USA > Massachusetts > Worcester County > Warren > Records of the Town of Warren 1895-1904 > Part 31
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In witness where of I the saidkillian.
wat this Ivelth day of Many year one thousand nine hundred and three (1903)
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Signed and sealed in presence of Martie L Gilbert Killian C. Patrick
Received and recorded May 12, 1903 at 0-v a. Yh. Attest
CharB. Blair, Town leerk.
:
know all men by these presents that the John Of Williams and Florence I Williams both of Harren in the County of Worcester and Commonwealth of Mars. achusetts in consideration of One dollar Merchandise of good and Valuable Gow. videratiin to us paid by Edward Fair- Lanches of said Warren the receipt where of is hereby acknowledged, do hereby grant, cell, transfer, and deliver into the said Edward Fairbanks the following goods and chattels, namely:
Three Certain Govas Bundle+ red & white Four Black + White 11 Red Color 11 Cine.
One Jersey Glow
One 11 One Black & White Heifer
Red and White Gow
Meaning to convey all Cows + Heifers moved by we and kept on far in said Harren and occupied for a home residence
To have and to hold all and sing- las the said goods and chattels to the said Edward Fairbanks and his executors, administrators and arrigue to their use and behoof forever.
And we hereby covenant with the granted that we are the lawful owner of the said gode -and chattels; that
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they are free from all incumbrances, that we have good right to sell the same as aforesaid; and that we will warrant and defend the same against the Car fuel claires and demands of all per Provided nevertheless that if -
zur delctors, administratore, or a shall pay unto the grantee, or his ex ecutore; administratore; oravergine, the www. of five hundred dollars,dewan with interest at the rate of six per cent per annum, in accordance with? the certain obligations by was given to said Fairbanks of -date September1, 1896 recorded and entered in Records of Mortgages of Personal Property in Clerk office of the town of Warren, Mars liber "M" folio 93, and the certain note. named in it the said last named mortgage Mortgage of date of June 23, 1898 alev Mortgage of date of May fifteenth Anten hundred and three are given as and for additional security. for payment of the certain five hundred. dollars interest and promisary note named.in said Mortgage of date Left 1, 1896. in - from the date with interest as stated in - wake of even date signed by, and wanted auch payment shall keep the ad goods and chattels insured against fire in a cum not less than dollars for the benefit of the grantee and his executive, administrators, and assign in euch form and in euch Inenvan. Companies as they shall approve; etal. wat warte or destroy the card good. and chattels, nor suffer them or am hart thereal to be attached mercure
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aprocess, and shall not, except with the courent in coriting of the grantee or hi representatives, attempt to sell for to remove from said Farm the same or any part there of, - then this deed, as vier the aforecard wake, shall be void. But upon any default in the her. formance or observance of the foregoing condition, the grantee, or his executors, administrators, or assigns, may sell the said goods and chattels at public auction, first giving Is days notice in writing of the time and place of cale to one of us or our representatives or publishing such notice ... week for three succe serve weeks in some one newspaper published in said County. And out of the money - arising from such sale the grantee, or his representatives shall be entitled to retain all eure the served by this mortgage, whether then ar thereafter payable including all costs, charges and expenses incurred or sustained by - them in relation to the said property, or to discharge any charme or lieve of third persons affecting the same; rendering the surplus, if any, to use or our executors, administrators, or assigns. and it is agreed that the grantee, or tie executors, administrators, or assigne. or any person or persons in their behalf, may purchase at any salemade as afaresaid; and that until default in the performance or observance of the condition of this deed we und our executare, administrators, and assigns, may retain possession of
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default, the grantee or those claiming under - may take immediate for? session of said property, and for that purpose may, so far as I can give a thority therefor, enter upon any premises on which said property any part there of may be situated, I remove the same therefrom. In witness where of we the said John it Williams and Florence & Williams hereunto set your hand and real this Fifteenth day of May in the year one thousand nine hundred and three Signed, sealed and delivered in presence of Florence L. Williams William L Curtis John A. Williams
Received and recorded May 15. 19.03 at 9-10 a. m .
