USA > Maine > York County > York deeds, Book IV 1684-1699 > Part 21
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BOOK IV, FOL. 75.
[75] the sª sylvanus Davis, his heires and assignes and to their proper use & only behoof forever, and I the aforesd Samuell Webber, do hereby avouch my self at the time of ensealing & untill the delivery of these presents to be the true & lawfull Owner of all the above barganed premises, freely and clear acquitted and discharged from all former and other bargains, sales & Incumbrances, morgages, dow- ryes, or titles of dowrys, whatsoever, In wittnesse whereof I the abovenamed Samuell Webber & Deborah my wife in token of her consent, and full relinquishment of all right of dowry, or power of thirds to be had or claymed in the premises, have hereunto put or hands and fixed or seales, this 23th day of Novembr 1685, in the first year of the Reign of or Soveraign Lord King James the second, by the Grace of God Defendr of the faith, &c
The word third day Interlined before the signing hereof Sealed Signed and delivered Samuell Webber : (seale) Deborah + Webber (seal) with quiet & peaceable possession given in pres- her signe ence of us,
John ES Skilling, his signe, Joseph Webber :
Samuell Webber appeared before me this 23ª of Novembr 1685 & acknowledged this Instru- ment to be his Act & deed/ Deborah Webber ownes her consent to the abovesd Deed of Sale, the day & year aboue written as attests
Edw : Tynge Just peace
A true copy of the originall Instrument transcribed and compared this 8th of Septembr 1686 as attests,
Tho : Scottow : Dept Regist
BOOK IV, FOL. 75.
To all Christian People, to whom this present Deed of Sale, shall come, Bartholomew Gidney of Salem, in the County of Essex, in the Colony of the Masachusetts in New England Esqr and Hannah his wife, send greeting, Know yee, that the sª Bartholomew Gidney, and Hannah his wife, for and in consideration of the Summ of one hundred & fifty Pounds of Currant money of New England, to them in hand at or before the ensealing, and delivery of these pres- ents by Walter Gendall of Casco in the Province of Main, in New England aforesª Yeoman well and truly paid, the receipt whereof they do hereby Acknowledge, and them- selves therewith fully satisfyed and Contented, and thereof, and of every part and parcell thereof, do Acquitt, Exonerate, and Discharg the sd Walter Gendall, his Heires, Executrs Administrators and Assignes, and every of them by these presents, Have given, granted, bargaind, sould, aliend, enfeofed, and confirmed, And by these presents Doe fully, freely, clearly and absolutely, giue, grant, bargain, sell, Alien, Enfeof and confirm, unto the sª Walter Gendall, his heires, and Assignes forever, All that their tract or parcell of Land scituate, lying, and being in Casco aforesd on the North side of the Bay there, the front whereof next the Sea lyeth within the Township of North yarmoth in New Eng- land aforesaid as the same Land was formerly granted by severall Indian Sagamores unto Thomas Stevens of Kenne- beck Yeoman, as by Deed of Sale under the hands and Seales of the said Indian Sachems bearing date, the 19th day of January 1673 reference whereunto being had more fully, and at large doth and may appear, And one Moiety whereof was granted by the sª Stevens unto the sª Gidney, as by Deed of Sale beareing date the 12th day of October 1674, more fully may appear, And the other Moiety thereof was granted by the sd Stevens, unto Henry Seaward, & by him Morgaged unto the sd Bartholomew Gidney, and afterwards the same became forfeited into the hands of the sª Gidney,
BOOK IV, FOL. 75, 76.
