USA > Maine > York County > York deeds, Book IV 1684-1699 > Part 28
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BOOK IV, FOL. 109.
doth Acknowledge himselfe fully Satisfied contented and payd, doe by these presents Giue Grant, Bargain, Sell Aliene Assign Set ouer and confirm unto ye said Mr Jere- miah Moulton, his heires Executrs Administratrs and Assigns for euer haue Giuen Granted bargained Sold Enfeoffed and Confirmed from him ye Said Rogers his heires Executes Administratrs and Assigns for euer, To haue and to hold, a certain dwelling house Scituate & being in the Town of York in ye Prouince of Maine, with a pcell of Land adjoyn- ing thereunto ffronting to Yorke Riuer, together Capta Rog's Deed of with all out houses Barnes Stables Orchurds Sale to Je- Arable Land & Pasturage Comonages Priuiledges
remiah Moulton Church Priuiledges Imunities high wayes Water- wayes Wood under Wood and all other the Ap- purtenances thereunto belonging or any wayes Appertaining, bounded by sª Riuer South, and by ye Land of Mr Eliakim Hutchesons West : and John Brauns Northerly, which Land or house Lot Contains ten Acres be it more or less, within. ye sª bounds And likewise a Pasture of ten Acres more or less being a Town Grant and three Ares of Marsh with the Creek thatch and Appertenances, together with Eight Acres of upland Joyning to ye sª Pasture, that being onely the. Town Grant, part of which Land herein Mentioned. is Expressed in two Deeds made by Mr Edward Rishworth, one bearing Date ye 27 day of March. 1675. the other the. 24. day of ffebruary. 1680-with all other priviledges & Appurtenances to aboue mentioned houseing land and Priui- ledges belonging, As well not Mentioned as Mentioned, To haue and to hold, the aboue Land and prems to. him ye sª Jeremiah Moulton his heires Executrs Administratrs and Assigns for euer, And to his and their Executrs Adminis- tratrs and Assigns for euer, and to his and their own proper use benefit and behoofe to haue hold use ocupie Possess and Quietly to enjoy ye Same and euery part thereof without let hinderance or Molestation of him sª Ezekiel Rogers or his
BOOK IV, FOL. 109, 110.
heires Executrs Administrat" or Assigns or any other pson or psons whatsoeuer Laying Lawfull Claim thereunto or any part thereof, or at any time hereafter, and that at Ensealing hereof hath in himself full power and absolute Right to yo Land and Premises in this Deed Mentioned and that it is free and Cleare from all former Gifts grants Bargains Sales Mortgages Dowries Joyntures and from all or any Incom- brances whatsoeuer or howsoeuer And ffurther Confirmation Shall and will at any time or times giue and make under hand and Seal Instrument or Instruments to Establish and Confirm ye within Mentioned Demised premises Excepting and Reseruing thirtie foot broad and ffortie foot Long out of ye aboue Demised Premises formerly Sold unto M' Joseph Pennuwell of York Lying on ye backside of ye sª Homesteed by the highway/ In Testimong whereof [110] he hath here- unto Set his hand and Seal/ Dated in York in the Prouince of Maine in New England this twenty third of July Anno Domini One thousand Six hundred Ninetie and four, Annog Regni Regis & Regina Guilielmi & Maria Anglia &e Sexto Signed Sealed and Delivered
Ezekiel Rogers ( Seale)
In presents of us- This Instrument Captn Ezekiel Rog- James Plaisteed John Hancock ers acknowledged to be his Act and Deed before me Samuel Don- nel Esq' one of his Majesties Iustices of the Peace in ye County of York This 16th August 1694- Samuel Donnel
A true Copie of the origenall Deed of Sale Transcribed and Compared, here Entered upon Record this. 29º Iune. 1697 p Jos Hamond Registr
Know all men by these presents that I Walter Allen of Barwick in ye County of York in New England, doe for my
BOOK IV, FOL. 110.
