Lowell Cemetery deeds by year, 1851-1864 , Part 11

Author: Proprietors of the Lowell Cemetery
Publication date: 1851
Publisher:
Number of Pages: 298


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To have and to hold the aforegranted premises unto the said Gran and his heirs and assigns forever ; subject however, to the conditions and limitations, and with the privileges following, to wit : -


First - That the proprietor of said lot shall have the right to enclose the same with a wall or fence, not exceeding one foot in thickness, which may be placed on the adjoining land of the Corporation, exterior to the said lot.


Second - The said lot of land shall not be used for any other purpose than as a place of burial for the dead; and no trees within the lot or border shall be cut down or destroyed without the consent of the Trustees of the Corporation.


Third - That the proprietor of said lot shall have the right to erect Stones, Monuments or Sepulchral structures, and to cultivate trees, shrubs and plants in the same.


Fourth - That the proprietor of said lot of land shall keep in repair at his or her own expense, the landmarks of the same, which shall be erected by the Corporation.


Fifth - That if the landmarks and boundaries of the said lots shall be effaced, so that the said lot cannot with reasonable diligence be found and identified, or if any conflicting claims shall arise between claimants, under deeds niade according to any plan adopted by the Proprietors, the Trustees for the time being may equitably settle the same, or the said Trustees shall set off to the said grantee hi, heirs and assigns a lot in lieu thereof, in such part of the Cemetery as they shall see fit, and the lot hereby granted shall in such case revert to the Corporation.


Sixth - That if any trees or shrubs situated in said lot of land, shall by means of their roots, branches or otherwise, become detrimental to the adjacent lots or avenues, or dangerous or inconvenient to passengers, it shall be the duty of said Trustees for the time being, and they shall have the right, to enter into the said lot and remove the said trees or shrubs, or such parts thereof as are thus detrimental, dangerous or inconvenient.


Seventh - That if any Monument or any structure whatsoever, or any inscription be placed in, or upon the said lot which shall be determined by the major part of the Trustees for the time being to be offensive or improper, the said Trustees, or the major part of them, shall have the right, and it shall be their duty, to enter upon said land and remove the same.


Eighth - That no assessment of any description shall ever be laid by said Corporation upon said lot.


Ninth - That the Trustees may deed to the city of Lowell such portion of the Cemetery not exceeding five acres, as they may deem advisable, upon the payment of such sum of money as may be agreed upon by them and the city authorities, to be appropriated with all other receipts to the general improvement and care of the Cemetery.


Tenth - The said lot of land shall be holden subject to the provisions contained in an act of the General Court, dated January 23, 1841, and entitled " An Act to incorporate the Proprietors of the Lowell Cemetery."


And the said Proprietors of the Lowell Cemetery do hereby covenant to and with the said and his heirs and assigns that they are lawfully seized of the afore- granted premises, and of the ways leading to the same from the highway in fee simple; that they are free from all incumbrances ; that the said Corporation have a right to sell and convey the said premises to the said Evans for the purposes above expressed ; and that they will warrant and defend the same unto the said Crimes and his heirs and assigns forever.


IN TESTIMONY WHEREOF, the said Proprietors of the Lowell Cemetery have caused this instrument to be signed by their President and Clerk, and their Common Seal to be hereto affixed, the Feny second day of July - in the year of our Lord one thousand eight hundred and fifty from


Oliver Munhipfile President.


Clerk.


1841


E RAISED


DEAD


SHALL


Executed and delivered in presence of


Merkjeuner


fifty dollars dollars paid to them by dauph Crans


No. 823


linow all Men by these Presents, That the Proprietors


of the LOWELL CEMETERY, in consideration of Thirty five dollars paid to them by Benjamin HY Penhallow of Lunch the receipt of which is hereby acknowledged, do give, grant, bargain, sell and convey to the said Penhalion and his heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated the way called Herrand avenue


mong and numbered Eight hundred mentthree on the plan of said Cemetery, drawn by Butterfield & Clark, which plan is in the possession of said Corporation, for inspection by the said grantee his heirs and assigns at all seasonable times. The said lot of land containing Three hundred superficial square feet.