Together with all and singular the Houses out houses, Edi- fices Buildings, Yards, Gardens, Orchards Lands, Meadows, Marshes, Swamps, Woods, underwoods, Trees Rivers, Ponds, Damms, Headwares, fishings, fowlings, [76] wayes Ease- ments, waters watercourses, profitts, priveledges, rights, Libertyes, commodityes, herediments and appurtenances whatsoever to the sd Tract or parcell of Land belonging or in any wise appertayning/ And also all Deeds writings what- soever touching or concerning the Premises, only or only any part or parcell thereof, To have and to hold the said tract or parcell of Land scituate, lying and being as aforesd with all other above granted premises, with their appur- tenances, and every part and parcell thereof unto the sª Walter Gendall his Heirs, and Assignes, and to the only proper use, benefitt, and behoofe of the said Walter Gendall, his heires and Assignes forever, And the sª Bar- tholomew Gidney and Hannah his wife for themselves, their Heires, Execr and Administrators, do hereby covenant and promise and grant to and with the sd Walter Gendall his heires and assignes, in manner and form following (that is to Say) that the sd Walter Gendall his heires and Assignes, shall and may by force and vertue of these presents, from time to time, and at all times, forever hereafter, lawfully peaceably & quietly, have, hold, use, occupy possesse & Injoy the above granted premises, with their appurtenances and euery part and parcell thereof, as a good perfect and absolute Estate of Inheritance in ffee simple, without any manner of condition, reversion or limitation whatsoever, Soe as to alter, change, defeat or make void the same, free and Clear & clearly acquitted and discharged off or from all former and other gifts Grants, bargaines, sale Leases, Mor- gages Joynters . Dowers, Judgements, Executions Intailes, forfeitures, and of and from all other, titles, troubles, charges, and Incumberances whatsoever, had, made, com- mitted done or suffered to be done by them the sª Bartholo-
BOOK IV, FOL. 76.
mew Gidney, and Hannah his wife or either of them, their or either of their, heires or assignes, at any time or times before the ensealing hereof, And further that the sª Barthol- omew Gidney, and Hannah his wife their heires, Executores, Administrators and Assignes shall and will from time, to time, and at all times for ever hereafter warrant and defend the above granted tract, or parcell of Land, with all other the above-granted premises, with their appurtenances, and every part thereof, unto the said Walter Gendall his heires and Assignes against all and every person and persons what- soever, any way lawfully clayming or demanding the same or any part thereof by from or under the sª Bartholomew Gidney, and Hannah his wife, their or either of their Heires or Assignes/ In witnesse whereof the sª Bartholomew Gid- ney, and Hannah his wife have hereunto set their hands and seales, the twelvth day of July, Anno Domini one thousand six hundred, eighty and one, Annoq Regni R$ Caroli secundi xxxiii /
Signed Sealed and delivered in the Bartholomew Gidney
presence of us by the within (seal)
named Bartholomew Gidney (seal)
John Hayward,
Eliezer Moody Servt
This Instrument acknowledged by the within named Bar- tholomew Gidney as his Act and Deed in Boston this 12th of July 1681 before me Thomas Danforth Presidt
A true Coppy of the originall Instrument, transcribed and therewith compared this 9th Novembr 1686 as attests Tho : Scottow Dept Regt
Know all men by these presents that I Walter Gendall of Casco in the Province of Main, have released & forever quitt claimed and by these presents, remise, release, & for me my
BOOK IV, FOL. 76, 77.
heires and Assignes for euer quitt claime unto Bartholomew
for ye Orig! Deed See Book 3 page 96.
Gidney of Salem In the Colony of the Massachusetts, all my right Title & Interest, that I have or ever had, in or unto the Land to me Sould according to the within written Instrument of Conveyance to the sª Gid- ney, to have and to hold the same to him, his heires, Executors, administrators & assignes forever, and I the
sª Gendall do hereby Ingage my self, my heirs and Executors, Administrators & assignes [77] to warrant, acquitt and defend, the Quiett and peaceable Possession, to maintane unto the said Gidney his heires and Assignes against all persons laying claim thereunto by from, or under me, or my Heires or Assignes -having allready forfeited on a Morgage for non payment & In Wittnesse hereof have sett my hand and Seale this 17th day of July 1684
Signed Sealed and delivered Walter Gendall, (seal) in the presence, of William Gidney,
Benjamin Hiliard
Walter Gendall of Casco acknowledged this above written Instrument to be his Act and Deed Salem July the 7th 1684 before me John Hathorne Assist
A true Coppy of the originall Instrument transcribed and compared this 10th of Novembr 1686 as attests
Tho : Scottow Dept Regtr
To all Chrystian People to whom this present Deed of Morgage shall come, Know yee that we Henry Harwood and Elizabeth his wife, now in Boston, in New England for & in consideration of fivety Poundes in Hand Received cur- rant money of New England before the ensealing of these presents by Bozoun Allin of Boston Tanner well and truly paid, the Receipt whereof to full content and satisfaction
BOOK IV, FOL. 77.
