USA > Massachusetts > Middlesex County > Lowell > Lowell Cemetery deeds by year, 1864-1879 > Part 32
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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 trecs 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 hy 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 deen 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
Hubbard 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 incungbradces; that the said Corporation have a right to sell and convey the said premises to the said Hubbard for the purposes above expressed; and that they will .warrant and defend the same unto the said "Hubbard 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 Clerks and their Common Seal to be hereto affixed, the Twenty-fifth day of September in the year of our Lord one thousand eight hundred and Dixty-eight, g.W. Stickney CEMMET President.
1841
Clerk.
ISE
RA
EAD
SHALL
50 c. Rev. Stamp.
Executed and delivered in presence of Frank 6, Butter field.
Recorded Sept. 25. 1868. John El Mialoni. black-
No. 1128
Know all Men by these Presents That the Proprietors
of the LOWELL CEMETERY, in consideration of Thirty- free dollars paid to them by Willecim P. Davis of Sawdle the receipt of which is hereby acknowledged, do give, grant, bargain, sell and convey, to the said Davis and w heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Nasherington Avenue and numbered
No. 1128 on the plant of said Cemetery, drawn by Butterfield & Clark, which plan is in the possession of said Corporation, for inspection by the said granteehuis heirs and assigns at all seasonable times. The said lot of land containing 300 superficial square feet.
To have and to hold the afore-granted premises unto the said Davis 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 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 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 Trustecs, or the major part of them, shall have the right, and it shall be their duty, to enter upon said land and remove the samc.
Eighth - That no assessment of any description shall ever be laid by said Corporation upon said lot.
Ninth - That the Trustees may deed to the City of Lowell such portion of the Cemetery not exceeding five acres, as they may deen 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 Davis 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 incumbranges; that the said Corporation have a right to sell and convey the said premises to the said Davis for the purposes above expressed; and that they will warrant and defend the same unto the said Davis 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 Gerk, and their Common Seal to be hereto affixed, the Ninth day of
October in the year of our Lord one thousand eight hundred and Sixty-eight
CE
TER
1841
DELD
BE' RAISE
SHAL
I.W. Stickney President.
Clerk.
50 cl. Rev. Stamp.
Executed and delivered in presence of Frank G. Butter field. Recorded Oct. 9. 1868. John El, Mali block.
No.1119 / Shace adj.
Know all Hlen by these Presents. That the Proprietors
of the LOWELL CEMETERY In consideration of Forty-Dix 16/100 dollars paid to them by Laura S. Marshale of Lowell the receipt of which is hereby acknowledged, do give, grant, bargain, sell and convey, to the said Marshall and her heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Path Na. 64. and numbered
No.1119 & Space adj. 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 her heirs and assigns at all seasonable times. The said lot of land containing. 400 superficial square feet.
To have and to hold the afore-granted premises unto the said marshall 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 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 ereet 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 he 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 hy said Corporation upon said lot.
Ninth - That the Trustees may deed to the City of Lowell such portion of the ('emetery not exceeding five acres, as they may deen advisable, upon the payment of suchi 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 Proprietoys of the Lowell Cemetery do hereby covenant to and with the said
marshall 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 Marshall, for the purposes above expressed ; and Marshall her 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 Clearly and their Common Seal to be hereto affixed, the Visitt day of
October in the year of our Lord one thousand eight hundred and Sixty-eight;
S.W. Stickney President. ER MO DEAD 1841 John El m'alvin, E RAISE 50 ct Rev. Itam/. SHALL George Gardner. Executed and delivered in presence of Recorded Oct. 9. 1868. John El. Mi alvin Clerk.
Clerk.
35
A .No. 10.
Know all Hlen by these Presents, That the Proprietors
of the LOWELL CEMETERY, in consideration of One Hundred Twenty-five dollars paid to them by Thomas J. Gerrish of Lowell the receipt - of which is hereby acknowledged, do give, grant, bargain, sell and convey, to the said and Ms heirs and assigns, one jot of land in the bowell Cemetery, in the County of Middlesex, situated on the way called Washington Avenue and numbered Gerrish A. No. 10. 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's heirs and assigns at all seasonable times. The said lot of land containing 300 -
superficial square feet.
To have and to hold the afore-granted premises unto the said Gerrish 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 decds 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 lien 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, bccome 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 upou 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 decin 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 Jerrish 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 gerrish forthe purposes aboys expressed; and that they will warrant and defend the same unto the said Jerrish 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 CTerk, and their Common Seal to be hereto affixed, the Fifteenth. day of October in the year of our Lord one thousand eight hundred and Detty-eight.
LL
CEMET
1841
RAISE
S.W. Stickney, President. John El. Mcalvini, ₡Ierh.
Executed and delivered in presence of Silas Tyler fr Recorded Oct. 15.1868, John I. Mcalvin. block.
No. 1123-
Know all Den by these Presents, That the Proprietors of the LOWELL CEMETERY, in consideration of Thirty-five dollars paid to them by Oliver W. Flint of Lowell the receipt of which is hereby acknowledged, do give, grant, bargain, sell and convey, to the said and /theirs and assigns, one Jot of landy in the Lowell Cemetery, in the County of Middlesex, situated on the way called Washington Avenue and numbered
No. 1123 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 fres heirs and assigns at all seasonable times. The said lot of land containing 309 superficial square feet.
To have and to hold the afore-granted premises unto the said Flint 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 ereet 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 Trustecs, 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 cver be laid by said Corporation upon said lot.
Ninth - That the Trustees may dced to the City of Lowell such portion of the Cemetery not exceeding five acres, as they may deein advisable, upon the payment of such sum of money as may he 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 Conrt, 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
Flint 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 Flint for the purposes above expressed; and Flint his 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 Merk, and their Common Seal to be hereto affixed, the Fifteenth day of October in the year of our Lord one thousand eight hundred and Auxty-eight.
S.W. Stickney CEM President. 1841 Clerk. John El Malvin', 50 c. Rev. Stamp. AD BE RAISE Frank G. Butter fried, Executed and delivered in presence of Recorded Gd. 15,1818, John El. Mcalvi, block.
Know all Hlen by these Presents, That the Proprietors
of the LOWELL CEMETERY, in consideration of Thirty- five dollars paid to them by Jeorge I. Cheney of Lowele the receipt of which is hereby acknowledged, do give, graut, bargain, sell and convey, to the said and nu heirs and assigns, one lot of lang in the Lowell Cemetery, in the County of Middlesex, situated on the way called Washington Avenue and numbered
Cheney
No. 112.2. on the plan of said Cemetery, drawn by Butterfield & Clark, which plan is in the possession of said Corporation, for inspection by the said granted / us heirs and assigns at all seasonable times. The said lot of land containing 300 superficial square feet.
To have 'and to hold the afore-granted premises unto the said Phong , 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 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 thercof 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 samc.
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