Lowell Cemetery deeds by year, 1864-1879 , Part 3

Author: Proprietors of the Lowell Cemetery
Publication date: 1864
Publisher:
Number of Pages: 528


USA > Massachusetts > Middlesex County > Lowell > Lowell Cemetery deeds by year, 1864-1879 > Part 3


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And the said Proprietors of the Lowell Cemetery do hereby covenant to and with the said I wings tw wwohis 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 · Living for for the purposes above expressed ; and that they will warrant and defend the same unto the said Livingstone autres


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 Huty für day of Decembro in the year of our Lord one thousand eight hundred and


EME


1841


HE


& RAISE


DEAD


SHAL


Chi minhuppe President.


Clerk.


Executed and delivered in presence of


500 Stamento.


Know all Den by these Presents, . That the Proprietors


of the LOWELL CEMETERY, in consideration of thirty five dollars paid to them by of Lawrence the receipt of which is hereby acknowledged, do give, grant, bargain, sell and convey, to the said Hemwalk and my heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Lath Io. !! and numbered Solozu hundred and useonly four 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 afore-granted premises unto the said Kuubale & hi


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 he used for any other purpose than as a place of hurial for the dead ; and no trees within the lot or border shall he 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 hy the Corporation.


Fifth - That if the landmarks and houndaries 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 hetween claimants, under deeds made according to any plan adopted by the Proprietors, the Trustees for the time heing 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 herehy granted shall in such case revert to the Corporation.


Sixth - That if any trees or shrubs sitnated in said lot of land, shall by means of their roots, hranches or otherwise, hecome 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 dcem 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 he 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 Heimball 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 tosuty devente day of March in the year of our Lord one thousand eight hundred and Suply- five


President.


Clerk.


1841


RAISED


DEAD


SHALL


Executed and delivered in presence of


Stampa.


No. 1503


Know all Men by these Presents, That the Proprietors


of the LOWELL CEMETERY, in consideration of thirty five dollars paid to them by Benjamin F. Willoughing of Lowile the receipt of which is hereby acknowledged, do give, grant, bargain, sell and convey, to the said Willoughby and he heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Washington e Avenue and numbered fifteen hundred and three · 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 trendred. superficial square feet.


To have and to hold the afore-granted premises unto the said Willoughtig und 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 thiek- ness, which may be placed on tbe adjoining land of the Corporation, exterior to the said lot.


Second - The said lot of land sball 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 eut down or destroyed witbout the consent of the Trustees of the Corporation.


Third - That the proprietor of said lot sball 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 bis 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 elaims 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 ease 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 ineonvenient to passengers, it shall be. the duty of said Trustees for the time being, and they shall have the right, to enter iuto 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 aeres, as they may dcem advisable, upon the payment of sneh 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 subjeet 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 Willoughlin 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 Willoughby 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 Suithe , day of April in the year of our Lord one thousand eight hundred and Sixty five ,


CE


1841


RAISED


DEAD SHALL


RE


Oliver . M. Heffile President. Alfred Yuliana, Clerk.


Executed and delivered in presence of 3. 9. S. Policy


-


BWarranty Derb.


Printed by J. J. JUDKINS, 87 Merrimack Street.


Auow all Olen by these Presents, Chat I. Oliver Mr. Whipple of Lowell in the Country of Mia. alesex and Commonwealth of Massachusetts


In consideration of Five hundred nineteen 100 Dollars to arse paid by Josiah Gates of saia Lowell


the receipt whereof is hereby acknowledged, do hereby give, grant, sell and convey, unto the


said Gates a certain Parcel of land situate in in vaia County, thus described, vir: De. givning at the South westerly corner there's at the cor- ever of the wall and at land recently conveyed by me to said Gates, thence along the wall on the northerly side of a pass way in. 8034℃ about three hundred and thirty six feet; there on the wall 22. 690 ℃. about thirty one feet; thence n. g. w. on the wall and on lama wola to said Gates abovesaia about four hundred and thirty three feet; there 12. 84º W. still on the wally on my land about one hundred thirty seven felt; Thener on the wall and along any lana 8. 17/2° W. about four hundred twenty four / feet; there still on the wall are my lana P. 16/ 4" W. about seventy feet to the point of begin- ming. Containing two acres ana 2609/ 2gnare feet. 2ore : or less.