(Attest
Char B. Blair, Tom Clark
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Know all men by these presente that We, Edward B. Moulton and George Albert Barton, both of Warren, Worcester County, Massachusetts, in consideration of --- Seventeen Hundred and Twenty. Live Dollars .- hard by George Austin Barton and Emily Bartow, both of said Warren, the receipt where of is hereby as. knowledged, do hereby grant, sell, transfer, and deliver unto the said George Austin. Barton and Emily Bartow the following goods and chattels, namely; The entire stock of goods, wares and merchandise of every kind, nature and description, consisting manily of the variety of drugs, medicines, talet articles and fancy goods morally kept in a drug store; aler the furniture and fixtures and all other articles and property both use. fuel and ornamental, including soda forantares, all contained in the store located in the building owned by F. F. Marcy situated on Main street in the village of test Warren; together with any goods, effects and property of every description which may at any time be added to said stock or other property, or substituted for any portion there of.
Said property includes the same which is described in two certain mortgages from said Edward B. Moul. For -and George albert Barton to the mortgagee one bearing date Ect. 1, 1902 and recorded in the Town Clerk's office in the town of Warren, Book M. Page 489, the other bearing date March 10, 1903 and recorded in card Clerk's office, Book M.
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Page v02, and therein described as con. ta ined in the store in West Haven harry as test Warren Pharmacy, and in another store known as the Central Pharmacy, all of which property is now contained in: the store located in the building moved by F. H. Marcy situated on Main street in said west Warren and now known as the West Warren Pharmacy, this mortgage being given as addition at security for the water described in the two mortgages above referred to and to give the precise location of the property therein described and contained in said West Karren Pharmac, and is not intended as a cubati. tute for said mortgages above refere red For.
To have and to hold all and aring. ular the said goods and chattels to the said George Austin and Emily Barton and their executors, administra tore, and assigne, to their own use and behoof forever.
and we hereby covenant with the vendees that we are the lawful owner of the said goods and chattels; that they are free from all incunfrances, that we have good right to sell the same as aforex and; and that we will. warrant and defend the same again the lawful claims and demande of all persons
Provided nevertheless that if we, or Tur executare administrators, oralsig shall pay ments the verdees, or their executores administrators, on veng. the sum of Seventeen Hundred and Twenty- five Dollars on demand, with
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interest as stated in two notes, one dated October 11, 1902 and the other dated March 0, 1903, signed by us, and until such hayment shall keep the said goods and chattels incured against fire in a cum not less than the fair value there of for the benefit of the vendees and their executors, administrators, and acsigue, in such forma and in euch 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 courent in writing of the vendees or their representatives, attempt to sell or to remove from said premises the same or any part thereof, - then this deed, as also the aforesaid water, shall be void.
But upon any default in the performance or observance of the fore. going condition, the vendees, or their executors, administrators, or assigns, way sell the said goods and chattels at public auction, first giving ten days notice in writing of the time and place of sale to use or our representatives, or publishing such notice once a week for three succes. sive weeks in some one newspaper published in said Warren. And out
of the money arising from such cale the vendees, or their representa tives shall be entitled to retain all cuma then secured by this mortgage, whether then or there after payable, including all costs, charges, and expenses incurred or sustained
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by - them in relation to the said property, or to discharge any claire or liens of third persons affecting the same; rendering the surplus, if any, for to we on our executare, admin istrators, or arrigue.
And it is agreed that the vendees. or their executors, administrators, or assigne, or any person or persons in their behalf, may purchase at any sale made as afaresaid; and that until default in the performance or observance of the condition of this deed we and our executors, administrators, and arrigue, may retain possession of the above mortgaged property and may use and enjoy the same, but after such default, the vender or those claiming under us may take immediate possession of said property and for that purpose may, so far as I can give authority therefor, enter upon any premises on which said property or any part there of may be situated, and remove the same therefrom.
