USA > Massachusetts > Middlesex County > Lowell > Lowell Cemetery deeds by year, 1851-1864 > Part 21
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situated on the way called
To have and to hold the aforegranted premises unto the said Neat 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 I his 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 Neal 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 Neal for the purposes above expressed ; and that they will warrant and defend the same unto the said Neul andhis 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 Eighteenthy day of in the year of our Lord one thousand eight hundred and fifty Jeven april
Olive M Whipple President.
ER
1841
RAISED
DEAD
John & Verga, Clerk.
Executed and delivered in presence of Om Williams
No. 8.73.
linow all Men by these Presents, That the Proprietors
of the LOWELL CEMETERY, in consideration of Thirty time dollars paid to them by In Elizabeth Lesers of Lomalo the receipt of which is hereby acknowledged, do give, grant, bargain, sell and convey to the said Elizabeth and ha heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Path Nininha ten and numbered Eight hundred deronly Three on the plan of said Cemetery, drawn by Butterfield & Clark, winch plan is in the possession of said Corporation, for inspection by the said grantce 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 Elizabeth and her 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 Trustecs 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 sainc.
Fourth - That the proprietor of said lot of land shall keep in repair at his or her own expense, the landinarks of the same, which shall be crccted by the Corporation.
Fifth - That if the landmarks and boundaries of the said lots shall be effaccd, 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 & her 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 trces 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 samc.
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 Elizabeth and her heirs and assigns that they are lawfully seized of tlie afore- granted premises, and of the ways leading to the same from the highway in fec 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 Elisabeth for the purposes above expressed ; and that they will warrant and defend the same unto the said this whenthe auther 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 day of fuit in the year of our Lord one thousand
eight hundred and
Fifty lever
May
president.
Clerk.
1841
DEAD
Executed and delivered in presence of
No. 1/88
Know all Men by these Presents, That the Proprietors
of the LOWELL CEMETERY, in consideration cf 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 Wheeler and his heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Markingten avenue and numbered
Sistew hundred Eighty Eight. on the plan of said Cemetery, drawn by Butterfield & Clark, which plan is in the possession of said Corporation, for inspection by the sajd 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 Wheeler 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 sce 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 . Wheeler auch 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 wheeler for the purposes above expressed ; and that they will warrant and defend the same unto the said
wheeler andhis 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 day of in the year of our Lord one thousand eight hundred and fifty zeven _ May
LL
1841
RAISE
DEAD
RE
BHALL
Chiant Whiff President.
Clerk.
Executed and delivered in presence of
CC Hutchinson
Tinow all Alen by these Presents, That the Proprietors
of the LOWELL CEMETERY, in consideration of dollars paid to them by Werden Maphronia anyer of Loreto the receipt of which is hereby acknowledged, do give, grant, bargain, sell and convey to the said Dannyero and the's heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called
near Washington avenue and numbered
Fine hundreder 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 swhen heirs and assigns at all seasonable times. The said lot of land containing One hundred superficial square feet.
'To have and to hold the aforegranted premises unto the said Sawyers ochén 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 che. .. E.r .ame with a wall or fence, not exceeding one foot in thickness, which may be placed on the adjoining land of the Corpordien, exterior to the said lot.
Second - The said lot of land shall not be used for any other purp ve than as a place of burial for thic 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 sanie.
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 crected by the Corporation.
Fifth - That if the landmarks and boundaries of the said lots shall be effaccd, so that the said lot cannot with reasonable diligenee 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 & other heirs and assigns a lot in heu thereof, in such part of the Cemetery as they shall see fit, and the hut 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, Lecome 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 detrime nal, dangerous or inconvenient.
Seventh - That if any Monument or any structure whatsoever, or any in cription 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 Sanyoi + Then 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 ineunibrances ; that the said Corporation have a right to sell and convey the said premises to the said Sawyers for the purposes above expressed ; and that they will warrant and defend the same unto the said Sawyers Their 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 Eleven thu day of in the year of our Lord one thousand eight hundred and fifty levew
Olivie Me Ahafifle president.
.Clerk.
1841
ISE
BE
Executed and delivered in presence of
No. 201.
Know all Men by these Presents, That the Proprietors
of the LOWELL CEMETERY, in consideration cf Nero Caroline B Vatnun, Joseph B Varnun, Jahn De Varrund, Moses & Hove
Benjaminv & Varnunv .. the receipt of which is hereby acknowledged, do give, grant, bargain, sell and convey to the said Varnume Home >Som and thew 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 Traunder ono on the plan of said Cemetery, drawn by Butterfield & Clark, which plan is in the possession of said Corporation, for inspection by the said grantees When heirs and assigns at all seasonable times. The said lot of land containing Dif hundred superficial square feet.
To have and to hold the aforegranted premises unto the said Varnuma Home Moramo There 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 & there 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 Varnum, Have grown & there 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 Varummy, Home Mormint for the purposes above expressed ; and that they will warrant and defend the same unto the said Varums, Imer forum Where 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 Eighth May day of in the year of our Lord one thousand eight hundred and Fifty leven
110
ER
1841
HE
ISI
DEAD
& RAI
SHALL
Executed and delivered in presence of
OC Hutchinson
President.
John Plages Clerk.
Onehundred dollars paid to them by Henry c Varnow, George W Varnum
No.572
finow all Alen bn these Presents, That the Proprietors of the LOWELL CEMETERY, in consideration of Onehundred dollars paid to them by James Mcadoraoft Jom Suldiff of Korrels the receipt
of which is hereby acknowledged, do give, grant, bargain, sell and convey to the said Dann dahil and the heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated of the way called
mead Harlington avenne and numbered
Five hundred Thethe 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 & #~ heirs and assigns at all seasonable times. The said lot of land containing The hundreds superficial square feet.
To have and to hold the aforegranted premises unto the said Jauns dalen & 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 sand tily a wall or fence, not exceeding one foot in thickness, which may be placed on the adjoining land of the Corporation, externer to the ca.d i t.
Second - The said lot of land shall not be used for any other purpose tha . dra il ce of bunal i'r the dead; and no trees within the lot or bendershall be cut down or destroyed without the consent of the new des of the Corporation.
Third - That the proprietor of said lot shall have the right to check at , aurents er Sepulchral structures, and to ( ultivate trees, shrubs and plants in the same.
Fourth - That the proprietor of said lot of land shall keep in repair at 1:4 or her own expense, the landmarks of the Jaar, u 'Hen shall be erected by the Corporation.
Fifth - That if the land marks and boundaries of the said lots sh .! Lo cficed, so that the said lot cannot with r asonal! . (Pigence be found and identified, or if any conflicting claims shall arise between claimants, under deeds made acc long to aly plan adopted by the Proprietors, the Trustees for the time being may equitably settle the same, or the said Trustees A set of" to the sand grantee & the heirs and assigns a lot in heu thereof, in such part of the Cemetery as they shall see if, rd the lot 1. reby granted shall in such case revert to the Corporation.
Sixth - That if any trees or shrubs situated in said lot of land, shall ly means of their roots, branches or otherwise, Lecome detrimental to the adjacent lots or avenues, or dangerous or incouvement to passengers, it shall be the duty of said Tru. lies 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 these ! as are thus detrimental, dangerons or inconvenient.
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