USA > Maine > York County > York deeds, Book X 1719-1722 > Part 32
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Signed Sealed c Delivered
John Wittum a Seal )
In presence of us Nicholas Morrell Sarah Morrell
mark York sc/ Septr 3ª 1717 John
Wittum Above Named Ac- John Tydie knowledged ye Above Written Instrumt to be his free act c deed Before Charles ffrost J : peace Recorded According to ye Original July 25th 1719
p Jos. Hamond Reg"
The Deposition of Daniel ffurbush Jun" Aged twenty nine veare or there Abouts Testifyeth that I was prsent when Nicholas Gowen divided ye land between my father Daniel ffurbush c Thoms Roads decd c that it was about fourteen years agoe c that ye bounds is in ye same place as Near as I Can rementbr
Daniel ffurbush
York sc/ The within Named Daniel ffurbush Jun" made oath Apr 24 : 1719./ to ye Truth of yo within Deposition Taken in perpetuam rei Memoriam /
April 24 1719
Before us Charles ffrost $ Justices Jos Hamond & Quo Recorded p Jos Hammond Regr
BOOK X, FOL. 142.
The Deposition of James Emery c Nicholas Gowen both of full age testifieth that about fourteen Years ago We these Deponats being Desired by Thos Roads now decd c Daniel ffurbush now present to Sign an Agreemt as Witnesses which Agreemt ye Abovesd Roads c ffurbush did Sign c Seal in prsence of us ye Deponats At Mr Hubbords house in which Agreemt ye Abovesd Roads c ffurbush did bind themselves Each to other in ye Sum of ffifty pounds money to Stand to c Maintaine ye Dividing bounds lately then made between them in a tract of land which sª Roads had recovered a Judgmt of Agost sd ffurbush So that if Either of them Should refuse to Maintaine or to Alter ye Same he should pay ye Abovesd Sum to ye other the Abovesd Agreemt was written by Nicholas Gowen they Also bound their heirs &cª to Main- taine c Stand by ye Same And we Saw Thos Roads take ye Abovesd Instrumt or Agreemt in his Custody promissing ye Abovesd ffurbush that he would put it on record to which ffurbash promissed to be at halfe ye Cost this being ye truth as Near as We Can remembr James Emery
Nicholas Gowen further Saith that he did divide ye Land According to their desire c Agreemt c that Allexandr ffor- guson Sam" Shory was Assisting him in ye pformance of ye Same in presence of Several of ye Neighbours/
Nicholas Gowen
York sc/ April 24th 1719./ The above named James Emery and Nicholas Gowen made oath to ye truth of ye above Depositions Taken in perpetuam Rei memoriam Before us Charles ffrost § Justices
Jos : Hamond & Quoř
Recorded According to ye Original Apr 24th 1719 p Jos Hamond Regr
Daniel Emery of full age Testifieth that Some Years Since being requested by Daniel ffurbush c Sam1 Shory to renew c Settle a bounds between them which I did to both their Satisfactions Seemingly to me c they both did Agree to have a writing drawn for a final Settlemt /
Daniel Emery
York sc April 24 : 1719/ The Above named Daniel Emery made Oath to ye truth of ye Above Deposition. / Taken in perpetuamı Rei Memoriam
Before us Charles ffrost $ Justices Jos Hamond & Quoř
Recorded According to ye Original Aprill 24 : 1719 p Jos. Hammond Regr
BOOK X, FOL. 143.