they do hereby Acknowledge and thereof and every part thereof & parcell, do exonerate Acquitt and discharge the sª Bozoun Allin, his heires Executores, Administrators forever by these presents, have granted Bargained sold aliened enfeofed conveyed and confirmed, and by these presents, do fully, freely, and absolutely, grant bargain sell, alien assigne enfeofe convey, and confirm, and by these presents unto sª Bozoun Allin, his heires, and assignes forever, all that their messuage, Tenement or dwelling house, with the ground thereto belonging, scituate lying and being in the Towneship of ffallmoth, in Casco Bay in the Eastern Parts of New Eng- land, the which we exchanged with the reverend Mr George Burroughs for, and was purchased by the sª Burroughs of John Skilling of Casco bay aforesª together with all the Gar- dens Orchards houses outhouses, Barns, Stables, Edifices, Buildings and other Rights, priviledges profitts, commodi- tyes & appurtenances whatsoever to the Premises belonging, or in any wise appertaining, and all the estate title and right, propriety possession clayme or demand, that we or either of us have or at any time might have had, in or unto the Prem- ises or to any part thereof, To have and to hold, the above granted dwelling house and Land, with all the Libertyes priviledges and appurtenances thereof unto the sª Bozoun Allen of Boston Tanner his heires and assignes, to his and their only Proper use, benefitt and behoof from hence forth and forever, And the sª Henry Harwood Cordwindr and Eliz- abeth his wife for themselves and their respective heires Executores Administrators, do covenant promise and grant to & with the sª Bozoun Allen, his heires, Executrs Adminis- trators and Assignes, that they are the true Right and proper owners of the above bargained premises, and have in them selves full power, and good Right the same to bargain sell & Confirm unto the sª Bozoun Allin, his heires, Execrs & Assignes in manner as aforesaid, and that the bargained premises are at the Sealing and delivery hereof free and
BOOK IV, FOL. 77, 78.
clear, acquitted and discharged off and from all former and other gifts, grants, bargains, sales, Leases, morgages, titles, troubles, acts, alienations and Incumbrances whatsoever, and that we will warrant and make good the sale of the above bargained premises and all the libertyes, priviledges and appurtenances thereunto belonging to the sª Bozoun Allen his heires, Execrs Admrs and Assignes, against all per- sons lawfull clayming any Right to, or Interest therein from henceforth and foreuer, and that the sª Elizabeth Harwood, the wife of Henry Harwood Cordwinder doth allso hereby, Renounse relinquish and discharge all her Right, Title and Interest of in or unto the premises forever by these presents. Provided allwayes that it is the true Intent of these presents, that if the sd Henry Harwood Cordwinder or Elizabeth his sd wife, they or either of them their heires Execrs, Admrs, or assignes, doe shall or well and truly pay or cause to be pd unto the abovenamed Bozoun Allen his heires, Execrs, Ad- ministrs or assignes, the abovesaid Summ [78] of fivety Poundes Currant money of New England at the now dwelling house of abovesd Allen, on or before the first day of July 1686 then this Deed of Morgage to be void or of none effect, or else to stand and remain and abide, in full force power and vertue, In wittnesse whereof the sª Henry Harwood and Elizabeth Harwood have hereunto sett their handes and Seales, the first day of August Anno Dom1 1685 Signed Sealed & delivered in pres- Henry Harwood ence of, the word house in the (sea. ) 12th line, and words interlined in Elizabeth Harwood (81) the fourteenth line is, & they are interlined before signing, & Sealing
The mark Hd of Mary Wright
The mark I a of Priscilla Woodberry,
Boston the August 5th 1685, then and there personally ap peared Henry Harwood and Elizabeth his wife and ac-
BOOK IV, FOL. 78.