To have and to hold the aforegranted premises unto the said Perhallo and his heirs and assigns forever ; subject however, to the conditions and limitations, and with the privileges following, to wit : -


First- That the proprietor of said lot shall have the right to enclose the same with a wall or fence, not exceeding one foot in thickness, which may be placed on the adjoining land of the Corporation, exterior to the said lot.


Second - The said lot of land shall not be used for any other purpose than as a place of burial for the dead; and no trees within the lot or border shall be cut down or destroyed without the consent of the Trustees of the Corporation.


Third - That the proprietor of said lot shall have the right to erect Stones, Monuments or Sepulchral structures, and to cultivate trees, shrubs and plants in the same.


Fourth - That the proprietor of said lot of land shall keep in repair at his or her own expense, the landmarks of the same, which shall be erected by the Corporation.


Fifth -That if the landmarks and boundaries of the said lots shall be effaced, so that the said lot cannot with reasonable diligence be found and identified, or if any conflicting claims shall arise between claimants, under deeds made according to any plan adopted by the Proprietors, the Trustees for the time being may equitably settle the same, or the said Trustees shall set off to the said grantee This heirs and assigns a lot in lieu thereof, in such part of the Cemetery as they shall see fit, and the lot hereby granted shall in such case revert to the Corporation.


Sixth - That if any trees or shrubs situated in said lot of land, shall by means of their roots, branches or otherwise, become detrimental to the adjacent lots or avenues, or dangerous or inconvenient to passengers, it shall be the duty of said Trustees for the time being, and they shall have the right, to enter into the said lot and remove the said trees or shrubs, or such parts thereof as are thus detrimental, dangerous or inconvenient.


Seventh - That if any Monument or any structure whatsoever, or any inscription be placed in, or upon the said lot which shall be determined by the major part of the Trustees for the time being to be offensive or improper, the said Trustees, or the major part of them, shall have the right, and it shall be their duty, to enter upon said land and remove the same.


Eighth - That no assessment of any description shall ever be laid by said Corporation upon said lot.


Ninth - That the Trustees may deed to the city of Lowell such portion of the Cemetery not exceeding five acres, as they may deem advisable, upon the payment of such sum of money as may be agreed upon by them and the city authorities, to be appropriated with all other receipts to the general improvement and care of the Cemetery.


Tenth - The said lot of land shall be holden subject to the provisions contained in an act of the General Court, dated January 23, 1841, and entitled " An Act to incorporate the Proprietors of the Lowell Cemetery."


And the said Proprietors of the Lowell Cemetery do hereby covenant to and with the said Pawhallow and has heirs and assigns that they are lawfully seized of the afore- granted premises, and of the ways leading to the same from the highway in fee simple; that they are free from all incumbrances ; that the said Corporation have a right to sell and convey the said premises to the said Penhallow for the purposes above expressed ; and that they will warrant and defend the same unto the said Penhallow and his heirs and assigns forever.


IN TESTIMONY WHEREOF, the said Proprietors of the Lowell Cemetery have caused this instrument to be signed by their President and Clerk, and their Common Seal to be hereto affixed, the telu to day of august in the year of our Lord one thousand eight hundred and fifty four


ER


1841


RA


Ohio In Whipple President.


Clerk.


Executed and delivered in presence of


O. mentino


No. 1159.


Know all Men by these Presents, That the Proprietors


of the LOWELL CEMETERY, in consideration cf Thirty Five dollars paid to them by EventHiram CHure of Lowell the reccipt of which is hereby acknowledged, do give, grant, bargain, sell and convey to the said I ben Mienne and then heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Part number Fifty nine and numbercd


Sevenhundred fifty mine on the plan of said Cemetery, drawn by Butterfield & Clark, which plan is in the possession of said Corporation, for inspection by the said grantce / Then heirs and assigns at all seasonable times. The said lot of land containing Three hundred. superficial square feet.


To have and to hold the aforegranted premises unto the said Then Miriam & and Their heirs and assigns forever ; subject however, to the conditions and limitations, and with the privileges following, to wit : -


First - That the proprietor of said lot shall have the right to enclose the same with a wall or fence, not exceeding one foot in thickness, which may be placed on the adjoining land of the Corporation, exterior to the said lot.


Second - The said lot of land shall not be used for any other purpose than as a place of burial for the dead; and no trees within the lot or border shall be cut down or destroyed without the consent of the Trustees of the Corporation ..


