Lowell Cemetery deeds by year, 1851-1864 , Part 22

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


USA > Massachusetts > Middlesex County > Lowell > Lowell Cemetery deeds by year, 1851-1864 > Part 22


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Seventh - That if any Monument or any structure whatsoever, or any inscription Le placed in, or upon the said It which shall be determined by the major part of the Trustees for the time being to be offensive or improper, the said Trustres, 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 sat I Corporation upon said lot.


Ninth - That the Trustees may deed to the city of Lowell such parti a cap'n Cemetery not exceeding five acres, as they inny deem advisab !. , upon the payment of such sum of money as may be ago .. v; a ly them and the city authorities, to be a propriated with all other receipts to the general improven ent and care of the Conclus.


Tenth - The said lot ci land shall be holden subject to the provisions c niah.ed in an act of the General Court, dated Janvary 23, 1:41, 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 dam, retain & 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 incuibrances; 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 Janis John 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 Eleven th day of in the year of our Lord one thousand eight hundred and fifty denew May


1


1841


Ohv W Whipple President.


Clerk.


Executed and delivered in presence of


C/C Hutchinson


No. 12.01.


Know all Men by these Presents, That the Proprietors


of the LOWELL CEMETERY, in consideration of Thirty five dollars paid to them by Mu Eliza Butterfreto of Lowell the receipt of which is hereby acknowledged, do give, grant, bargain, sell and convey to the said Eliga 2- and her heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Rath Number fifty Eight and numbered


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 Elisa 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 Trustees of the Corporation.


Third - That the proprietor of said lot shall have the right to erect Stones, Monuments or Sepulcinal 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 decds made according to any plan adopted by the Proprietors, the Trustees for the time being may equitably settle the same, or the said Trustecs 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 sec 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 Elisa and her 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 Laliga for the purposes above expressed ; and that they will warrant and defend the same unto the said Elij a 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 Chereuth; day of in the year of our Lord one thousand eight hundred and fifty Denew May


CEMET


ER


THE DEAD


1841


RAISES


BE


hi VW Whipple president.


Clerk.


Executed and delivered in presence of


CC Hutchinson


No.120.


linow all Men by these Presents, That the Proprietors


of the LOWELL CEMETERY, in consideration of


thirty five dollars paid to them by Davis Smith Lowell of


the receipt


of which is hereby acknowledged, do give, grant, bargain, sell and convey to the said Smith and A, heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated the way cated in the year af for No. One hundred Dif and numbered


One hundred menty 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 this heirs and assigns at all seasonable times. Tlie said lot of land containing


Three hundred' superficial square feet.


To have and to hold the aforegranted premises unto the said Smith 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 erccted by the Corporation.


Fifth - That if the land marks 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 Smith 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 Smith for the purposes above expressed ; and that they will warrant and defend the same unto the said Smith 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 thetruth day of May in the year of our Lord one thousand eight hundred and fifty devew


President.


Clerk.


1841


DEA


Executed and delivered in presence of


C. C Hutchison


No. 1177


Know all Men by these Presents, That the Proprietors


of the LOWELL CEMETERY, in consideration cf Thirty Five dollars paid to them by augustus Adams & Sarah Wiggum of Lorel the receipt of which is hereby acknowledged, do give, grant, bargain, sell and convey to the said Augusten IS mal and the heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Path Number Fifty nine and numbered Seven hundred Seventy Seven 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 &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 augustus Sarah & then 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 proprictor 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 & then 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 augustus TJ mak and 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 incumbrances ; that the said Corporation have a right to sell and convey the said premises to the said augustus Sarah for the purposes above expressed ; and that they will warrant and defend the same unto the said augustus Sarah 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 Eleventh in the year of our Lord one thousand eight hundred and fifty level of


ALL


EMLE


STER


1841


E


DEAD


RAISE BE


S


Olivier No whipple, President.


Clerk.


Executed and delivered in presence of Newshe abram


No. 1487


Know all Men by these Presents, That the Proprietors


Fifty Eight 32/10 dollars paid to them by


of the LOWELL CEMETERY, in consideration of Mouth Tabley &John C My of


an. Lemandy B @ San gean


LoneW


the receipt


of which is hereby acknowledged, do give, guamt, bargain, sell and convey to the said Japly. trong and me heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Path munker Fry three and numbered romteen hundred Eighty Jenow 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 the heirs and assigns at all seasonable times. The said lot of land containing Five hundred, superficial square feet.


Table , Ning


To have and to hold the aforegranted premises unto the said coxão Jangeant other lieirs 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 land marks 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 S ythen 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 Tabley Muy


Leon án neant Mother 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 Tapeon for the purposes above expressed ; and that they will warrant and defend the same unto the said


conais Largement Lardan Am pant other 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 Seventh day of


July in the year of our Lord one thousand eight hundred and fifty Deven


Chia W Whipple President.


.1 Clerk.


Executed and delivered in presence of


LE


THE


1841


DEAD


BE


CC Hutchinson


No. 878


Know all Men by these Presents, That the Proprietors


of the LOWELL CEMETERY, in consideration cf Thirty nine 05/11.00 dollars paid to them by Mistow Cager V James & Whitney of Lowell the receipt of which is hereby acknowledged, do give, grant, bargain, sell and convey to the said lager Status and then heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Fatto munker Ten and numbered Eight hundred seventy five 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 sy then heirs and assigns at all seasonable times. The said lot of land containing Three hundred


also in addition to said lot. a state of law on the Fur Dice of superficial square feet. Jame, two feet in Midtto, Contamny Party feet (in al 3411 fut). To have and to hold the aforegranted premises unto the said ages & whitney and then 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 claimns 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 grantees/ then 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 Casey Military 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 ineumbrances ; that the said Corporation have a right to sell and convey the said premises to the said Eager Whithey for the purposes above expressed ; and that they will warrant and defend the same unto the said Eager aut Whitney aus ten heirs and assigns forever.




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