[143] To All People to whom these p'sents shall Come I John Field of ye township of Kittery in ye Province of Maine in New England Mercht Sendeth Greeting Know Ye that I John ffield aforesd for c in Consideration of ye love c Affection which I bear unto my Well beloved Landlord Mr Michael Kenard of ye Township Aforesd in ye Province Aforesª and for Sundry other good Causes c Valluable Con- siderations me Especially hereunto Moveing Have given granted Aliened And Conveyed released c Confirmed c by these prsents do give grant Aliene Convey release c Con- firm unto ye sª Kenard his heirs And Assigns forever all my Estate both real c psonall which are now in ye possession of me ye sd John Field or in ye possession of Any other pson or psons Whatsoever that is to Say all my lands goods or Chattells ready Money or Wareing cloaths or Any money due by bonds bills book debts or any other wayes or means whatsoever or howsoever ye Same may be now due or Owing unto me ye sª John Field or that shall or may hereafter become Due or Owing unto me ye sd John Field./ Only ye Abovesª Michael Kenard in Consideration of ye Abovesd gift shall find c provide unto me ye sd John Field a Christian- like Maintainance dureing my life c At my decease or de- parture out of this Life shall find c provide unto my body a Christian burial And he ye Aforesd Kenard his heirs or Assigns shall have hold c Improve all c Every ye before Mentioned pmisses As his own free Estate without any let or hinderence or Any further Consideration than what is Above Expressed to him sª Kenard his heirs c Assigns forever by Vortue of this p'sent deed of Gift. In Witness c Testimony whereof I ye Abovesd John Field have to these p'sents Set my hand c Seal this thirtyeth day of Augst One Thousand Seven hundred c Twenty John Field (Seal)
Signed Sealed & Delivered
In prsence of us William ffry George Walton
York sc/ Sept 1st 1720
John Field within Named
psonally Appearing Ac- knowledged ye within In- strumt in writing to be his Act c Deed Coram Jos : Hamond J : pacs
Recorded According to ye Original April 3ª 1721 p Jos : Hammond Regr
To All people unto whome this present Writing shall come John Pitman Jun' of Marblehead in ye County of
BOOK X, FOL. 143.
Essex in ye Province of ye Massachuttes Bay in New Eng- land Fisherman & Rebecca Pittman his wife ye Daughter of James Robertson late of Pescattaqua River in ye Province of Hampshire Cooper Deceased & Grand daughter of Richard Foxwell late of Blew Point in ye County of York in ye Province of ye Massachuttes Bay in New England aforesa husbandman deceased sends Greeting Know ye that ye sd John Pittman & Rebecca Pittman for & in Consideration of ye Sum of Seventy two pounds to us in hand paid before ye Ensealing & delivery of these presents by John Felton of Marblehead in ye County & Province aforesaid Cooper or Shoreman ye recept whereof to our full sattisfaction & content Wee ye sd John & Rebecca Pittman do acknowledge & thereof & of every part thereof do acquit Exonerate & discharge ye sd John Felton his Heirs Execut's administrs or assigns & every of them forever by these presents & for divers other good causes & considerations us hereunto mov- ing Wee ye sd John & Rebecca pittman Have given granted Bargained Sold Alieanated Enfeoffed remised released Quitted claim & confirmed & by these presents do fully freely clearly c absolutely give grant Bargain sell aliene Enfeoffe remise release Quit claim c confirm unto ye sd John Felton in his full and quiet c peaceable possession & Seizen now being c to his Heirs c assigns for ever all ye Estate right title Interest share portion proportion Inheritance div- idend property possession reversion remainder claime and · demand whatsoever which 'wee ye sd John c Rebecca Pitt- man ever had now have or which wee our selves or assignes in time to come can may might should or in any wise ought to have or claim off in c to all c Singular ye Housing edi- fices Buildings, Lands Tenements, Yards Gardens Orchards Grounds Meadows Marshes Arrable Land upland wood land, Swamps Comons Comonages Town right with ye prev- iledges Comodities Heriditaments Emoluments c appurte- nances whatsoever thereof c thereto belonging c other Es- tate whatsoever which our sd Father James Robertson or our sd Grandfather Richard Foxwell died Seized c possessed of Scittuate lying c being either in ye Province of Hamp- shire or in Blew point in ye Province of ye Massachuttes Bay as aforesaid or in any other part or parts whatsoever by any manner of ways or means whatsoever or howsoever To have & to hold all c Singular the above granted c re- leased premisses with ye appurtenances c every part. and parcel thereof unto ye sd John Felton his Heirs c assigns for ever to his c their own sole c proper use benefit c behoofe from henceforth c forever more freely peaceably c
BOOK X, FOL. 144.