In witness where of are the said Edward B. Moulton and George albert Barton hereunto set our hands and seals this month day of May in the year one thousand nine her udredan three.
Signed and sealed in presence of John D. Sheehan| Edward B. Moulton Ger. albert Barton Received and recorded May 16, 1903-at 2-47 o'clock P.M. Atter Chas , BlairDown blevx.
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This agreement, made this twenty- fifth day of May A. D. 1903, by and between frank later and George M. Faulkner, co. wantwere doing fraises to the ame and style of The later agence.
forrester and Commonwealth of Mass chusetts, parties of the first part, and George A. Anderson of Boston in the Country of Suffolk and vaid comove alth, partig of the second art, and the creditors of said warties of the first part where etvall recent-inwriting to the terms of this agreement as herein after provide. d, parties of the third part: Witnesseth that said parties of the first part, in consideration of one dollar and other valuable con iderations to them paid by the party of the second part, the receipt where of is Surely acknowledged, do hereby grant, bargain, sell, assign and convey to the party of the second part all the woherty and estate, both real and personal, of the parties of the first hart, wherever situate, both within and without said Commonwealth. cepting only auch an by the Care of said Commonwealth is exempt how attachment, a more particular description of the estate and prof. anty hereby conveyed being as follows, the machinery, tools, patterns, draw. ings, stock on hand consisting of wow, steel, dass, inte, holte, coal, coke, engines and other work in process contracte for eng
-- i
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parte of engines, water, accounts recei able, leavehold rights, fixtures, together with are the righter property and aceite, tangible or mitangible in any
Together with all the deeds, books of account, written instrumente, evidences of title and papers relat. ing to the business dealings and property of the parties of the first part.
To have and to hold -all said real and paranal estate and property to the said party of the second part his heive, executors, adminis tratare and assigns in truet, Keiner. theless, for the following user and purposes, viz ..
let. To convert all said property, except said deeds, books of account. written instruments, evidences of title and papers, muito cash as soon are in the judgment of said party of the second part it can be done wewently and to the best advan ad for that forpower to and property I part
1
. v
1
1. party of the second part hall deem best, and to convey the property er wald to the purchaser or purchase ere, whowe fall thereby acquire a
Kree and discharged of and from truete, And any such purchases
C
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funchalin ercall not be anewer alle for the application of the purchase ey Bud for the proper of comment 7
1. 1.c he vicent hart € harry on the business of the parti If the first part, for a period of the not exceeding six months from the take of thee avecgument; and for my father trice which the parties of third party way in writing avsent 2d. On care only and provided that the raid parties of the first partshall Le adjudged bankrupte by any District out of the United States upon a petition in bankruptcy filed by or against said parties of the first part within four months after the date of the recording here of, then to pay over to the trustee or trustees in bank- ruptcy of the estate of said parties of the first part, who shall be appoint ed by the Court in the course of the proceedings instituted by such petition, euch of said trust property or ite proceeds, leve reasonable compensation for services as trustee under this agreement and charges and expenses, including those for legal services reasonably incurred by the trustee we aforexand, as such trustee or travelers may be entitled to by law, 3-d. In case said parties of the first part shall not be adjudged bankrichte upon a petition filed as afores and, or in case a trustee or trustees of the estate in bank. runtany of said harties of the first
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part shall not be entitled to ward truet property of its proceeds, the said party of the second part shake distribute the net proceeds of euch of said truet property as shall not belong to such trustee or trustees, after deducting suital compensation for his services as Kraveteerder this agreement, und reasonable charges and expenses" including those for legal services incurred are trustee as aforesaid. in substantial conformity with the laws of said Commonwealth relating to the estates of wealth vent deltoro, paying to the said parties of the first part euch allow ances for the support of them- selves and families and such percentage of the net proceeds of said truet property as they would be entitled to as insolvent debitore! under the laws of said Commonwealth. sel ationgal time ofment debitore and their estates; paying debite of said parties of the first part due and owing to parties of the third party titled to priority wonder vat lawe, in full, should the net pro ceede of the trust property be ouf ficient therefor, atheroes pire : ata in the order provided for by the laws of said Commonwealth relat; ing to the estates of insolvent debtors, and applying the balance of said proceeds equally and ratable. without preference or priority to the. payment of such debts, obligations liabilities of the want
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the first part to the parties of the third part as were provable against the states of insolvent debitore under the Laws of said Commonwealth, and are not entitled to priority under said Laws, and to pay the balance of said proceeds and to convey and deliver the balance of any unconverted truet property, after the payment in full of all the chance of the parties of the third part, to the parties of the first hart, respectively, as their interest may appear; to hold as their own absolutely and discharged of and brown all triste.