Third - That the proprietor of said lot shall have the right to erect Stones, Monuments or Sepulchral structures, and to cultivate trees, shrubs and plants in the same.


Fourth - That the proprietor of said lot of land shall keep in repair at his or her own expense, the landmarks of the same, which shall be erected by the Corporation.


Fifth - That if the landmarks and boundaries of the said lots shall be effaced, so that the said lot cannot with reasonable diligence be found and identified, or if any conflicting claims shall arise between claimants, under deeds made according to any plan adopted by the Proprietors, the Trustees for the time being may equitably settle the same, or the said Trustees shall set off to the said grantee The heirs and assigns a lot in lieu thereof, in such part of the Cemetery as they shall see fit, and the lot hereby granted shall in such case revert to the Corporation.


Sixth - That if any trees or shrubs situated in said lot of land, shall by means of their roots, branches or otherwise, become detrimental to the adjacent lots or avenues, or dangerous or inconvenient to passengers, it shall be the duty of said Trustees for the time being, and they shall have the right, to enter into the said lot and remove the said trees or shrubs, or such parts thereof as are thus detrimental, dangerous or 'inconvenient.


Seventh - That if any Monument or any structure whatsoever, or any inscription be placed in, or upon the said lot which shall be determined by the major part of the Trustees for the time being to be offensive or improper, the said Trustees, or the major part of them, shall have the right, and it shall be their duty, to enter upon said land and remove the same.


Eighth - That no assessment of any description shall ever be laid by said Corporation upon said lot.


Ninth - That the Trustees may deed to the city of Lowell such portion of the Cemetery not exceeding five acres, as they may deem advisable, upon the payment of such sum of money as may be agreed upon by them and the city authorities, to be appropriated with all other receipts to the general improvement and care of the Cemetery.


Tenth - The said lot of land shall be holden subject to the provisions contained in an aet of the General Court, dated January 23, 1841, and entitled " An Act to incorporate the Proprietors of the Lowell Cemetery."


And the said Proprietors of the Lowell Cemetery do hereby covenant to and with the said Eben Menin & and their heirs and assigns that they are lawfully seized of the afore- granted premises, and of the ways leading to the same from the highway in fee simple; that they are free from all incumbrances ; that the said Corporation have a right to sell and convey the said premises to the said for the purposes above expressed ; and that they will warrant and defend the same unto the said Chen Herain & and Then heirs and assigns forever.


IN TESTIMONY WHEREOF, the said Proprietors of the Lowell Cemetery have caused this instrument to be signed by their President and Clerk, and their Common Seal to be hereto affixed, the Irenty I ix the day of august in the year of our Lord one thousand eight hundred and Fifty four Ohie MWhipple President.


CEMET


LOWEL)


1841


HE


RAISED


DEAD


RE


SHALL


Clerk.


Executed and delivered in presence of


Mertfearn


No. 882


Hinow all Men by these Presents, That the Proprietors


of the LOWELL CEMETERY, in consideration cf Thirty Five dollars paid to them by Soaac Obuild of Lowell) the receipt of which is hereby acknowledged, do give, grant, bargain, sell and convey to the said Guild and fl heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Harrard avenue and numbered Eight hundred Eighty tro on the plan of said Cemetery, drawn by Butterfield & Clark, which plan is in the possession of said Corporation, for inspection by the said grantee The heirs and assigns at all seasonable times. The said lot of land containing Threehundred - superficial square feet.


To have and to hold the aforegranted premises unto the said Guild, and his - heirs and assigns forever ; subject however, to the conditions and limitations, and with the privileges following, to wit : -


First-That the proprietor of said lot shall have the right to enclose the same with a wall or fence, not exceeding one foot in thickness, which may be placed on the adjoining land of the Corporation, exterior to the said lot.


Second - The said lot of land shall not be used for any other purpose than as a place of burial for the dead; and no trees within the lot or border shall be cut down or destroyed without the consent of the Trustees of the Corporation.


Third - That the proprietor of said lot shall have the right to erect Stones, Monuments or Sepulchral structures, and to cultivate trees, shrubs and plants in the same.


Fourth - That the proprietor of said lot of land shall keep in repair at his or her own expense, the landmarks of the same, which shall be erected by the Corporation.