quietly without any manner of reclaim challenge or contra- diction of us ye sd John c Rebecca Pittman our Heirs or Assignes c without any accompt Reckoning or answer there- fore to be given rendred or done in time to come to us or them or any of us or any of them so yt neither wee ye sd John c Rebecca Pittman our Heirs c assignes nor any other person or persons for us or them or in our or their names Right or stead shall or will by any ways or means hereafter have claim challenge or demand any Estate right Title or interest of in ye premisses or any part or parcel thereof But of c from all c every action of right Estate title or Interest claim & demand of in c to ye premisses c every part c par- cel thereof both wee our selves c every of them shall be utterly Excluded c for ever debarred by these presents c ye sª Bargained released c confirmed premisses with their c every of their appurtenances unto ye sd John Felton his Heirs c assigns against both our Selves our Heirs Executrs Administrs & assignes & against ye lawfull claims c demands of all c every other person & persons whomsoever shall c will warrant c for ever defend by these presents [144] And at any times hereafter on demand to youse c pass such fur- ther and ample assureance c confirmation of ye premisses unto ye said John Felton his Heirs c assigns for ever as in Law or Equity can be reasonably devised advised or re- quired In Wittness whereof ye sd John c Rebecca Pittman have hereunto set their hands c seals ye fourteen day of decem' in ye seventh year of ye Reign of our Soverign Lord George of Great Brittain France c Ireland King Annog domini one Thousand Seven hundred c Twenty
Signed Sealed c delivered
in ye presence of us A Ferguson Joshua Orne
John Pittman ( Seal ) her mark
Rebecca Pittman ( Seal )
Essex ss/ The above named John c Rebecca pittman per- sonally appeared before me one of his Majesties Justices of ye peace for sª County and they vol- uantary Acknowledged ye above written Instrumt to be their free act c deed dated at Marblehead ye 17th day of Jan'y 1720/21
Azoad Gale J : peace
Recorded According to ye original April ye 28
Abram Preble Reg
BOOK X, FOL. 144.
To All People unto whome this present Writting shall come samuel Ashton of Marblehead in ye County of Essex in ye Province of ye Massachusttes Bay in New England fisherman Eldest Son of John & Susannah Ashton late of Marblehead aforesd deceased c eldest Grandson of Rich- ard Foxwell late of Blew point in ye County of York in ye Province aforesaid Husbandman deceased by his aforesaid Daughter Susannah Ashton sends Greeting Know Ye that I ye said Sam" Ashton for c in consideration of ye Sum of fifty Six pounds to me in hand well c truly paid before ye Ensealing c delivery of these presents by Capt John Stacey of Marblehead in ye County of Essex aforesaid Marriner the Receipt whereof to my full content c Satisfaction I ye sd Samuel Ashton do acknowledge c thereof c of every part thereof do acquit exonerate c discharge ye sd Capt John Stacey his Heirs Executors c Administrs every of them for- ever by these presents : c for divers other good Causes c Considerations me hereunto moving I ye sd Sam" Ashton have given granted bargained Sold aliend Enfeoffed Remised released Quitted clame c Confirmed c by these presents do fully freely, clearly c absolutely give, grant, bargain Sell aliene Enfeoffe remise release quit claim c confirm unto ye sd Capt John Stacey in his full c quiet possession c Seizen now being c to his Heirs c Assigns forever all ye Estate right Title Interest share portion proportion Inheritance DiviDend property possession reversion remainder Claime c demand whatsoever which I ye sd Samuel Ashton, in right c by virtue of my Mother Susannah Ashton alias Susannah Foxwell ye Daughter of sd Grandfather Richard Foxwell ever had now have or which I my Heirs or Assigns in Time to come can may wright, should or in any wise ought to have or Claime of in c to all singular ye housing, edifices, Buildings, Lands, Tenements Yards, orchards, Gardens, grounds, meadows, marshes arrable lands : uplands wood- land swamps Comons Comonages Town rights, with ye previledges Commodities, Hereditaments Emoluments c appurtenances whatsoever thereof c thereto belonging c other estate whatsoever wch my sd Father John Ashton c my sd Grandfather Richard Foxwell dyed Seised c possessed of Scituate Lying c being in ye Province of ye Massachuttes Bay at Blew point as aforesaid or in any other part or parts of New England aforesaid by any manner of ways or means whatsoever or howsoever To have c to Hold all c Singular ye above granted c remised premisses wth ye appurtenances c every part c parcell thereof unto ye sª Capt John Stacey his Heirs c Assigns for ever to his c their own sole c proper
BOOK X, FOL. 144.
