USA > Massachusetts > Worcester County > Warren > Records of the Town of Warren 1895-1904 > Part 10
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33
En Witness Whereof, thereunto set my hand and sent this monty-fourth day of December- A. D. 1896.
Signed, and sealed ne
Charles Real
presence of
Bu Charles & Clarke Fre Atomeu
beccured and recorded December 24# 1896 at 5-17 'Clock P. 211. Attest Chae3, Blain Town Clerk
135
Know all men by these Presents that I, Fred Parker of Brimfield in the bounty of Hampden and Commonwealth of Massachusetts in consideration of One Hundred and Seventy five Dollars paid by 26.26. Jaquith of Warrew withbounty of Worcester and Commonwealth aforsaid the receipt whereby is hereof acknowledged, do hereby grant, sell, transfer, and deliver into the said-16.26. Daquith, ~ the following goods and chattels, namely:
All the stock, furniture and fixtures of the Dining Room, or Restaurant in Town Hall@lock in Narrow aforesaid, consisting generally of confectionary, bigars, Tobaco, Stat- ionary, Stoves Chairs, Counters, Shelves, scales, Shout cases, Refrigerators the chest, Ice Cream Fixtures, Tableware, Silver Ware, Le, also one Counter Soda fountain and the appurtenaussi there to longing- also all the stock, furniture and fix- lives which may be added to the above men- tioned while this mortgage is in force-
To have and to hold all and singular he said goods and chattels to the said 16. 26. Jaquithe- and his-executors, admin- strators, and assigns, to their own use and BEhoof forEver.
And do hereby covenant with the rinder that Ham the lawful owner of the said goods and chattels; that they are free from all incum brances, that I have good right to sell the same as a- for said, and that I will Warrant and defend the same against the lawful claims and dem- ande of all persons.
Provided, nevertheless, that if I, or my exec- utors, administrator, or assigns, shall pay into the vinder, or his-executors, administra- on , or assigns, the sun of One Hundred and Seventy five Dollars on demand, with interest as stated in a note of even date signed by
1
136
me and until such fragment shall keep the said goods and chattels insured against fre in a sun not less than One Hundred and Seventy- five dollars, for the benefit of the vender, and his execution, administrators, and assigns, in such form and in such Insurance Companies as they shall approve; shall not waste or destroy the said goods and chattels, nor suffer them or any part thereof to be attached on meine process, and shall not except with the consent of the vinder, or his representatives, attempt to sell or to remove from Har- new aforEsaid - the same or any part thereof except in the regular course of business and shall replace, wall tobacco and confectionery sold by other of equal value - then this deed, as also the aforesaid note, shall be void.
(Put upnow any default in the performance or observance of the foregoing condition, the rende, or- his-executor, administrator, or aseigne, may sell the said goods and chattels, at put- lic auction, first giving to days notice i mit- ing of the trine and place of sale to me or why representatives, or publishing such notice orice a work for three successiva wicks in some one mere papier published in said, bounty of Worcester and out of the money arising from auch sale the vendee, or- his-representatives shall be entitled to retain all sums there se- cured by this mortgage, whether then or there- after payable, including all costs, charges, and Is penses incurred or sustained by hine or them in relation to the said property on to discharge any claime or liens of third persons affecting the same; rendering the surplus, if any, to me or my executor, administration, or assigns. And it is agreed that the sender, or his execution, administrators, or assigne, or any per- Der or persons in their behalf, may purchase at any sale made as a for said; and that until
137
desocult on the performance or observance of the condi- ion of this deed, - - and my execution, administrators, and aiseque, may retain possession of the above mar raged property and may use and enjoy the same, but after such default, the vender or those claiming under hum may take immediate possession of said property, and for that purpose may, so far asis can give authority therefor, ender upourany firem- is on which said property or any part there of may be situated, and remon the same there from. In Witness Where of of the said Thed J. Parker hereunto set my hand and real this monty fourth. day of December in the year one thousand eight hundred and ninety six-
Signed , and Redled
in presence of ne HO Kelley
Fred J. Parker Real
Received and recorded December 24, 1896 at 5-18 O'clock P. CH.
Attest
Chas B. Blair Town bleck.
Warren Mass Mich 20/97
This is to certify that Iacknowledge the receipt of the amount due on this mortgage from Fred J. Parker
26.76. Jaquitte
Received and recorded March 20,1877 at 11 .- O'clock. A. M.