Selfe Ayres Executrs Administratrs Acquit Exon- Walter Allins Receipt erate & Discharge the Administratrs and Relict of ye Estate of late Deceased Thomas Holmes of ye Same Town and County of all Legasies Dues Debts and Demands from ye Said Estate, In Consider- ation of hauing and Receiving of and from sd Estate three young Cattell of two years old and a pcell of Bills Due to sª Holmes Deceased the which I ye Said Walter Allen doe Acknowledge to Receive as a full Portion for my wife Mary ye Daughter of Said Holmes Deceased In witness whereof I haue Set to my hand and Seal this twentie & ffifth day of ffebruary. 169g and In ye Seuenth year of William the Sec- ond ouer England & Cet. King/ Walter Allin. (gea1) Signed Sealed & Delivered
in presents of us- John Plaisted Job Burnum
A true Copie of the origenal Receipt or Acquittance Transcribed and Compared. this. 29° June 1697 p Jos Hamond Registr
Know all men by these presents, that I John Seward of Portsmouth in the Prouince of New-Hampshiere Shipwright with ye free consent of Ann my wife, haue for and in Con- sideration of thirty pounds of Lawfull money of New Eng- land to me in hand paid by James ffernald of Kittery in ye County of York Husbandman, the receipt thereof I doe ac- knowledge and my Selfe therewith Satisfied contented and paid and euery Parcell thereof, and doe Acquit the sª James ffernald for ye Same and euery Part thereof, And haue Giuen granted bargained and Sold Aliened Enfeoffed and confirmed and by these presence doth Bargain and Sell Alien Enfeoffe and confirm unto the sª James ffernald, all that Tract of Land
BOOK IV, FOL. 110.
Situate lying and being in ye Town of Kittery in ye County of York at a place called ye Great Coue below ye boyling Rock And is bounded with ye Great Coue Eastward forty pole in breadth North and South And by ye Land of John ffernald on ye South and with ye Lands of ye late Stephen Paul on ye North, in length Eighty pole into ye woods Jnº Sewards on an East line Containing Twenty Acres and is Deed to Ja : ffernald that Tract of. Land which was Granted John Simmons by the Town of Kittery in ye year 1661. July ye 17 : as by the Records doth more at large appear and alsoe all wayes paths passages trees woods and under woods Easments Comoditie and the Apprtenances whatsoeuer in any wise appertaining thereunto, To have and to Hold the sd Tract of Land and euery Part and Parcell thereof unto ye sª James ffernald his heires and Assigns for euer, the sd John Seward doth for himselfe his heires Exe- cutTs Administratrs Couenant with ye sª James ffernald his heires Execut's AdministratTs or Assigns that he ye sª John Seward is the true and proper owner of ye aboue mentioned land at ye time of Signing and Sealing of these presents And that ye Same is ffree from all manner of Encombrances as Gifts Ioyntures Sales Mortgages or Dowries and that it Shall and may be Lawfull for ye sª James ffernald or any other under him to take possess use & Ocupie ye Same and euery Part thereof to ye onely use benefit and behoofe of him ye sª Iames ffernald his heires and Assigns for euer, As alsoe ye Peaceable and quiet Possession thereof to Warrant and Maintain against all manner of psons whatsoeuer Law- fully laying Claim thereunto ye Kings Matie the King of England and his Lawfull Successors only Excepted/ Wit- ness my hand and Seal this Seuenteenth day of September
BOOK IV, FOL. 110, 111.
one thousand Six hundred Ninety and Seuen and in ye Ninth year of his Majesty Reign William the third.
Signed Sealed and delivered
John Sewar (Je81)
In the presents of us - John Seward appeared before me John Spinney Thomas Spinney James Spinney
and Acknowledged this In- strumt to be his Act and Deed witness my hand ye 18th of Sep- tembr 1697.
Job Alcock Just pes The mark of
Agnes
Sewer ( her ) Seal
Ann Seward appeared before me and freely gaue up her Right of Dowry in ye aboue tract of Land/ Witness my hand This 18th of September 1697 Job Alcock Jus : pes
[111] Memorandum that Peaceable and Quiet Possession was giuen by Mr John Seward of Portsmouth
Possession giuen unto ye within Mentioned James ffernald of Kit- tery of ye Lands within Mentioned this 17º day of Septembr 1697 in presents of us whose Names are under written John Spinney Thomas Spinney the Sign of John ffernald
Received of Nathaniel Kane thirty one Kintolls & halfe of Marchata : fish and one piece of Kenten and twelfe thousand & three hundred foot of Marcht boards & Six pounds Seuen Shillings & Six pence all which I own to have received in part of Satisfaction for a serten tract of land I haue Sold
BOOK IV, FOL. 111.