knowledged this Instrument to be their voluntary Act & Deed before Elisha Hutchison Assist
A true Coppy of the originall Instrument transcribed & compared this 10th of November 1686 p Tho : Scottow Dept Registr
February the 3ª 168}
Articles of Agreement made between John Smith of Yorke in the Province of Main of the one Party and Mary Smith of the Same Town of the other Party, I the Said John Smith do give grant Enfeofe and Confirm unto the Said Mary Smith the wife of my late deceased Father John Smith, a Certain parcel of Land being bounded by a White Oak Tree on the North West Side of a Runn of Water being at the head of a Crick on the Northeast Side of Sam- uell Bankes his house and the other Side being bounded by Samuell Bankes his Land, and so far to Runn to a Certain Hemlock Tree North West from the River which Hemlock Tree Samuell Bankes Pretends to be his Corner Boundes, and yrfor to Run on a North west line on both Sides, as far as my father Land doth Goe, which parcell of Land I the Sª John Smith do give grant Infeofe and Confirm unto the Said Mary Smith, her heires Execrs, and Admrs and Assignes forever, with all Priviledges, appurtenances thereunto be- longing from by or under me, my heires Execrs Admrs and Assignes, which for and in Consideration hereof I the Said Mary Smith my heires Execrs, Admrs and Assignes deliver all ye Right and Title of any Land which was formerly my husband Smiths, and will not henceforth and forever lay any Claim or challenge to any thirds or part or parcell thereof, but do from henceforth Acquitt and Clear the Said Smith and owne my Self to be Contented and fully Satisfyed, which
BOOK IV, FOL. 78, 79.
being fully Agreed and possession given on both Sides we bind our Selves in a Bond of One hundred Pound each to the Other for to Stand to what is here written/ Sealed Signed and Delivered in the Presence of us
Samuell Webber John Webber/
John X Smith his mke ( seal)
Mary
Smith
her marke (Sigill)
John Smith and Mary Smith Acknowledged this above Instrument to be their Act and Deed this 29th February 168g Before me Sam11 Wheelright Just Peace A true Copy of the Originall Instrument transcribed and Compared this 1th March 1683
p me Tho : Scottow Dept Registr
[79] To all Christian people before whom these presents shall come/ John Shapleigh of Kittery in ye Prouince of Mayn in New England Send greeting, Now Know ye that I John Shapleigh of Kittery in ye Prouince of Mayn aforesª/ for diuers good causes me thereunto mouing, More Especially for and in Consideration of Ninety pounds to me in hand payd by Edward Ayers of Kittery in the Prouince aforesª Blacksmith, The receipt whereof and of euery part & par- cell thereof I acknowledge & therewith fully Satisfied con- tented and payd, haue giuen granted bargained Sold Aliened Enfeofed made ouer and confirmed, And by these presents for me my heires Execut's Administratrs and Assigns doe freely cleerly & absolutely giue grant bargain Sell Alien Enfeoffe make ouer, and confirm unto him the sª Edward Ayers his heires Execut's Administratrs and Assigns foreuer all that house & land orchard Barn or other buildings form- erly in ye possession of William Elingham late of Kittery Deceased, Scituate lying and being in Kittery aforesª on ye
BOOK IV, FOL. 79.