use benefit behoofe from henceforth c for ever more freely peaceably c quietly without any manner of reclaime Chal- lenge or Contradiction of me ye sd Samuel Ashton my Heirs or Assigns c without any accompt reckoning, or Answer therefore to be given rendered or done in time to come to me or them so yt neither I ye sª Samuell Ashton my Heirs or Assigns nor any other person or persons for me or them or in my or their names right or stead shall or will by any ways or means hereafter have Claime Challenge or demand any Estate right or Title or Intrest in or to ye premises or any part or parcel thereof but of and from all c every action of right Estate Title Interest Claim & demand of in c to ye premisses c every part c parcel thereof both I my Self c every of them shall be utterly Excluded c for ever debarred by these presents, And ye sd bargained released c confirmed premisses with their c every of their appurtenances unto ye sª Capt John Stacey his Heirs and assigns against both my self my Heirs Execut's administrs & assignes c against ye Lawfull Claims c demands of all c every other person c persons whomsoever shall c will warrant c for ever defend by these presents, And Mary Ashton ye wife of ye sª Sam11 Ashton doth fully c freely give c yeild up unto ye sª Capt John Stacey his Heirs c assigns all her right c title of Dower c Interest of in c to ye premisses respectively for ever by these presents c at any time or times hereaftr on demand to give c pass such further c ample assureance c Conformation of ye premisses unto ye sª Capt John Stacey his heirs c assigns for ever as in Law or Equity can be reasonably devised advised or required In Wittness whereof ye sd Sam" Ashton c his wife Mary have hereunto set their hands c Seals ye third day of Decembr In ye seventh Year of our soverigne Lord George of Great Brittian France & Ireland King Annog domini 1720 Signed Sealed c delivered
in the presence of us Archd Ferguson Daniel ffelton
his mark Ashton( seal )
Sam" 2
Mary X Ashton ( seal )
Essex ss : ye above named Sam" & Mary Ashton personally appeared before me one of his majesties Jus- tices of ye peace for sª County c they both acknowledgd ye above written Instrumt to be their free aet c deed dated at marblehead ye 25th day of April 1721 Nath" Norden
Recorded according to ye originall April 28th 1721
Abram Preble Reg™
BOOK X, FOL. 145.
To All Christian People to whome these presents shall come Hezekiah Phelps of Wells in ye County of York in his majesties Province of the Massachuttes Bay in New England Gent : Send Greeting Know Yee that I ye sª Heze- kiah Phelps for c in Consideration of ye Sum of Seven pounds Currant Money of New England To him in hand paid before ye Ensealing c delivery of these presents by Joseph Maylem of Boston in ye County of Suffolk in ye Province aforesª Bricklayer ye Receipt whereof to full con- tent c Sattisfaction he ye sª Hezekiah Phelps Do by these presents Acknowledge c thereof c every part thereof for him self his Heirs Executors c Administrs doth acquit Exon- erate and [145] discharge ye sª Joseph Maylem Him his Heirs Executors c Administrs & every of them By these presents c for divers other good Causes c considerations him thereunto moving He ye sª Hezekiah Phelps hath given, granted, Bargained Sold Aliend Enfeoffed, conveyed, c con- firmed c by these presents doth fully, freely Clearly c abso- lutely give, grant, bargain, Sell, aliene, Enfeoffe, convey and confirm unto ye sd Joseph Maylem his Heirs c Assignes for ever ye one halfe part of a Certain Tract of Land, con- taining one hundred acres of upland and Twenty acres of Marsh Scittuate Lying c being Within ye bounds of New Town on or near Saccadahoe in ye County of Cornwell in ye Collony of New York in America Butted c bounded as fol- loweth Northerly upon ye Island called great Island, on ye End of sª Island on ye South side of ye river Adjoyning to a place called Hell Gate. Being on a Neck of Land called Brusters Neck Extending sixty four Poles, by ye river side East North East To a marked Tree at a meadow side c from thence North North West, into ye Woods Two hundred c fifty poles to a pine Tree near to ye Marsh side, and from thence Sixty four poles west south west to a pine Tree marked on four sides, which parts ye Land of Wm Parsloe and ye sª Land formerly Thomas Frosts of said New Town Deceasª Northerly with ye River c on ye East side with ye marsh, c on ye Southerly side with ye upland of sd Parsloe, . C ye west side, ye marsh The sª Twenty acres of marsh Adjoyning to ye upland on ye Eastward side, Bounded with ye upland Threeways and on ye Eastward side ye Creeck from upland to upland iq v howsoever otherwise bounded, or reputed to be bounded, Together with all all such rights Liberties, Immunities Profits privilidges, Commodities Emoluments & Appurtenances as in any kind appertain Thereunto with ye Reversions & Remainders Thereof c all ye Estate, right, Title, Inheritance, proporty possession claim c demand whatsoever of him ye sd Hezekiah Phelps
BOOK X, FOL. 145.