Fifth - That if the landmarks and boundaries of the said lots shall be effaced, so that the said lot cannot with reasonable diligence be found and identified, or if any conflicting claims shall arise between claimants, under deeds made according to any plan adopted by the Proprietors, the Trustees for the time being may equitably settle the same, or the said Trustees shall set off to the said grantee yh, heirs and assigns a lot in lieu thereof, in such part of the Cemetery as they shall see fit, and the lot hereby granted shall in such case revert to the Corporation.


Sixth - That if any trees or shrubs situated in said lot of land, shall by means of their roots, branches or otherwise, become detrimental to the adjacent lots or avenues, or dangerous or inconvenient to passengers, it shall be the duty of said Trustees for the time being, and they shall have the right, to enter into the said lot and remove the said trees or shrubs, or such parts thereof as are thus detrimental, dangerous or. inconvenient.


Seventh - That if any Monument or any structure whatsoever, or any inscription be placed in, or upon the said lot which shall be determined by the major part of the Trustees for the time being to be offensive or improper, the said Trustees, or the major part of them, shall have the right, and it shall be their duty, to enter upon said land and remove the same.


Eighth - That no assessment of any description shall ever be laid by said Corporation upon said lot.


Ninth - That the Trustees may deed to the city of Lowell such portion of the Cemetery not exceeding five acres, as they may deem advisable, upon the payment of such sum of money as may be agreed upon by them and the city authorities, to be appropriated with all other receipts to the general improvement and care of the Cemetery.


Tenth - The said lot of land shall be holden subject to the provisions contained in an act of the General Court, dated January 23, 1841, and entitled " An Act to incorporate the Proprietors of the Lowell Cemetery."


And the said Proprietors of the Lowell Cemetery do hereby covenant to and with the said Build and his -- heirs and assigns that they are lawfully seized of the afore- granted premises, and of the ways leading to the same from the highway in fee simple; that they are free from all incumbrances ; that the said Corporation have a right to sell and convey the said premises to the said Guild for the purposes above expressed ; and that they will warrant and defend the same unto the said Muito ano-tris heirs and assigns forever.


IN TESTIMONY WHEREOF, the said Proprietors of the Lowell Cemetery have caused this instrument to be signed by their President and Clerk, and their Common Seal to be hereto affixed, the Frenty Lixthe day of august in the year of our Lord one thousand eight hundred and Fifty four -


Oliver Mu Whipple President.


_ Clerk.


1841


DEAD


Executed and delivered in presence of


Sendfears


No. 1486


Know all Men by these Presents, That the Proprietors


of the LOWELL CEMETERY, in consideration cf Thirty Five dollars paid to them by Thomas nes mitto of Lowell the receipt of which is hereby acknowledged, do give, grant, bargain, sell and convey to the said Vermitt and We heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Patto number tiry three and numbered Frontier hundred Eighty Six on the plan of said Cemetery, drawn by Butterfield & Clark, which plan is in the possession of said Corporation, for inspection by the said grantee he's heirs and assigns at all seasonable times. The said lot of land containing Three hundred superficial square feet.


To have and to hold the aforegranted premises unto the said Nerwith andhis heirs and assigns forever ; subject however, to the conditions and limitations, and with the privileges following, to wit : -


First - That the proprietor of said lot shall have the right to enclose the same with a wall or fence, not exceeding one foot in thickness, which may be placed on the adjoining land of the Corporation, exterior to the said lot.


Second - The said lot of land shall not be used for any other purpose than as a place of burial for the dead; and no trces within the lot or border shall be cut down or destroyed without the consent of the Trustees of the Corporation.


Third - That the proprietor of said lot shall have the right to erect Stones, Monuments or Sepulchral structures, and to cultivate trees, shrubs and plants in the same.


Fourth - That the proprietor of said lot of land shall keep in repair at his or her own expense, the landmarks of the same, which shall be erected by the Corporation.


Fifth - That if the landmarks and boundaries of the said lots shall be effaced, so that the said lot cannot with reasonable diligence be found and identified, or if any conflicting claims shall arise between claimants, under deeds made according to any plan adopted by the Proprietors, the Trustees for the time being may equitably settle the same, or the said Trustees shall set off to the said grantee This heirs and assigns a lot in lieu thereof, in such part of the Cemetery as they shall see fit, and the lot hereby granted shall in such case revert to the Corporation.