And in the aforesaid distribution the net proceeds of partnership property hall in the first instance be applied in payment of the partnership indebt. adress to the parties of the third party, and, if more than sufficient for such purpose, the share in the balance belonging to each party of the first hart shall be applied in payment of Wie private indebite due to the parties of the third part. And the net proceeds of the private property of each party of the first part shall be applied to payment of his private indebtednew the parties of the third part, and the balance there of to the payment of partnership indebtedvers to the harties of the third part.
In the course of the execution of the trusts herein created, if any dispute or controversy arise concern. ving said trust property or any portion there of, or concerning the mature, existence for a mount of
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any - debt or obligation which can parties of the first part a ether he claimed to be due from orowi by them then the party of the second part is authorized and empowered to refer such dispute off controversy to some dreinterested party or parties for final decision . or to compromise the same in euch way or manner and upon euch terme as said party of the second part may deem wise and expedient and for the furtherance of the purposes of this trust agreement. or to avail himself of any remedies. law or equity; but nothing herein. contained shall bird any party of the third part to refer or compromise any claim or demand against any other party or partire to His agree. ment. and said party of the second? part is further authorized and en. powered to discharge any liens, incur frances or mortgages on said trust property, or any part there of, if he deene it wise and expedient ort 4 th. Upon the execution of the triste created by this agreement to return all said deeds, books of account, written instruments, evidences of title and papers to the parties of the first part, the carne being excepted from the power of sale given to said party of the And this agreement further witnesseth that it is agreed by area,
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between the parties to these presente that any provision herein contained which is contrary to the laws of said Commonwealth (or, if said parties of the first part shall be adjudged bank rupte upon a petition in bankruptcy filed by or against said parties of the first part within four months after the date of the recording here of, contrary to the bankruptcy laws of the United States) shall be deemed purgatory; that no creditor shall be deemed a party to this agreement or entitled to the benefit of its provisions who fails to accent in writing to the terme of the same within sixty days from its date; but such accent may be expressed either by signing these presente or by signing and delivering Is the party of the second part any other writing expressing an accent to the terms of this instrument; provided, however, that any person who was a creditor of the parties of the first part on the day of the date of this indenture may become a party hereto after said sixty days, with the consent of said party of the second part, expressed in writ. ing, if the party of the second part we fit to give euch courent; that said party of the second part accepte the truete herein created, and covenants and agrees with the harties to this agreement that he will faithfully and impartially execute the same. It being agreed and understood, however, by and between-all the parties to this
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agreement that the party of the second part shall not be accountable or held liable for any loss or damage not occasioned by wilful neglect or
That said parties of the first part hereby covenant and agree with the remaining parties to this agreement that they will execute and deliver any and all papers reasonably need esvary and convenient to vest title to ward truet property in the party of the second part or to enable him? to collect, recover or convey the sand or any part there of. And the said parties of the first part do hereby constitute and appoint the said party of the second part and his successor or successore in this trust, their attorney inevocally. with full power of substitution, hereby authorizing him in his own. name, or in the name of the parties. of the first part, to institute, prosecut and defend all suite at law or in quity or other proceedings, to execute. decde, releases, acquittances and other writings, whether the same be under real or otherwise, and generally to do all acto, matters and things new Que ary and proper to carry into effect. and perform the truete herein declares is of the first part could do if these presente had not been made. And said parties of the third. part do hereby severally and respect. viely agree to accept and take in full havement, satisfaction and