of in c to ye same c every part thereof To have and To hold all ye above granted premisses with all c Singular ye Appurtenances thereof unto ye sd Joseph Maylem his Heirs c assigns to his c their own Sole proper use, benefit c be- hoof from henceforth for ever And ye sª Hezekiah Phelps for himself his Heirs Execqrs and Administr doth hereby Covenant promise, Grant c agree to c with the said Joseph Maylem his heirs c Assigns in manner c form following (that is to say) That at ye time of ye Ensealing c delivery of these presents He ye sd Hezekiah Phelps is ye true sole c lawful owner, of all ye above bargained premisses, c stands lawfully Seized Thereof in his own proper right, of a good perfect and indefeazable Estate of Inheritance in Fee Simple, Haveing in himself full power good right and Lawfull Authority to sell c dispose of ye same in manner as afore said, And that ye sd Joseph Maylem his Heirs c assignes shall c may henceforth for ever Lawfully peaceably c quietly Have Hold use occupye Possess c Enjoy ye above granted premisses with ye Appurtenances Thereof free c clear c Clearly acquitted c discharged of c from all, c all manner of former c other gifts, grants, Bargains, Sales, Leases, Mortgages Joyntures, Dowers, c of c from all Judgments, Executions Entails, forfetiures Titles, Troubles charges, c Incumbrances whatsoever had, made comitted done or Suffered to be done, By ye sd Hezekiah Phelps, his Heirs or Assigns at any time or times, before ye Ensealing c delivery hereof, Provided allways that ye said Joseph Maylem his Heirs or Assigns, shall from henceforth c forever yield c pay unto ye King of Great Brittain c his successors from time to time, The quit rent or Acknowledgment, mentioned c specified in one Patent for ye sª Land Granted unto the above sª Thomas Frost his Heirs c assigns for ever as by ye original Grant Reference thereunto being had more fully will appear In Witness whereof ye sª Hezekiah Phelps hath hereunto set his hand c Seal ye Twenty third day of Feb- ruary in ye Second Year of ye Reign of our Soverign Lord George King of Great Brittian &c Anno Domini one Thousd Seven hund 15 Sixteen Signed Sealed c delivered in presence of Joseph Wheeler Jun" Jonathan Wheels
Hezekiah Phelps ( seal ) Suffolk ss/ Boston 24th Febry 1715/16 Hezekiah Phelps personally appeared before me ye Subscriber one of his majesties Justice of the Peace in sª County c did ac- knowledge this above written In- strumt to be his free act & deed Samuel Lynde
BOOK X, FOL. 145.
Boston Fehry 24th 1715/16 Received of ye within Named Joseph Maylem ye Grantee The Sum of Seven pounds Money in full for ye within Bargained premisses I say reced in full p me Hezekiah Phelps
Recorded according to ye Originall Aprill 19th 1721 p Abram Preble Regr
Know all men by these presents That I Harlaekenden Symonds of Boston in New England Gent for c in Consid- eration of a Sufficient Sum of money to me in hand paid Have Alienated Bargained c Sold c by these presents doe Alienate bargaine c Sell unto John Corwin of Salem in New England aforesaid mereht five hundred aeres of Land being a part of a Traet of Land purchased of ye Sagamore thereof called Sosowen as doth appear by ye records of Aga- mentiens alias York ) bounded on ye East with Sawco river on ye west with Cape porpas river c Southerly with ye Town ships of Cape Porpass c Sawco c Northerly wth part of ye same Tract of Land belonging to my self c it is to be un- derstood yt ye sª five hundred acres of Land is allowed Meadow in proportion as ye sd Tract afore said doth afford To have & to hold ye sª five hundred acres of Land with all its Woods underwoods Timber Trees & all other Trees what- soever also with all previlidges c benefits thereunto belong- ing or in any ways appertaining to ye aforesd John Corwin his Heirs Execut's Administrs and assigns for ever And further I do hereby ingage my self to warrant and maintain ye lawfull Sale of ye afore sd Land, from all persons What- soever that shall lay claime thereto or disturbe ye afore said Corwin his heirs Execut's Administrators or Assigns in ye Quiett and peaceable possession of ye same under pretence of any right or title from by or under me my Heirs Execu- tors or Administrators and to defend ye aforesaid Corwin his heirs Executors Administrs c assigns in ye quiett posses- sion of ye same forever I do also in gage that I my self am ye true c Lawfull owner & possessor of ye same Land and that Elizabeth my Wife shall (when required thereunto) really and freely give up her right in ye aforesaid premisses according to Law In Wittness whereof I have hereunto Set my hand & Seal this Second day of Octobr in ye Year of our Lord one Thousand Six hundred Seventy c four and in the
.