Riuer of Piscataqua, being about Sixteen Acres be it more or less, Together with thirty Acres of land and Marsh pur- chased of Antipas Mauerick late of sª Kittery Deceased, by Majr Nicholas Shapleigh of sª Kittery Deceased, as more amply appeares by his Deed bearing Date the Sixteenth day of June one thousand Six hundred Seuenty and Eight lying and being next adjoyning unto ye land formerly possessed by ye aforesaid Elingham bounded by a creek on ye North west side comonly known by ye name of Daniells creek And by ye land formerly sª Mauericks on ye South East Side and Soe ranging back upon an East North East line, and by ye Side of sª creck upon a parralell line into the Woods till ye sª Thirty Acres be compleated To haue & to hold the aboue giuen and granted premises with all ye priuiledgs & appur- tenances thereunto belonging or in any way appurtaining, To him ye sª Edward Ayers his heires Executrs Administratrs and Assigns for euer And ye sª John Shapleigh for himselfe his heires and Assigns doth couenant & promise to and wth ye sª Edward Ayers his heires Executrs Administrat's and Assigns for euer to warrant & Defend ye aboue giuen & granted premises against all psons what soeuer Claiming any Right Title or Interest thereunto from by or undr him ye sª John Shapleigh his heires or Assigns/ In Witness wherof the Said Shapleigh hath Set his hand & Seal this Eight & twentieth day of December, one thousand Six hundred Eighty & fiue, 1685. John Shapleigh (Seal)
Signed Sealed & delivered in the presents of us
John Pickerin Jos Hamond
Alice Shapleigh (Seal) Sarah Shapleigh (Seal)
Mr John Shapleigh & his wife came this 24° of ffebruary one thousand Six hundred Ninety fiue and owned this bill of Sale to be their act and Deed- Job Alcock Justis of pe/
BOOK IV, FOL. 79.
A true Copie of ye origenall Instrument Transcribed & compared This 25° ffebruary 169%
p me/ Jos : Hamond Regr
Know all men by these presents that I Thomas Trafton of York in the Prouince of Maine Yeoman, many good causes me hereto mouing, Especially in consideration that I haue had and haue a Real loue and fatherly affection to and towards my welbeloued Daughter Elizabeth, And in like manner to and towards her husband John Rackliff haue of my own free will & upon good and Real consideration freely giuen granted made ouer Released and delivered unto my Said Son in law John Rackliff, a parcell or Tract of land with a house & orchard thereupon, lying and being nere that part of ye Town of York abouesaid commonly called Rogeres Coue, containing twenty Acres, ten of which formerly belonged to Mr Edward Godfry With all ye benefits profits Traftons Deed of gift to his daughter conueniences priuiledges and appertenances therein thereon or in any manner thereunto belonging or appertaining, to him ye Said John Rackliff during his Naturall life and afterwards to ye Eldest lawfull begotten Son of the sª John Rackliff upon ye body of ye aforesª Elizabeth and for want of Such Son then Suruiu- ing, to ye next in kindred, Either Son or Daughter, To whom and their heires for Euer I ye aforesaid Thomas Traf- ton doe freely giue and bequeath the aforesaid twenty Acres of land in manner aforesaid/ Onely prouided that ye said land may be shall and s .... continue to ye right and true Intent of this my Deed of free gift, to wit, that ye said John Rackliff during his life Shall Inherit possesse and enjoy the sd twenty Acres of land, in manner aforesª then to be and continue to ye lawfull heires of ye sª John Rackliff begotten upon ye body of ye aforesª Elizabeth and Soe from heire to
BOOK IV, FOL. 79, 80.
heir for euer/ and for want of Such heires to return without trouble or Molestation to me or my heires In witness of ye truth and for true meaning and Real performance of all and euery aboue written, I the abouesaid Thomas Trafton haue hereunto put my hand and affixed my Seal the fifth day of Nouembr in ye year of our Lord God one thousand Six hundred Ninety & one and Seal
Being present Matthew Nelson
Thomas
T Trafton (Seal)
mark
his mark
William Rackliff
his
Joseph Alexander
Thomas Trafton owned this aboue Instrumt to be his act and Deed before me
Abraham Preble Justis peace
This Deed here Entred on Record Jan : 24° 169g and with ye origenall compared
p Jos Hamond Regr
[80] To all People to whom this present Deed of Sale Shall come I Sarah Whinnick Relict & Administratrix unto Joseph Whinnick late of Black point Alias Scarbrough ffish- erman Decd Send Greeting/ Know yee that for and in con- sideration of ye Sum of twenty and three pounds in currant money of New England to me and to my Deca husband in hand well and truly payd at and before ye ensealing & delivery of these presents by Richard Huniwell of Scar- brough in ye Prouince of Maine aforesaid, Yeoman, the receit whereof I doe hereby acknowledge and my Selfe therewth to be fully Satisfied and contented and payd and thereof & of and from euery part and pcell thereof for me the Said Sarah Whinnick my heires Executers Administratrs and Assigns doe Exonerate acqut and fully discharge him the sd Richª Hunniwell his heires Executrs Administratrs and Assigns
BOOK IV, FOL. 80.