him in Spruce Creek at ye head of the Western Creek con- taining one hundred Acres I say receiud p me John Shapleigh which land he is in possession of
Kittery ye 23 of July 1691
Test her
Patience P Downing
mark
Sarah Shapleigh
Mr John Shapleigh owned this Instrument to be his Act & Deed to Mr Nathan- iel Kane the 22ª of July : 1693 Before me- ffrancis Hooke Just peace
A true Copie of the origenall Transcribed & compared this third day of Jan'y 169%- p Jos Hamond Registr
Portsmº May 12th 1691
Mr Shapleigh/ Sr Whereas Nathaniel Keen Stands engaged to yr Selfe for a Certain tract of land Some time Since pur- chased ; these are to Signifie that I will pay on Demand to you or yr orders Six pounds Sil@ and thirtie Shillings as money, prouided you will outset Seuen thousand and half of boards of that Compliment which he yet Stands engaged to you for which you lately promised to comply with/ Noe more at present-I remain yr ffriend to Serue y"
Ursula Cutt
1691 : June 13 day. Recª in part of this Note Six pounds Seuen Shillings and Six pence/ I say Recd p me John Shapleigh
Recª In full Satisfaction of the within written Note of Mrs Ursula Cutt npon ye accot of Nathaniel Kane Seuen pounds ten Shillings in Money I say received p me
John Shapleigh Kittery 9th of Nouembr 1692.
Mr John Shapleigh owned this Instrumt to be his Act to Mr Kane this 22 of July 1693 Before me
ffrancis Hooke Just : Peace.
A true Copie of the origenall : Transcribed and compared this : 3ª of Jan™" 169% p Jos Hamond Registr
BOOK IV, FOL. 111.
To all Christian people to whome this prsent Deed of Sale Shall come I Katharine Nanney, Alias Nayler of Boston in the County of Suffolk in the Prouince of the Massachusets Bay in New England Widdow Send Greeting/ Know yee that I ye sª Katharine Nanney als Nayl' for and in Consider- acon of the Summe of fiue pounds Currant money of New England to be annually payd unto me ye sª Katharine Nan- ney als Nayler and Secured to be paid by Samuel Wheel- wright of Wells in the County of York in the Prouince aforesª Gent, as by a writing or Couenant Obligatory under the hand and Seal of the sª Samuel Wheelwright, reference thereunto being had doth and may more fully appear and for diuers other good consideracons me thereunto moving Have giuen granted bargained Sold Aliened Assigned Set over re- leased and confirmed And by these presents Doe giue grant bargain Sell Alien Assign Set ouer releas and confirme unto ye sª Samuel Wheelwright his heires and Assignes for euer All that Tract of land or ground which my husband Robert Nanney late of Boston deceased bought of Mr Coole contain- ing by Estimacon five hundred Acres (be it more or less) of Upland Meadow and Marsh ground with the Appurtenances lying and being together in Wells aforesª, and is bounded by a Creek which runneth between the
sª tract of Land and the land that was giuen by my father John Wheelwright with me in Mar- riage unto my sª husband Robert Nanney on the one Side and a Spring or Small brook Deviding between ye sª tract of land and the land formerly of Stephen Batson of Wells aforesª of the other Side And likewise Thirty Acres of Marsh ground with the Appurtenances lying and being in Wells aforesd Excepted always out of the land bought of Mr Coole one tract of land being twenty fiue pole in breadth beginning at the Northeast Side of Samuel Austins Land which sª tract of Land was formerly giuen in Exchange to William Hammond/ Alsoe one hundred and fifteen Acres of
Katherine Nanney to Samll Wheel- wright
BOOK IV, FOL. 111, 112.
