USA > Massachusetts > Middlesex County > Lowell > Lowell Cemetery deeds by year, 1864-1879 > Part 18
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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 aeres, 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 Wallace 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 Wallace for the purposes above expressed; and that they will warrant and defend the same unto the said Wallace and the 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 Twenty Second day of January in the year of our Lord one thousand eight hundred and Sixty Seven.
CEMET
1841
RAISE
EAD
BE
SHALL
Oliver Me. Whipple President. Alfred Glan. Clerk.
Executed and delivered in presence of Alfred Ilman. B.
Starup.
Exchanged for Lot 902. April 19, 1867. J. l. Mcalvin. Clerk.
No. 902
Know all Hlen by these Presents, That the Proprietors
of the LOWELL CEMETERY, in consideration of Five dollars paid to them by Stephen Wallace of Lowell the receipt of which is hereby acknowledged, do give, grant, bargain, sell and convey, to the said Wallace andfu's heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Howard Avenue and numbered Nine Hundred Two, 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 '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 afore-granted premises unto the said Wallace 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 fenee, not exceeding one foot in thick- ness, 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 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 he 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 aeres, as they may deeni advisable, upon the payment of such sum of money as may he agreed upon hy 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 Aet to incorporate the Proprietors of the Lowell Cemetery."
And the said Proprietors of the Lowell Cemetery do hereby covenant to and with the said Wallace 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 Wallace his Levi's for the purposes above expressed; and
that they will warrant and defend the same unto the said Wallace, 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 Nineteenth day of April in the year of our Lord one thousand eight hundred and Sixty-Deven.
CEME
1841
ISE
R
EA
D. 8H.
BE
Oliver In. Whipple, president. John Il Mialvin, Clerk.
2 Given in exchange for let 1119.
Executed and deliveral in presence of George Gardner. Reid of Recorded April 19, 1867, 50 ct, Rev. Stamp. John Il. Mi alvin, black & Treasurer.
No. 930
Know all Men by these Presents, That the Proprietors
of the LOWELL CEMETERY, in consideration of Thirty five dollars paid to them by Andrew . Wiggin of howell the receipt of which is hereby acknowledged, do give, grant, bargain, sell and convey, to the said Miggin and fus heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Oberlin Avenue and numbered Nine Hundred Thirty on the plan of said Cemetery, drawn by Butterfield & Clark, which plan is in the possession& said Corporation, for inspection by thegaid grantee fu'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 afore-granted premises unto the said Wiggin 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 thick- ness, 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 auy 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 Wiggin 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 Wiggin for the purposes aboye expressed; and that they will warrant and defend the same unto the said Wiggin 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 Twentieth day of April in the year of our Lord one thousand eight hundred and Sixty-Deven.
L
CEME
ER
1841
RAISE
DEAD
BE
SHALL
Oliver M. Whipple President. John Il m' alvin, Clerk.
Executed and delivered in presence of George Gardner. Reid of Recorded April 20, 1867, 50 ct. Rev. Stamp. John Il me alvin, black.
2.931.
Know all Hlen by these Presents. That the Proprietors
of the LOWELL CEMETERY, in consideration of Thirty-five dollars paid to them by Cleveland of. Cheney of Lowell the receipt of which is hereby acknowledged, do give, grant bargain, sell and convey, to the said Cheney and his heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Oberlin Avenue and numbered nine hundred thirty, oncon 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 afore-granted premises unto the said Cheney 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 thick- ness, 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 tbe 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.
1
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 tbe 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 decd 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
Cheney. Kis heirs and assigns that they are lawfully seized of the afore- granted promises, 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 Cheney for the purposes above expressed; and that they will warrant and defend the same unto the said Cheney heirs and assigns forever. Cheney his
IN TESTIMONY WHEREOF, the said Proprietors of the Lowell Cemetery have caused this instrument to be signed by their President and Clearly and their Common Seal to be hereto affixed, the Twentieth day of April in the year of our Lord one thousand eight hundred and Sixty-Deven.
1841
DEAD
BE RAISET
SHALL
Oliver In. Whipple, President. John Il I' alvin,. Clerk.
Executed and delivered in presence of George Gardner. Reid of Recorded April 20. 1867, 50 ct, Rev. Stamp. John Il Malvin, block.
0
No. 932
Know all Den by these Presents, That the Proprietors
of the LOWELL CEMETERY, in consideration of Thirty- five dollars paid to them by Henry Tothem of howell the receipt
dothan of which is hereby acknowledged, do give, grant, bargain, sell and convey, to the said and Ausheirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Oberlin Avenue and numbered nine hundred thirty twoon 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 afore-granted premises unto the said Gotham 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 thick- ness, 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 cffaced, 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 . beirs 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.
Sixtb - 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 Trustces 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 gotham for the purposes above expressed; and that they will warrant and defend the same unto the said 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 Inentieth. day of April in the year of our Lord one thousand eight hundred and Sixty-Seven.
C.E.
LI
1841
IST
R
DEAD
RE
SHALL
Oliver M. Whipple, President. John El Malvin, Clerk.
Executed and delivered in presence of George Gardner, Tardner, Reid of Recorded April 20, 1867, 50 ct. Rev. Stamp. John I. Malvin, bleck.
Yhace adjoining Lot, No. 48.
Know all Men by these Presents, That the Proprietors of the LOWELL CE Seventeen 50/100 dollars paid to them by John black of Lowdle' the receipt black
of which is hereby acknowledged, do give, grant, bargain, sell and convey, to the said and fu's heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called a space adjoining Lot No 48, and numbered on Path No. 19. on the plan of said Cometery, 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 One Hundred Fifty superficial square feet.
To have and to hold the afore-granted premises unto the said black
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 thick- ness, 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 Sepnlchral 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 Trustces 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 Trustces, 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 cver be laid by said Corporation upon said lot.
Ninth - That the Trustecs 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
black 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 black for the purposes above expressed; and that they will warrant and defend the same unto the said black his heirs and assigns forever.
IN TESTIMONY WHEREOF, the said Proprietors of the Lowell Cemetery have caused this instrument tobe signed by their President and Clerk, and their Common Seal to be hereto affixed, the Eighth day of may in the year of our Lord one thousand eight hundred and Sixty-Deven. CE. Oliver M. Whipple, President. 1841 John H. M'alvin, Clerk. IS
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