USA > Massachusetts > Middlesex County > Lowell > Lowell Cemetery deeds by year, 1864-1879 > Part 41
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that they will warrant and defend the same unto the said
Burbank 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 Third day of
October in the year of our Lord one thousand eight hundred and Dixty-nine.
TERY
1841
RAISED
DEAD
RE
SHALL
Willecin A. Burke President.
Clerk. 50 ct Der Stamp.
Executed and delivered in presence of B. Marvel
Recorded Out. 3. 1819, John El. Mi alvin black
No. gob.
Know all Men by these Presents That the Proprietors
of the LOWELL CEMETERY, in consideration of One Hundred Jen dollars paid to them by Charles E. Brown of Lowele the receipt of which is hereby acknowledged, do give, grant, bargain, sell and convey, to the said Frown and heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, and numbered situatedon the way called No. 906 on the plan of said Cemetery, drawn by Butterfield & Clark, which plan is in the possession of said Corporation, for inspection by the said granteedub heirs and assigns at all seasonable times. The said lot of land containing superficial square feet.
To have and to hold the afore-granted premises unto the said Brown 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 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 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 trces 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 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
Brown 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 Brown for the purposes above expressed; and that they will warrant and defend the same unto the said Brown 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 Elevante day of in the year of our Lord one thousand eight hundred and Seventy. January
CEM
LL
110
1841
E DEAD
RAISED
BE
SHALL
Willain A. Brocke, President. John Il M'aloni Clerk. 50 . Rev. Starfr.
Executed and delivered. in presence of Bradford Marvel.
Recorded Jan. 1.1870, Which Malovi. Clark.
france
Know all Men by these Presents, That the Proprietors
of the LOWELL CEMETERY, in consideration of Seventy-fruvé dollars paid to them by Asa C. Kusscle of Lowell therreceipt of which is hereby acknowledged, do give, grant, bargain, sell and convey, to the said and heirs and assigns, one lot of land im the Lowell Cemetery, in the County of Middlesex, situated on the way called Path No. 50 , ad joining and numbered 3. m. Dickey's Lot 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 ' heirs and assigns at all seasonable times. The said lot of land containing 150 superficial square feet.
Russell
To have and to hold the afore-granted premises unto the said Russell 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 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 hy 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 he 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
Russle hab 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 Russell for the purposes above expressed; and Russele 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 Clerk, and their Common Seal to be hereto affixed, the day of Septemle in the year of our Lord one thousand eight hundred and Leyty-nine.
Purity - mine ."
GEME
1841
RAISED
ED
BE
Milleani A. Burke President.
Clerk.
50 ct, Rev. S tempo.
Executed and delivered in presence of
Recordie Gt-29,1869, Jihu Il malori black
Thrace.
No.
Know all Men by these Presents That the Proprietors
of the LOWELL CEMETERY, in consideration of One Hundred Sixty dollars paid to them by Daniel y, Colly of Lowell the receipt of which is hereby acknowledged, do give, grant, bargain, sell and convey, to the said bolly and ArTheirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesok, situated on the way called Malwww.Nach.Av. and Much
adj. hot- 1580 on the plan of said Cemetery, drawn by Butterfield og Clark, which plan is in the possession of said Corporation, for inspection by the said grantee Theirs 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 Colby his
heirs and assigns forever; subject, however, to the conditions and limitationsand 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.
Fiftlı - 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 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, 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, dangerons 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 assessinent 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 tbem 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
bolly his 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 that they will warrant and defend the same unto the said are free from all incumbrances that the said Corporation have a right to sell and convey the said premises to the said bully for the purposes above expressed : and heirs and assigns forever.
lilly his
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 Thirtieth day of Septent in the year of our Lord one thousand eight hundred and Dixty-nine.
CEME
1841
BE RAISED
DEAD
SHALL
Millieine A. Brocke President.
Clerk.
50 cl= New. Sham/.
Executed and delivered in presence of S.A. Mc Phetres
Recorded Left. 30. 1869, John El Malvin
block.
No.577
Know all Den by these Presents That the Proprietors
of the LOWELL CEMETERY, in consideration of One Hundred Eighty dollars paid to them by Joseph C. Healey of Lowell V the receipt of which is hereby acknowledged, do give, grant; bargain, sell and convey, to the said and heirs and assigns, one lot of land in the Lower Cemetery, in the County of Middlesex, situated on the way called Franklin Avenue and numbered
Wcaley 3.577 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 had heirs and assigns at all seasonable times. The said lot of land containing superficial square feet.
To have and to hold the afore-granted premises unto the said Healey
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 trces 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 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 suchi 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 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 Healey ho 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 Healey for the purposes above expressed; and Wealen Uri 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 day of december in the year of our Lord one thousand eight hundred and Dixty-nine'.
1841
RAISE
DEAD
RE
SHALL
William A. Broke President. John El. M. ali Clerk. 50 c. Rev. Stamp. os Geo. Gardner,
Executed and delivered in presence of
Recorded Dec. 8.1869. John El Mali, black.
Lot 33×20
Nos 1475 and 1476
Know all Hlen by these Presents, That the Proprietors
of the LOWELL CEMETERY, in consideration of Three Hundred dollars paid to them by Phineas Whiting & Sarah Got Whiting the receipt of which is hereby acknowledged, do give, grant, bargain, sell and convey, to the said Whiting's and the heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex situated on the way called Path No. 42 and numbered 147581476 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
~660~ superficial square feet.
To have and to hold the afore-granted premises unto the said Whiting' their heirs and assigns forever; subject, however, to the conditions and limitations, and withthe 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 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 elaims shall arise between claimants, under deeds made according to any plan adopted by the Proprietors, the Trustees for the time being may equitably scttle 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 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 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 acres, as they may deem 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 Jannary 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
Whitings their heirs and assigns that they are lawfully seized of the afore- granted premises, and of the ways leading to the same from the highway in fee simple; that they are free from all incumbrances; that the said Corporation have a right to sell and convey the said premises to the said Whiting's for the purposes above expressed; and that they will warrant and defend the same unto the said heirs and assigns forever. Whiting's their
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 Joventy-Seventh day of November in the year of our Lord one thousand eight hundred and Sixty-nine.
LL
TERY
1841
E
RAISED
DEAD
RE
SHALL
William A. Burke President.
Clerk. 50 c. Rev. Stamp. Geo Gardner.
Executed and delivered in presence of
Recorded Nov. 27.1869. John Il. Mi alvin, blesk.
EN310
Know all Den by these Presents, That the Proprietors
of the LOWELL CEMETERY, in consideration of Jen dollars paid to them by Thomas Paul of Lowell the proceipt Paul of which is hereby acknowledged, do give, grant, bargain, sell and convey, to the said and ful heirs and assigns, one lot of land in the Lowell Cemetery, in the County of Middlesex, situated on the way called Path No. Ya. and numbered
No310. 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 hee 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 Paul 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 cxeeeding one foot in thick- ness, which may be placed on the adjoining land of the Corporation, exterior to the said lot.
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