Lowell Cemetery deeds by year, 1851-1864 , Part 33

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 33


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To have and to hold the aforegranted premises unto the said May I. 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 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 expensc, 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 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 sumn 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 Man I 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 Mary J. for the purposes above expressed ; and that they will warrant and defend the same unto the said € Hary I and her 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 Emaily fue the day of


Ma in the year of our Lord one thousand eight hundred and


Chuva Menthopple president.


CEME


1841


Clerk.


Executed and delivered in presence of


LE Unnerve


No. 892


24 050 Har 16.53


Know all Men by these Presents, That the Proprietors


of the LOWELL CEMETERY, in consideration cf


Thirty five dollars paid to them by John F Fordaily


of emell the receipt


of which is hereby acknowledged, do give, grant, bargain, sell and convey to the said Fordich and the heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Honão avenue and numbered Eighthundred Minuty 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 Three hundred superficial square feet.


To have and to hold the aforegranted premises unto the said Fondul 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 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 Fordido for the purposes above expressed ; and that they will warrant and defend the same unto the said Fordado aioli 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 therely his the day of in the year of our Lord one thousand eight hundred and Sixty May


President.


Jakut Payer Clerk.


1841


AISE


DEAD


BE


SH


Executed and delivered in presence of


No. 1189


finow all Men by these Presents, That the Proprietors


of the LOWELL CEMETERY, in consideration cf Thirty five dollars paid to them by Lucy, a Damn of


Lamell the receipt of which is hereby acknowledged, do give, grant, bargain, sell and eonvey to the said and her heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called and numbered Clever hundred Eighty time 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 when heirs, and assigns at all seasonable times. The said lot of land containing Ihnenhundred superficial square feet.


To have and to hold the aforegranted premises unto the said Lucy a 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 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 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 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 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 Lucy a 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 incumbranees ; that the said Corporation have a right to sell and convey the said premises to the said Lucy a. for the purposes above expressed ; and that they will warrant and defend the same unto the said


Lucy a. and her 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


Main Whipple president.


_Clerk.


THE


1841


DEAD


Executed and delivered in presence of


No. 1532


Know all Men by these Presents, That the Proprietors


of the LOWELL CEMETERY, in consideration cf hity five dollars paid to them by Dano Mackay of Lamelo the receipt of which is hereby acknowledged, do give, grant, bargain, sell and convey to the said Mackay and m 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 Fiffew hundred while the 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 Mackay 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 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 trecs 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 decm 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 Mackay 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 Mackay for the purposes above expressed ; and that they will warrant and defend the same unto the said


Mackay and he, 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 Elevento day of June in the year of our Lord one thousand eight hundred and


President.


ME


Clerk.


1841


EAD


RE


8H


Executed and delivered in presence of


1


No. 570


linow all Men by these Presents, That the Proprietors


of the LOWELL CEMETERY, in consideration cf One hundred dollars paid to them by Denge C Smitto of Lowell the receipt of which is hereby acknowledged, do give, grant, bargain, sell and convey to the said Smith and he's heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Path number Seventy Seven and numbered


Five hundred ten 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. The said lot of land containing


Six hundred superficial square feet.


To have and to hold the aforegranted premises unto the said Smitte 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 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 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 Smitte 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 incumbranees ; that the said Corporation have a right to sell and convey the said premises to the said Smitte for the purposes above expressed ; and that they will warrant and defend the same unto the said Smitte 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 marty muito day of aluguel in the year of our Lord one thousand eight hundred and


Olivia Ma Mutifile. President.


CEME


MERY


1841


E


DEAD


Executed and delivered in presence of


LC Munroe


Clerk.


No. 797


Know all Men by these Presents, That the Proprietors


of the LOWELL CEMETERY, in consideration cf This fun nell dollars paid to them by Garantantes


of plie receipt of which is hereby acknowledged, do give, grant, bargain, sell and convey to the said and his heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Path number thirty one and numbered Berenhundred ninety leven 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 superficial square feet.


To have and to hold the aforegranted premises unto the said Cimber 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.




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