Upland and ten Acres of Marsh with ffiftie Acres of Upland more & fiue Acres of Marsh more bought of William Hamond which in all amounts to one hundred Sixty fiue acres of Upland and fifteen Acrs of Marsh lying and being within the precincts of ye Town of Wells aforesª And also two hundred and thirty acres of Upland and twenty Acres of Upland bought by the said Robert Nanney of William Symonds, which sª land Lyeth in Wells aforesª And like- wise all that Land that was in the Possession lately of John Wakefield lying in Wells aforesª between the Land of John Sanders and M' Coole, together with all and Singul" the houses buildings Lands Arable and Meadow pasture woods undr woods and Comon and all other Priviledges and Appur- tenances to them or any of them belonging or in any wise Appurtaining-And also all my Right Title Interest use revertion possession claim and demand to the Same or any part or pcell thereof. To haue and to hold the sª Land and ground and all other ye premises with their Appurtenances to ye said Samuel Wheelewright his heirs & Assignes for euer to the onely Use and behoofe of the sª Samuel Wheel- wright and of his heirs and Assigns for euer/ And [112] I the said Katharine Nanney als Nayler for my Selfe my heirs Exec's Admrs doe Covenant grant and Agree to and with the said Samuel Wheelwright his heirs and Assignes That at all times hereafter upon the reasonable request & Cost and Charges in ye Law of the said Samuel Wheelwright or his Assignes I shall will doe make knowledge and Suffer or cause to be made knowledge done and Suffered all and euery Such reasonable Act and Acts thing and things as the sª Samuel Wheelwright or his Learned Councel in the Law Shall be reasonably devised or required for ye more & better conveyance and Sure making of the premises aforegranted and their Appurtenances to ye sª Samuel Wheelwright his heirs and Assigns for euer/ In witnes whereof I ye said Katharine Nanney Als Nayler haue to this prsent Deed of
BOOK IV, FOL. 112.
bargain & Sale Set my hand and Seal this Sixth day of July Anno Domini 1694. and in the Sixth year of the Reign of King William and Queen Mary of England Scotland &c. Sealed & Delivered
Katharine ( ger ) Nanney. Boston 6th July. 1694.
In the prests of Elizabeth Pearson Wm Milborne
Mrs Katharine Nanney with in Named appeared before me the Subsriber and Acknowledged this Instrument within written to be her Act & Deed/
Jer : Dumer J. P.
A true Copie of the origenall Deed of Sale Transcribed and Compared this. 20th day of Novembr 1697 p Jos Hamond Registr
To all christian people/ Know yee that I Richard Cutt of the town of Kittery in the County of York Gent' haue giuen granted bargained and Sold Enfeoffed and con- Richd Cutt to John firmed, And doe by these presents giue grant Morgrage bargain and Sell unto my well beloued friend John Mugridg of the Same place Yeoman for the consideration of a Valluable Sum of money to me in hand payd before the Sealing of these presents-all that Tract of Land lying and being Cituate in the township of Kittery known by the name of spruce Creek And is that tract of Land whereon the sd Mugridg doth now dwell and is bounded with Spruce Creek it Selfe and broad Coue and the Mill Creek And the lands of Mr William Scriuen as alsoe the Lands of the late Michael Endle, now in the possession of the sª John Mugridg To have and to hold all the aboue said tract of land unto the sd John Mugridg to him and his heires and Assigns for euer And furthermore I the sª Richard Cutt my heirs Executors and Administratrs doe couenant with ye
BOOK IV, FOL. 112.
sª John Mugridg his heirs Executes or Administrat's that the aboue sd land is cleare and ffree from all incombrances by me the sª Cutt made or Suffered to be done in any re- spect And that I am the true and proper owner thereof and that I am Lawfully Seized of the Same and of euery part and parcell thereof And further I the sª Richard Cutt aboue- sª doe couenant with ye sª John Mugridg his heirs or As- signes the Peaceable and quiet Possession thereof to main- tain against all psons laying lawfull Claim thereunto the Kings Majestie the King of England his heirs Excepted And that it Shall and may be lawfull for the said John Mugridg to take use ocupie and Possess all and euery part and parcell of the aboue giuen and granted premises to his own proper use and his heirs for euer/ Witness my hand and Seal this twenty eighth day of June one thousand Six hundred Ninety and fiue And in the Seuenth year of his Majesties Reign William the third King of England Scotland ffrance and Ire- land Defendr of the ffaith &c Richard Cutt (gis-) Signed Sealed and delivered The 24th January 169g-then in the presents of us- William Screuen ffrancis Nicolle
Wm Godsoe
Mr Richard Cutt came and acknowledged this Instru- ment to be his Act and Deed before me.