Atless
Chas(B. (Blar Town blesk
1
138
Know all men by these presents that of George H. Armitage of Nansen in the County of Worcester ande Commonwealth of Massachu- sett in consideration of One Hundred Dollars paid by Frances & Barlow wife of A 20 hParlour of Marrow a forisaid the receipt whereof is here- by acknowledged, do hereby grant, sell transfer, and deliver into the Said-Frances , Barlow- the following goods and chattels, namely;
1 Gray low six years old
I Mellow bow five years old
I Brown bow seven years old 2 Pred and White Hiefers each two years old- 1 Red Heifer 1 Black and White yearling heifer. 1 Black Bull 1 year old
Io have and to hold all and singular the said goods and chattels to the said- Frances & Barlowand her executor, administration, and assigns, to their www use and behoof forever!
And I do hereby Covenant with the vinde that & ram the lawful owner of the said goods and Chat- tels; that they are free from all incumbrances, that I have good right to sell the same as a for said. and that I will Warrant and defend the same against the lawful claims and demands of all persons.
Provided, nevertheless, that if , or my executor, administrators, or assigns, shall pay unto the vill- dee; or her executor, administration, or assigns, the sum of One Hundred Dollars on the first day of op- ril 1897, with interest as stated in a note of even date signed by me, and until such payment shall keep the said goods and chattels insu- ed against fire in a sum not less than One "Hundred dollars, for the benefit of the vender and his- execution, administrators, and as- viene, in such form and in such Insurance Companies as they shall approve; shall not
L
1
139
warte or destroy the said goods and chattels, nor ufer them or any part thereof to be attached on neene process, and shall not except with the con- vent in writing of the vender or her representar- tives, attempt to sell or to remove from Warren forsaid the same or any part thereof then his deed, as also the aforesaid note, shall be
But upon any default in the performance or observance of the foregoing condition, the vendee, or. his-executors, administrator, or assigns, may. sell the said goods and chattels, at public auction, first giving 10 days notice in writing of the line and place of sale to me or my representatives, or hubfishing such notice once a week for three suc we're make in some one newspaper published in aid County of Worcester. And out of the money) prising from such sale the vendee, or her repre- entatives shall be entitled to retain all sums her secured by this mortgage, whether then on unafter payable, including all costs, charges, and experises incurred of sustained by her or them in relation to the said property, or to discharge and claims or lieve of third persons affecting the same; rendering the surplus, ifany to me or my executors, administrator, or assigns. And it is agreed that the vinder, or her ex. culors, administrators, or assigns, or any per- low or persons in their behalf may purchase tany sale made as a forsaid; and that until default in the performances or observance of the condition of this deed, & and my executors, administrations, and assigns, may retain for- version of the above mortgaged property, and may we anic enjoy the same, but after selch default, Au monde of those claiming under her may The immediate possession of said property, and for that fier pose may, so far as I can Fine authority therefor sitter show any promises
1
¿
ou which said properly or any part thereof may be situated, and remove the same therefrom. Cn niuws Whereck & the said George W. Armitage hereunito set my hand and seal this Pinty. wirth day of December in the year one there- and eight hundred and ninety six Signed , and sealed in presence of Mr. H. Kelley George H. Armitage (Real) + 1 Areceived and recorded December 29th 1896 at 3- JJ O'clock P.M.) (Attest
Charles . Blair Down bleck.
(Assignment of Insurance) Know all men by these Present, That & Sowie Il Nord worth of haven- in the County of Worcester, Massachusetts in consideration of One Dollar and other good and valuable consideration to me haid bu Comma AMoodworth of Warren a fore said the receipt whereof I do hereby acknow- lidge, do hereby assign and transfer to said Emma I Woodworth all claims and demands which now have, and all which, at any time between the date hereof and the first day of March (1997) next, Imay and shall hand against the Liverpool, London and Globe Insurance Co- for all Jums of money due and for all Jumus of money and demande which at any time between the date heraf and the said- firstday of March (1897) next, may and shall become die to me, for insurance under fire policy to. W19943 to have and to hold The same to the said Emma I. Wood worth, her heirs executors, administration and actions forv. Chud & Lewis I Nordworth de Sucre by con- stitute and appoint the said Enuna F Hornet-
140
deschange ofcode authorize the
del. Baclouds, Sharing received full payment of the within mortgage, I hereby acknowledge, and attest that B. Blair Jouw to
Havrea Mai2 Macade 27, 1897, Vaines and demande, Frances
111
and her assigns , to be my attorney irrevocable in the hennes, to do and furgoni all acts, matters and Hauge touching the premises in the like manner to all intents and hurparce, as could if fursorally present. "Our mitruss Heraf, have set my hand and seal, this Philicthe day of December 189%.