by these presents for euer / I the sª Sarah Whinnick Haue giuen granted bargained Sold Aliened enfeoffed and con- firmed And by these presents doe for me my
Sarah Whinicks heires Executrs Administrat's and
Deed to Richª
Huniwell Assigns fully freely and absolutely, Whinnicks
Deed to Huni-
giue grant bargain Sell Alien En- well
feoffe conuey & confirm unto him ye sª Richard
Hunniwell his heires and Assigns all that my place or parcell of land and Meadow lying and being Scituate at Black point which was formerly Sold to the said Hunniwell by my Deca Husband by a verball agreemt and has been pos- sessed by ye said Richª Hunniwell about fifteen years past and is bounded on ye Southerly Side by Black point Riuer on ye North by a Riuer commonly known by ye name of the black riuer by the N. West part thereof by Bass creek And is Surrounded with water at Spring Tides, containing forty Acres more or less however else bounded or reputed to be bounded Together wth all the profits priuiledges and Apper- tenances to ye sª land Marsh & Meadow belonging or in any wise Appertaining To haue and to hold ye sd peece or pcell of land Marsh and Meadow with ye Appertenances thereto belonging with all right title Interest claim & demand which I ye said Sarah Whinnick now haue or in time past haue had or weh I my heires Executrs Administraters or Assigns in time to come may might Should or in any wise ought to haue of in or to ye aboue granted premises or any part thereof to him the sª Richª Hunniwell his heires or Assigns for euer And to ye Sole & proper use benefit and behoof of him ye said Richª Hunniwell his heir Execut™s &c for euer more/ And I ye said Sarah Whinnick for me my heires Exe- cutrs Administrat™s and Assigns doe couenant promise and grant to and with him the sª Richª Hunniwell his heires and Assigns That at and before ye ensealing and delivery thereof
BOOK IV, FOL. 80.
I am ye true Right and proper Owner of ye aboue p"mises and the Appertenances And that I haue in my Selfe full power good Right and lawfull Authority the Same to grant and confirm unto him ye said Richª Hunniwell his heires and Assigns as aforesd, And that ye Same & euery part thereof is free & cleare acquitted and discharged of and from all former and other gifts grants bargains Sales leases Mortgages titles troubles Acts Alienations and Incomberances whatsoeuer And that it Shall and may be lawfull to and for ye said Richª Hunniwell his heires & Assignes the aforesd p"mises and euery part thereof from time to time and at all times for euer here after To haue hold use improue occupie possess and enjoy lawfully peaceably and quietly without any lawfull lett deniall hinderance Molestation or disturbance of or by me or any other pson or psons from by or under me or by my procuremt, And that ye Sale thereof and of euery part there- of against my Selfe my heires Execut's Administratrs and Assigns and against all other psons whatsoeuer lawfully claiming ye Same or any part thereof I will for euer Saue harmless warrant and Defend by these presets And that I my heires Executrs and Administrat's Shall and will make pform and Execute Such other further lawfull and reasonable act or acts thing or things as in law or Equity can be deuised or required for ye better confirming and more Sure making of the p"mises unto ye said Richª Hunniwell his heires Exe- cutrs Administratrs and Assigns According to Sarah whin- nicks Deed the laws of this Prouince. In witnesse whereof I
to Richard
Huniwell
the said Sarah Whinnick haue hereunto Set my
hand and Seal the thirtieth day of Nouembr in ye Sixth year of the Reign of their Majesties William & Mary
BOOK IV, FOL. 80.
King and Queen ouer England & ct Anno Domini One thous- and Six hundred and Ninety four : 1694.
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