Wm Pepprell Is pece
4 A true Copie of the origenall Deed Transcribed and Com- pared this 6th day of Decembr 1697. p Jos Hamond Regestr
To all christian People to whom these presents Shall come Greeting Know yee that I Thomas Spinney of the Town of Kittery and County of York Yeoman on ye one Tho Spin- ney to his Son John part, and John Spinney Son of the sª Thomas Spinney aforesª on the other part Witnesseth that ye sª Thomas Spinney hath Let and to ffarm
BOOK IV, FOL. 112, 113.
Letten and Set ouer unto my Son John Spinney During the Naturall liues of us the sª Thomas Spinney & Margery my wife, all this my house and land and Stock of Cattle To Say all my land Joyning to my house with the barns out- houses and leantos orchurds Gardens and tooles for hus- bandry with four Cows two heifers one bull and two oxen and eight Sheep/ the sª Stock of Cattle to be taken off the place by me ye Said Thomas Spinney at the end of ffiue years, but the Increase to remain [113] on the place for euer Yeelding and paying yearly and euery year for euer during the Naturall liues of the abouesd Thomas Spinney and his wife abouesd the one halfe of the whole Produce of the house & land & Stock of Cattle To Say the one halfe of the Corn English and Indian And to plant three Peck of Corn Annually and to pay the one halfe of the butter and cheese that is Produced of the cows and halfe the Increase of the abouesd cows with halfe the Lambs and Wool of the Sheep and milk for our own use with halfe the Cyder and halfe the ffruit that remains, the one halfe of the Garden Stuff and halfe the Swine that are raised on the plantation and halfe Increase of any horse kind keep on the place, the English grain to be paid in when threshed out And as further consideration of the Premises it is Mutually agreed between both parties that ye sª Thomas Spinney doth engage to bear the one halfe of the charges of fencing the said lands and to pay the one halfe of the Rates and ye one halfe part of re- pairing the houseing And to allow ye said John Spinney the benefit of wood for fireing at my land ouer the great Coue Ioyning to my Son Sam11 Spinneys house lott And that Dureing my Naturall life and my wiues aforesd.
Tho Spiney to his Son John
And in consideration of a conveiance of the abouesd house and housing and land bearing Date
this Instant moneth of March : 1694 made by me the aforesd Thomas Spinney to his Son John Spinney the sª John Spinney doth Engage to continue with his father
BOOK IV, FOL. 113.
and mother dureing their Naturall liues to be Ayding and Assisting them as Necessity Shall require : And as these Articles aboue doth express/ but if the said John Spinney Shall Se cause to Decline or not perform the Premises here- in Mentioned Then it is concluded and agreed by both par- ties that the sd Conveyance bearing Date March the 23third 1694 Shall be Null Voyd and of noe Effect/ but if he ye sª Thomas Spinney doe faile or not Maintaine or withdraw or not perform what he hath promised and Set ouer on his part, to pay or forfit ye Sum of one hundred pounds to the said John Spinney his Son aforesª It is likewise concluded and agreed that if it Should please God that the sª John Spinney Should Decease that Mary his now wife Shall haue the benefit and Aduantage of the Premises performing that Obligation her husband hath made with her father abouesd as long as She remains a Widdow/ In confermation hereof both parties haue Set to their hands and Seales this twenti- eth and third day of March one thousand Six hundred Ninety and four.
Thomas Spinney (s&1)
Signed Sealed and delivered John Spinney (seale)
in presents of us. The 9th of July 1698/ Then Thomas James Spinney Wm Godsoe Spinney & John Spinney both ap- peared before me & Acknowledged this Instrument to be their Act & Deed one to ye other/ before me Wm Pepperrell. Justis pease
A true Copie of ye origenall Transcribed & Compared. this. 10th July. 1698- p Jos Hamond Regist"
Know all men by these presents that I Peter Staple Sen of ye town of Kittery and in the County of York in New England Yeoman haue giuen granted Alienated Enfeofed and Set ouer unto my beloued Son Peter Staple and doe by
1
BOOK IV, FOL. 113.