Signed, sealed and delivered,
in presence of William H Kelley. Lewis, If Wood worth. Received and recorded December 30# 1896 at 11-10 O'clock A. M (Attest Chart, Blair Town Clerk,
Know all men by these Presents, "That I, George W. Armitage of Warren, Mas, in consideration of eighty-five dollars o 18 cents and other good and valuable consideration to me paid by Edward Fair banks of said Harrow, the receipt whereof is hereby acknowledged do Tureby sell, assign, transfer and fully set- over unto said Fairbanks, all and whatever Quer or Jums of money is now due to me from The C Brigham Company, a corporation duly created by law and having an established and usual place of business at Boston, Mass, also, in consideration aforesaid, do hereby sell, assign, and transfer unto said Cdubanks all sund and sums of money and each and all accounts and all claims and demands of every name and nature which I now have against against said the BBrigham Company And also, and as well, all'amore, accounts, demande and all claims of every name and nature which I may or shall have against the said the b. Brigham Company, between the date thereof and the first day of April, 1897 by reason of milk sold to said Corporation
142
or any other transactions, with them. to have and to hold all sold, assigned, Farefored as afor said unto faire the said Fairbanks to his sole and only use and account.
Hereby quina unto said Fairbanks and . his tedal representatives full and complete power and authority in my name, or as 200 attorney or otherwise, to do and perform di act, Quatters and things necessary to fully obtain or collect and receive all said money, claims, demande and accounts, or the money due on any chann or denand a foresaid from said corporation.
In mitness of the above, Thereunto set. my hand and seal this twenty ninth day of December, 1896.
Signed in presence of Gertrude Mi Panel
George W. Annitage.
Received and recorded December 30th, 1896 at 2-39 O'clock & M Attest Chas , Blair Down bleck
143
Anis Indenture made the 26th day of December, 896, between the Harren, Brookfield & Spencer Street Railway Company, incorporated under the laws of Massachusetts ( herein called the Railway Company) of the one part, and the International Trust Company, incorporated by the laws of Massachusetts (herein called the trustee) of the other part.
Mureas by an indenture bearing date the 2nd of November, 1896, between the parties hereto add recorded in the registry of deeds for the bounty of Worcester, book 1524, page 128, and in the offices of the town clerks of Brookfield, West Brookfield, Spencer and Narrow certain property and effects of the Railway Company were expressed to be conveyed by the Railway Company to the Trustee, upon and for the trusts and purposes thereis contained for securing certain negotiable bonds to be issued by the Railway Company for the aggregate principal Juan of $125,000, and
Whereas none of the said bonds have been sold and delivered, and by vote of more than a majority in interest of all the stock- huldere of the Railway Company the President and Treasures of the Railway Company were duly authorized and directed to execute, ac- knowledge and deliver this instrument in or- der further to secure the said bonds, and to facilitate the execution of the truele contain d in the said indenture,
Now this Indenture witnesseth, and it is hereby Agreed and declared as follows; the Warren, Brookfield lec Spencer Street Railway Company, in consideration of the premises and in the exercise of the pow- re reserved to the Railway Company in the said Indenture, dated 2 nd November, 1896, and of every other power enabling it in this
144
behalf does hereby grant and convey unto the said International Trust Company, it's success ors and assigns, all and singular the lands, tenements and hereditaments and all property, real and personal, railways franchises, tolls, right, titles, interests, choses, Casement and privileges at the date of the Said Ondenture (2nd (November, 1896) belonging to, or thereafter acquired, or to be acquired by the Railway Company, to have and to hold the same, with all the privileges and appu- rtenances theres, and thereto belonging, vento and to the use of the trustee, and its successors and assigns forEver, upon and for the trusts and purposes in the said Indenture ( dated 2nd (November, 1896) expressed and concerning the premises thereby intended to be granted and . conveyed, and with and subject to the like flowers, agreements, conditions and provis- Low andare contained in the said indenture in respect thereof in the same manner and to the same effect as if the premises hereby) conveyed had been expressed to be there by conveyed , and as if the said indenture had contained the further truste and Ino- visions hereinafter contained.