:


Un Bone and to Hold the above grauted Premises, to the said Gates. his


Heirs and Assigns, to nes & their use


and behoof forever.


Andthe said 6 Oliver 222. Whipple


for enzy sel, andy Heirs, Executors, and Administrators, do covenant with


the said Gates, his


Heirs and Assigns, that Iam lawfully seized in fee of the afore-granted Premises ; that they are free from all encumbrances ; 1


that have good right to sell and convey the same to the said


Gates


and that will, and 2020 Heirs, Executors,


and Administrators shall WARRANT AND DEFEND the same to the said Gates


his Heirs and Assigns forever, as against the lawful


claims and demands of all persons.


Su Witness FUherenf, Lve the said bliver m. Whipple, and Sarah it. his wife, in token of her release of all claim of dower in the previews and in release of all homestead exemption 1 have hereunto set our hands and seals this thirtieth day of gene in the year of our Lord eighteen hundred and fifty seven .


--


Greruted and Delivered in Presence of us:


Parate the Mechiffrer


Commonwealth of Alassachusetts,


Middlesex, ss. 14 th 18 209 Then personally appeared the above named Oliver m. Whipple and acknowledged the above named instrument to be his free act and deed. Before me, Justice of the Peace. 6. 7.Sherman


Recorded at Lawell, "cely


18.


1857,


with


Middlesex


Deeds


-


North District -Back 11 Page 3 / AB. Might Register.


Whipple to Gated.


(July 18, 9 av Pui


Know all Hlen by these Presents, That the Proprietors


of the LOWELL CEMETERY, in consideration of Jeleuly dollars paid to them by Alfred Ht, Chase of Lowell the receipt


of which is hereby acknowledged, do give, grant, bargain, sell and convey, to the said thate and fu, heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called , Franklin . Alcune and numbered One hundred and fifty five and 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 fu heirs and assigns at all seasonable times. The said lot of land containing det recendied superficial square feet.


To have and to hold the afore-granted premises unto the said Chase and lui 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 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 thercof, 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.


Eightlı - 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 Chase and Pur 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 Chase for the purposes above expressed; and that they will warrant and defend the same unto the said Khate and Fur 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 Sixth , day of


April in the year of our Lord one thousand eight hundred and sixty five.


1841


RAIS


DEAD


B


Occur. il l'apice, President.


Clerk.


Executed and delivered in presence of Alfred Yelerrace, Fr.


Stamp )


No. 566


Know all Den by these Presents,


That the Proprietors -


of the LOWELL CEMETERY, in consideration of


thirty fiche


dollars


paid to them by charles Q. BBillings of Lous le the receipt of which is hereby acknowledged, do give, grant, bargain, sell and convey, to the said Filling! and he, heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Franklin Avenue and numbered Five hundred and Sixty Ley on the plan of said Cemetery, drawn by Butterfield & Clark, which plan is in the possession of said Corporation, for inspection by the said grantee/ he 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 "Billings und Li 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, Monnments 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 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 Trustces 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 dnty, to enter upon said land and remove the same.


Eightlı - That no assessment of any description shall ever be laid by said Corporation npon 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 Millings 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 Billings for the purposes above expressed; and that they will warrant and defend the same unto the said Trillings 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 ti elfte day of -April · in the year of our Lord one thousand eight hundred and Sixty fele.


0


CEME


1841


SE


R


EAD


BE


SHALL


Queer . Ho. Pruple. President.


Clerk.


Executed and delivered in presence of Alfred Gilman. fr.


Know all Men by these Presents, That the Proprietors


of the LOWELL CEMETERY, in consideration of thirty five dollars paid to them by Moral Y. Valor of


Lowell the receipt of which is hereby acknowledged, do give, grant, bargain, sell and convey, to the said Mason and fws heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Franklin, Aleune and numbered Five friedred and Sixty 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 grantee the heirs and assigns at all seasonable times. The said lot of land containing three fraundred superficial square feet.


To have and to hold the afore-granted premises unto the said Vadon 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 fencc, 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 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 avenucs, 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 Trustecs 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.




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