these presents Giue grant alienate and Set ouer unto my beloued Son Peter Staple all my house and land lying in the townShip of Kittery in the County aforesd, being bounded by the Main Riuer and Richard Hilton and Samuel Millerd on the Southeast And on the Northwest with the Lands of Richard Rogers or that called Millard Lott and Soe back into the woods as far as my land goeth to the Northward And Joyning to my house Lott-containing Eighty Acres of Land more or less with all my out housing & barns and Appertenances thereto belonging, Excepting and reseruing unto my Selfe during the Naturall life of me the sd Peter Staple and my Now wife Elizabeth, the one halfe of my dwelling house And Excepting foreuer out of the Premises two Acres of land ffronting the Main Riuer Next to Richard Rogers/ Alsoe I doe freely giue unto my Said Son the whole Stock of Cattle of all Sorts that I am now Possessed with/ To haue and to hold all the aforesaid housing and lands unto the said Peter Staple to him and to his heirs Peter Sta- ple to his Son Peter Lawfully begotten to him and to them and that foreuer Except the aforesd Excepted and reserued out of the Premises/ Always Provided and to be understood that the sd Peter Staple Jun' Shall husband & Manage and Manure the abouesd giuen and granted Premises at his own Proper cost and charge/ and yeeld and pay or cause to be payd During the Naturall liues of me the sª Peter Staple and Elizabeth my now wife the one halfe of the Prouce of said house and land, and Stock of Cattle, but in Case that either I the sª Peter Staple Sen" or Eliza- beth my wife Shall Decease, then ye sª Peter Staple to pay but ye one third of the Produce as aforesª/ And at ye Decease of the longest liuer of the two to pay Six head of Neat Cattell at ye age of three or four years old as they Shall appoint or Eighteen pounds in Siluer/ And further I ye Said Peter Staple Sen' doe Couenant to and with the sª Peter Staple Jun' that the Premises are ffree of all Incom-
BOOK IV, FOL. 113, 114.
brances or gifts bargains or Mortgages whatsoeuer by me made And that I am the Proper owner thereof and in Actuall Possession of all the Premises And the Quiet and peaceable Possession thereof to Maintain against all persons Laying Claim thereunto, our Soueraign Lord & Lady Excepted/ Signed Sealed and Delivered this twentieth day of August one thousand Six hundred Ninety and four And in the Sixth year of their Majties Reign King William & Queen Mary - Signed Sealed & Delivered
in the presents of-
The Sign of Peter P Staple (se81)
Samuel Nellson Peter Staple Sen' came and acknowl- the Sign of edged this Instrumt to be his Act and Deed unto his Son Peter Staple
Mary Nelson Jun' this. thirteenth day of Sept : 1694-Before ffrancis Hook of y®
Ebenezar Wentworth Councill & Iust : Peace Wm Godsoe.
A true Copie of the origenall Deed of Gift Transcribed and Compared this. 29th of December 1697
p Jos Hamond Registr
[1] ]] Nathan Lord aged 25 yeares and Abraham Lord aged about 23 years. Testifie that about the latter end of June or ye beginning of July. 1680. being in Thomas Abbets house, where there was John Green Sen' & these Deponants were going out of the sª house to their work, the sª John Green called them back again and desired them to bear Witness that he gaue his out Lott and ye Meadow Joyn- ing to it to his two Grand Children Moses Abbet and John Gillison/ & ffurther these Deponents Say not
Taken upon oath this. 7th day of ffebruary. 1681, before me John Wincoll Justce of peace
A true Copie of ye origenall Transcribed & compared this. 8th day of ffebruary : 1697- p Jos Hamond Regist"
BOOK IV, FOL. 114.
To all Christian People to whome this present Deed of Sale Shall come/ I Matthew Austine of York in the County of York in ye Prouince of the Massachusets Bay in New England Send Greeting/ Know yee that for and in consid- eration of foure and ffourty pounds good and Lawfull money of New England to me in hand well and truly payd at and before ye Ensealing and Delivery of these prests by Daniel Black of York in ye County aforesª, and in ye Prouince aforesª Weauer the receipt whereof I doe hereby Acknowl- edge and my Selfe therewith to be fully Satisfied contented and payd and thereof and of and from euery part & pcell thereof for me the sª Mathew Austine my heires Execut's Administratrs and Assignes, doe Exonerate Acquit and Discharge him ye sª Daniel Black his
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