2nd. In case the trustee shall take possession of, operate and enjoy the property in the exercise of the power contained in Article 111" of the said Indenture, the trustee shall rise and enjoy the same and shall collect and receive de the rents, issues and profits of, and arising out of the same, and do all such things to pro- mote the interests of the parties, as the trus- he shall brink hoher, and after paying thecha ined at the execution of any of its flowers or trusts, and all tages, charges, assess ments, liens and outgoings in respect of the trust premises, or any fact
145
thereof, as well as reasonable renumeration for the ser- rces of the trustee, and of its agents, attorneys Glucks and servants, the trustee shall apply the residue of the moneys so received in the first place ratably to the interest in arreal, or become- mg due and payable on the said bonds, at the time outstanding, in the order in which such interest shall have become dues and payable, and then to the principal moneys secured by the said bonds, if then due and payable, rata bly and without any preference or priority. (And) in case all such payments shall be completely madebefore any foreclosure or sale, the trustee Shall rector possession of the trust premises to the Railway Company, and the same shall hence forth be subject to the provisions of the said indenture and of these presents in the man- ver as if such entry had not been made. And all the provisions of said "Article " of the said Indenture, and the rights and forbere there to) given to the trustee, or to the bondholders, shall "exist in addition to and without affecting or abridging any other rights or remedies that they, or any of them would otherwise have had. 3rd, The trustee shall invest all sums of money received from the Railway Company for the purpose of creating a sinking fund, and the income there of from time to time in the said bonds secured by the said indenture, so far as such bonds can be conveniently obtained at a price not exceeding $105. For every $ 100. of the print- that there of with interest accrued and the true te may advertise for such bonds, in one or more newspapers published daily in the City of Boston, but shallnot be bound to use other creations to ascertain whether such bonds can be so purchased, and so far as such bonds can not be so obtained at that price, then, in such name as shall be authorized by the laws
146
of Massachusetts for investments of savings banks, with full power from time to time to well and convert into money, any of the said investment other than bonds hereby secured, and to invest the proceeds as aforsaid and such of the said bonds we shall be so feur- chased shall be marked" Purchased for the Sinking Fund and not transferable" The trustte shall allow interest upon all moneys comprised in the said sinking fund and not otherwise invested, at such a rate as it shall for the time being allow to its other custom- ers, upon their balances and may use the said moneys for its own purposes in the same manver as a banker may use the money de- hosted by his customers. When the princi- That notreys secured by the said bouds shall become due, or when the trust premises shall have been sold, the trustee shall kell and con- vert into money all the investments belonging to the said sihiking fund, other than the said bouds, and shall hold the proceeds thereof and all the moneys comprising the said sinking fund, " how the same trust and shall play and apply the same in the same manner as 11. such proceeds and moneys had come from a sale of the trust premises, as in the said indenture provided. Subject to the trusts agorasaid, the truster shall hold all the in- Vestments and moneys comprising the said Linking fund in trust for the Railway Comp. my, ifte successors and assigns. The bonds ma the sinking fund shall not be regarded as outstanding for the purpose of determining the minister of bondholders who can require the trustee to act under the said indenture. 4th. The truster under the said indenture may resign only by filing its regionation in the Probate bout for the County of Suffolk;
147
or any other Court having jurisdiction, and publish. ing notice thereof once a mak for three successives weeks in one or more daily newspapers published n said Boston, and such resignation shall take effect upon the appointment of as new trustee, which shall be a trust company, incorporated by The laws of Massachusetts, and may be appointed by the said bourt, or any court having Jurisdi- tion, upon potition of the retiring trustee, or any of the bond holders, and shall not be required to give any bonds in respect of the truste haus. A resignation from the trusts of the said indent. ire shall be regarded as a resignation from The trusts hereof, and the trustee under the said indenture and hereunder shall always be the Dame trust company.
5th. The said indenture and these presents hall always be construed and effective in the same manner as if the terms of these presents, had been originally contained in the said inden- Ture, except that the terms and provisions here of shall always take precedence over the terms and provisions of the said indenture.
(Anavitres Wherey, the said Harrow, Brookfield and Spencer Street Railway Company has caused here presents and four counterparts hereof to be Executed in its name and behalf, and under to corporate seal by A. Summer Myrick, it's Pres. idon't, and George A. Putman, it's Treasurer, and the said International Trust Company has caused these presents and four counterparts here of to be executed in its name and behalf by JohnUl. Graham, it's President, and its corporate seal be affixed to the same and attested by) berry L levett, its Secretary, the day and year fiat abon written. Warren, Brook field
1
148
La Spencer Street Railways (60.1
JA, Summer Myrick
Real) President. George A. Putman Геаличи. Internation thrust Company John Hl Graham Real President. Secretary.