BOOK X, FOL. 146.
Twenty Sixth Year of the Reign of our Soverign Lord King
Charles the Second [146]
Signed Seale and delivered
Harlackenden Symonds ( seal )
in presents of us
Harlackenden Symonds owned
signª
to be his act and deed 13 .. 10 :
John West
Mo : 77
William Hathorne Asistinte
Ell Hathorne
Thomas West
Recorded according to ye Originall April 19 : 1720
p Abram Preble Regr
Know all men by these presents That I Jonathan Cary of Augusta in ye County of York c Province of ye Massachuttes Bay in New England shipwright am holden and Stand firmly bound c obliged unto Peter Cutler shopkeeper and James Goold Marriner both of Boston in ye County of Suf- folk c Province aforesaid in ye full c JJust Sum of One hun- dred and Ten Pounds lawfull money of New England to be paid to ye sª Peter Cutler c James Goold their Heirs Exec- ut's Admin's or Assignes To ye true payment whereof I Bind my self my Heirs Execut's c Admin's firmly by these pres- ents And as a Colateral c further Security for ye sd payment I ye sd Jonathan Cary c Margaret my Wife Have And by these presents Do give grant bargain sell Convey c Confirm unto ye sd Peter Cutler c James Goold all our c each of our right title and Interest of in c unto a Certain Tract or par- cel of Land Scituate lying & being in ye Town of Augusta aforesd over against George Town upon Arowsick Island of which sª Tract of Land John Parker Father of the sd Mar- garet dyed seized in ffee c one Eight part now there desends to her Together with all ye rights members profits privi- ledges c appurtenances belonging to ye sª granted premisses c ye Reverson c Reversons remainder c remainders thereof, To Have and To Hold all the said granted c bargained premisses with ye appurtenances unto the said Peter Cutler c James Goold their heirs c Assignes for ever without any any advantage by right of Survivourship In Wittness whereof I ye sd Jonathan Cary c Margaret my Wife have hereunto Set our hands and Seals this 24th day of November Anno Domini One Thousand seven hundred c Twenty And In ye Seventh Year of ye Reign of our Sovereign Lord King George over Great Brittaine &c
The Condition of ye above written Obligation bargain c Sale is such That whereas the aforenamed Jonathan Cary
BOOK X, FOL. 146.
owes c stands justly Indebted to ye sª Peter Cutler c James Goold the respective sums following - Vizt To ye sd Peter Cutler ye sum of Twenty three pounds two shillings c ten pence and to ye said James Goold the Sum of thirty two pounds Eleven shillings and ten pence as by their several Books c accompts will perticularly appear If therefore ye sª Jonathan Cary his Heirs Execut's or Adminis's shall c do on or before ye twenty fifth day of Nouember which will be in ye Year of our Lord one Thousand Seven hundred c Twenty one well c truly pay or cause to be paid unto ye sd Peter Cutler & James Goold their Execut's Administrs or Assignes ye Respective Sums owing By ye sª Cary to ye sª Cutler c Goold as aforesd together wth lawful Interest for ye sª several sums of money after ye rate of Six pounds p Cent p Annum, without fraud or delay Then this obligation bar- gain c Sale to be utterly void c of none Effect or else to abide in full force and virtue Sealed & Delivered
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