society; and the Committees for the Time being, of such Ecclesiastical Societies; as have been, or shall be Constituted by this Assembly: or a Committee appointed by such Town or Society, (which Committee they are hereby respectively impowered to that End to appoint) shall have Full Power and Authority to demand, recover, receive, take care of, and Improve all such Lands, Monies, or other Estates, to, and for the Use and Support of such Ministry settled in such Town or Society, which they respectively represent according to the true Meaning, Intent and Design in such Grants, donations, or Sequestrations contained; and for their improvement thereof, and of the Increase, Profits and Interests thereof to be accountable from Time to Time in such Town or Society as they respect- ively represent.
The third piece is of seventeen and one-half acres in the Park, from Jonathan and Daniel Scott, March 6, 1744-5. This was deeded with the others to the S. P. G. and still remains in pos- session of the Parish.
To all Christian people to whom these presents shall Come, Greeting:
Know ye that We Benjamin Warner, James Brown Nathaniel Gunn Jona- than Prindle Joseph Brounson and Ebenezer Warner all of Waterbury In the County of New Haven and Colony of Connecticut In New England for and In
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HISTORY OF ST. JOHN'S CHURCH.
Consideration of the sum of Seven Hundred pound old tenour money of the Colony of Connecticut well and truly paid by Richard Welton and Sundry Other persons who are professors of the Church of England the Recopt where of We do hereby Acknewledge and are there with fully Satisfied and Con- tented Have and do by these presents with the advice and Concurrence of the Rest of our Neighbours Here in Concerned all professors of the Church of Eng- land do hereby Give and Grant the following peices and Parcels of Land here After Expressed Intending the Same for the first Glebe Lands to Endow A Certain Parrish Church In the Town ship of sd Waterbury Erecting and Carry- ing on for the better Accomplishing the Endeavours Afore sd In great reverence and Regard to the Church of England as Established by Law and her Excellent Doctrine Service Unity and Order preferable to Any Other upon Earth for the Honour of God the Surest peace and Comfort of our selves, Neighbours and Posterity, Have founded the parrish Church Aforesaid for the use Aforesaid, and for the Endowment there of do by these presents freely Give Grant Convey and Confirm unto the Society for Propagating the Gospel In Foreign parts the following peices and Parcels of Land and buildings all lying in Said Water- bury that is to say, Two Acres of Land In said Waterbury with A house and fruit trees upon it bounded North and South on Highways West on John Southinayds House Lott and East on Edmund Scott deceased His House Lott, and Six Acres and three Quarters North of the Town bounded South on Eben- ezer Brounsons Land North on John Southmayd Land west on the Highway by the Common Fence East on Jno Judds Land also Nine acres and fifty Eight Rods of Land on the West Side of the River a record of which peice of Land may be seen In Waterbury Records 3d book page 326 Also seven teen Acres and half of Land In Said Waterbury on the West Side of the River Laid out February 15th, 1721, and Entred In Waterbury Records First Book page 361, where the Land is fully Described which severall peices of Land with the House and All other Appurtenances thereunto belonging we the Above Grantors do hereby make It over to Said Society and their successors for Ever but In trust and for the Special Intrest and purpose hereafter mentioned, to say as soon as there Shall be A Rector according to the order of the Church of England by Law Established Instituted and Inducted the premises shall be and Enure to the use of Such Rector In Cumbent and his Successors as the Glebe Lands of the Said Church In Fee Simple for Ever In Confirinatcion of the Within given and granted premises we the within grantors have hereunto Set our liands and Seals the twenty fifth day of March In the 20th year of the Reign of our Soveraign Lord George the Second of great brittain &c. King Anno Domini 1747.
JAMES BROWN [SEAL] JOSEPH BROUNSON [SEAL] EBENEZER WARNER [SEAL] Signed Sealed and Delivered In prence of Jno Southmayd Melicent Southmayd
NATHALL GUNN [SEAL] JONATHAN PRINDLE [SEAL]
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Received and Entred Aprill 18 1747 A true Record of the Original deed Test: JNO SOUTHMAYD Recorder. Connecticut ss. Waterby In N Haven County on the day and date Above then personally appeared Measures James Brown Nathll Gunn Joseph Brounson and Jonathan Prindle and on the 18th day of Aprill 1747 then Appeared Mr. Ebenezer Warner the Above Signers and Sealers and Acknowledged the Same to be their free Act and deed Coram Jno Southmayd Justice of peace. from Waterbury Land Records Volume 6, page 195.
The fourth and fifth pieces are six and three-quarters acres on the east side of North Willow Street and nine acres, fifty- eight rods lying west of the old town plot lots; the first being given by John Judd and the second by Thomas Barns, but both in the same deed, dated April 19, 1745.
JOHN JUDD AND THOMAS BARNS DEED.
Vol. 6 p 4, Apr 19, 1745. John Judd and Thomas Barns, in consideration of £21 to Judd & £28 to Barns Old tenor to Benjamin Warner, Joseph Bronson and Jonathan Prindle and to their successors professors of the Church of England in said Waterbury as a glebe for use the of sd church in said place for ever, two pieces of land in said Waterbury in the following manner, John Judd 6 acres & 3 qrs. lying north of the town by the highway that goes by the Common fence and lies above Ebenezer Bronsons and to be taken off the north end so as to make 62 acres and bounded South on Mr. Ebenezer Bronsons land, west on highway, North on Mr. John Southmayds land and East on my own land and by Thomas Barns 9 a & 58 rods W of the river.