Commonwealth of Massachusetts, Suffolk, SS. Tostón, Jan 1 et 1897 Then personally appeared the above- warned A. Summer Wyrick, the President and George A, Butiwan, it's Treasures, of the said Makrew, Brookfield mg &Spencer Street Railway Company, and acknowledged the foregoing instalment to be the free act could deed of the Said Harrow, Chokofield q & Spencer Street Railway Company. Sefor me,
Albert & Sanford Justice of the Peace . Received and recorded January 2nd. 1897 at 8-47 O'clock A. M. Attest Chas, Chai Down bleck.
.2
149
Know all new by these Presents, That & & Barrett of Harrow in the Country of Worcester, (Massachusetts in consideration of lorenteen) Dollars to me paid by William J. Jagan of Narrow aforesaid the receipt whereof I do hereby, acknowledge, do houba design and changeto vaid Williamol Jagan all claims and demande which & now have, and all which, at any time be- tween the date hereof and the first day of March 1897 next, I may and shall have against the Bradford Yarn Mille a corporation duly establish d by law having an established and usual place of business in said Warren for all sums of money due and for all sume of money and demande which, at any time between the date hereof and the said First day of March 1897 next, may and shall become dice to me for services as labover to have and to hold the same to the said William &. Jagan his executor, administrations, and assigns forver.
And if the Said E.Cassett do hereby constitute and appoint the said William J. Tagan and his assigns, to be my attorney irrevocable in the frem- ses, to do and perform all acts, matters and things touching the premises in the like manner to all'in- tents and purpose, as could it personally present In witness Whereof I have set my hands and Real, this First day of January 1897.
Signed, sealed and delivered, in presence of H. ( Jagan
E Passett Real
Beccired avid Accorded January 4. 1997 at 1-25 O'clock & M
Attest
Chael, Blair
Nown Clerk
150
(Vinte anos Da Miedo Presents that Me Brana Vieleett and George's Gotcolt both of Mariewin the eventer of Hercester and Commonwealth of Massachusetts in consideration of Ten Dollars 10, 00 Melhor 20. Kelley of Haven afonsaux, the receipt where is hereby acknowledged, do here- to grant, 2010, transfer, and delivers unto the said Telecom S. Volley the following goods and chattele namely!
One Word Sewing Machine, One Chamber set, hi Stuffed chairs, three rocking chair one trunk with contents, one farge pictures, one kitchen range, in mattresses, three bed quilts, two pillows and one. extension table, Also one small store, two pictures and one clock.
K u
To have and to hold all and singular the card goods and chatted to the said William H. Kelley and his executors, administration, and welcome to their own use and be hoop forever Held me hereby Covenant with the vinder that we are the lawful owners of the said goods and chattels; that they are free from all incumbrances, that we have Good right to sell the same asafon- Said; and that we will Harrant and defend the same against the Lawful claims and demands of all persons
Provided nevertheless that if ard, or our cecution, administrator, or assigne, shall pay unto the vendee, or his execution, administration, crassigns, the sum of en dollars on demand, with interest as stated in a note of evendate signed by us, and until such payment, shall Seat waste or destion the said goods and chat Leis ner suffer Hun or any part there of to be attached a scene process, and shall not, recept with the concert in writing of the vine- die or his representatives, attempt to sell or to remove from Harrow agon said - the same for any fact there of, then this deed, as also the
12
n
1
1
151
foresard mote, shall be void. But uhow any default in the performances or Terrance of the foregoing condition, The mindre, or reeceuton, adiministration, reassign, may dell The said goods and chattels at pubic auction, first giving ten days notice in acting of the hive and place of sale to us or our representatives, or pub- thing such notice once a work for three successive make an someone newspaper published in said harrow, And out of the money arising from such tale the vender; on his representatives shall be entitled ordain all sums then secured by this mortgages, Brother then or thereafter hay able, including all costs, charges, and expenses incurred or sustained by is or them in relation to the said property, or to discharge any claims or lieve of third persons affecting the same; rendering the surplus, if any, to us or our executors administrators, or assigne. And it is agreed that the vinde, or his ex- cutions, administration, or assigns, or any person or persons in their behalf may purchase at any ale made as aforvard, and that until deternet on the performance or observance of the condition 1. this deed are and our executors, administrators, and assigns, may retain processions of the above mortgaged property and may use andienjoy the same, but after such default, the vindie on for claiming under hun may fake immedi- the possession of said property and Do that purpose away, so far as Ican give authority therefor, enter refor any prenses on which said properly or any part there may be Nit. Mated, andrewest & the same there from.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.