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twolarge (excepting as hereinafter provide) I all and singular their debate, claire, Demande and causes of action against and parties of the first part, on either I them, which are provable against the states of insolvent debitore under the farve of said Commonwealth, existing at the date hereof, whether payable now or at some future time, the divi- donde which shall be payable t- and harties of the third part, respectively, under the provisions of this agreement. And said parties of the third part do hereby severally and respectively, each and every one of them, release, acquit and forever discharge & aid. harties of the first part from all och claire, debts and demands, excepting as hereinafter provided, -1/2 Provided, however, that in case the parties of the first part shall be adjudged bankrupte upon a petition filed by or against them with .... four monthsafter thedatesof the recording of this agreement, this. foregoing releases and discharges and covenante to release and. die charge shall be void as to curtis of said dette, demande and cla.". " away be provable against the cat a te or estates of said bankrupte,at. the dividende, if any, which shall have been paid to the parties of the third part, repectively, / .... vaid last -described debts, demande and claims from said truet property or its proceeds under this agreement, shall merely reduce the card debt, demande and claims to which said
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payments shall have been applied to the extent of the amounts of such pay mente, and the card debte; demands and enforceable against the parties aring the same and provable in bankruptcy against their estates. And provided, further, that the parties of the third part who hold any notes debite or accounts against the parties of the first part, or either of them, which are guaranteed or endorsed by any other party or parties or for which any other party or parties are liable are sureties, guarantor or other. wise, do hereby expressly reserve all rights and remedies against such cureties, guarantor, indowsers and persone to liable
and provided, further, that no party of the third hart holding security shall or does hereby release or impair or in any manner affect his right to such security; but if the security is applicable. der the insolvency base of sand Con monwealth to the payment of the claim or debt by it secured, the credito or creditore, who are for aball become parties to this agreement, holding each county hall receive and the entitled to dividende on only to much of the claim or delt as semaine after deduct
a sale of euch security, of which cal creditor or creditore holding euch security ball give the party of the second part a notice of at least five days before the same.
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nothing herein contained shall for rent the party of the second part der becoming party of the Third fait under this agreement.
In witness where of the parties ! the fast and second parte and parties of the third part hereunto set their hande and common real the day of the date first above written. Frank Slater George M. Faulkner Ilater Engine Or. By Frank Slater George M. Faulkner. George W Anderson Real
Concernwealth of Massachusetts. Carcenter Ss.
May 25th U. D. 1903. Then personally appeared the above. named Frank- later, George M. Faulkner, Later Engine Or by Frank Slater, George M. Faulkner, and Georgell Anderson and acknowledged the foregoing metru. ment to be their free act and deed, before me, Edward P. Pay Notary Public
Received and recorded May : 6, 1903 at 5 13 P. M.
(Attest Char B. Blair, Town Clerk.
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Agreement, made in triplicate this twenty fifth day of May, a. D. 1903, by and between William B. Rance dell, of Warren in the Country of Worcester a of the first part and George N. A. den Low of Bretoninthe Country of Suffolk, and said Commonwealth party of the second part, and the creditore of said party of the first part who shall accent in writing In the terms of this agreement as hereinafter provided, parties of the third part:
Witnesseth that said party of the first part, in consideration of one dollar and other valuable consid erations to him paid by the party of the second part, the receipt where? is hereby acknowledged, does hereby grant, bargain, sell, assign and convey to the party of the second part all the property and estate, both real and personal, of the parkings of the first part, wherever situate, inth. within and without said Common wealth, excepting only such as by the laws of said Comm exempt from attachment, a more particular description of the estate. and property hereby conveyed bering as follows, viz .:
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