Sixth - That if any trees or shrubs situated in said lot of land, shall by means of their roots, branches or otherwise, become detrimental to the adjacent lots or avenues, or dangerous or inconvenient to passengers, it shall be the duty of said Trustees for the time being, and they shall have the right, to enter into the said lot and remove the said trees or shrubs, or such parts thereof as are thus detrimental, dangerous or inconvenient.


Seventh - That if any Monument or any structure whatsoever, or any inscription be placed in, or upon the said lot which shall be determined by the major part of the Trustees for the time being to be offensive or improper, the said Trustees, or the major part of them, shall have the right, and it shall be their duty, to enter upon said land and remove the same.


Eighth - That no assessment of any description shall ever be laid by said Corporation upon said lot.


Ninth - That the Trustees may deed to the city of Lowell such portion of the Cemetery not exceeding five acres, as they may deem advisable, upon the payment of such sum of money as may be agreed upon by them and the city authorities, to be appropriated with all other receipts to the general improvement and care of the Cemetery.


Tenth - The said lot of land shall be holden subject to the provisions contained in an act of the General Court, dated January 23, 1841, and entitled " An Act to incorporate the Proprietors of the Lowell Cemetery."


And the said Proprietors of the Lowell Cemetery do hereby covenant to and with the said Nermitt auv his heirs and assigns that they are lawfully seized of the afore- granted premises, and of the ways leading to the same from the highway in fee simple; that they are free from all incumbrances ; that the said Corporation have a right to sell and convey the said premises to the said Nes mith for the purposes above expressed; and that they will warrant and defend the same unto the said Nesmith and his heirs and assigns forever.


IN TESTIMONY WHEREOF, the said Proprietors of the Lowell Cemetery have caused this instrument to be signed by their President and Clerk, and their Common Seal to be hereto affixed, the Eighteenth day of in the year of our Lord one thousand


eight hundred and


fifty form


ER


1841


HE


ISIV


DEAD


BE


SH


Hely


Chin mWhiple President.


John Flores Clerk.


Executed and delivered in presence of


a. Mentino


No. 1689


Know all Men by these Presents, That the Proprietors


of the LOWELL CEMETERY, in consideration of thirty Five dollars paid to them by of Lowell the receipt


of which is hereby acknowledged, do give, grant, bargain, sell and convey to the said Jameson and hev heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Washington avenue and numbered Suiteen hundred Eighty mine on the plan of said Cemetery, drawn by Butterfield & Clark, which plan is in the possession of said Corporation, for inspection by the said grantee The heirs and assigns at all seasonable times. The said lot of land containing Three hundred - superficial square feet.


To have and to hold the aforegranted premises unto the said Jameson auther - heirs and assigns forever ; subject however, to the conditions and limitations, and with the privileges following, to wit : -


First- That the proprietor of said lot shall have the right to enclose the same with a wall or fence, not exceeding one foot in thickness, which may be placed on the adjoining land of the Corporation, exterior to the said lot.


Second - The said lot of land shall not be used for any other purpose than as a place of burial for the dead; and no trees within the lot or border shall be cut down or destroyed without the consent of the Trustees of the Corporation.


Third - That the proprietor of said lot shall have the right to erect Stones, Monuments or Sepulchral structures, and to cultivate trees, shrubs and plants in the same.


Fourth - That the proprietor of said lot of land shall keep in repair at his or her own expense, the landmarks of the same, which shall be erected by the Corporation.


Fifth - That if the landmarks and boundaries of the said lots shall be effaced, so that the said lot cannot with reasonable diligence be found and identified, or if any conflicting claims shall arise between claimants, under deeds made according to any plan adopted by the Proprietors, the Trustees for the time being may equitably settle the same, or the said Trustees shall set off to the said grantee the heirs and assigns a lot in lieu thereof, in such part of the Cemetery as they shall see fit, and the lot hereby granted shall in such case revert to the Corporation.


Sixth - That if any trees or shrubs situated in said lot of land, shall by means of their roots, branches or otherwise, become detrimental to the adjacent lots or avenues, or dangerous or inconvenient to passengers, it shall be the duty of said Trustees for the time being, and they shall have the right, to enter into the said lot and remove the said trees or shrubs, or such parts thereof as are thus detr.mental, dangerous or inconvenient.




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