Both these parcels were included in the deed to the S. P. G.
The nine acres and fifty-eight rods was leased by a committee of the Society to Reuben Adams for nine hundred and ninety years, April 19, 1784.
This Indenture or lease made & executed by and between Richard Welton John Clark and Obadiah Warner Committee of the first Episcopal Society in the town of Waterbury in New Haven County for and in behalf of sd Society of the one part and Reuben Addams of said Waterbury of the other part Wit- nesseth That the said Richard Welton John Clark and Obadiah Warner in capacity of Committee as aforesaid do for the consideration of Two hundred Dollars recd to their full satisfaction of the sd Reuben Addams lease out and to farm let unto the said Reuben Addams and unto his heirs for the term of Nine Hundred and ninety Years from the date hereof one certain piece of land situate in said Waterbury first Society a little Eastward from George Prichards
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dwelling house containing Nine acres be it more or less Butted northwardly and westwardly on highway southwardly on Timothy Clark in part and partly on David Clarks land and Eastwardly on David Clarks land in part and a small distance on David Prichards land. To have & to hold the above letten and leased premises with all the priviledges and appurtenances belonging to said leased premises for and during sd term of nine hundred and ninety years; the sd Lessee taking to himself all the Cropps profits and Emoluments arising from the sd Letten premises during sd term having hereby granted him by sd Lessors full power and authority to use occupy possess and enjoy sd Letten premises and also to improve the same as he shall see fit without any molestation hinderance or impediment from sd Lessors or from sd Episcopal Society during sd term. In Witness where of We have hereunto set our hand and affixed our seals this 19th day of April A. D. 1784.
In presence of ELI CLARK JOHN KINGSBURY
RICHARD WELTON [SEAL] JOHN CLARK [SEAL] OBADIAH WARNER [SEAL]
New Haven County ss. Waterbury April 19th 1804 personally appeared Messrs. Richard Welton John Clark & Obadiah Warner signers and sealers of the foregoing Instrument and acknowledged the same to be their free act & deed before me.
JOHN KINGSBURY, Just Peace.
Recd. April 19th 1804 A true record attest
JOHN KINGSBURY, Regr. from Waterbury Land Records Volume 28, page 450.
The six and three-quarters acres were sold by permission of the Legislature under a vote of the parish in 1897 to Frederick B. Rice and George H. Clowes.
Rev. Seth Hart while rector purchased about six acres of land extending from the east line of Church Street or thereabouts to the east line of the old rectory lot (Oliver Welton's). When Mr. Hart left, this tract was purchased by Justus Warner and Levi Beardsley.
May 18, 1795, Justus Warner and Levi Beardsley convey to seventy-four persons this land. These persons were probably members of a so-called Episcopal Company, which seems to have been a voluntary organization having a constitution and by-laws, as appears from their deed which is given the same day (May 18, 1795), to the wardens and principal members of the church and Episcopal Society, of this same property, reserving to themselves the use or interest.
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Nothing more appears on the records in regard to this Episco- pal Company, but I imagine that it was an association formed for the purpose of taking Mr. Hart's property for the benefit of the parish, but in some way dividing the expense among the members of the parish and keeping control of the income until the matter was settled.
To all People to whom these Presents Shall come, GREETING :- Know Ye that We Justus Warner and Levi Beardsley of Waterbury in the County of New Haven and State of Connecticut for the consideration of Two Hundred and Seventy Pounds lawful Money received to our full satisfaction of Messrs. John Welton Ard Welton Titus Welton Hezekiah Welton Benjamin Welton Ephraim Warner Justus Warner Richard Welton Richard F. Welton Mark Warner Eliakim Welton Jun. Josiah Warner Lemuel Welton Ard Warner Richard Welton Junr. Eben Welton Eliakim Welton 3rd John Worthington Obadiah Warner David Warner Junr. Thomas Wiard Benjamin Benham Isaac Benham Levi Beardsley Joseph Bronson Obed Bartholomew Gad Bartholomew Shadrach Benham Salmon Brown Elias Brown Noah Brown Benjamin Benham Junr. Widow Mary Bronson John Nichols Simeon Nichols James Nichols Samme Nichols Eleazer Tompkins Hezekiah Todd Joseph Terrill Philip Tompkins Bethuel Todd Preserv'd Porter Reuben Prichard Amos Prichard Jun David Porter Ezra Pierpont Benjamin Prichard Timothy Porter John Cosset John Clark James Scovill Zebulon Scott Simeon Scott Justus Scott Joel Hickcox Jesse Hickcox Jonathan Hughes Abraham Heacox Caleb Munson Nathaniel Merrills Samuel Frost Elijah F Merrills Edmund Austin Cornelius Johnson Junr. Herman Munson William Adams & Nathaniel Selkrig all of the Town County and State aforesaid-Do give Grant Bargain Sell and confirm unto the above said Grantees and unto their Heirs & Assigns forever a certain piece or parcel of land lying a little South- westward from the meeting house in said Waterbury being lately occupied by the Revd. Seth Hart containing by estimation about six acres be the same more or less butted and bounded as follows North and South on Highway. West on the ancient Glebe so called and East on the land of Israel Holmes together with a house and barn Standing thereon
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